Rezone for 22 sub lot division gets unfavorable recommendation

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Located off of U.S. 52 and 150 W, the proposed subdivision would be on 51.48 acres and would have 22 lots for 21 homes and a recreational lot.

HANCOCK COUNTY — A rezone petition of 51.48 acres from agricultural to rural residential went before the Hancock County Plan Commission last Tuesday night; however many residents that filled the meeting room were against it.

East Development LLC asked for the approval of the rezone in hopes to build a 22-lot home subdivision, located off of U.S. 52 and 150 W in Brandywine Township, or just west of New Palestine.

Hancock County planning director Kayla Brooks opened the meeting with a presentation of the rezoning petition, sharing that the switch from agricultural to rural residential is not in the comprehensive plan they had set for this area. The comprehensive plan states that the area be preserved as agricultural land and uses permitted in the agricultural zoning district.

“This is pre-seen to be very low density residential if any residential,” Brooks said. “It should be ag-serving so it needs to be farmhouses… farm worker housing, detached single family homes at densities equal to or greater than one unit per 20 acres.”

Brooks also mentioned that in this proposed area, there is currently not a lot of utility availability and it is located just outside of where the comprehensive plan shows the development that can be served by a sanitary sewer.

Ultimately, due to the rezone request not following the comprehensive plan, Brooks’ staff recommendation was unfavorable to the plan commission.

Brian House, who represented and spoke on the behalf of East Development LLC, told the plan commission the subdivision would house the owners and their families who want to reside in the countryside of the county. The subdivision would have a total of 21 single-family homes and one lot for recreational, which would remain wooded.

“This is not some out-of-county builder who is going to throw something up and move along. These people are going to live there,” House said.

House said the area where the subdivision is proposed has been residential for a number of years — having homes to the east, northeast and a funeral home across the street. He also mentioned that nothing would currently happen with 17.13 acres of the land.

“I think this is in keeping with current land uses,” House said. “Yes, it’s on agricultural, but again, the one slide shows approximately 1,300 feet to the west; this has been cross-hatched for future residential development.”

In response to Brooks’ unfavorable recommendation to the plan commission, House also said the comprehensive plan is policy recommendations, not zoning regulations that have the force of law.

House also mentioned that the subdivision would bring a property value increase to the area. House said the projected cost for the lot and home for each of the lots is approximately $700,000.

Five members of the community — some living in the area where the subdivision is proposed — spoke in disapproval and asked the board to vote no for the rezoning.

Eric Owens explained that he and his wife moved away from Indianapolis to escape the city feeling and fell in love with their house now.

“Out here, people take pride in that, where they live on farms and the agricultural community. That’s why my wife and I fell in love and moved into the area,” Owens said.

Owens said his biggest concern would be the drainage issues that would arise if the subdivision would be approved, with water standing in his property and throughout the woods. He said Sugar Creek that is located nearby would not be enough for water drainage.

Micheal Rosebrock also lives in the area and mentioned a concern for drainage issues. He stated that the woods do flood and he has seen water run across the road along CR 600 W. He originally moved to the area seven years ago for the quietness of the area and currently enjoys the neighbors he has, but said he doesn’t want any more.

“It’s good farm ground now. There’s no reason to put up more houses,” Rosebrock said.

Micheal Anderson was the final person to speak and has been in the area since 2010. He mentioned that he believed the house he owns now would be the one he lived in for the rest of his life, but if the rezone gets approved he may have to reconsider.

Anderson also mentioned that the woods help provide privacy, but if the subdivision is added, then there would be people walking through them, taking away privacy.

“I don’t have a bunch of legal speak to throw at you, but I did hear the employer here talk about life-changing events and dreams. Well, my dream is possibly getting stripped away here and certainly is life changing for everyone who lives on 150 W,” Anderson said.

After hearing members of the community speak on why they oppose the idea, House spoke on the issue of drainage, saying that if there are any problems with drainage then they would be solved. If the problems can’t be solved, the project wouldn’t happen.

Steve Sanford, the listing agent for the property, spoke with House on the issue, stating that he believed that the drainage within the property could be put directly into Sugar Creek and doesn’t see it being a future issue.

House said he understands the reasoning why many of the people moved out into the countryside; however he believes this is a part of living in the country.

“… When we buy and build your dream home next to a corn field, what you did is bought into a chunk of the unknown,” House said.

After hearing from the community and House’s rebuttal of the subdivision, the plan commission passed a unanimous unfavorable recommendation to the county commissioners for the rezoning of the 51.48 acres.

Once the unfavorable recommendation was passed, more than half the people in the room cleared out, with one person saying “alright, let’s go eat.”