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Kosciusko County Area Plan Commissioners heard three rezoning petitions Wednesday, continued a replat request and favorably recommended an amendment to the erosion control ordinance.
A Syracuse-generated comprehensive plan was continued.
The planners approved a request by Jody Perdomo (Case No. 06003Z) to rezone 20.26 acres from an environmental district to an agricultural district. The property is on the east side of Ind. 13 and north of CR 200N in Tippecanoe Township.
The land was designated environmental in the early 1970s when the county adopted its zoning policy. A part of this property was a certified forest from the 1940s until 1976.
Perdomo indicated she wants to build a single-family home, which is not allowed in an environmental zone. It is allowed on ground zoned agricultural.
Michael and Susan Montgomery's petition (Case No. 06004Z) to rezone ground from an agricultural to a residential district was forwarded to the Board of Zoning Appeals to request an additional sell-off.
Michael Montgomery said he wanted to allow his son to build a house on the 20 acres of ground. The property is on the east side of Stoneburner Road and north of CR 300N in Plain Township.
The plan commissioners were reluctant to open the property to subdivision by allowing the residential zone.
Montgomery wasn't happy about further delay. He said just his son's home would be built.
"I bought the property in good faith. When I came to your office, you never told me about this option," he said about going to the BZA for a variance. "Now someone else wants to run it. I don't want to jump through hoops."
A petition by Brandon Creighton (Case No. 06005SD) for preliminary plat approval to replat outlot A at The Meadows subdivision was continued.
The 2-acre tract of ground is on the east side of Ferguson Road, north of CR 200S, in Wayne Township. The property is owned by Creighton Brothers Farms.
Several Meadows property owners addressed the board in remonstrance of the replat, saying they never expected this ground to be developed. They purchased their property thinking "the meadow" would always be on view.
Plan commission Director Dan Richard said a search of the subdivision covenants allows for development of the property regardless of what people were told when they bought lots.
Glen Wight, Kevin Bjerke and Mike Gross also indicated the retention pond on the outlot is often full to the brim and additional buildings would put too much strain on the holding pond. They said some of the current houses flood now.
Plan commission member Don Ahrns wanted to deny the petition because of possible flooding, which never became a motion.
Creighton's representative, attorney Steve Snyder, said all the requirements were met for a replat of the property and there was no reason to delay.
The petition is continued until drainage issues can be settled.
The board reviewed and favorably recommended an amendment to the erosion control ordinance, which holds developers, contractors and property owners responsible for all non-stabilized soil during and after a construction project.
The new ordinance outlines enforcement actions available to the Area Plan Commission for non-compliance, penalties and fines.
The ordinance will be reviewed by the county commissioners May 16 at 9:30 a.m.
The board also:
• Heard from Syracuse Town Manager Jeff Noffsinger regarding the town's comprehensive plan.
The plan, which would become part of the county's code, was continued until next month.
• Denied a request by Don Heavner (Case No. 06001Z) to rezone property on the north and south sides of Levi Lee Road, east of Ind. 15, from agricultural to a commercial district.
The petition has been continued twice and still lacks completed documents.
APC members are Vic Virgil, Don Ahrns, Avis Gunter, Norm Lovell, Charles Haffner, Kevin McSherry, Larry Coplen, Dick Kemper and Charlene Knispel.
