Rezoning Heats Up County Commissioners Meeting
November 25, 2020 at 3:38 a.m.
Rezoning Heats Up County Commissioners Meeting
By David [email protected]
The Kosciusko County Area Plan Commission unanimously voted at their Nov. 4 meeting to recommend to the commissioners that Amber Real Estate’s rezoning petition from agricultural to commercial zoning be denied. On Tuesday, the commissioners unanimously accepted that recommendation.
Area Plan Director Dan Richard told the commissioners that the 2.5 acres is located at the northwest corner of the intersection of Triplegate Road (T25) and Armstrong Road.
“There were a number of petitions on file, a number of remonstrators that were present. The main concern had to do with the residential agricultural-2 zone, the residential-type subdivision in through here, traffic safety was discussed. A long discussion on potential uses,” Richard said.
He said the petitioner doesn’t have to divulge the potential uses, but when there is a rezoning request the commissioners have to consider any and all potential uses under a commercial category, as well as exception uses.
“Considering all of those, that’s where your unanimous recommendation came through not to allow the rezoning,” Richard said.
Richard Helm, attorney for Amber Real Estate LLC, a Gerald and Gloria Williams family-owned limited liability company, said the way the county is set up with rezonings is that it goes to the planning commission for a “supposedly advisory opinion. The way it’s currently working is that becomes a full-blown hearing at which remonstrators get to get up and complain about anything they might want to complain about in the proposal.”
He said it’s not set up for the petitioner necessarily to bring in “similar things.” Helm said a rezoning is a “legislative” matter.
Helm presented the commissioners with information on 12 neighbors who are in favor of the petition, acknowledging that one of them is a member of the family LLC.
“What you had at the Plan Commission level was a bunch of people who occupy parcels, lots zoned Ag-2, immediately to the east of the proposed rezoning, opposing it,” Helm said.
He also told the commissioners that the motion he heard at the Nov. 4 Plan Commission hearing was – instead of what was supposed to be just a recommendation – “I move to deny” because “they think they’re making the final decision because you guys generally take the view that you’re going to go with what they send you. I just want to point that out that the attitude is we’re going to listen to remonstrators and we’re going to count up heads, and Dan regularly says it’s not a popularity contest, but it ends up being that.” He said that’s why he was providing documentation that a number of neighbors had no problem with the rezoning.
Helm said a representative of the petition went to several of the remonstrators and asked them if there was any condition or proposal that could be offered to satisfy their reservations. The representative was “rebuffed,” he said.
He pointed out that family members live in close proximity to the proposed rezoning. It’s surrounded on two sides by property that will still be owned by Amber Real Estate. “There’s no way they’re going to mess up their own nest,” he said.
Helm said, and he pointed this out at the Nov. 4 meeting, that his clients had no problem offering a recordable restriction on the property that the property wouldn’t be used for a service station, pier and boatlift station and mini warehouses.
He then talked about the remonstrance, noting that the land surrounding the property in question is zoned Ag or Ag-2, which “are compatible” with a commercial use. He said one neighbor with a home occupation, “which is essentially industrial,” was doing manufacturing work. A second neighbor “who thinks it’s horrible to have commercial zoning, actually runs a racecar facility.” If you Google that neighbor, Helm said you’ll get a video of a racecar “burning rubber down a county road which looks – I’m not going to say that I know this for sure – but looks very, very closely resembles T25, which is the corner of the intersection we’re talking about.”
Helm said two of the four remonstrators are “already in essentially industrial or commercial enterprise next door.” In a court of law, he said they wouldn’t have any standing to complain about someone doing something similar.
“Zoning is supposed to be appropriateness of the use and not a popularity contest,” Helm said.
Commissioner Bob Conley, who also sits on the Plan Commission, got into an argument over what was and was not said at the Nov. 4 meeting regarding what the property would be used for if it was rezoned. Helm said Conley was advocating for spot zoning, use variance zoning, which the city has but the county doesn’t permit. Helm also said the property had multiple inquiries regarding its purchase but Amber Real Estate doesn’t have a current proposed purchaser or use.
