Keene planning commission approves rezoning and plats for Covington Acres after Atmos easement change

The City of Keene Planning and Zoning Commission approved a rezoning request and both the preliminary and final plats for the Covington Acres development, a multifamily project by Kittle Property Group, after the developer adjusted lot lines to accommodate a widened Atmos gas easement.

Commissioners voted to rezone a 24.7308-acre portion of the Hugh McCollum survey (Tract 12), located at 2632 East U.S. Highway 67, from C-2 general commercial district (office and light retail) to a planned development (PD) for multifamily housing and acknowledged two requested variances: allowing three-story buildings where two-story buildings had been expected and reducing the number of playgrounds proposed from five to four.

The zoning change was necessary after the gas utility expanded its easement on the east side of the site from roughly 40–50 feet to about 100–115 feet, which increased the acreage Kittle needed to include in the PD application. "We did need to increase the acreage due to the Atmos gas line on the east side of the property," said Mike Roterer, Kittle Property Group representative. He said the change did not alter the number of buildings, units, amenities, or points of ingress and egress and added the company expects to begin construction later this summer.

City staff told commissioners the civil engineering plans, stormwater design and other technical reviews have already been approved by the city’s reviewers and the fire department. Don, a city staff member who presented the agenda item to the commission, said the parcel’s acreage was updated in the planning application from 21 acres to 24 acres to include the additional right-of-way or easement area. "Everything's ready to go. We're ready to rock and roll," Don said during the presentation.

During public comment, nearby residents asked about the location of Highway 67 and whether the widened easement extended onto their parcels. Steve Conley, who said he lives at 2620 Kenny Road across from the development, asked whether the easement applied to his property; staff responded that the easement extends into the original 38-acre tract sold by Parco Transportation and that questions about private property impacts should be directed to Atmos.

Commissioner Gilbert Perez moved to approve the rezoning request and acknowledge the two variances; the motion was seconded by Edgardo Perez Sr. Commissioners then approved the preliminary plat for Covington Acres (motion by Caleb Bull, seconded by Edgardo Perez Sr.) and later approved the final plat (motion by Edgardo Perez Sr., seconded by Gilbert Perez). The votes were taken by voice; commissioners indicated support and no opposition was recorded on the meeting record.

Clarifying details included in the record: the PD request covers 24.7308 acres; the Atmos easement was described in the hearing as increasing to "a little over a 100 feet, probably a 115 feet or so" from a prior 40-foot easement; the variance requests were specifically for three-story buildings (in place of two) and for four playgrounds rather than the five shown in earlier materials.

The commission’s approvals clear the way for Kittle Property Group to proceed to the remaining administrative steps with city council and final engineering submittals. Staff noted the development includes a detention pond and storm drainage shown on the preliminary plat; city engineers reviewed those systems and determined the detention design should prevent increased off-site flows compared with current conditions.

Kittle Property Group representative Mike Roterer provided the firm’s address in the record as 310 East 90th Street, Suite 400, Indianapolis, Indiana 46240, and said the company appreciates city staff help in reprocessing the application after the easement change.

Votes at a glance - Rezoning from C-2 to PD (multifamily) and acknowledgement of two variances: motion by Gilbert Perez; second by Edgardo Perez Sr.; outcome: approved (voice vote, no recorded opposition). - Preliminary plat for Covington Acres: motion by Caleb Bull; second by Edgardo Perez Sr.; outcome: approved (voice vote). - Final plat for Covington Acres: motion by Edgardo Perez Sr.; second by Gilbert Perez; outcome: approved (voice vote).