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APC MEETING May 11, 2015

 

The White County Area Plan Commission met Monday May 11, 2015, at 6:00 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

 

Roll Call:

Present: Charles Anderson (President), Mike Smolek (Vice President), James Annis, Mark Bentlage, Don Ward, Brad Ward, Richard Lynn, Dave Rosenbarger, Dennis Sterrett, Dave Stimmel, Joseph Rogers (Nonvoting), Abigail Diener (Non-voting), Tina Cronkhite (Nonvoting), & Jenifer Geiger (Nonvoting). Absent Members: Cathy Gross

 

Registered visitors were: Don Furrer, Troy Furrer, Tyler Earney, Michael A Veenhuizen, Josh Furrer, Angela Furrer, Jenn Furrer, Fita Furrer, Lisa Furrer, Joseph Beiriger, Ed Beiriger, Wayne Saford, John Sanford, Bill Schroeder II, Vern Mathew, Rene Mathew, Kenneth S Rogers, Chatica H Rogers, Steve Nichols, Ed Lawson, Gary Diemer, & Michael Yelton

 

The meeting was called to order by President, Charles Anderson.

 

 

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Opening Business:

 

Minutes: There was a motion by Mike Smolek and a second by Jim Annis to approve the meeting minutes of 04/13/2015, so moved.

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Rezones

 

#1032-TM Pork LLC–A-1 (General Agriculture District) to A-2 (Agricultural Industry District); 1707 S 1000 W, Wolcott, IN 47995. The property is currently vacant agricultural ground, surrounded entirely by A-1 (General Agricultural District) property. The proposed use for a confined feeding operation as per Appendix A: Official Schedule of Uses of the White County Zoning Ordinance. Tyler Earney & Mike Veenhuizen were in person to represent the applicant’s request for rezone and rezone #1033 JJ Pork LLC. The subject parcels were created on March 19, 2015 and were then revised on April 8, 2015 for compliance to the A-2 Standards for lot width. Both parcels abut one another as well as County Road 1000 W, which is primarily gravel based. A surrounding property owner, asked for clarification regarding the setbacks from his property to the proposed buildings. Additionally, he wanted to know who was liable in the event of a fire or manure spill. Mike Veenhuizen explained that TM Pork LLC and JJ Pork LLC own the land, will own the proposed buildings, and will be fully insured and liable. Ed Lawson asked what would be done with all of the waste. Mike stated that the barns require 250 acres so it will be land applied on crop acres and IDEM permits have over 300 acres tied to each parcel. The rest will be land applied to fields in close proximity to this site. Mike Smolek clarified that the manure rights are deeded to each property. If the property sells down the road, the manure rights are binding with the land and is regulated by Federal, State, and Local regulations. Kenneth Rogers questioned how they proposed to avoid odor. Mike stated that ventilation on each building is from end to end and the air exhaust is to the East. Emissions from buildings of dust, odor & gases from the animal population of 9600 head of both sites together requires a ½ mile setback. They currently are well outside the required setback for emissions. Charlie Anderson asked how many trucks would be traveling in and out annually. Mike stated that feed trucks will be in and out a couple days per week. Each building is a 4800 head building needing 4-6 trucks to haul pigs in and out. He stated approximately 40 trucks over a 3-4 week period twice a year. Jim Annis asked if County Road 100 and 200 were gravel or blacktop. County Road 100 is blacktop and CR 200 is still gravel and CR 200 is the intended road to travel in and out of the proposed sites. Don Furrer said he spoke to Mike Kyburz, County Highway Superintendent, and it was his suggestion to use CR 200 as the travel route. Jon Sanford, surrounding property owner voiced concerns about the road holding up under the added travel, as well as water run-off onto his property. TM Pork explained that dirt would be hauled in to the corner and would be built up to divert all run-off. Additional concerns regarding the road were expressed along with the opinion that it should be chip and sealed. Charlie Anderson stated that those concerns would need to be addressed to the County Highway Dept. Joe Rogers informed the visitors that the APC Board only makes a recommendation regarding the rezone request to the County Commissioners. Concerns regarding road improvements will need to be made to that body. Kenneth Rogers asked what type of well system is being proposed for the sites and if there is a tree barrier proposed to help eliminate the odor. Mike Veenhuizen said there is not currently not a plan in place for any barrier. Joe Rogers stated that typically a formal plan is submitted prior to the hearing that addresses such things as traffic routing, numbers of trucks, numbers of cycles, what type of buffering is/isn’t proposed. Joe asked Mike if there was a reason that a plan was not submitted in this case. Mike stated that he was only responsible for preparing the IDEM permit and the Furrer’s were responsible for the application process of the rezone request so he did not have a part in that preparation. Mike Hilton, from Wolcott, asked where the hogs come from. TM Pork stated the hogs come from Michigan and the feed comes from Reynolds. Mike wanted to know what sort of economic value this proposal would be to the local community and asked the APC to consider all aspects including the roads, water, drainage, smells, etc.

