A K-12 private school that had requested to build its new location in Columbus Township was denied by a city zoning board a couple weeks back, but it turns out the board had no authority to do so because of recent legislation.
Construction of a new building for Liberty Academy of Columbus is a step closer to going forward on 13 acres on the east side of County Road 250E, about 515 feet south of Windsor Lane.
The Columbus Board of Zoning Appeals on Aug. 26 denied a proposed conditional use to build the school because of safety concerns, particularly around the state of County Road 250E, where hills obstruct visibility. Those from the public said the school would be surrounded by farms with operating machinery and spraying equipment.
But letters sent Sept. 5 to neighbors near the site by planning staff said that the board of zoning appeals should not have considered the matter in the first place because of House Enrolled Act (HEA) 1515, which was passed by the Indiana General Assembly on April 28 and became effective on July 1.
The bill requires that all public, charter and nonpublic schools be permitted in all zoning districts, meaning local governments are unable to regulate or restrict school location decisions.
“Due to this change in Indiana law, the Board of Zoning Appeals did not have jurisdiction over Liberty Academy’s location and its denial of Liberty Academy’s conditional use application is void,” the letter states.
The legislation was “unknown to local officials at the time” of the Aug. 26 meeting, according to the letter.
It goes on to ask that any questions “about the reasons for this change to Indiana law” be directed to state legislators, namely Rep. Ryan Lauer, R-Columbus, and Sen. Greg Walker, R-Columbus. Lauer voted in favor of the bill, while Walker voted against.
The state preemption of local zoning authority was reviewed by the city’s legal counsel, and had it been known before the meeting, the board would not have heard the case, Planning Director Jeff Bergman told The Republic.
“Essentially, the result of the legislation is that local government may continue to apply basic zoning standards to schools – regulating parking, setbacks, lighting, signs, etc. – but may not exercise discretion over their location,” Bergman said in an email.
Head of Liberty Academy JR Huff said that the growth of the school at its current location at 1511 22nd St. has been limited and described how it’s been difficult to find a property suitable for a school. He noted that he knew traffic would be a concern, but assured the board that pick up times would be short and how he did not anticipate pick up traffic going on to the road.
The school would be expected to have 250 students, according to Huff. School days would start at 7:45 a.m. and end at 3:15 p.m. and buses would not be utilized.
Resident Jenifer Slabaugh provided a petition with over 30 signatures from nearby property owners and those who use the road frequently who all opposed the proposal due to what they felt is the danger of County Road 250E.
She noted that some who signed the petition supported Liberty Academy and its mission, but did not agree with the proposed site and signed no.
The next step in the process for Liberty Academy is to submit a site plan to the planning department for zoning compliance review. If the school meets all applicable building standards, a zoning compliance certificate will be issued to allow for construction.
