‘Nothing shady going on’: Marion Twp. Supervisors defend rezoning process amid public pushback

PHOTO PROVIDED Pictured above is a public hearing notice along Walt Rd. in Marion Township, posted by Lisa Ford.
JACKSONVILLE — Tensions over a controversial rezoning plan boiled over into Marion Township’s regular monthly meeting on Wednesday, as residents pressed for answers supervisors have been unable to provide.
Marion Township Supervisors reiterated they are solely acting in the township’s best interest and said they plan to address those questions at the Rezoning Hearing Continuation on Sept. 24.
“The thing you’ve got to remember is this is all new to us, as it is to you,” said Supervisor Herb Chapman. “We don’t have all the answers at our disposal.”
Although many questions remained, supervisors used the meeting to clarify points and weigh in on the process so far.
One key detail clarified by municipal officials was the distinction between commercial and highway commercial zoning, which added to the confusion surrounding the township’s already complex zoning issue at last Wednesday’s hearing.
“There is a distinct difference,” said Marion Township’s Zoning Officer Tim Weight.
The distinction comes down to proximity to major roadways. Highway commercial districts, which are designed to minimize the impacts of large or intensive commercial activity and to encourage clustering of such businesses, must be located near major highways, like Interstate 80. By contrast, standard commercial zoning can exist anywhere within the municipality.
“The municipality has to allow for every conceivable use under the sun,” Weight said, echoing township solicitor Louis Glantz. “It doesn’t mean you have it, but once you recognize it, you have to adapt your ordinance.”
Weight pointed to cellular towers as an example, which had to be added to ordinances that previously applied only to radio and television towers.
A member of the public asked if the township should undergo a complete zoning review after officials suggested the entire municipality’s zoning is outdated.
“We’re trying to fix the little things that we’re coming upon right now. But ideally, yes, I believe the entire township should be reviewed with a comprehensive plan that… would be updated every 10 years,” Weight said.
Answers to other questions, including procedures for the Rezoning Hearing Continuation later this month, remained elusive.
When asked whether the hearing would follow the same structure as the Sept. 3 session, Supervisor Archie Gettig said the township plans to start by addressing previously raised questions. Specifically, he mentioned those concerning water and sewage.
“We sat here and listened to everybody for two hours the last time. We’ve taken our resources to try and get some answers for those questions, and we’ll talk about it at the meeting,” Gettig said.
But when asked whether the supervisors would vote afterward, he replied, “I have no idea. I can’t predict the future.”
Gettig was also unable to say whether revised maps would be available for the rezoning or if the supervisors would vote on the zoning as it currently stands. This comes after the township’s solicitor suggested on Sept. 3 that the area under consideration for rezoning might be reduced.
Discussion of the zoning map also drew questions from township resident Matt Ford, who said he sees a disparity between the solicitor’s statements — that the current highway commercial area would be under bridges — and what the maps show, which he says is not the case.
“Where the existing commercial district resides does not appear to be impacted by the construction at the new interchange,” said Ford. “It doesn’t appear we’re losing it.”
Township officials implied the issue is less about the exact location of the interchange and more about access to that zoning with the new construction. Local officials have maintained that rezoning is necessary to relocate the township’s highway commercial district which is being displaced by the I-80/I-99 interchange.
Visibly frustrated by the supervisor’s inability to answer his questions, Ford said, “I’m trying to not have the opinion that there’s some other influence at play here, but you’re all making it really, really hard.”
Responding to those allegations, Chapman said, “There’s no one sitting up here that’s lining their pockets. There’s no one sitting up here that’s doing closed door meetings… There’s none of that going on. There is nothing shady going on up here.”
Both Chapman and Supervisor Orie Hanley expressed frustration with township residents, who they say seem to care only about certain issues.
“I encourage all of you to come to every meeting,” Chapman said, noting that only a handful of residents regularly attend.
“You guys want to get involved — something’s happening that may or may not impact you — you guys all want to flood in here and pound your fist, ‘nope, nope, nope,'” he added, pounding the desk for effect.
Defending the decision to consider rezoning the land, he said, “I believe what we’re doing is a positive thing for the township. I really do believe that,” but noted, “That’s not to say my vote will be one way or the other, I’m just saying what I believe.”
He added, “I’m taking everybody’s health, comments and concerns into consideration when we do have a vote.”
Responding to comments suggesting township supervisors might feel differently if they lived closer to the area in question, Chapman related the experience to his own, living “300 yards” from one of the township’s open-pit mines, which he says causes the dishes in his house to rattle from dynamiting and puts his well at risk weekly.
“Don’t think that I don’t care and don’t realize what you’re talking about — I absolutely do,” Chapman said.
Hanley said, “I really feel that with this zoning change going on right now everybody showed their colors last evening.”
Hanley was referencing the Zoning Hearing Board, which met to discuss a potential hog farm in the municipality.
“Everybody’s worried about a truck plaza coming in that hasn’t even made an application yet, but you could have had 800 pigs at the bottom of The Foothills on five acres of ground,” he said, noting that it would have jeopardized the watershed.
“Where was everybody at that point in time?” he asked, emphasizing that the operation would have impacted 23 homes.
Residents in attendance countered that the scale of the issue was smaller, would not impact the township long term and that they were unaware of the situation.
“They are scalably different, so respectfully, I understand your point and I don’t think you’re wrong. However, let’s not make them the same thing. They’re not. This is an enormous decision,” Ford said.
Marion Township will continue its Sept. 3 rezoning hearing on Sept. 24 at 5:30 p.m. at the Howard Fire Hall.
Agendas and minutes from Township Supervisors meetings, along with contact information, are available at mariontownship.net.