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Examiner recommends denial of Southport Road rezoning and variance over plan and floodplain concerns
Summary
The hearing examiner recommended denial of a rezoning and variance for a 21,000‑square‑foot flex space at Southport Shops, echoing staff and remonstrators that the proposal conflicts with the comprehensive plan and raises floodplain and public‑safety issues.
The hearing examiner recommended denial of a rezoning and companion variance for a proposed 21,000‑square‑foot flex‑space building at Southport Shops on June 11, siding with staff and remonstrators who said the proposal conflicted with the Marion County comprehensive plan and the site’s environmental overlays.
Paul Carroll, appearing for multiple nearby property owners, told the hearing examiner the petition “would introduce industrial uses into an area designated for office‑commercial uses” and noted the site’s floodway fringe and stream corridor constraints. Carroll argued the petition failed the three legal factors for a variance and urged denial.
Petitioner David Gilman said the proposal is limited to small‑scale, low‑impact industrial uses tailored to the site, emphasized protections for the wooded and floodplain areas and presented a traffic study and design features intended to prevent large‑truck operations. Traffic engineer Brad Yarger estimated the development would generate about 100 vehicle trips per day and only modest commercial truck use.
Staff recommended denial citing comprehensive plan alignment and potential negative impacts. After hearing arguments and rebuttals, the examiner concluded the introduction of an industrial element to that site was inappropriate and recommended denial of the rezoning and companion variance. The examiner placed the recommended denial on the MDC docket for July 1.
Sources: Testimony and staff presentation at the June 11 hearing.
