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APC MEETING JUNE 10, 2013

The White County Area Plan Commission met Monday, June 10, 2013, at 6:00 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

Members attending were: Charles Anderson, Jim Annis, Mark Bentlage, Richard Lynn, Jim Mann, Dave Rosenbarger, Mike Smolek, Dennis Sterrett, Brad Ward, and Donald Ward. Absent members were: Dave Stimmel.

Also attending were Attorney Abigail Diener, Executive Director Joe Rogers, and Administrative Assistant Erin Carlson.

Visitors attending were: See Attached

The meeting was called to order by President Charles Anderson.

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Business:

Minutes: There was a motion by Mike Smolek and a second by Mark Bentlage to approve the meeting minutes of 4/8/13 as written; so moved.

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Rezones:

#1008 Smith Erickson Farms Inc; requesting a rezone from A-1, General Agriculture District to A-2 Agricultural Industry District, for a confined feeding operation.

President Anderson advised that the Commission would address the final item on the agenda first, the Smith Erickson Farms rezone request #1008, which had been continued from 2/11/13, since there were so many visitors in attendance with an interest in the rezone request. He asked that all parties strive to keep emotion out of the issue, and shared that Amy Pfanschmidt from the Indiana State Department of Agriculture was in attendance, should there be any questions for her.

Director Rogers summarized the rezone application via the Staff Report provided to all board members. He reiterated that proposed conditions had been set forth by staff at the February meeting and that the Board had approved for these conditions to be attached to the petition request and become a requirement should the rezone request be approved. He asked that those conditions again be considered, approved and attached to the petition request and become a requirement should the rezone be approved. They are as follows:

  1. The applicant is requesting a rezone of 7 acres of a 75.484 acre tract. The 7 acre tract must be split from the parent tract before the zoning map can be amended. It is the opinion of the staff that the Board should attach the requirement that the parcel split be executed in compliance with current Subdivision Control Ordinance as part of their recommendation.
  2. The staff recommends the plan proposed by the applicant be approved with the following additions: All rows of trees should be staggered, the tree requirement shall apply to the entire length of all property lines including the west line where trees currently exist on neighboring property (excluding the 50' ingress/egress area), & the buffer area must extend in a minimum of 20' from each property line. It is the opinion of the staff that the proposed development and site meets or will meet (with the above stated requirements) the development standards of the current zoning ordinance.

As far as the Director knows, the applicant is agreeable to these conditions.

There was a motion by Mike Smolek and a second by Dave Rosenbarger to approve the conditions as stated, and to be included in the official Rezone vote; so moved with a vote of 10-0.

President Anderson asked that a representative for Smith Erickson Farms approach the podium. Attorney Joe Bumbleburg introduced himself and asserted that the petitioner is agreeable to the 2 above-referenced conditions. Attorney Bumbleburg presented a statement in support of the petitioner's request. Details of that statement may be found in the recorded audio file for this session, which, along with all following statements, shall be maintained and available for review as audio files pursuant to the State of Indiana's archiving rules.

Mr. Bumbleburg was followed by attorney Jason Ramsland, Michael Veenhuizen (engineer, Livestock Engineering), and Jim Holman (a neighbor of the proposed site), all of whom shared detailed information about the proposed CFO, the applicant's history with the community and as a farmer. Mr. Veenhuizen was followed by Greg Steif, from the Indiana Farm Bureau, who provided a general overview of his experience with zoning requests like these and opponents' worse fears not being realized.

Once the applicant's representatives had completed their statements, President Anderson asked representatives for those opposed to approach, and to limit their joint comments to 50 minutes, the amount of time used by the applicants.

