Remonstrators struggle with knowing when to make their case

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The Kokomo and Howard County Plan Commissions have seen an uptick in remonstration over the past few years. Rapid growth will do that. Change brings out opposition quickly in those who feel they will be affected without having a say in it.

That’s the environment that has developed as the StarPlus Energy investment continues to reshape the community. But it’s not just that large investment that has people heading to meetings to be heard. Smaller projects, such as new public housing on the west side of Kokomo or the arrival of the much-loved Chick-fil-A in a heavily congested area, also have seen strong opposition.

But there is a time and place for remonstration and a context that is often misunderstood. Not every meeting provides the public with a real opportunity to demand change or stop a project. That confusion happens all too often, and frustration quickly grows. According to plan commission director Greg Sheline, it’s a matter of knowing how the process works.

“A lot of questions that remonstrators have are legitimate,” said Sheline. “That's why you have meetings so people can come to them and let their thoughts be known. Hopefully somebody will give them an answer. In some cases, it's not the answer they want to hear, but it's an answer.

“People think that if they can stop a plan at rezoning, then it won't go anywhere. But when you're rezoning a property, you shouldn't be talking about site plan issues. It comes up at every one of these.”

So, how does the process work? In an ideal situation for the developer, the site is already zoned properly for the project they want. There are no issues when the plan commission’s plat committee meets to review the details of the project, and the project received site plan approval from the plan commission. The project is on its way.

However, Sheline explained that scenario rarely occurs.

“There could be just one hearing, but that doesn't happen very often,” said Sheline. “In most cases, you very rarely find a lot that is zoned exactly right and subdivided. Usually, one of those two things have to happen."

Using the Chick-fil-A project as an example, the company needed to go before the city’s Board of Zoning Appeals to request variances to the size of the restaurant’s signage, the frontage along Ind. 931, and an allowance for a detached canopy over the drive-thru lanes.

That meeting didn’t garner much attention from the community, and most projects that go through the plan commission similarly don’t generate much opposition.

“Sometimes the changes are small,” said Sheline. “Maybe we're asking for a 10-foot front yard setback, and they can only get five feet. It's not a big deal because we're in this big parking lot. But they still have to get the variance. Some people might think it's ticky-tacky, but it’s still part of the ordinance.”

When Chick-fil-A took its next step and went before the plan commission for plat approval, things got dicey. Remonstrators showed up in force, opposing the location chosen and the intent of the city to open Imperial Drive to access the plaza that will host the restaurant.

People argued that traffic would negatively impact their neighborhood. They claimed their property values would be hurt. There were several arguments made, and they sounded very similar to ones made against other developments, from commercial to industrial to residential.

And the remonstrators heard a disheartening and frustrating reply from the board: “This isn’t the right meeting for those concerns.”

“When it comes to rezonings and plats, all the board does is make a recommendation to the city council,” said Sheline. “They're not saying it is approved. The city council actually approves it. That's why they're elected; to make those final decisions.”

In the case of plat approval, the only things being considered by the board is whether a parcel of land has been divided properly into individual lots and has provided specific details about boundaries, dimensions, and the general layout of the lot. It’s not a time for the arguments heard from remonstrators, as the plan commission discovered in January.

Relenting to pressure from the remonstrators, the board voted down Chick-fil-A’s plat. In doing so, they inadvertently violated the law. If a development meets all the criteria set forth by the city’s planning ordinances, the plat must be approved. If it is turned down, the board must provide a written justification for the denial.

Once the board was informed of its misstep, it vacated its decision and re-heard the case, again with remonstrators voicing disapproval. The confusion persisted, and the frustration grew.

In March, the Chick-fil-A project finally got to the meeting where remonstrators could have the largest impact: site plan approval. And they made another run at stopping the development. Though contentious, Sheline actually welcomes such discourse at the site plan meetings.

“People tend to think that remonstrator is a bad word, but it's not,” said Sheline. “It’s why we have public meetings. Is it easier for me if nobody comes to those meetings? Absolutely. But everybody has a right to come to a public meeting and show their pleasure or displeasure with a development.”

The site plan is the best time for remonstrators to be heard by the plan commission, but it’s not the last chance people have to alter the outcome. The final step in the city council. Even there, confusion can enter the conversation, as rezonings also go before the council.

A remonstrator won’t get much satisfaction from a rezoning hearing, but the site plan is where voices can have impact. Still, a development put together by competent professionals is highly likely to be approved. People and businesses have a right to use their property as they see fit as long as it doesn’t legitimately harm other property owners.

Proving harm is a tall order. Sheline has rarely seen a case where surrounding property values have been negatively impacted, despite the claim being made at nearly every remonstration. Drainage concerns. Light pollution. Traffic. Noise. There is a familiar pattern to the arguments. But they all mask what Sheline believes sits at the root of the opposition: change.

“I'll probably get in trouble for saying this, but I'll say it anyway,” said Sheline. “The same people who have complained for years that we don't bring new jobs are complaining now because things have changed so much.

“If you bring new jobs in, especially a high number, things are going to change. There's no way it can't change. And if you don't grow, you're going to die. There's a lot of change going on, and some people just don't like change, whether it's a good change or not.”

Still, Sheline invites the public to remain involved in what its government does. Access to the halls of power and influence, even at the local level, is something he staunchly defends, even if it makes more work for him and his limited staff.

“That's why we have public hearings; I'm all for that,” said Sheline. “I'm all for being transparent. But if you're going to come and remonstrate, know when is the right time, and have a legitimate reason. Don't just come and say, ‘I don't want it there.’”

The Kokomo Board of Zoning Appeals meets on the first Tuesday of each month in city hall at 5 p.m. The Kokomo Plan Commission meets on the second Tuesday of each month in city hall at 5 p.m.

The Howard County Board of Zoning Appeals meets on the third Tuesday of each month in the Howard County Government Center, 220 N. Main St., at 5:30 p.m. The Howard County Plan Commission meets on the fourth Tuesday of each month in the Howard County Government Center at 5:30 p.m.

Agendas for all these meetings are posted online on the City of Kokomo and Howard County websites, respectively.