A developer whose prior requests for rezoning met resistance has gotten a favorable vote from officials.

The majority vote to change the zoning from R-1, which allows single family homes, to R-3, which allows multiple-family dwellings like townhomes, occurred during the Monday, Aug. 26, meeting of the Salem Plan Commission.

Developer Anthony Mosby, of Pekin, intends to build about 10 single family homes and about 30 townhomes on 5 and a half acres that will be accessible from an entrance along Old State Road 60 east of Eastview Church of Christ.

A controversial entrance from the adjacent Eastview Terrace Subdivision has been eliminated from the plans.

The homes will be sold for around $300,000. Most of the townhomes will be sold and the remaining units will be available for an estimated rent of about $1,100 a month, which Mosby said is comparable to existing rental prices in Salem.

The city’s attorney, Jake Vissing, explained to Commission members that the only decision before them was whether to provide a favorable, unfavorable, or neutral vote to rezone the land.

Several people spoke about the proposed rezoning, with a few stating outright opposition to it. Those opponents maintained that there’s no difference between apartments and townhomes and expressed concerns about the ability of the local infrastructure to serve the development.

David Walker, who has opposed the rezoning at prior meetings, said renters are a transient population with no concern for their neighbors: he prefers homeowners because they “have skin in the game.”

“You’re opening the door to a different society,” Walker said.

Eastview Church of Christ Pastor Aric Russell agreed that the land needs to be developed, but he asked the Plan Commission to consider the impact the development will have on traffic, saying it could endanger the congregation’s children. He also said there is the potential for increased crime.

Plan Commission member Tom Jacobs responded, pointing out that the proposed development is “fairly high end.”

“I think, as I said earlier, Salem is in desperate need of additional housing,” Jacobs said, adding that everyone should have the opportunity to obtain affordable housing.

When concerns were raised about the possibility of mobile homes being installed, Mosby said he has no interest in including those in the development. He said he would be willing to abide by a restriction that would forbid such a use of the property.

Building Commissioner Ronnie Voyles said the reasoning behind the request for R-3 zoning is that it has less of a setback requirement than R-1. That lesser setback requirement allows for the development proposed by Mosby.

Prior to the vote, Commission Vice President Scott Nale – who led the meeting due to the absence of President Anthony Scifres – talked about the potential traffic impact on Old State Road 60. When it came to a vote, he cast the sole vote against the rezoning.

It will now be up to the Salem Common Council to make the final decision about the rezoning request.

If the Common Council approves the rezoning request, Mosby will have to return to the Plan Commission with his development plans for the Commission’s review.
The Common Council will likely consider the rezoning request during the next meeting on Monday, Sept. 9.

It wasn’t the first time Mosby appeared before the Plan Commission requesting the zoning change. His first rezoning request was considered at the Plan Commission’s January 2023 meeting. The matter was tabled, then later the Plan Commission voted to give it an unfavorable recommendation. It went to the Salem Common Council in March 2023, where Mosby presented scaled-back plans with fewer units. The vote was tabled, and he was asked to provide more detailed plans. In April 2023, the Common Council vote resulted in a tie due to the absence of a council member, so it was tabled to May, where it failed in a three-to-one vote.

Mosby has maintained he wants a higher-end development. The quality development – and the prices it commands – will help him to recoup the investment in the property, including the costly infrastructure required like the installation of roads of utility lines.

A 2019 housing study found that Salem has a desperate need for more housing, including luxury housing.

Mosby has told officials if the development comes to fruition and is successful, it will provide an incentive for more developers to take on projects in the city.

Indiana Attorney General Todd Rokita issued the following statement:

"I've had the privilege to travel to every corner of the state, and our neighbors, family members and friends are all calling for property tax relief. Me too. 

They cannot be ignored, especially not by those of us elected to serve them right here in the Statehouse. One of our duties at the attorney generals office is to work with legislators on their legislative priorities to ensure for instance that any resulting language is compliant with our constitution.

So, as the Organization Day in November and the upcoming session in January quickly approach, my office is looking forward to working with any lawmaker who is attempting to craft legislation to lower property taxes and the overall tax burden on Hoosiers.

It's critical to get this tax relief right, and we are ready to work with legislators to get it right now."

On Wednesday, August 21, the Judicial Nominating Commission unanimously voted to reappoint Loretta Rush as Chief Justice of Indiana. The four other justices—Mark Massa, Geoffrey Slaughter, Christopher Goff, and Derek Molter—shared thoughts with the Commission, including their support for Chief Justice Rush to continue leading Indiana’s judicial branch.

Rush was appointed to the high court in 2012, selected as Chief Justice in 2014, and reappointed as Chief Justice in 2019. Responding to Wednesday’s reappointment, Rush said, “The past decade has marked a significant evolution in our judicial branch. Through the unwavering dedication of my appellate court colleagues, our trial court judges, and staff across the state, we’ve worked to strengthen our judicial system. But important work remains, and I look forward to continuing our efforts.”

During the past ten years, Rush has overseen the launch of pretrial and problem-solving court initiatives, the finalization of statewide electronic filing and unified case management systems, the overhaul of the administrative agency structure, and the enhancement of access to justice for all. She has also led efforts—both statewide and nationally—to transform how courts address participants with behavioral health issues and substance use disorders. Her full biography and photograph are online.

The Nominating Commission recruits candidates for appellate judicial positions and appoints Indiana’s Chief Justice every five years. Today, the Commission heard from all five justices in a meeting open to the public and press before going into an executive session for discussion. The Commission then convened in a public session to vote on its selection of Indiana’s Chief Justice, naming Loretta Rush. Detailed information on the seven-member Commission and the selection process can be found online.