City council votes 8-1 to approve rezoning, annexation of 700 acres; final reading takes place March 23
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The creation of a new industrial park on Kokomo’s northeast side cleared another hurdle on March 9, as the Kokomo Common Council voted to advance ordinances that would rezone 700 acres of land for industrial use and annex it into the city.
More than 300 local residents attended the meeting, filling the council chambers and much of the foyer at City Hall. And the overwhelming majority of them were there to oppose the measures. Fueling much of the opposition is a persistent rumor that a data center has been proposed for the industrial park; a type of development that has communities across the state fighting to stop such projects.
The meeting progressed much as the council’s Feb. 23 session did when a public hearing on the rezoning and annexation first was held. Dozens of residents spoke passionately against the city’s intentions, and their pleas went unheeded.
Before the public session, council president Greg Davis explained to his fellow council members that a vote against rezoning the properties requires a reason that can stand up in court, should the measure be voted down.
“The only thing I’d have us remember as a group would be that, depending on how we vote, if somebody votes no, they have to be prepared to articulate why,” said Davis. “There has to be a reason for it. I’m not telling you how to vote.”
Council attorney Corbin King attempted to convince the council members to cast “yes” votes on first reading as a procedural matter.
“Historically, we have passed those because we want to listen to what the folks in the audience are saying,” said King. “I’m not sure it is to our benefit to make a judgment right now as they’re going to ask us to look into things or think about things.
“We have two weeks for either one of those ordinances. I think it is imperative that we show that we are listening, and then in two weeks, we can come back with our vote to either deny it or accept it. We can give our reasonings. They want to think that they are being heard, and we need to do that.”
Councilman Matt Grecu, the council’s appointee to the Kokomo Plan Commission, tried to assure his peers that any project proposed for the industrial park, should it be established, would have to go through additional scrutiny, though the council likely will no longer have a say in the matter.
“Before anything’s going to happen on that property, it is going to come back for public meetings, for discussion of its usage,” said Grecu. “The planning commission would hear a case based on a development plan, but before it would even get to that point, it’s going to go to the plan commission office.
“It’s going to be reviewed to see if it fits with the ordinances and if there’s any type of issue that may need to go before the board of zoning appeals. It’s going to go through the plat committee, the subdivision process, and anything to be replatted ... it would all be done during public meetings.
“Notices would be sent to adjoining property owners. Signs would be put up. It would be advertised publicly. So, anything that’s going to develop there is going to go through a series of additional public meetings, and people are going to have opportunity to speak to them. But it won’t come back before us.”
Once the public meeting began, Paul Wyman, who brought forth the petition for rezoning and annexation, was allowed to open discussion with a lengthy statement, detailing the decades since the city first annexed the land that became home to Indiana Transmission Plant I and later the former Indiana Transmission Plant II, which is now an engine plant.
He explained how city and economic development leaders designated the area for future industrial expansion as needed, which is why the StarPlus battery plant and its supporting industries eventually located in near the Stellantis facilities. And he talked about how those plans shaped the U.S. 31 bypass and its access points.
During his presentation, Wyman also confirmed that a second StarPlus battery plant is still in the works, with projections for construction in 2028. The current battery plant, initially built for electric vehicle battery production, has since set aside that plan and is manufacturing battery products for non-automotive use.
“We’ve talked many times about (economic) diversification, and Samsung literally gives us one of our greatest opportunities to do that,” said Wyman. “In fact, last fall, Samsung and Stellantis began a pivot inside the battery plant as things changed in the EV world with a change of administrations, and now they’re producing battery backup storage.
“We have one of the greatest companies in the world in Kokomo, Indiana, building non-automotive things, and now we’re employing approximately 800 with the projection to hit 1,400 by the year’s end.”
To support that argument, Wyman detailed how Delco Electronics and Delphi once employed thousands in Kokomo; jobs that slowly disappeared.
“We ended up now replacing thousands of those jobs,” said Wyman. “If anybody in this room thought about it for a second, had we not done this and those thousands of jobs were not here, we’d be pretty devastated as a community right now.”
