Development Opposed But Passes Anyway

More than 75 remonstrators against two rezonings were not pleased with two decisions made Tuesday by the Kosciusko County Commissioners.

Some remonstrators even promised to remember those decisions come next election.

Both cases involved rezoning property from agricultural to residential districts.

The first petition was made by Robert Barth Jr. to rezone 69 acres on the north side of Eight Square Road and east of CR 250E in Plain Township.

Commissioner Eddie Creighton moved to approve the petition and Commissioner Avis Gunter seconded. Commissioner Brad Jackson was not in favor of the petition. The petition passed 2-1.

The Kosciusko County Area Plan Commission recommended approval of the petition at their March 3 meeting by a vote of 5-2. They had originally wanted to send it to the commissioners without a recommendation, but revoted when area plan director Dan Richard said the commissioners would send it back to them if they did not have a clear majority one way or the other.

A subdivision is proposed to be built on the 69 acres near Chapman Lake. The first phase of the proposed project would include 11 lots. By the end of the second phase, there would be a total of 98 lots. No lot would be less than 20,000 square feet and roads would be asphalt with concrete curbs. The homes are intended to cost approximately $125,000.

John Kimpel, land surveyor with PES Associates, represented Barth. He told the commissioners: "This area is conforming to a residential area in regard it has residential areas to the east, north and south."

He also said the property has natural low ground areas that allow for good stormwater retention.

Charlie Wappes, past president of the Lake Forest Addition property owners association, represented the remonstrators. He presented the commissioners with a petition of 350 signatures against the rezoning. The petition also explained why the property owners oppose the rezoning.

Wappes said the Hoosier Farmland Preservation Task Force recommended development along sewer systems already in place. He said many septic systems are behind in the county and should be improved before any new development is built.

"There are going to be individual septic systems and we are opposed to that," Wappes said.

He also said, "(The St. Joseph River Basin Committee) reports that nearly 15,000 septic systems are installed in Indiana every year."

He said Chapman Lake is a spring-fed lake of groundwater.

"We are concerned with the condition of the lake," he said.

He said they would prefer to wait until sewer systems are in place before development happens further, if at all.

He also cited such concerns as the way the property will be used, stormwater run-off, the capacity of the local schools, the lots available in the county without building new subdivisions and available housing that will be left unoccupied.

"We just don't think there's a need for additional lots in that area of the county," he said.

Remonstrator Richard Hicks said he was concerned with the traffic in the area, especially if there's an increase in housing.

Barth rebutted by telling the commissioners any concerns about drainage, traffic or other issues will be dealt with through the appropriate channels. He said the commissioners' only question was whether this property was suitable for development.

In his comments to the crowd, Creighton said, "It's certainly not an easy decision, especially with this much opposition."

He also said the community is growing and the Chapman Lake area "will probably be an area that will get some growth."

Creighton was interrupted by the crowd when he said that sewer and septic problems would have been addressed if the county had passed the Economic Development Income Tax.

In the second petition before the commissioners, Indiana Housing & Development LLP petitioned to rezone property on the south side of CR 400N and east of Chapman Lake Drive in Plain Township.

APC voted 7 to 0 not to recommend the petition to the commissioners.

Creighton motioned to decline the petition. There were no seconds and the motion died. Gunter and Creighton voted to send it back to the APC for further study. APC will hear the petition again April 7 at 1 p.m.

Ann Miller represented the group of remonstrators at the meeting.

The remonstrators opposed the petition, she said, for several reasons, including: the area is currently farmland; rezoning sets a precedent that is hard to stop; who would pay for emergency medical services needed with new growth; drainage problems; Deeds Creek run-off; liability due to overcrowding conditions; traffic problems for Chapman Lake Drive; overcrowding in the school district; current property owners' rights; too many lots in area; and anonymity.

Gunter said she wanted to send it back to the APC because, "It's a matter of the same criteria applying to both (the Barth petition and this one)."

Jackson said, "My reasoning is the same as Avis's. I see inconsistencies."

A remonstrator asked the commissioners how they could appeal the decision. They were told an appeal would have to be taken to the courts.