Citizen questions tabled zoning ordinance

Brookville resident Bruce Garber question’s council’s decision to table an ordinance that would have established a large lot residential zoning district for the city.

Terry Baver | The Register-Herald

BROOKVILLE — A citizen voiced his concern with council’s Sept. 3 decision to table an ordinance that would have established a new large lot residential zoning district for the city.

The proposed district, entitled R-1 Rural Residential District, proposed by planning commission member Tony Ezerski, would allow for single-family dwellings on a minimum lot area of 4,340 square feet (1.5 acres) while the minimum lot frontage is 150 feet.

The minimum front yard and rear yard depth would be 50 feet while the minimum side yard depth would be 20 feet on each side.

A draft of the proposed district was approved by planning commission at its Aug. 15 meeting.

Mayor Chuck Letner, vice mayor James Zimmerlin and councilmembers JD Fowler, Kim Wilder, Stephan Crane and Dennis Piper voted to table the ordinance.

Councilmember Curt Schreier voted against tabling the ordinance.

Sycamore Street resident Bruce Garber asked on Sept. 17 why council voted to table the ordinance.

“Council directed planning commission to develop a residential zoning class for larger lot sizes with upscale homes. Planning commission developed Ordinance 2024-13 R-1 residential zoning and voted unanimously, including Mayor Letner, to send to council for the approval per council’s request,” Garber said.

“At the last council meeting, however, the new R-1 Rural Residential zoning was tabled by council without discussion or explanation,” Garber said.

“Only Curt Schreier had the courage and character to vote consistent with his comments at the last council meeting and his yes vote at planning commission,” Garber said.

Garber noted Letner, who voted to approve the R-1 Rural Residential zoning draft at the planning commission meeting, voted to table the proposed ordinance at the council meeting.

“Why the sudden change?” Garber asked.

Garber stated “the only justification given was to wait over a year until the new comprehensive land-use plan is finished.”

“This excuse makes no sense because the new comprehensive land-use plan is only a guideline showing where residential, commercial and parks should be developed in the future,” Garber said.

“Having one less residential zoning option for the consultant to incorporate into the plan is not reasonable or logical,” Garber continued.

Garber asked “who pressured all councilmembers, except Schreier, to abruptly and completely change their positions and once again ignore planning commission’s recommendation.”

Garber said he believes the ordinance was tabled so council could continue to build “the high density homes allowed by the existing R-1 zoning.”

“Council should have learned a lesson with the Harper Creek development where the number of homes was reduced by vote of Brookville residents and the project is still profitable for the developer,” Garber said.

“I remind you that the residential housing costs the city more than the income tax received because most residents are employed elsewhere and pay no income tax to Brookville,” Garber said.

Garber, a former member of Brookville council, said it would benefit the public if unclear resolutions or ordinances could be explained.

“When I was on council, a lot of times resolutions or ordinances that weren’t clear to the public, either the manager or a councilmember would explain the resolution or ordinance a little bit to the public. That would be helpful,” Garber said.

“Also, when you do a complete reversal like that without explaining why you changed, the public has no idea why and therefore doesn’t trust you,” Garber continued.

“You should have the courage and integrity to state your position. We may not like it. Some people might, but at least we know you’re honest in stating your position,” Garber said.

Fowler, who stated at the Sept. 3 council meeting, he supports establishing larger residential lots, made the motion to table the ordinance until the land use plan is completed and implemented.

“One-and-a-half acres inside the city is a little excessive, but I’m certainly in favor of a half-acre and maybe looking at an acre plus, but it’s prudent to just wait for whatever happens with the land use plan and get guidance from that,” Fowler said at the Sept. 3 meeting.

In a related matter, city manager Jack Kuntz announced at the Sept. 17 meeting the comprehensive land-use plan steering committee recently interviewed four consulting firms.

Kuntz noted staff received six responses from consulting firms to the city’s request for proposals for the comprehensive land-use plan update.

“The steering committee should be coming before council at the Oct. 1 meeting with a recommendation,” Kuntz said.

Reach Terry Baver at [email protected].