Attendees in opposition who presented and/or asked questions included:

  1. Scott Brosman, CEO of Camp Tecumseh
  2. Lindsey Sheesler, President of the Board, Camp Techumseh (did not sign in, spelling estimated)
  3. Kyle Linback, Director of Operations, Camp Tecumseh
  4. Joseph Bartlett, attorney and member of Board, Camp Tecumseh
  5. Ken Pangle, owner of Walnut Ridge subdivision property
  6. Rita Clark, owner of property at corner of 1025 S and 450 E
  7. Cadi Bien, member of Board, Camp Tecumseh
  8. Eric Normington, owner of Wildwood subdivision property
  9. David Krause, interested party
  10. Tammy Taylor-Woods, owner of property at 1025 S and 450 E
  11. Ryan Hasser, owner of Wildwood subdivision property

Concerns voiced by those opposed included:

  1. Proximity to Camp Tecumseh, diminished value/use of camp facilities
  2. Possible impact to area's natural resources
  3. Possible impact from manure to surface/ground water/watershed, enjoyment of lake
  4. Possible impact of odor, airborne pathogens
  5. 2010 Nat'l Assoc of Local Boards of Health report regarding CFOs in the community
  6. Proximity to Wildwood and Walnut Ridge subdivision properties (odor, value of homes)
  7. Possible increase in truck traffic near residential areas

Audience members who spoke in support of the petition included:

  1. Jim Holman, neighbor directly south of site
  2. Jerry Urbaugh, neighbor and frequent visitor (did not sign in, spelling estimated)

Comments presented by those in support included:

  1. Applicant's long-standing family history in the community
  2. Applicant's dedication to best management practices
  3. Applicant's commitment to the community
  4. Stringent IDEM requirements all met and/or exceeded by applicant
  5. No issues, concerns or impacts with or from applicant's current hog operations
  6. Value of manure as natural fertilizer
  7. Value of increased agricultural business to county, tax base, jobs

Questions from the APC Commissioners and discussion with/answers by audience members included:

  1. How does Camp Tecumseh handle manure from their horses? Any concerns from that waste in connection with the lake?
  2. Discussion/clarification regarding exactly how far Camp Tecumseh is from the proposed site and the current hog operation.
  3. Location of Camp Tecumseh's mess hall, leadership center, housing.
  4. IDEM standards/annual tests, recourse of citizens if IDEM standards not met.
  5. Size of current hog operations near proposed site, and elsewhere in White County.
  6. Difference between Erickson's current manure fertilization and proposed operation.
  7. Camp Tecumseh's initial letter of support from November 2012, and the reasons for their switch to opposition.
  8. Clarification regarding opponents' concerns - are they worried about the proposed new buildings themselves, or how the manure will be applied?
  9. Air quality/blow off, ventilation mechanism specifics.

Once both sides had been given the opportunity to speak, Director Rogers advised that he had received 8 letters regarding this rezone request (all in favor) since the APC Commissioners had received their meeting packets. Mr. Rogers reminded the Board members that it is the practice of the office to read into the record or, in the case where letters are repetitive in content, provide a summary of letters received after packets are mailed to the Commissioners. All Board members were advised that they had been provided copies of the letters at their stations. He summarized them as follows:

  1. Project will have tax benefits
  2. Will boost the local economy
  3. Mr. Erickson is of impeccable character
  4. Location is primarily agricultural
  5. Mr. Erickson has proven to be a good steward of the land
  6. Current Erickson facility is run without issue
  7. Mr. Erickson has an approved Nutrient Management Plan in place
  8. Proposed plans will have a minimal effect on the surrounding area
  9. Pits will meet IDEM standards
  10. The project will assist in the on-going success of an active agricultural operation
  11. Will have positive trickle down economic effect
  12. We need hog farms to help supply food demands
  13. Operation will generate a good source of organic fertilizers replacing chemical fertilizers which are costly and contain who knows what

There being no further questions or comments from the Commissioners or from the audience, Dave Rosenbarger moved that the board vote on the matter. Denny Sterrett seconded, and the ballots were passed to board members by Ms. Diener. The board was reminded that their vote would include the conditions voted upon at the beginning of the meeting.

President Anderson announced the results, as follows: 9 votes cast; 7 in favor - 2 opposed - 1 abstention. Rezone is approved. Director Rogers announced to the audience that he would be certifying the APC recommendation to the County Commissioners at their next meeting, Monday, 6/17/13. He announced that the Commissioner’s meeting begins at 8:00 am and that Area Plan is normally scheduled around 8:30 to present. After the recommendation is certified to the County Commissioners, they have 90 days to act and make a final decision on the matter.