As Wyman turned to the issue of annexation, claiming that the petition isn’t “blind annexation,” as the intent to create industrial-use land is well-known and public hearings are happening, the crowd erupted repeatedly, forcing Davis to admonish those in attendance.
“To be clear, going forward, should this council approve the annexation and the zoning, nobody can run there next week and just start sticking shovels in the ground and building,” Wyman continued. “There will be more public meetings. There will have to be subdivision approvals. There will have to be site plan approvals. There will have to be many public meetings of which many of you may be participating in.”
Lori Dukes, CEO of the Greater Kokomo Economic Development Alliance, followed Wyman and reiterated much of his presentation, stressing the importance of being able to compete for job-creating industrial projects.
“Having development-ready land is critical,” Dukes said. “It’s essential to being able to pursue the goals associated with this project. From the beginning, this request follows an established plan. It builds on success already happening in the area and positions our community for future growth.”
Before public comment was allowed, Councilman Bob Stephenson proposed that the annexation and rezoning be broken up by project as the need for land presented itself.
“I prefer to see these projects come forward individually for both annexation and rezoning, so they would come before this council one at a time,” said Stephenson. “Once they’re out of here, and you guys all know this, they’ll never come back before us unless there’s an abatement.
“It’ll go before the city planning commission, which is an appointed board. I have sat and watched them be told over and over, if something is zoned correctly, they are obligated to pass things. It really takes the opportunity away from everybody here and all of us. I would rather we not abdicate our responsibility and we take these one at a time as they bring these projects forward.”
Wyman countered that not having “shovel-ready” land available for immediate development places the community at a disadvantage when it comes to attracting business.
“If we can’t meet that need, they’re going to the 15 other communities in Indiana that have the 500-acre industrial parks,” said Wyman. “It becomes our problem as a community if we keep losing all of these opportunities.
“If we would not have been able to say to Samsung we have land ready to go, Samsung would not be here today. They would be in Michigan or Ohio.”
Following Wyman’s comments, dozens of local residents were called upon to share their concerns, much as how things progressed at the council’s Feb. 23 meeting. And many of the same objections raised at that meeting were re-hashed.
Early in the two-hour block of testimony, resident Clee Oliver approached the council with copies of the legal description of the properties to be annexed and rezoned. A document from the Howard County Board of Commissioners from Feb. 23 had one legal description of the parcels, while a second document generated on March 9 added land in some areas and removed some in another.
“If you’ll notice, there’s a whole lot of difference between the two,” said Oliver. “I’d like to know why that is the case. How can you pass something initially during a public hearing and then add to it at this point in the process?”
The council reviewed the documents and acknowledged the discrepancies, and King pledged to look into the matter.
Resident Aaron King spoke to a disconnect he felt between city leaders and the community on the issue, worried about what might be constructed on the land if it is rezoned.
“The problem with us, and maybe the council as well, is that there’s not a bridge between us here and you there,” said King. “When someone comes in and offers an opportunity, sometimes you don’t have a choice but to say yes.
“If there’s going to be economic growth, there’s going to be opportunity. You can’t shut yourself off as a city, but what we can be vigilant on is what comes in. What do we want here? Why we want it here? And is it worth it?”
Resident Nick Colon also worried about who is actually seeking the rezoning and annexation for development
“These petitioners are nameless companies, so we don’t even get to know who is inflicting their will upon us,” said Colon. “These petitioners are not voters. They are not constituents. So, listen to the people, not to the companies.”
And county resident Larry McNew cautioned the council against eliminating agricultural land without knowing what might be developed.
“Blind annexation of productive farmland is not the kind of progress that our community needs,” said McNew. “Thoughtful growth and responsible planning are essential to protecting the character, sustainability, and long-term well-being of our county.
“Our farmland is not simply open space waiting for development. It represents heritage, productivity, economy, and identity. Once it is gone, it cannot be replaced. Decisions about annexation should be made with the greatest care and foresight.”
