By VICKI URBANIK

The Damon Run Conservancy District is poised to grow considerably in size, with an annexation petition that would extend sewage service to at least two new subdivisions stretching from C.R. 900 N. to U.S. 6.

The Porter County Commissioners made note of the annexation petition at their meeting Tuesday, in response to the petitioners’ formal request for comment.

The conservancy district, formed at about the time the Timberland subdivision was proposed, provides sanitary sewage from Portage and stormwater management for Timberland and the Eagle Ridge subdivision on U.S. 6.

The annexation petition would expand the district considerably. The expansion is to include the 43-lot St. Andrews subdivision on 900N, a large parcel identified as the Hanrahan property extending south of St. Andrews to U.S. 6, another section south of US. 6 and east of 50W and the business parcels on the southwest and northeast corner of U.S. 6 and Meridian.

In what may signal plans for additional residential development in the area, the map accompanying the petition identifies an even larger area as possible future members of the district. The area includes a section west of 50W extending from U.S. 6 to 700N. This section includes the site of the proposed Arcadia subdivision, which was withdrawn late last year by the developer after a huge public turnout against the rezoning that was sought.

The future members also include the Elmwood Mobile Home Community, the Liberty Schools and Fox Chase Farms.

County Commissioner President Robert Harper said he urges the judge considering the petition to ensure that the residents being annexed into the district are made aware of district board meetings and that they are given full disclosure of their obligation toward paying off bonds for the district.

Though he didn’t mention it directly, Harper was likely referring to recent concerns aired about the Falling Waters subdivision in Porter Township. Some residents there said they were not aware of all the fees, including the conservancy district fees, they would be expected to pay.

The Damon Run annexation is pending before Porter County Circuit Court Judge Mary Harper with a hearing set for May 22.

Rezoning Nixed

The commissioners upheld a recommendation from the Porter County Plan Commission and unanimously rejected a rezoning, from Agriculture to Rural-Residential, sought by Keith Freyenberger for property along Ind. 8 in Pleasant Township.

Among the concerns raised was the conflict that often occurs when new residential developments are allowed in heavily farmed areas.

North Porter County Commissioner John Evans said he was torn by the request because he believes that as the property owner, Freyenberger has the right to develop it. But he also cited the high water table in the area and the heavy farming in the immediate area.

“You obviously aren’t going to want to put up a sign ‘Manure Farm,’” Evans said.

Several residents and farmers spoke out against the rezoning, saying that most of the area is agriculture and that the homes that are there now were built decades ago when the county had much different rules.

Farmer Craig Snyder said if the rezoning is approved, the county might as well throw out all agricultural zoning, and that the change would amount to spot zoning. Similarly, farmer Roger Martin said that although Indiana has a right-to-farm law, there is still the potential for residents to bring civil action against farmers.

“When you haul a lot of manure, you’re not a friend of the neighborhood,” he said.

Harper cited the just adopted Unified Development Ordinance and noted that a vast swath of unincorporated Porter County is now zoned residential. If the commissioners approved the rezoning just after determining that the area should stay AG, “you might as well rezone everything.”

Liberty Vacation

In another matter, the commissioners finalized a request from Christopher and Monica Lovall to vacate a county right-of-way in the Roble Woods area in Liberty Township off C.R. 600N.

The final approval of the vacation at first seemed in doubt after Harper and South County Commissioner Carole Knoblock cited concerns that have been raised. But Evans said there is no problem with the vacation, and that the Lovalls are the last property owners in the area to request the same vacation that others have been granted. The motion passed unanimously.

Posted 5/16/2007