Published: July 25, 2008 03:02 pm            

Proposed airspace overlay has homeowners concerned

By Wade Coggeshall



DANVILLE — Progress and pastoral existence collide again.

This time it’s a proposed airspace overlay district, part of Hendricks County’s new zoning ordinance. Two areas would be affected by the overlay, the main one being in the southwest portion of the county from Indianapolis International Airport to Plainfield. Another arm stretches northwest from Plainfield to Avon.

The Indianapolis Airport Authority requested the county establish an airspace overlay there similar to what’s already in place in Plainfield and Marion County. The overlay adds restrictions to the existing zoning, including height limits on new buildings, and certain excluded uses.

That isn’t sitting well with affected homeowners. Several of them attended a recent meeting of the Hendricks County Commissioners to voice their disapproval. Attorney Paul Hardin was there representing the Ross brothers — Raymond, Leo, and Richard — who own several hundred acres off of County Road 825 East near the Hendricks/Morgan county line. Hardin requested the commissioners exclude the Ross brothers’ property from the overlay.

“Each time they’ve attained a person with enough interest to buy the property, (the prospective buyers have) contacted the airport and local zoning board for input on the permitted uses on that property, and get negative responses,” he said. “They believe the airspace overlay will have a substantial negative impact on the value of their property. I share that feeling.”

Hardin and others present also were upset that affected landowners weren’t notified about the overlay. Commission President David Whicker replied that the county followed the law in advertising the process for the new zoning ordinance, which included forming a steering committee and conducting workshops and public meetings.

“This whole process has been going on for at least a year,” Whicker said. “It’s not like this has been a secret process. The process has worked like it’s supposed to. You have some responsibility to find out what’s going on.”

Hardin acknowledged that, but added, “This substantial a change in the zoning of their property should’ve required personal notification.”

Don Reitz, director of the Planning and Building Department, said given the fact the new zoning ordinance entails all of Hendricks County, personal communication on every change isn’t logistically feasible. He also noted that existing zoning isn’t changing anywhere. This only affects those who want to rezone.

“If you want to rezone it to something, you have the absolute right to go to the plan commission and attempt to rezone it,” Reitz said. “Whether you can make that argument or not, that’s up to you and the plan commission.”

The new excluded uses include operations like churches and hospitals. Everything like that already in the area will be grandfathered in. The restrictions are related to noise levels and potential problems with planes taking off and landing.

“Unless you’re doing an amusement park, the airspace overlay probably isn’t going to have a whole lot of effect on what you propose to do with your property,” Reitz said.

That still isn’t assuaging everyone. Billy Bailey owns three acres in the overlay district while his neighbor has more than 200. He says their property values were already dropping because of their proximity to the airport.

“They keep eliminating what we can do with our properties,” he said. “They’re controlling us right down to the last straw. I feel sorry for the guy who has 268 acres and is trying to get the most money he can out of it.”

Commissioner Phyllis Palmer seemed to agree. She voted against Whicker’s motion to deny any request to be excluded from the overlay. Palmer lamented the 5,000 to 7,000 acres there that the airport has already bought and taken off the tax rolls, and the inconvenience of property owners there having to soundproof their homes.

“I struggle with the airport overlay, and am not ready to accept it as presented here,” she said.

While the commissioners kept this overlay, the new zoning ordinance isn’t law yet. They sent the draft back to the plan commission following a 2-1 vote with some amendments. One is having only that portion of a parcel within a boundary being subjected to specific standards rather than the whole parcel. Another involves developments of less than two acres not having to provide specified amenities such as patio seating or water elements. Palmer again voted no after her motion to include an amendment that eliminated the airspace overlay wasn’t seconded. Commissioner Eric Wathen voted yes both times.

If the plan commission approves the changes, the zoning ordinance becomes law. If they reject them, it goes back to commissioners for a final vote.

Homeowners like Bailey say the damage is already being done. Just hearing about this proposed overlay, he says, is enough to scare away potential developers.

“Anything the airport wants to do in that area is not in the interests of the people who live there,” Bailey said. “They’re not for us; they really want us out of there.”

Susan Sullivan, a spokesperson for the airport, offered no formal comment on the overlay, saying she wanted to defer to officials from the Airport Authority, who were not yet available for comment.

The plan commission next meets at 6:30 p.m. Aug. 12 at the Hendricks County Government Center, 355 S. Washington St., Danville.



wade.coggeshall@flyergroup.com

        

• Click to discuss this story with other readers on our forums.