Plan commissioners recommend against rezoning McGalliard parcel proposed for autism therapy center

MUNCIE, Ind. — The Muncie Metropolitan Plan Commission voted unanimously Monday to recommend against rezoning roughly two acres near West McGalliard Road from R-3 (residence) to BC (community business) after residents raised traffic, safety and precedent concerns about a proposed autism therapy center.

The commission’s unfavorable recommendation will be forwarded to Muncie City Council, which is scheduled to hear the case Sept. 8 at 7 p.m. at City Hall.

The rezoning request, filed by Bradburn Realty LP and presented by attorney David Karnes, would change the zoning for parcels described in the application on West McGalliard Road and North Winston Drive. Karnes told the commission the buyers, developer Southtree Commercial Development, plan a therapy clinic and that a 2006 recorded agreement showed more than 80 nearby property owners had signed a consent-and-escrow agreement stating they would not oppose rezoning at that time.

Karnes said the consent-and-escrow was recorded with the Delaware County recorder and that owners who signed had been paid compensation: “They were paid $2,000 for their agreement to sign the document,” Karnes said. He argued the recorded agreement put later purchasers on notice during title searches and that the 2006 instruments support considering community business zoning along this McGalliard corridor.

Jacob Grady, project manager for Southtree, described the clinic’s anticipated daily activity as modest and staggered: “Typically on a building roughly this size, we’ll see 25-ish patients a day … so we’re talking somewhere in the realm of 50 cars. That’s not all at one time … the traffic tends to be spread out,” Grady said.

Residents and neighborhood representatives strongly disagreed that the rezoning was appropriate. Lucas Pint, president of the Anthony Northside Neighborhood Association, asked the commission to reject the request and cited multiple sections of the zoning ordinance in opposition. “Approving it would set a dangerous precedent for a neighborhood and for the City of Muncie,” Pint said, arguing commercial zoning would harm property values and neighborhood character and calling the request “spot zoning.”

Other speakers cited traffic and safety concerns for children and vulnerable residents, noting Lane Crest subdivision has only two entrances and that drivers already use neighborhood streets as shortcuts. Resident Sue Weiland pointed to existing businesses within a three-mile radius and warned that rezoning to BC would allow other commercial uses if the clinic later closed: “If this is rezoned and the autism center eventually closes, it opens the door for … a tattoo parlor, or yet another gas station,” she said.

Several speakers also questioned the legal effect of the 2006 consents. Aaron Ness, who spoke from the floor, told the commission the 2006 contract does not “run with the land” unless it explicitly states that intent. Neighbors said many who signed in 2006 no longer live in the area and that at least one prior rezoning attempt by Bradburn in 2011 received a negative recommendation.

Commissioners asked practical questions about site access, traffic routing and required screening. Karnes and Grady said primary ingress and egress for the proposed use would be onto Winston Drive, not McGalliard, and that corridor and variance standards tied to development would address screening and other design details. The recorded 2006 agreement also contained a promise to construct an earthen screening mound and tree planting where the Bradburn property abuts Belmont Avenue, and commissioners noted such commitments could be enforced as part of later development approvals.

After public comment, a commissioner moved for an unfavorable recommendation. The motion passed on a 7–0 roll call vote; commissioners Brand, Carroll, Dishman, Landis, Owen, Sipe and Smith voted yes. Board members explicitly told applicants they must appear before City Council on Sept. 8 to present their case before the council makes final zoning decisions.

Next steps: The unfavorable recommendation will be transmitted to City Council, which will hold the public hearing Sept. 8 at 7 p.m. at City Hall. Interested parties may present further testimony at that hearing.