Area planning commission backs rezoning for Kubacek property with 3-acre sewer/water commitment

The St. Joseph County Area Plan Commission voted Aug. 20 to send a rezoning petition for roughly 76 acres owned by Victor F. Kubacek and Sandra L. Schmidt (life estate) to the County Council with a favorable recommendation conditioned on a written commitment requiring any lot under 3 acres to connect to city water and sewer.

Area Plan staff recommended against the rezoning, stating that the site — parcels near the Buckeye and Douglas Roads intersection — lacks current sewer and water service and contains wooded and tillable areas that could make septic-dependent development risky. "We find that allowing for immediate development in this property for residential would perpetuate the health risks posed by the prevalence of septic development in the county," Sean Klein, Area Plan Commission staff, said during the staff presentation.

Petitioner representative Angela Smith of Dan Turner Associates said the owner, Victor Kubacek, is elderly and seeks to rezone to make the property marketable so he can care for a family member. "He's not interested in doing it himself," Smith said, adding that much of the site is wooded and not suitable for large-scale agriculture and that smaller, multi-acre residential lots are in local demand. Smith also told commissioners the county is working with the city of Mishawaka on a master utility plan that could extend services in the coming years.

During public comment, resident Steve Francis urged the commission to support staff's unfavorable recommendation, calling the petition premature until the county's comprehensive plan and utility extensions are settled. "I do feel that I want to support the staff's recommendation or the unfavorable recommendation because I think this is premature," Francis said.

After public comment and rebuttal, the commission first voted on a motion to forward the petition to the County Council with an unfavorable recommendation; that motion failed on a 4–2 roll call. Commissioner Jean Mattsett moved the unfavorable recommendation, and votes recorded were Dr. Lauck yes, Miss Hannan yes, Mr. Mattsett yes, Dr. Thacker yes, Mr. Tavernier no and Mr. Devon no.

Commissioner DJ Tavernier then moved to forward the petition favorably subject to a written commitment that any lot less than 3 acres will connect to city water and sewer; the motion was seconded and carried on roll call with five votes in favor and one opposed. The commission's action means the County Council will now consider APC 3047-24, with the Area Plan Commission's recommendation and the recorded written commitment.

Next steps: APC 3047-24 will be placed on the County Council agenda for their review and final decision. The commission record and the written commitment will accompany the council materials.