Chick-fil-A heads back to Kokomo board for vote

Plans to build Kokomo’s first ever Chick-fil-A are headed back to the Kokomo Plan Commission earlier than expected.

The company has refiled its applications to be heard in front of the Kokomo Plan Commission for both plat and development plan approval for its proposed location near the intersection of Indiana 931 and Markland Avenue. The requests will be heard at the board’s next meeting at 5 p.m. March 14 in the Council Chambers at city hall, 100 S. Union St.

The company’s first attempt was voted down 5-4 by the board, which normally would mean a waiting period of 180 days, or a “substantial change” in plans, before it could be reheard.

But the board deciding to vote down the Chick-fil-A plans — citing concerns of an increase in traffic and safety — on the reading for the proposed plat of the fast food restaurant violated the city’s subdivision control ordinance and could face a legal battle, City Attorney TJ Rethlake told the board at its Feb. 11 meeting.

When a board denies a request, it is required to draft a findings of fact that summarizes the board’s reasons behind the denial. Those are to be given to the applicant.

Rethlake said denials of any plat request must be based on the city’s subdivision control ordinance, which regulates subdividing land.

“If there (are) reasons it doesn’t fit the subdivision control ordinance, then there could be a basis for a denial,” he said. “If there’s not, then we could have bigger issues on the horizon.”

Rethlake clarified that traffic concerns and other similar issues could be brought up or cited as reasons for a denial. In other words, the board got a little ahead of themselves.

“I just want to make sure we bifurcate those issues when we make our basis for the denial that’s going to be written and signed by the (executive) director,” Rethlake said to the members of the plan commission.

The city received a letter from Misha Rabinowitch, a lawyer hired by Chick-fil-A, asking for the board to send it the findings of fact and that it would accept a rehearing rather than going through a formal judicial review process through the courts.

“It didn’t appear to me there was any deficiency identified in the actual plat,” Rabinowitch said. “I realize there were a number of other issues raised, but the only issue that was before the commissioners at the time was the plat.”

The plan commission unanimously voted to rehear Chick-fil-A’s plat and development plan proposal.

The board’s denial in January sent reverberations and strong responses among the public and the city administration. That’s not surprising as Chick-fil-A opening a location in Kokomo has been long sought by many residents.

Kokomo Mayor Tyler Moore said in an interview with the Kokomo Lantern he was “frustrated” and “embarrassed” by the board’s decision because of the months of discussion and work done to best abate alleviate traffic concerns. One of those ways is to open up Imperial Drive to give customers another entrance and exit.

“But I was embarrassed because a governing body in the city of Kokomo sent a message to a national chain franchise — that this community has been hoping would give a nod to our area for well over a decade — that we’re not really sure if we want to accommodate what is needed to have them here,” Moore said.

Plan commission member Kelly Barker, who voted “no” in January, pushed back against the notion the board doesn’t want Chick-fil-A.

“We would love to have Chick-fil-A,” she said. “It was posted in the media by leadership that we did not want this national franchise. We do. … The community would love to have Chick-fil-A here. … We’re talking about the most dangerous intersection in Kokomo…It seems to be irresponsible to be right there on that lot.”

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