By VICKI URBANIK

Would a rezoning to agriculture pave the way for a developer to skirt the normal rules, or would an A-1 zoning be preferable because it would result in fewer, but larger lots in what is now a rural community?

The Porter County Plan Commission grappled with that question on Wednesday in a somewhat unusual case of down-zoning in Washington Township.

Timothy and Helen Chupp of Washington Township are seeking to rezone 80 acres at the northeast corner of C.R. 500N and 400E from its current Rural-Residential zoning to General Agriculture, A-1. Timothy Chupp, who has developed in the area and who lives across the road, made it clear that he intends to develop the land into estate lots.

Under A-1 zoning, the county’s rules allow one house for every 10 acres, which in this case would mean eight houses total. Chupp would not have to follow the county’s subdivision ordinance, which includes a variety of requirements on roads, drainage, open space and other items.

But if he sought to develop the land with the current RR zoning, he could get a much denser development -- one house per acre. But he would also have to follow the subdivision control ordinance, and therefore would have to submit a drainage plan, set aside dedicated open space, possibly build a road through the development, and follow other rules.

Chupp said he feels the A-1 zoning is the best way to protect this piece of property, citing the growing residential development in the area.

But some plan commission members weren’t quite sure.

Planner Herb Read said the A-1 zoning was intended to help farmers who want to keep farming while carving out some of their agricultural land for a house. He said he thinks Chupp’s request is a way to avoid the subdivision control ordinance and said that’s not fair to other developers who have followed all the rules.

Planner Todd Hutson agreed. “Essentially, it’s a subdivision,” he said. He noted that Chupp could still develop the eight lots and keep the current zoning intact. The only reason not to do so is to save money, he said.

Chupp acknowledged that if he developed with the current zoning, he would incur additional costs that would require him to re-evaluate the number of lots proposed.

Speaking from the audience, Liberty Township resident Alan Hewitt spoke in support of rezoning land to agriculture, especially in a growing rural community. He noted he, too, rezoned his own property to A-1.

Also speaking was Tim Chesna, a developer who owns the nearby Turtle Run subdivision. He told the plan commission that with the A-1 zoning, the county would give up control over the development. He also raised drainage concerns: His Turtle Run subdivision now gets all the water runoff from Chupp’s property, he said, so if more housing is allowed without the benefit of county oversight for the drainage, his subdivision could suffer.

A few plan commission members, on the other hand, very much liked the idea of 10-acre lots. Planners Tim Cole and Elizabeth Marshall said Chupp clearly has the interests of his neighborhood. Marshall also said Chupp could end up making a much bigger profit by selling many one-acre lots, instead of eight 10-acre lots.

Marshall also said she doubts the rezoning will open the floodgates for similar requests. Planner Kevin Breitzke, county surveyor, agreed, noting that many large landowners who aren’t farming are speculators that want the highest density possible.

Both Robert Detert and Rick Burns said they like the idea of the 10-acre lots, but they don’t want the county to give up control, especially over the drainage.

In the end, the plan commission compromised. By a 6-2 vote, they recommended in favor of the A-1 zoning, but with the stipulation that Chupp submit drainage plans. Read and Hutson voted no. Voting yes were Cole, Marshall, Breitzke, Detert, Burns and Robert Harper.

The recommendation will be heard by the county commissioners at their June 3 meeting.

Posted 5/16/2008