The Seymour Plan Commission reviewed a number of petitions last Thursday regarding two rezones and a primary plat approval that could bring development to the city.  

The plan commission moved two petitions with favorable recommendations and one with no recommendation, that came after a tie vote.  

Medaris Properties LLC is requesting property at 304 Highlawn Ave. to be rezoned from R-1 (single-family residential) to R-3 (multi-family district) to for the construction of multi-family duplexes.  

Petitioner Kyle Medaris said he first bought the property because it was close to another one of his properties on Bush Street and he noticed there were major problems with the home.  

“The city actually reported it to be a nuisance and we had people living in the garage before I bought the property,” he said. “It took two dumpsters to clean the property and the goal is to tear down the house and garage to put multi-family dwellings there.”  

Medaris proposed four two-bedroom duplexes, or eight units, on the lot with off-street parking that would be accessible from a back alley. He said the project would also improve the neighborhood and be good for the city.  

When Commission President Jerri Wells asked if anyone would like to speak in favor or against the petition, Dexter Steele, who lives right next to the property, expressed disapproval for apartments in residential areas.  

“I look out my backdoor I see apartments and I look out my front door I see apartments,” he said. “Residential apartments do not belong in residential areas because it just keeps our taxes going sky high.”  

Teresa Wilson said one of her biggest concerns was the parking as that street is already overcrowded and narrow.  

“All of my properties have off-street parking,” Medaris said. “I understand the concern and I want to respect that as my goal is to improve the neighborhood and not take away. I think the off-street parking will be a benefit and not change too much.”  

Before a vote was taken, commission member Dan Robison shared his concerns.  

“I’ve driven through there multiple times in preparation for this meeting and its very dense through there with the parking,” he said. “We need housing and I appreciate your efforts to do that, but at this location increasing the density concerns me.”  

Medaris’ request was given no recommendation on 5-5 vote with Darren Richey absent.  

Rose Acres Inc. originally requested to rezone two parcels in the 5000 block of U.S. 31 from R-S (single-family residential) to I-2 (heavy industrial) to construct a truck wash and maintenance shop and other infrastructure to support their egg operations.  

A slight amendment of the petition, however, was granted by request of Rose Acres and a voice vote was approved 9-0 with Bernie Hauersperger abstaining due to a conflict of interest.  

Rose Acre requested to rezone one parcel down to C-3 (heavy commercial) instead of I-2 and remove the second parcel from the petition.  

This is possible due to Indiana State Code and Plan Commission rules of procedures allowing petitioners to amend their requests during a meeting as long as the zoning restriction they are proposing is greater than the original petition.  

City attorney Chris Engleking said C-3 is a more restrictive zoning classification, therefore the petition is permissible.  

Future supporting infrastructures could include warehousing, an enclosed truck wash, cold storage and packaging storage.  

Spray said the final placement of the maintenance shop has not been determined, but once the proper zoning has been approved the layout will be completed to determine the placement on the south parcel.  

The truck traffic will enter by utilizing the stoplight a U.S. 50 and Steven’s Way. The south parcel will be accessible for traffic by construction of a private road at the end of Steven’s Way.  

Spray said there will be an average of 20 trucks and 10 to 15 trailers during first shift operations, which is 6:30 a.m. to 3:30 p.m. There will be seven service trucks based at the location along with 18 to 22 employees.  

Kevin Kaplan who spoke on behalf of the homeowner’s association in the Mutton Creek subdivision, said he was concerned about the hours of operation and wanted to clarify that there would never be any chickens or chicken manure on the parcels.  

“Rose Acres is not proposing an egg-laying operation and we will never have live production on either parcel,” Spray said.  

Carl Beckowitz, who lives close to the properties, said he would like it if the commission would consider voting against or tabling the request to research about the change in zoning.  

“We’ve done a lot of research into the industrial aspect moving into that area and not necessarily how C-3 will impact the neighborhood,” he said.  

Engleking read the classification of C-3 Highway Commercial District, which is intended to provide suitable locations for establishments offering goods and services to the traveling public and to accommodate those businesses that require highway locations and large traffic volumes.  

Chad Hubbard mentioned another truck washing business that would be established across the street from Rose Acre’s proposed shop was approved a few months ago. He questioned the excess amount of water and how it would affect the area.  

“Any truck washing that happens has to go into a sanitary sewer which goes straight to the sewage treatment plant,” said Hauersperger, who also is the city’s engineer. “If we are talking about storm water that would have to be detained in a detention pond. There are a couple of different things that should keep that site safe from the public.”  

Commission member Dave Eggers addressed some of the concerns in a public statement before a vote was taken.  

“As far an active egg farm with chickens, there are ordinances inside the city limits that pertain to operations that configure with animal production,” he said. “We have an ordinance that states a dozen chickens at a time and that’s not a cost advantage to Rose Acres. It would involve a whole new set of statutes and set of ordinances that we are not interested in doing and neither is Rose Acres.”  

Eggers concluded the audiences’ questions and concerns are valid, but to rest assure the city has the community and Rose Acre’s best interest at heart.  

“We want to find that common ground and continue to grow our community,” he said.  

Robison put forth a motion to table the petition until the next meeting, but no one seconded his motion. Rose Acre’s petition was approved 8-1 with Hauersperger abstaining.  

Lastly, Chad Leinart with Independent Land Surveying is requesting a primary plat approval for the Harvest Moon Meadows subdivision located on U.S. 31 and County Road 400N, just outside of Seymour. Leinart spoke for Arthur Properties who plans to build a 133-lot subdivision with home prices around $400,000.  

Leinart said this has been in the works since 2021 and they were approved for a rezone in 2022. Around 36 lots will be built in the first phase, 23 lots in the second phase and then the remaining balance in the third phase.  

The petition was approved 10-0 and will go to city council for a final vote.