Both zoning petitions before the Kosciusko County Area Plan Commission Wednesday were denied by majority votes.
A petition for a preliminary plat approval, meanwhile, was unanimously approved.
Rebecca Kelly's petition to rezone ground from an agricultural district to a residential district was continued from the plan commission's May meeting when there was no majority vote on it. The property is on the north side of CR 1050N and one-fourth mile east of Turkey Creek Road in Turkey Creek Township. The petition to rezone is for only the northern 10 acres of ground of the approximate 80 acres Kelly owns.
A representative for Kelly said the property is not going to be used for agriculture and Kelly wants to place a small subdivision on the property. The houses will be valued at approximately $150,000 to $250,000 and the subdivision will have curbs and gutters with interior roads.
Two letters of remonstrance are on file against the petition, including one from the Wawasee Property Owners' Association.
In addition, remonstrator Carl Schmucker said he is against the subdivision because it's out in the middle of the country and will put extra hindrances on the police and fire departments because of its location.
"Putting concentrated housing out there doesn't make a lot of sense," he said.
As for the possibility that the area will be developed in the next 10 years anyway, he said, he doesn't think that will happen. Cromwell is developing north to Ligonier.
"I'm against seeing 15 homes in my front area," he said.
Wawasee Area Conservancy Foundation Chairman Tom Yoder said the conservancy is also opposed to the rezoning and subdivision. While the organization is not opposed to development, Yoder said, their concern is from an "ecological point of view" as the property is part of the area's watershed.
"Bottom line - Wawasee Area Conservancy Foundation urges the board to leave the land in agriculture," Yoder said, to protect the watershed and prevent urban sprawl.
Plan commissioner Charlie Haffner said the plan commission asked for the input from the WPOA and WACF and both are telling them to deny it. He said they should leave the property agriculture.
"It's not out in the middle of farmground," said plan commissioner Kelly Easterday. "Let's not make that a huge issue."
Haffner said the nearby creek was one of the last major waterways into Lake Wawasee and it needs some kind of protection.
From one angle, said plan commissioner Kevin McSherry, it looks like the property is heading toward residential use. However, from another angle, he said, it looks like the conservancy wants to have the property to protect the watershed. "It's a catch-22," he said.
Plan commissioner Don Ahrms made a motion to deny the rezoning and Haffner seconded the motion. It was denied by a vote of 7 to 1, with Hal Strong opposed.
The plan commission is only a recommending body to the Kosciusko County Commissioners. The commissioners will hear the petition June 18 at approximately 10 a.m. and they have the final approval or denial of the petition.
Mark and Paula Marley's petition to rezone approximately 18.5 acres of ground from agricultural to an agricultural II district was also denied. The property is on the north side of CR 125N in Etna Township.
Their rezoning petition also will be heard by the commissioners June 18 at approximately 10 a.m.
Carey Realty Co.'s petition for a preliminary plat for a commercial subdivision on 17.628 acres was unanimously approved. The property is on the east side of Ind. 15, approximately one mile north of Levi Lee Road and three-fourths mile south of CR 600N in Plain Township.
Petitioner Dave Carey said he doesn't know what businesses are going to go in there yet. The property has good drainage and the state has approved their one road cut onto Ind. 15.
There were no remonstrators to the petition. Carey agreed with the plan commission's request that all the businesses' fronts be facing Ind. 15.