 

 

Ballot Summary:

1. The proposed rezoning is consistent with the goals, objectives, and policies of the White County Strategic (Comprehensive) Plan and any other applicable planning studies and reports, as adopted and amended from time to time. 7 Agree; 3 No Opinion; 0 Disagree; Comments: N/A

2. The proposed rezoning is compatible with the current conditions (e.g. existing lots, structures and uses) and the overall character of existing development in the immediate vicinity of the subject property.

8 Agree; 2 No Opinion; 0 Disagree; Comments: Furr tree buffering mandatory; Agricultural area.

 

3. The proposed rezoning is the most desirable use for which the land in the subject property is adapted.

5 Agree; 3 No Opinion; 2 Disagree; Comments: Area too close to school & Wolcott.

 

4. The proposed rezoning will not have an adverse effect on the value of properties throughout the jurisdiction.

2 Agree; 5 No Opinion; 3 Disagree; Comments: This rezone will adversely affect property values within limits; Road problems/Too close to residences.

 

5. The proposed rezoning reflects responsible standard for growth and development. 8 Agree; 2 No Opinion; 0 Disagree; Comments: N/A

 

 

President, Charles Anderson announced the results, as follows: 10 votes cast; 7 in favor - 3 opposed – 0 Abstentions. Rezone request will be certified to the appropriate legislative body with a “Favorable” recommendation.

 

 

 

#1033-JJ Pork LLC–A-1 (General Agriculture District) to A-2 (Agricultural Industry District); 1665 S 1000 W, Wolcott, IN 47995. . The property is currently vacant agricultural ground, surrounded entirely by A-1 (General Agricultural District) property. The proposed use for a confined feeding operation as per Appendix A: Official Schedule of Uses of the White County Zoning Ordinance.

 

*See above – all representation and discussion includes Rezones #1032 & #1033

 

Ballot Summary:

1. The proposed rezoning is consistent with the goals, objectives, and policies of the White County Strategic (Comprehensive) Plan and any other applicable planning studies and reports, as adopted and amended from time to time. 7 Agree; 3 No Opinion; 0 Disagree; Comments: Ag area.

2. The proposed rezoning is compatible with the current conditions (e.g. existing lots, structures and uses) and the overall character of existing development in the immediate vicinity of the subject property.

8 Agree; 2 No Opinion; 0Disagree; Comments: Furr tree buffering.

 

3. The proposed rezoning is the most desirable use for which the land in the subject property is adapted.

5 Agree; 3 No Opinion; 2 Disagree; Comments: Close to school & Wolcott; Potential County Road issues to be addressed; Ag Production

 

4. The proposed rezoning will not have an adverse effect on the value of properties throughout the jurisdiction.

3 Agree; 4 No Opinion; 3 Disagree; Comments: Property values will be adversely affected; Road problems/Too close to residences

 

5. The proposed rezoning reflects responsible standard for growth and development. 7 Agree; 3 No Opinion; 0 Disagree; Comments:

 

President, Charles Anderson announced the results, as follows: 10 votes cast; 7 in favor - 3 opposed – 0 Abstentions. Rezone request will be certified to the appropriate legislative body with a “Favorable” recommendation.

