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Vandenberg commissioners deny rezoning request for Nellis Lawn Services after wide neighbor opposition
Summary
Vandenberg County commissioners on May 20 denied a request by Nellis Lawn Services LLC to rezone two acres on Crestle Road from agricultural to C-4 commercial with a restrictive use commitment, following extensive public comment and a split recommendation from the Area Planning Commission.
Vandenberg County commissioners on May 20 voted to deny a rezoning ordinance (VC-5-2025) that would have rezoned two acres of a 25-acre property on Crestle Road for use by Nellis Lawn Services LLC. The denial was approved by roll call after public testimony that ran more than an hour; the formal motion to deny passed on a 3-0 roll call of present commissioners.
The petition sought to change the parcel’s zoning from agricultural to C-4 commercial with a UDC (use development commitment) limiting activities to wholesale landscaping and related service uses. Josh Claiborne, attorney for the petitioner, told commissioners, “The purpose is wholesale landscaping business, so there would be no public customers.” The Area Planning Commission had recommended approval on a 5-3 vote, conditioned on an amended UDC and a tree buffer.
Neighbors and their attorney pressed the board to reject what they called “spot rezoning.” Krista Lockyer, representing several nearby residents, argued the change would conflict with the county’s comprehensive plan and zoning rules and urged commissioners to follow Indiana law when adopting rezoning ordinances. “This is spot zoning,” resident Steve Watson told the board, “and that’s what it is.”
Opponents described narrow local roads, frequent use by school buses, on-foot and bicycle traffic, and proximity to existing homes. Nancy Burke, who said her house adjoins the property on two sides, presented photographs and a petition she said included 104 signatures and asked the board to “please vote no on this request.” Other speakers cited dust, smoke from burning debris, on-site fuel tanks and potential impacts on groundwater and property values.
Petitioner Noah Nellis, who owns Nellis Lawn Services LLC and spoke near the end of the hearing, said he intends to use the site primarily as a staging area for off-site landscaping work and to plant an 80-tree evergreen buffer. “My goal is to make this a park like setting,” Nellis said, adding he planned to build a personal residence on the property. He estimated routine traffic would be about five pickup trucks and a small single-axle dump truck during typical business hours, “7 to 3.”
Josh Claiborne emphasized limits in the proposed UDC, telling the commission the request was restricted to UDC use group 11(b) — service uses — rather than general retail. He told commissioners the rezoning would produce a lower-impact use than many agricultural alternatives, and noted the parcel lies within the University Parkway TIF district. County staff later noted the TIF carries debt service of roughly $354,000 annually and currently produces about $183,000 in receipts, a shortfall discussed during public testimony.
Commission discussion focused on competing policy considerations: the Area Planning Commission recommendation and petitioner commitments versus neighbor safety and character concerns and the risk of incremental spot rezoning along narrow rural roads. Commissioner comments acknowledged it was a difficult decision. When the motion to deny the rezoning was made and seconded, the board conducted a roll call and the denial carried.
The denial preserves the parcel’s agricultural zoning; no other regulatory changes were adopted at the meeting related to this property. There was no direction to staff to return with an alternate proposal during the session.