There were speakers in favor of the measures, and Davis read an anonymous letter from someone affiliated with Ivy Tech Community College in support of re-zoning and annexation, citing the explosive growth the local campus experienced in the wake of the StarPlus development that brought job opportunities, equipment purchases and increased enrollment at the college.
After the letter was read, the council voted on the annexation and passed the ordinance, 8-1, with Stephenson being the lone dissenting vote. The council then turned to the rezoning ordinance.
Mayor Tyler Moore took to the microphone to open the discussion, seeking to deflect criticism away from the council and onto his administration for this proposal, as well as others over the past year.
“For months now you’ve endured complaints, criticisms, accusations, disrespect, mockery, ridicule, and heartache for simply addressing items proposed to you by this administration,” said Moore. “You didn’t initiate any of the fees, rate increases, civic issues, developments, or rezonings that you’ve had presented this past year or so. “You were simply doing your duties as members of the common council to best serve the majority of our citizens and the progress of our city ...
“I appreciate your desire to keep an open mind to what is being proposed and the incredible potential it can give our community. You should well remember one of my top priorities when I took office six years ago was to commit to securing and creating a dedicated industrial park. We initially accomplished that task only to have StarPlus engulf the entire area.”
Moore then acknowledged the proverbial elephant in the room: the rumor of a proposed data center, which his administration has refused to confirm or deny to this point.
“Yes, a data center would be a permitted use under the high industrial designation,” said Moore. “Note, again, there has been no development plan or agreement for any type of development presented to the city or planning commission to date.
“But having an available area with which to market gives us the ability to better plan, vet, and scrutinize any development that may be proposed. It also allows us to be more intentional on assuring any future development will benefit the community or have as little environmental impact as possible. It even further permits us to address the criticism that we’re not listening to people by taking these concerns that have been voiced and intentionally inserting ourselves into what Kokomo wants and expects from those who now wish to invest.”
At one point, resident Brooke Walsh tried to put the council on the spot about the alleged data center by asking the members to confirm or deny whether they had signed non-disclosure agreements which prevent them from speaking on the subject. Councilmen Dave Capshaw, Stephenson, Jeff Plough, Tony Stewart, Ray Collins, and Davis all denied having done so, and Davis ended Walsh’s time after responding.
The crowd responded angrily, as did Mayor Moore, who strode to the microphone again to speak.
“Tyler Moore, mayor of the City of Kokomo, has not signed a non-disclosure agreement, nor has anybody on this council,” he said.
As the public comments began to wind down, resident Gary McNew spoke for his fully allotted time but still had comments to share. His brother, Larry, took over and completed the thought.
“One, developers and agents seek out sites that can be fast-tracked by mayors and city officials,” said McNew. “Two, they look they look for land that is more affordable and has relaxed zoning regulations. Three, they prioritize proximity to existing substations, completed infrastructure, waterways, and utilities. Four, they also look for land where they will experience minimal resistance from the community.
“This is why farmland and rural communities become targets, not because they are the safest locations, but because they are the quickest to obtain permits under the intense pressures exerted by developers and agents. We can only hope that you can have done your research and know how these types of decisions that are about to be made here tonight have impacted other cities and communities.”
After the comments concluded, the council voted on the rezoning and passed it on an 8-1 count, with Stephenson casting the dissenting vote. Both ordinances will return to the council on March 23 for a second and final reading. The meeting takes place at 6 p.m. in the council chambers at City Hall. It is not known whether the council will entertain additional comment from the public on the measures.
In other council action, Stephenson gave a committee report from the Kokomo Redevelopment Commission, which authorized a riverfront liquor license for the Brick St. Deli on North Buckeye Street.
The council heard and approved a rezoning to commercial use for 935 S. Goyer Road. Fuel Church once operated at that location, and it now wants to put the property to a different use. The rezoning passed unanimously.
The council also approved rezoning at Dixon Road and Markland Avenue for the construction of a new Howard County Jail.