Commissioners approve Heritage Lake Marina rezone

Monday, August 17, 2020
With a rezone of the property to commercial now approved, the Heritage Lake Property Owners Association may now move forward with a plan to open a restaurant in the community’s rebuilt marina.
Banner Graphic/JARED JERNAGAN

The Heritage Lake Property Owners Association can move forward with a request to rezone the marina property.

The Putnam County Commissioners gave the request final approval Monday morning, affirming an earlier decision by the Putnam County Plan Commission.

In doing so, the commissioners made only a minor change to the wording proposed by the Plan Commission during its July meeting, not yielding to further requests from the POA board.

The 2.6-acre plot on which the marina sits will be rezoned from Residential 2 to Commercial. A business has been run on the property since before for the county adopted zoning, but when the POA tore down the old marina building, the grandfather clause under which it operated expired.

Among the conditions under which the Plan Commission granted approval were that the property not be developed further and that hours would be set for the operation of the new restaurant set to open in the marina: 6 a.m.-9:30 Monday through Thursday, 6 a.m.-10:30 p.m. Friday and Saturday and 6 a.m.-9 p.m. Sunday.

The POA, through its attorney Scott Treadway, had requested extended hours with special allowances made for holidays and special occasions.

These were not granted by the commissioners, with the only change coming in the change of wording, from stating that no other “retail commercial” business could open on the property to simply saying no “commercial” business.

Before the commissioners unanimously approved the rezone request, President Rick Woodall asked if there was an intention of having live music at the facility or speakers outside that might bother nearby residents.

“There’s no intention of that at all,” one POA board member replied.

The decision brings to an end a contentious few months of Heritage Lake residents arguing the case for and against the rezone -- and particularly the addition of the restaurant -- before the Plan Commission and the Commissioners.

Despite being in a residential zone since the county adopted zoning in the early 1990s, the marina has operated continuously, having occupied the same spot for at least 20 years before zoning even came to be in Putnam County.

With the old building in need of repairs, the POA applied for a building permit last fall, which was granted by the Putnam County Planning and Zoning Department.

Along the way, the plan was to expand the footprint of the building, which had previously housed a convenience store and gas sales for boats.

However, by tearing down the old building, the property was no longer grandfathered in, meaning the land would have to be rezoned for the business to reopen on the property.

This oversight by the county was not discovered until construction was well under way.

Further complicating the issue, the POA hopes to put a restaurant into the expanded, rebuilt marina, a plan that has some Heritage Lake residents incensed.

While a number of other issues and disputes have been brought up during the discussions, the chief questions before county officials were whether to grant a rezone and if a restaurant could be allowed.

In the end, the answer was an affirmative to both.

“I greatly appreciate everyone and their time to drive down these three to four trips,” Woodall said. “I know not everyone is going to be happy here today, but I appreciate you.”

Comments
View 15 comments
Note: The nature of the Internet makes it impractical for our staff to review every comment. Please note that those who post comments on this website may do so using a screen name, which may or may not reflect a website user's actual name. Readers should be careful not to assign comments to real people who may have names similar to screen names. Refrain from obscenity in your comments, and to keep discussions civil, don't say anything in a way your grandmother would be ashamed to read.
  • *

    Why is the government dictating operating hours to a private establishment?

    Approve or disallow... that was all you had to do.

    The POA (which owns/controls the property) and the home owners (vested members of the POA) should be determining everything else.

    -- Posted by dreadpirateroberts on Tue, Aug 18, 2020, at 7:39 AM
  • The commissioners were within their authority to control operating hours. The POA should be grateful the marina wasn't denied outright.

    -- Posted by Ben Dover on Tue, Aug 18, 2020, at 8:42 AM
  • *

    Ben Dover - ok, please cite actual authority the commissioners have to control operating hours for a commercial establishment.

    Further, please cite actual cases where they have done so.

    I'm genuinely curious.

    And why should the POA be grateful the marina wasn't denied outright? Its POA property... they are simply replacing the marina that was already there... and the county bears a large part of the responsibility for needing to have it rezoned anyway as they gave the POA bad information in re: grandfather provisions.

