The Town of Zionsville Town Council on July 7 voted 7-0 to introduce Ordinance 2025-16, a first reading that would vacate a recorded portion of Marketplace Drive in the Holiday Farms subdivision to allow the petitioner to replat the land and pursue a townhome development.

Roger Kilmer, senior planner for the Town of Zionsville, told the council the vacation would remove the recorded public right-of-way from the secondary plat and allow the developer “greater flexibility in the future development of this portion of Holiday Farms.” He said the developer would then return to the Planning Commission to erase lot lines and submit a development plan.

Doug Kelly, representing petitioner Fox Lane Homes, said the company proposes “high end 32 foot wide townhomes, 2 story” with first-floor primary bedrooms and a lower unit density than is permitted under the current zoning. He said the plan would likely result in roughly seven units per acre, well below the 12 units per acre allowed by the Holiday Farms zoning.

Councilors and staff discussed access, the pathway and fire protection. Kilmer and staff said the vacated segment would likely become a private drive with primary access from Rogers Parkway rather than Michigan Road; utilities, emergency access and the final pathway alignment will be reviewed during the Planning Commission’s replat and development-plan process. Kilmer said the town’s approval here removes only the right-of-way from the recorded plat; subsequent Planning Commission actions would be required to change lot lines and approve the site plan.

Public-notice procedures were also described: the required legal notice ran in the Lebanon Reporter and, under the vacation rules, only property owners touching the area to be vacated were required to be notified; the petitioner identified Hanke Development as the landowner touching the entire portion. Councilors asked staff and the developer to ensure neighbors are informed as the project proceeds.

Councilors also raised revenue and land-use concerns, noting that the area was shown conceptually as commercial in earlier plans; staff and the developer said commercial uses remain permitted north of Rogers Parkway and that Townhomes are an allowed use in the area. Kilmer said changes that would alter uses or substantially deviate from the original PUD would require rezoning and additional approvals; otherwise, plat amendment and development-plan approvals by the Planning Commission are ministerial if they meet code standards.

Action: Councilor Milton moved to introduce Ordinance 2025-16; Councilor Stein seconded. The motion to introduce passed 7-0. A request to suspend the rules and adopt the ordinance on final reading failed to secure the unanimous support needed, so the item will return for final action at a later meeting.

The Planning Commission must still consider the vacation’s replatting and the developer’s site plan; those hearings will include additional public notice and opportunities for remonstrance.