Commissioners Approve CR 500N Rezoning, Utility Easement Vacation
October 26, 2021 at 10:53 p.m.
Commissioners Approve CR 500N Rezoning, Utility Easement Vacation
By David [email protected]
Both of the petitions he represented – one for a rezoning and one for a vacation – were approved by the Commissioners with no remonstrators. Both also had been recommended for approval by the Area Plan Commission earlier this month.
Presenting the rezoning request to the Commissioners first, Area Plan Director Dan Richard said petitioner Jeff Strombeck wanted to take the property from agricultural to commercial. It is just off Ind. 13, just south of the town of North Webster. The tract of ground in question is about 25 acres and is across from Lassus Handy Dandy and Owen Family Funeral Home. He said the Plan Commission voted unanimously to allow the rezoning.
NIPSCO is going to put a substation at the southeast corner of the property.
Snyder, whose clients purchased the property from Strombeck, said, “This is a heavily commercial area at the intersection of 500 and State Road 13. My clients ... are looking at developing the entire parcel. Obviously, the frontage along Armstrong Road lends itself best to retail. We don’t know what at this stage, but it will be retail of some kind.”
The entrance into the subdivision will be directly across from North Cranbrook Road so there’s an intersection there “far enough away from State Road 13 and the complicated entrance into Lassus that we don’t create any additional problems. Whether there’s an entrance onto State Road 13 on the north parcel is wholly dependent on INDOT, their requirements and what their costs would be,” Snyder said.
He said they think it’s a “perfect match” for the area.
Commissioner Brad Jackson made a motion to accept the recommendation from Area Plan to rezone the property, Groninger seconded it and it was approved 3-0.
Richard then presented the request by Colin and Brooke Ridenour to vacate a utility easement within Triplegate subdivision. The small section of the easement is on lot 7 of the subdivision.
“In order to accommodate the proposed development of the Ridenours, who are the petitioners, they need to have that utility easement removed. They are willing to take the steps with NIPSCO, who has utility in that location now, to have it relocated and turned around and accessed from another way in order to accommodate those who have gas service and who will need it in the future out there. So they have worked with NIPSCO to secure their agreement, and also with the two adjacent owners that are on either side of that proposal to allow them to still keep their utility service in through there,” Richard said.
He said the Area Plan Commission recommended to allow that utility easement vacation.
Snyder, representing the Ridenours, said they want to build a residence on lot 7, which is currently vacant. They want to get as close to the lake as possible with a walk-out basement. The problem is, when the plat was put together, “there are more utility easements in this plat than I’ve ever seen,” Snyder said.
This particular one for a gas line only serves lot 5, he said. Lot 6 does not have any gas service and the house on lot 6 obtains all of its utilities directly from Lakeview Trail, Snyder said.
“My client, at their expense, is relocating that gas line to the satisfaction of the owner of lot 5, so that solves that problem,” he said.
Snyder presented the Commissioners with letters from neighbors stating they had no problem with the utility easement vacation.
There were no remonstrators present. Groninger said he didn’t see any reason to deny it, adjacent lot owners support it and NIPSCO agreed to it. He moved to vacate the easement and his motion was approved 3-0.
In other business, the Commissioners approved:
• Purchasing five patrol vehicles for the Kosciusko County Sheriff’s Office from the 2022 budget. Three are from Rice Ford for $35,440 each and two are from Kerlin for $35,474 each.
• For the KCSO to apply for a $322,500 Byrne Justice Assistance Grant (JAG) to help purchase mobile and portable radios for the new county radio system. It is a federal reimbursement grant, according to Shane Bucher, KCSO.
• For the KCSO to apply for a $3,000 Operation Belt Up grant, a $30,000 Program Click It to Live It grant and a $22,500 DUI Task Force Operating While Intoxicated grant for 2022.
• The engagement letter with county attorney Ed Ormsby for 2022, which was presented by Groninger at the County Council meeting Oct. 14. The amount of the contract is $60,320 for legal fees for 2022.
“The main difference is that some of the offices will have their own budget for some of their legal fees, but that’s what we agreed to,” Groninger said. Ormsby’s rate is $200 per hour.
• Interlocal agreements from all the outlying police departments in the county. County Administrator Marsha McSherry said the agreement allows the police departments to access the terminal services data. The agreements help the county pay for the maintenance plan for the software.
• The 2022 nonprofit agreements. The amount on the agreements is what the Commissioners recommended to the County Council and the Council approved at their budget meeting, according to County Auditor Michelle Puckett.
• The 2022 interlocal agreements between the county and the Kosciusko County Convention and Recreation Visitors Commission and between the county and the Solid Waste District. The agreements allow the auditor to act as the comptroller for both entities.
• Highway Superintendent Steve Moriarty’s request that the Commissioners president provide the signature for the parcel approval for the right-of-way acquisition for the CR 1300N tracks project.
• Moriarty’s request for a signature and approval for an unofficial detour route. The Indiana Department of Transportation is going to replace two small structures on Ind. 14, one being in the town of Silver Lake and the other being just west of CR 100E.