    -- Posted by dreadpirateroberts on Tue, Aug 18, 2020, at 12:11 PM
  • *

    He (BenDover) doesn't have to provide or cite cases of actual authority. Per one of the frequent posters on here (Dreadpirateroberts) when asked to provide sources or cite cases he just says I'm to busy to look it up but you can do your own research. So DPR I would recommend you listen to the strong advice given by DreadPirateRoberts and just find the information yourself.

    -- Posted by RSOTS on Tue, Aug 18, 2020, at 4:31 PM
  • The old marina had been a nonconformity since zoning was implemented in the early '90's but was allowed to stay due to the grandfather clause. Their mistake was tearing it down and building a new one, which changed the nonconformity to a violation of R2 zoning. Indiana code allows the commissioners to place restrictions any time they grant a zoning change. But it was only fair they grant the re-zone since it was the county's fault in issuing them a building permit without knowing the facts. DPR, please volunteer to be on the BZA when the next opening occurs and you may learn a lot about local government.

    -- Posted by Ben Dover on Tue, Aug 18, 2020, at 8:37 PM
  • Being that this is commercial, open up the boat ramp. This is no longer a private lake. Its a state lake anyway with private access.

    -- Posted by shanegreene on Wed, Aug 19, 2020, at 3:31 AM
  • *

    RSOTS - I appreciate your efforts, but once again you have failed.

    There is a difference between trying to convince someone of something (which is why I always said do your own research instead of merely taking my word for it or merely discounting what my opinion is) and backing up what you say with citations, especially when it comes to governmental authority.

    Many times I have provided citations, including links (which you still discounted/ignored) and authoritative reference.

    I don't think the therapy is doing you much good...

    Ben Dover - We agree on the circumstances of the new marina and the re-zoning of the property, there is no dispute there.

    To put a finer point on my query: Why did the local government feel it necessary to restrict hours as a condition of the re-zoning? I don't see the need for it, and it looks like governmental muscle flexing.

    If you have a code citation, I would be interested in seeing it so that I may research it further.

    This should've been a simple vote and bang the gavel. It doesn't affect anyone other than owners at Heritage Lake, and they are the ones that voted for the POA board.

    Shanegreene - From my understanding the "commercial" tag is a use-type designation and does not automatically mean that it is open to the public.

    I am not aware that it is a "state lake". From everything I know about it, Heritage Lake has been a private lake since its original development.

    Can you shed some light on your thinking that its a "state lake"? I'm interested.

    -- Posted by dreadpirateroberts on Wed, Aug 19, 2020, at 10:36 AM
  • *

    DPR - Um, hard fail man. You have 100% replied before with "I'm to busy, do your own research" when asked to verify / back up a claim you have made but hey that's okay little buddy. It's much easier to score if you keep lowering the basket so carry on my friend.

    -- Posted by RSOTS on Wed, Aug 19, 2020, at 11:26 AM
  • *

    RSOTS - LOL. You just can't let it go...

    No matter how many times I prove you wrong. You have to twist and obfuscate something I have said in order to try to get me.

    You remind me of the spoiled rich guy in The Count of Monte Cristo...

    It's just not enough to live in your ivory tower.

    You must do everything you can to try to take me down b/c you envy me - some lowly person that you feel justified to look down upon but can never best.

    You want to be me, and you hate yourself for it. And thus your antagonistic obsession with me.

    Sad.

    Now, do you have anything of substance to add to the conversation?

    Or is this yet another instance of you seeking me out on the BG website simply to lash out with your misplaced anger?

    -- Posted by dreadpirateroberts on Wed, Aug 19, 2020, at 12:40 PM
  • *

    DPR, As of matter of fact I do have something of substance to add to the conversation.

    DPR - Um, hard fail man. You have 100% replied before with "I'm to busy, do your own research" when asked to verify / back up a claim you have made but hey that's okay little buddy. It's much easier to score if you keep lowering the basket so carry on my friend.

    Just because you don't like it or don't think it's of substance still doesn't change the truth of it.

    There is an easy fix though if you don't like your own words coming back on you. Stop saying them lol.