The second neighbor, Mitch Truman, said Helm was “lying.” “If he can come up with a photo of my racecar on the road, I’ll give him $1,000 because it doesn’t exist,” Truman said. He said he races from Indianapolis to California but his car “has never been out on that street. That’s a lie.” He also presented the commissioners with other letters from neighbors.
“He’s also lying that he has no idea what will be built there because the owners told Justin May, one of the property owners, that they’ve got two buyers if this place goes commercial. So they have some idea what’s going to be built there if it goes commercial,” Truman said.
Helm responded that he’s been called a liar before but what Truman said he said was not what he said. “What I said was, ‘go Google it for yourself,’ and I said I did not identify that as T25, it looks a lot like it. If he says it isn’t, I’ll take his word for it. But he’s still running a hot rod shop there,” Helm said and then he and Truman began arguing over each other.
Helm told Truman, “You know, I can sue you for that statement.” He said that would be his “project” next week.
Commissioner Brad Jackson said what they were arguing over was irrelevant to what was before them Tuesday.
“I understand, but there’s also a precept that says you call someone that calls into question their professional ethics, and it is slander per se, and he can look for a summons from me. That will be a separate thing,” Helm said.
Truman and Helm began to argue some more and Jackson had to pound his fist on the table and asked for no more of it.
After the hearing was closed to the public, Commissioner Cary Groninger said, “Just looking at the property, and it’s a small parcel like that, and I think kind of looking at somewhat spot zoning, I guess I think having a better idea of how the whole property might be developed in the future would definitely be a lot more enticing for me to want to vote for it.”
Jackson said it was his opinion it would be better if the property owners asked for an exception instead of a rezoning because rezoning it commercial was painting the property “with a pretty broad brush.”
Conley said he wasn’t advocating for spot zoning and that the Area Plan Commission had taken everything into consideration when it made its recommendation. He made the motion to accept the APC’s recommendation and it was unanimously approved.
The Kosciusko County Area Plan Commission unanimously voted at their Nov. 4 meeting to recommend to the commissioners that Amber Real Estate’s rezoning petition from agricultural to commercial zoning be denied. On Tuesday, the commissioners unanimously accepted that recommendation.
Area Plan Director Dan Richard told the commissioners that the 2.5 acres is located at the northwest corner of the intersection of Triplegate Road (T25) and Armstrong Road.
“There were a number of petitions on file, a number of remonstrators that were present. The main concern had to do with the residential agricultural-2 zone, the residential-type subdivision in through here, traffic safety was discussed. A long discussion on potential uses,” Richard said.
He said the petitioner doesn’t have to divulge the potential uses, but when there is a rezoning request the commissioners have to consider any and all potential uses under a commercial category, as well as exception uses.
“Considering all of those, that’s where your unanimous recommendation came through not to allow the rezoning,” Richard said.
Richard Helm, attorney for Amber Real Estate LLC, a Gerald and Gloria Williams family-owned limited liability company, said the way the county is set up with rezonings is that it goes to the planning commission for a “supposedly advisory opinion. The way it’s currently working is that becomes a full-blown hearing at which remonstrators get to get up and complain about anything they might want to complain about in the proposal.”
He said it’s not set up for the petitioner necessarily to bring in “similar things.” Helm said a rezoning is a “legislative” matter.
Helm presented the commissioners with information on 12 neighbors who are in favor of the petition, acknowledging that one of them is a member of the family LLC.
“What you had at the Plan Commission level was a bunch of people who occupy parcels, lots zoned Ag-2, immediately to the east of the proposed rezoning, opposing it,” Helm said.