The unofficial detour would be Peru Road, south to 1200S, and then Packerton Road to 1200S.
Both of the petitions he represented – one for a rezoning and one for a vacation – were approved by the Commissioners with no remonstrators. Both also had been recommended for approval by the Area Plan Commission earlier this month.
Presenting the rezoning request to the Commissioners first, Area Plan Director Dan Richard said petitioner Jeff Strombeck wanted to take the property from agricultural to commercial. It is just off Ind. 13, just south of the town of North Webster. The tract of ground in question is about 25 acres and is across from Lassus Handy Dandy and Owen Family Funeral Home. He said the Plan Commission voted unanimously to allow the rezoning.
NIPSCO is going to put a substation at the southeast corner of the property.
Snyder, whose clients purchased the property from Strombeck, said, “This is a heavily commercial area at the intersection of 500 and State Road 13. My clients ... are looking at developing the entire parcel. Obviously, the frontage along Armstrong Road lends itself best to retail. We don’t know what at this stage, but it will be retail of some kind.”
The entrance into the subdivision will be directly across from North Cranbrook Road so there’s an intersection there “far enough away from State Road 13 and the complicated entrance into Lassus that we don’t create any additional problems. Whether there’s an entrance onto State Road 13 on the north parcel is wholly dependent on INDOT, their requirements and what their costs would be,” Snyder said.
He said they think it’s a “perfect match” for the area.
Commissioner Brad Jackson made a motion to accept the recommendation from Area Plan to rezone the property, Groninger seconded it and it was approved 3-0.
Richard then presented the request by Colin and Brooke Ridenour to vacate a utility easement within Triplegate subdivision. The small section of the easement is on lot 7 of the subdivision.
“In order to accommodate the proposed development of the Ridenours, who are the petitioners, they need to have that utility easement removed. They are willing to take the steps with NIPSCO, who has utility in that location now, to have it relocated and turned around and accessed from another way in order to accommodate those who have gas service and who will need it in the future out there. So they have worked with NIPSCO to secure their agreement, and also with the two adjacent owners that are on either side of that proposal to allow them to still keep their utility service in through there,” Richard said.
He said the Area Plan Commission recommended to allow that utility easement vacation.
Snyder, representing the Ridenours, said they want to build a residence on lot 7, which is currently vacant. They want to get as close to the lake as possible with a walk-out basement. The problem is, when the plat was put together, “there are more utility easements in this plat than I’ve ever seen,” Snyder said.
This particular one for a gas line only serves lot 5, he said. Lot 6 does not have any gas service and the house on lot 6 obtains all of its utilities directly from Lakeview Trail, Snyder said.
“My client, at their expense, is relocating that gas line to the satisfaction of the owner of lot 5, so that solves that problem,” he said.
Snyder presented the Commissioners with letters from neighbors stating they had no problem with the utility easement vacation.
There were no remonstrators present. Groninger said he didn’t see any reason to deny it, adjacent lot owners support it and NIPSCO agreed to it. He moved to vacate the easement and his motion was approved 3-0.
In other business, the Commissioners approved:
• Purchasing five patrol vehicles for the Kosciusko County Sheriff’s Office from the 2022 budget. Three are from Rice Ford for $35,440 each and two are from Kerlin for $35,474 each.
• For the KCSO to apply for a $322,500 Byrne Justice Assistance Grant (JAG) to help purchase mobile and portable radios for the new county radio system. It is a federal reimbursement grant, according to Shane Bucher, KCSO.
• For the KCSO to apply for a $3,000 Operation Belt Up grant, a $30,000 Program Click It to Live It grant and a $22,500 DUI Task Force Operating While Intoxicated grant for 2022.
• The engagement letter with county attorney Ed Ormsby for 2022, which was presented by Groninger at the County Council meeting Oct. 14. The amount of the contract is $60,320 for legal fees for 2022.
“The main difference is that some of the offices will have their own budget for some of their legal fees, but that’s what we agreed to,” Groninger said. Ormsby’s rate is $200 per hour.
• Interlocal agreements from all the outlying police departments in the county. County Administrator Marsha McSherry said the agreement allows the police departments to access the terminal services data. The agreements help the county pay for the maintenance plan for the software.
• The 2022 nonprofit agreements. The amount on the agreements is what the Commissioners recommended to the County Council and the Council approved at their budget meeting, according to County Auditor Michelle Puckett.
• The 2022 interlocal agreements between the county and the Kosciusko County Convention and Recreation Visitors Commission and between the county and the Solid Waste District. The agreements allow the auditor to act as the comptroller for both entities.
• Highway Superintendent Steve Moriarty’s request that the Commissioners president provide the signature for the parcel approval for the right-of-way acquisition for the CR 1300N tracks project.
• Moriarty’s request for a signature and approval for an unofficial detour route. The Indiana Department of Transportation is going to replace two small structures on Ind. 14, one being in the town of Silver Lake and the other being just west of CR 100E.
The unofficial detour would be Peru Road, south to 1200S, and then Packerton Road to 1200S.
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