Closing Business:

Hearing Examiner - Zoning Audit: Director Rogers advised that he has been working with some of the smaller communities on zoning conflicts. He had approached the City of Monticello to determine if they would be interested in a zoning audit to identify conflicts between the actual/historical use of a property and its current zoning district. The City established a subcommittee which provided a positive recommendation to the Council. The Council confirmed that they would like to move forward. Jim Mann (also a Monticello Council member) confirmed this, but stated the City will need a clear definition of the proposed protocol.

Director Rogers explained the process: We would identify current zoning conflicts and submit a list to the City. Upon the City's approval, the staff would send letters to the owners advising of the conflict, outlining the advantages of rezoning and any issues that might arise in the future should a rezone not occur, and offering the owner the option of a rezone at this time. Those who choose to move forward would be heard by the Hearing Examiner, for purposes of more efficient scheduling, and then presented to the City for final determination.

Director Rogers reminded the Commission that they approved the use of a Hearing Examiner for baseline zoning conflicts (i.e. those that were proper at the time, but became obsolete or illegal over time due to ordinance changes). This alleviates the need for petitioners to wait 60-75 days for full APC hearing determination. Once the Hearing Examiner approves a petition, it then goes directly to the legislative body (in this case, the City of Monticello) for final determination.

He confirmed that all petitions would still be published, that notification would be sent to all neighbors, etc.

Jim Mann stated again that the Monticello Council needs to understand the full protocol as proposed, as it's important we are all on the same page. The Council might even take an active role in assisting with communication, being proactive with the owners, etc.

There was a motion by Jim Annis that Director Rogers move forward with the audit as discussed and act as Hearing Examiner; Dennis Sterrett seconded. The motion was approved by a hand vote of 10-0 in favor.

TIF District Updates: Director Rogers has been asked to assist White County Economic Development in defining 2 previously established TIF districts (Monticello Industrial Park and the Wolcott Corridor). He will be working to establish an appropriate overlay approach for these districts, and will keep the Commission apprised of his progress or any issues going forward.

Flood Plain Ordinance: No update

Road Center Line/Right-of-Way: This has been delayed, but the sub-committee is meeting later this week. Director Rogers will report the committee's findings during next month's meeting.

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There being no further business, President Anderson adjourned the meeting at 8:30 pm.

Respectfully submitted,

Donald W. Ward, Secretary

White County Area Plan Commission

Joseph W. Rogers, Executive Director

White County Area Plan Commission

Document Prepared By: White County Area Plan Secretary, Erin Carlson “I AFFIRM, UNDER THE PENALTIES FOR PERJURY, THAT I HAVE TAKEN REASONABLE CARE TO REDACT EACH SOCIAL SECURITY NUMBER IN THIS DOCUMENT, UNLESS REQUIRED BY LAW.”


EXHIBIT A

WHITE COUNTY AREA PLAN COMMISSION

PUBLIC NOTICE OF REGULAR SESSION

 

June 10, 2013 - 6:00 p.m.

2nd Floor Conference Room

White County Building

Monticello, IN 47960

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AGENDA

6:00 P.M.: The White County Area Plan Commission will meet in Regular Session pursuant to Indiana’s Open Meetings Law, I.C. 5-3-1-2 (b):

READING OF THE MINUTES – April 8, 2013

BUSINESS –

1. Hearing Examiner - Zoning Audit

2. TIF District Updates

a) Monticello Industrial Park

b) Wolcott Corridor

3. Business Continued from 2/11/13:

a) Flood Plain Ordinance

b) Road Center Line/Right-of-Way

c) Signs on Farm Property - Off-Premise & On-Premise

REZONINGS –

1. #1008 - Smith Erickson Farms Inc, continued from 2/11/13: Requesting a rezone from A-1, General Agriculture District to A-2 Agricultural Industry District.