Bargersville Flea Market decision delayed again as town waits for formal development plan

A decision about the comeback of the Bargersville Flea Market will be delayed another month.

The town’s Board of Zoning Appeals on Monday postponed a decision about the new owner’s request for a special use variance that would allow the popular market to reopen.

Circumstances surrounding the board’s continuance has called the viability of reopening the market into question for Charlie Milam, a local businessman who owns the car lot next door to the property and wants to bring back the decades-old tradition.

“I doubt I’ll ever get it open this year. I don’t know what I want to do. I gave a lot for the place to just have it sit there and mow the grass,” Milam said.

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Milam has been trying to reopen the market for months, and had hoped to bring it back this summer. The flea market is known for bringing thousands of visitors every weekend during the summer to the town of 7,700 people.

Milam learned last month he was required to file a request for a special use variance to operate the “open air business” in a General Commercial zone. This, at one of the town’s key intersections — State Roads 135 and 144 — which is otherwise populated with restaurants, retail and similar businesses.

The board of zoning appeals’ concerns that led to continuing the request were based on several missing pieces the board says it needs to make a decision, such as a development plan, including evidence of updates to restroom facilities and a parking plan.

The board, along with the town’s planning staff, said the town’s Vision 2040 comprehensive plan does not call for a flea market in that space, but rather large retailers. According to the plan and the town’s current zoning ordinance, General Commercial “accommodates general retail and/or auto-dependent businesses. These uses require high visibility, major arterial frontage, good access and ample parking.”

The staff report submitted to the board said reopening the flea market would have a negative impact on nearby property values and be “detrimental to persons, property and the general welfare due to excessive vehicular and pedestrian traffic impacting adjacent roadways and businesses.”

Emails from Bargersville Police Chief Todd Bertram, Johnson County Health Department Director Betsy Swearingen and Johnson County Animal Control Director Michael Delp were submitted to the board. Each told the board they wanted to see more details about how illegal practices such as animal cruelty and illegal sales of firearms and foods would be prevented at the market.

Given the uncertainty town and county officials have regarding the request, the board asked Milam and his attorney for more details on what they would do to make the market a safer experience for everyone involved.

Milam and his attorney, John Young, said they were not aware a development plan was required for this stage in the process and were just hoping for a “yes” or “no” that the flea market would be allowed to reopen at the site.

Young gave a verbal rundown of the things Milam has promised to do, including updating restrooms and providing a crossing point for pedestrians. However, the board and planning staff need this in writing to make an informed decision, they said.

Young told the board Monday evening he could work with Milam to formalize the plan and bring it back before the board. But on Tuesday, Milam was more uncertain about the flea market’s future. To him, it feels like town and county officials are unfairly judging him based on the flea market’s history.

The public appears to be divided on the possible return of the flea market. Several members of the public attended the Monday’s board meeting after hearing about the variance request on social media, but did not get a chance to speak as the request was continued.

Two residents also sent emails to planning staff to share their opinions, one in support and one in opposition.

Long-time resident Zachary Akers urged the board via email to allow the market to reopen because it has made Bargersville a destination for so many years, and both residents and visitors have reaped those benefits.

“I understand the importance of growth and the need to keep up with the population growth, but the flea market provides a great place for the community to come together and fellowship,” Akers said.

Bargersville Anytime Fitness owner John Wilson also emailed the town arguing that the flea market was a nuisance to his business and others nearby.

“When it was open, we had patrons of the flea market taking our parking spots away from our customers, leaving trash in our lot and even urinating in our lot,” Wilson said. “As a business owner, the issues did cause me to consider locating my business in a different town.”