    -- Posted by RSOTS on Wed, Aug 19, 2020, at 1:21 PM
  • DPR: without restrictions, the POA would be free to do anything on that tract allowable in a CG zone: pool hall, gas station, used car lot, funeral home, etc. It's not just a yea/nay decision. Look at IC 36-7-4 for more info.

    -- Posted by Ben Dover on Wed, Aug 19, 2020, at 2:21 PM
  • *

    RSOTS - tsk.tsk.tsk... now you are reduced to simply repeating yourself foolishly. Still wrong, and still off-topic.

    I don't know if I should be flattered or worried about the attention you give me.

    Ben Dover - Here is what I found:

    IC 36-7-4-201, which states the purpose of Zoning, says nothing about setting operating hours...

    "The purpose of this chapter is to encourage units to improve

    the health, safety, convenience, and welfare of their citizens and to

    plan for the future development of their communities to the end:

    (1) that highway systems be carefully planned;

    (2) that new communities grow only with adequate public way,

    utility, health, educational, and recreational facilities;

    (3) that the needs of agriculture, forestry, industry, and business

    be recognized in future growth;

    (4) that residential areas provide healthful surroundings for

    family life; and

    (5) that the growth of the community is commensurate with and

    promotive of the efficient and economical use of public funds."

    Furthermore... IC 36-7-4-502 which establishes the contents of what MUST be in a county comprehensive plan says nothing about operating hours and IC 36-7-4-503 (additional contents) discusses what MAY be included in a comprehensive plan - going so far as to say "[l]and use, including the height, area, bulk, location, and

    use of private and public structures and premises" but nothing about operating hours.

    So, I looked up the Putnam County comprehensive plan and code of ordinances to see what was in there...NOTHING about operating hours.

    Nothing about operating hours for restaurants/food establishments. (Not even mentioned in the permitting process.)

    Nothing about operating hours for CC or CG zoning (both commercial designations).

    Here is where the code of ordinances can be located if you want to double-check my work:

    http://library.amlegal.com/nxt/gateway.dll/Indiana/putnamcounty_in/putnamcountyi...

    And no one was talking about any of those things. Don't be ridiculous. We were discussing whether Putnam County government has the authority to restrict usage by hours of operation, not whether they could restrict types of establishments. That is a whole other argument.

    The POA wanted to rebuild their marina, and possibly let a restaurant operate in some of the space. It already needed to be re-zoned as Commercial due to the nature of the space and them selling gasoline and ??. The only other option was to classify it as R1 under a "clubhouse" designation...but then they wouldn't be able to sell gasoline and ??.

    So classifying it as Commercial made the most sense.

    Now, where does the Commissioners (or anyone in the government) get off telling them that they are limited to certain operating hours?

    Again - if you can find it, let me know...I looked and found nothing.

    Otherwise, I will stand by my assertion that this was heavy-handed over-reach by the government of Putnam County.

    -- Posted by dreadpirateroberts on Wed, Aug 19, 2020, at 4:54 PM
  • Dread: at this point you need to direct your opinions to the commissioners. I can't imagine them consulting the Banner Comments for guidance in future decisions. Nothing you say here will sway them one way or another.

    -- Posted by Ben Dover on Wed, Aug 19, 2020, at 9:02 PM
  • *

    Ben Dover - "Nothing you say here will sway them one way or another." LOL - on that we can certainly agree.

    As they have made their decision, I can't imagine that they would listen to me even in person.

    And since I am not a property-owner of Heritage Lake (and therefore have no dog in this particular fight), I will simply encourage the Heritage Lake POA (if they read this) to pursue further legal action against the heavy-handedness of the County Commissioners, and encourage ALL Putnam County voters to consider these things when it comes time to vote for County Commissioner.

    Maybe someone more liberty minded will take up the banner and run against these local tyrants.

    -- Posted by dreadpirateroberts on Thu, Aug 20, 2020, at 2:40 PM
  • I heard only Heritage Lake residence will be allowed to eat at the restaurant is this true?

    -- Posted by PCnative64 on Thu, Aug 20, 2020, at 3:30 PM
Respond to this story

Posting a comment requires free registration: