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Council approves rezoning of Clay property to M‑1 despite development‑agreement concerns
Summary
The Hobart Common Council adopted Ordinance 2026‑06 rezoning ~139 acres owned by Clay 138 LLC from R‑2 to M‑1 by a 5–1 vote; City Attorney McCarthy and councilors warned a formal development agreement is difficult to draft without a site plan.
The Hobart Common Council voted 5–1 on May 6 to adopt Ordinance 2026‑06, changing approximately 138.98 acres north of the northwest corner of Clay Street and U.S. 30 from R‑2 residential to M‑1 industrial zoning.
Attorney McCarthy told the council that drafting a development agreement is problematic when there is no proposed site plan, and suggested that the developer consider a planned unit development (PUD) approach to provide more detailed conditions and protections. Mr. Kara said the developer understands the contingencies and that a development agreement will be considered once a site plan is submitted.
The ordinance change, proposed by Clay 138 LLC (Jason Simon), cleared second reading and was adopted by roll call vote with councilors Kara, Rodriguez, Winstead, Brezik and Waldrop voting in favor and Mr. Kopil voting against.
Council discussion focused on the procedural limits of approving a rezoning without a development agreement and the expectation that future site plans and agreements will set specific conditions for infrastructure and mitigation. No development agreement was introduced or approved at the meeting.
The rezoning takes effect in accordance with municipal procedures for ordinance adoption; conditions tied to a development agreement remain unresolved until a site plan and agreement are submitted and approved.
