14-02-2025
Council denies annexation request
GREENSBURG – The voluntary annexation of the property at 1200 S. 60 E., adjacent to St. Mary's School on Millhousen Road and owned by Christian and Karen Rust, was again the topic of a public hearing and a vote at Tuesday's meeting of the Greensburg City Council.
Before the public statement portion of the hearing began, city attorney Christopher Stephen explained the nature of voluntary annexation of a territory and the legal ramifications of such a move.
Stephen clarified that the hearing was to receive input on whether or not the approximately 12 acres owned by the Rusts should be annexed, and not on the requested rezoning of the property.
After a question from Councilor Darrell Poling, Stephen recommended a vote be taken on first reading with the understanding that the proposed ordinance might change, depending on the proposed zoning recommendation determined next month at the March meeting of the Greensburg Area Plan Commission.
Stephen asked the audience to limit their comments to points that were relevant to annexation only.
The Rusts were represented by attorney Matt Giffin from Faegre Drinker Biddle & Reath LLP in Indianapolis and he spoke first.
Giffin explained that under the law the only real issues were if the property was contiguous to Greensburg and if the requested R4 zoning classification for the property was appropriate.
He explained that the Rusts wanted to develop the property to be of value to the city of Greensburg, but to do that the property would have to be zoned in a way that would benefit the Rusts ideas for development.
Giffin assured the assemblage that the Rusts do not intend to use the property for multi-family housing nor for manufactured housing, but for a senior housing community much like Crowne Point Senior Living Community, which is also zoned R4.
Giffin addressed a few of the public concerns that arose from last week's Area Plan meeting, saying that the construction of such a facility would only result in a minor increase of traffic. He also said providing police and fire service and capital services like street construction would only result in a 'marginal cost' to the city.
Giffin cited studies that indicated the proposed senior living facility did not promote an increase in crime nor have a negative effect on adjacent property values. He also said the facility was consistent with the city's comprehensive plan.
'We urge the council on the first reading tonight and eventually on the second reading to approve this annexation and zone the property that makes future development possible,' Giffin said.
Eleven members of the public spoke against the annexation and zoning change, citing issues like increased traffic on Millhousen Road, safety for the children at St. Mary's, the changing of the area's aesthetics with the addition of such a facility, and lowered property values.
It should be noted that additional seating was necessary to accommodate attendance for the meeting, with several city officials standing along the walls during the proceedings.
The public hearing was closed after approximately 35 minutes of testimony.
During the meeting portion of the gathering, Greensburg Building Commissioner Sarah Hamer addressed the irregular order of the proceeding, acknowledging that the annexation should have been confirmed before the zoning ordinance was voted on.
Lengthy discussion ensued between council members and Stephen, clarifying the irregular order of the proceedings.
Stephen again clarified that any vote was strictly regarding the annexation of the property in question, and that the zoning classification would not be known until the second reading at next month's council meeting.
A roll call vote was eventually taken, with councilors Jamie Cain and Darrell Poling voting to annex the property and councilors Mark Carmen, Kevin Fleetwood, Dr. Rodney King, Darrell Tressler and McKenzie voting not to annex.
The ordinance failed on the first reading by the city council.
