25-RZ-02 Brown County Board of Commissioners – Reversing the Tilton Rezone

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Last updated: June 18, 2025  

Docket Number: 25-RZ-02 BROWN COUNTY BOARD OF COMMISSIONERS, PETITIONERS
The petitioners requested approval for rezoning property owned by William Jacob
Capital, LLC, from General Business (GB), Floodplain (FP), and Floodway (FW) to
Secondary Residential (R2), Floodplain (FP), and Floodway (FW). The property is
located to the south and west of 279 West Main Street, Nashville, in Washington
Township.

IC 36-7-4-602 Zoning ordinance; procedures for adoption of ordinances,
amendments, and map changes.

The Commissioners can require the Plan Commission to initiate the petition. The petition
does not need to come from the owner. The plan commission prepares the legal notice.

The proposal may be initiated either:

    •  (A) by the plan commission; or
    • (B) by a petition signed by property owners who own at least fifty percent (50%) of the
      land involved.
    • (Under the advisory planning law or the area planning law, any participating
      legislative body may also initiate the proposal and require the plan commission to
      to prepare it.)

Citizens (non-landowners) can request a change through their legislative body or through the plan commission. They cannot initiate a petition. 

Zoning. There are only a few counties in Indiana that have chosen not to have zoning. Brown County is not one of them.  The County Comprehensive Plan guides zoning decisions. This document is in the process of being revised and updated.

Introduction: Description of the projects and controversy: UPDATE: RV request on Tilton property to be heard Dec. 18, Brown County Democrat

This post was shared at Brown County Matters  

    • CHANGE – Agenda, Commissioner Meeting, May 21, 2025. We had to move the rezoning decision to June 18, 2025, at 6:00 p.m. due to a miscommunication on public notification requirements.
    • The first commissioner meeting, scheduled for June 4, 2025, at 2:00 p.m., is generally reserved for administrative-related topics. The evening meetings are reserved for major decisions, allowing more people to attend.
    • Legal. Regarding the re-zone decision back to the previous version, a link is provided in the comments that provides a timeline of the process to including the supporting documentation and audio.
    • APC meetings include the APC’s attorney. In addition to the APC attorney, the County attorney was also consulted throughout the process and coordinated with the APC attorney to help ensure all actions met procedural and legal requirements.

Timeline – Agenda, Reports, Minutes, Audio – Available at: https://www.browncounty-in.gov/AgendaCenter  

    • Oct 22, 2024,  APC First Meeting – Request for more details (site plan) was voted on and tabled.  Minutes of the Meeting to include comments from those in favor and those opposed to the projects being presented.
    • Nov 19, 2024, APC – 2nd Meeting – 4 to 3 vote Not to Recommend Approval to the commissioners, 150 signatures in opposition, max attendance and participation at the public meetings  Audio of the Meeting
      • Docket Number: 24-RZ-02 JIMMY TILTON, PETITIONER – CONTINUED FROM OCTOBER 23,2024. The petitioner requested approval for rezoning from Secondary Residential (R2), Floodplain (FP), and Floodway (FW) to General Business (GB), Floodplain (FP), and Floodway (FW). The properties are located to the south and west of 279 West Main Street, Nashville, Indiana within Washington Township.  Minutes of the Meeting.
    • Dec 4, 2024, Commissioner Meeting – Approved 2 to 1. Yes Vote – Pittman and Wolpert, Sanders voted No.  Commissioners declined to table the vote to consider the changes being made to the County and Nashville Comprehensive Plans.  After the property is re-zoned, the proposed projects are reviewed by the Board of Zoning Appeals (BZA). The BZA did not approve either project. The projects  provided the basis for the zoning change.

    • Jan 2, 2025,. Lawsuit filed challenging the zoning decision to include the legal action (Motion to Intervene) filed on Jan 17 on behalf of Jimmy Tilton.  At this point, the discussion on the issue between the commissioners and Jimmy Tilton are ceased. Summary_as of May 22,2025 MyCase_Rezoning. The case was extended pending the decision by the commissioners.

    • Jan 3, 2025  – New Commissioners hold Executive Session. 
         
    • Jan 16, 2025 – New Commissioner Petition to Reverse Re-Zoning.
      • Memorandum to the APC – Petition to Re-Zone.  This information was also provided to the Brown County Democrat and the information was published on January 20 (link to article below).   It identifies the intent and basis for the petition.
      • Docket – Commissioner Petition – Moved from Feb 5 to March 5, 2025. A “docket” refers to the official record or list of items scheduled for consideration by the APC, Board of Zoning Appeals (BZA), or legislative body.
      • APC Application for Hearing.  This form/information was used by the APC to develop the formal/legal notification letter that was sent via certified mail to 99 residences.  Re-Zone, Certified Letter mailed to 99 homes (March 5, 2025)
        • Note: Page 1 of the form identified the owner as William Jacob Capital, LLC. I mistakenly signed page 3, which is just for all the owners of record, not the individual submitting the petition. This issue was reviewed by the APC, which determined that it was not an issue or grounds for dismissing the petition. All the APC members understood I was not an owner.  Jimmie Tilton also confirmed this point in his comments at the meetings.
        • The county attorney also reviewed the issue.
        • The fact that Jimmy Tilton was not directly notified of the petition was an oversight. This issue was also addressed by the APC attorney, who described that Tilton’s attendance at the APC meetings met the notification requirement. Tilton was also present at the Mar 5, 2025, Commissioner Meeting. 
    • Jan 20, 2025  Brown County Democrat: Commissioners aim to reverse Tilton property rezoning, lighted sign ordinance, By Dave Stafford.
    • Jan 29, 2025, Board of Zoning Appeals (BZA) Meeting – PRD, Travel Trailer Park DENIED.  These projects were provided as the justification for the zoning change.
      •  
    • Mar 5, 2025. Commissioner Meeting. Commissioners vote (2 to 1), reinforcing the petition to reverse the zoning change. Sanders and Clark voted yes, Patrick voted No.
    • March 11, 2025.  Brown County Democrat: Voiding Tilton rezoning advances, Staff Reports.  (Article incorrectly identified that the commissioner meeting was held on Mar 12, not Mar 5).
    • MAR 25, 2025. APC Meeting   – Decision Tabled – moved to April 22, 2025.   APC members requested additional info from the commissioners.  Discussion reinforced the need for understanding and improvement of the process. Audio of the Meeting.
  • April 22, 2025, APC Meeting – Presentation – Review of the process.
  • June 18, 2025, Commissioner Meeting – Vote to Rezone back to the previous version.  The discussion and vote were rescheduled from May 21, 2025, to the second Commissioner Meeting on June 18, 2025, at 6:00 p.m. due to miscommunication on the public notification requirements.
    • The first commissioner meeting (June 4, 2025, at 2:00 pm) is generally used to cover administrative-related issues.  Major decisions are held during the second meeting to allow more citizen participation.

  • May 21, 2025. Commissioners vote Wednesday on rezoning Tilton farm, By  Dakota Bruton, Brown County Democrat

Updated May 21:  The Brown County Commissioners have moved the Tilton Farm re-zoning petition to Wednesday, June 18 at 6 p.m. in the Salmon Room, Brown County Government Center, 201 Locust Lane, Nashville.

June 11, 2025. Letter: Brown County Democrat: Letter: Brown County Democrat,  “Official addresses Tilton Property.”
 

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