He also told the commissioners that the motion he heard at the Nov. 4 Plan Commission hearing was – instead of what was supposed to be just a recommendation – “I move to deny” because “they think they’re making the final decision because you guys generally take the view that you’re going to go with what they send you. I just want to point that out that the attitude is we’re going to listen to remonstrators and we’re going to count up heads, and Dan regularly says it’s not a popularity contest, but it ends up being that.” He said that’s why he was providing documentation that a number of neighbors had no problem with the rezoning.
Helm said a representative of the petition went to several of the remonstrators and asked them if there was any condition or proposal that could be offered to satisfy their reservations. The representative was “rebuffed,” he said.
He pointed out that family members live in close proximity to the proposed rezoning. It’s surrounded on two sides by property that will still be owned by Amber Real Estate. “There’s no way they’re going to mess up their own nest,” he said.
Helm said, and he pointed this out at the Nov. 4 meeting, that his clients had no problem offering a recordable restriction on the property that the property wouldn’t be used for a service station, pier and boatlift station and mini warehouses.
He then talked about the remonstrance, noting that the land surrounding the property in question is zoned Ag or Ag-2, which “are compatible” with a commercial use. He said one neighbor with a home occupation, “which is essentially industrial,” was doing manufacturing work. A second neighbor “who thinks it’s horrible to have commercial zoning, actually runs a racecar facility.” If you Google that neighbor, Helm said you’ll get a video of a racecar “burning rubber down a county road which looks – I’m not going to say that I know this for sure – but looks very, very closely resembles T25, which is the corner of the intersection we’re talking about.”
Helm said two of the four remonstrators are “already in essentially industrial or commercial enterprise next door.” In a court of law, he said they wouldn’t have any standing to complain about someone doing something similar.
“Zoning is supposed to be appropriateness of the use and not a popularity contest,” Helm said.
Commissioner Bob Conley, who also sits on the Plan Commission, got into an argument over what was and was not said at the Nov. 4 meeting regarding what the property would be used for if it was rezoned. Helm said Conley was advocating for spot zoning, use variance zoning, which the city has but the county doesn’t permit. Helm also said the property had multiple inquiries regarding its purchase but Amber Real Estate doesn’t have a current proposed purchaser or use.
The second neighbor, Mitch Truman, said Helm was “lying.” “If he can come up with a photo of my racecar on the road, I’ll give him $1,000 because it doesn’t exist,” Truman said. He said he races from Indianapolis to California but his car “has never been out on that street. That’s a lie.” He also presented the commissioners with other letters from neighbors.
“He’s also lying that he has no idea what will be built there because the owners told Justin May, one of the property owners, that they’ve got two buyers if this place goes commercial. So they have some idea what’s going to be built there if it goes commercial,” Truman said.
Helm responded that he’s been called a liar before but what Truman said he said was not what he said. “What I said was, ‘go Google it for yourself,’ and I said I did not identify that as T25, it looks a lot like it. If he says it isn’t, I’ll take his word for it. But he’s still running a hot rod shop there,” Helm said and then he and Truman began arguing over each other.
Helm told Truman, “You know, I can sue you for that statement.” He said that would be his “project” next week.
Commissioner Brad Jackson said what they were arguing over was irrelevant to what was before them Tuesday.
“I understand, but there’s also a precept that says you call someone that calls into question their professional ethics, and it is slander per se, and he can look for a summons from me. That will be a separate thing,” Helm said.
Truman and Helm began to argue some more and Jackson had to pound his fist on the table and asked for no more of it.
After the hearing was closed to the public, Commissioner Cary Groninger said, “Just looking at the property, and it’s a small parcel like that, and I think kind of looking at somewhat spot zoning, I guess I think having a better idea of how the whole property might be developed in the future would definitely be a lot more enticing for me to want to vote for it.”
Jackson said it was his opinion it would be better if the property owners asked for an exception instead of a rezoning because rezoning it commercial was painting the property “with a pretty broad brush.”
Conley said he wasn’t advocating for spot zoning and that the Area Plan Commission had taken everything into consideration when it made its recommendation. He made the motion to accept the APC’s recommendation and it was unanimously approved.
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