 

 

#1034-Schroeder, William K II–A-1 (General Agriculture District) to A-2 (Agricultural Industry District); 2265 E Chalmers Rd., Chalmers, IN 47929. The property is currently agricultural farm ground, surrounded entirely by A-1 (General Agricultural District) property. The proposed use for a confined feeding operation as per Appendix A: Official Schedule of Uses of the White County Zoning Ordinance. This 18.450 tract will be conditionally cut out of an 80 acre parent parcel. It is only the 18.450 acres that is subject to this petition. Joe Rogers stated to the Board that they would need to motion, second, and attach as a condition to this petition that the rezone will not take effect until the parcel has been split out and recorded. Mike Smolek made a motion that the rezone will not take effect until the parcel has been split out recorded. Jim Annis seconded and with all in favor, the motion passed. William Schroeder II was in person representing the rezone application. Charlie Anderson asked what size operation is proposed. William stated the site would be 2 buildings of 4800 max capacity head per building. All structures have been removed from the property. Mike Veenhuizen, also representing this rezone request, reiterated that the site is currently vacant. Mike also stated that the proposed buildings are to be designed and built to the same specs as the previously outlined buildings in Rezones #1032 & #1033. The main access road is off of 300 East to 600 South and feed will come from Reynolds. Ventilation fans on the barns are located on the West and air intakes on the East. Anticipated emissions will be directed away from Chalmers. Very few residential sites will be impacted from this facility. Dale Ringer, Chalmers, asked about spreading manure. William stated he would be spreading approximately 500 acres connected to that facility with manure waste.

 

Ballot Summary:

1. The proposed rezoning is consistent with the goals, objectives, and policies of the White County Strategic (Comprehensive) Plan and any other applicable planning studies and reports, as adopted and amended from time to time. 7 Agree; 3 No Opinion; 0 Disagree; Comments: Ag area.

2. The proposed rezoning is compatible with the current conditions (e.g. existing lots, structures and uses) and the overall character of existing development in the immediate vicinity of the subject property. 7Agree; 1 No Opinion; 2 Disagree; Comments: Furr tree buffering requested; Needs buffering trees/shrubs.

 

3. The proposed rezoning is the most desirable use for which the land in the subject property is adapted. 4 Agree; 5 No Opinion; 1 Disagree; Comments: Too close to Chalmers 600 S not that good;

 

4. The proposed rezoning will not have an adverse effect on the value of properties throughout the jurisdiction.

3 Agree; 5 No Opinion; 2 Disagree; Comments: Will have an adverse effect on property values to the N.E. of the structures just outside the ½ mile radius.

 

5. The proposed rezoning reflects responsible standard for growth and development. 6 Agree; 2 No Opinion; 1 Disagree; (1) Ballot not marked; Comments: N/A

 

 

President, Charles Anderson announced the results, as follows: 10 votes cast; 7 in favor - 3 opposed – 0 Abstentions. Rezone request will be certified to the appropriate legislative body with a “Favorable” recommendation.

 

 

Amendments - None

 

 

Other Business:

 

  1. Home Occupations – Special Exception for Home Occupations in Residential Districts, Construction Companies in particular. Currently the Zoning Ordinance states that: 3.1.2 – Required Conditions: A. Such occupation shall be conducted solely by occupants residing at the residence.

The suggestion is that a provision is proposed to the BZA for a change in the Home Occupation section of the Zoning Ordinance that will allow for these types of Home Occupations to have employees outside of the residence or to consider each business individually with certain provisions.

 

After much discussion, the Board Members agreed to have Joe Rogers propose recommendations at the next meeting for their approval.

 

  1. Sub-Compact Housing – Joe has been attempting to contact committee members to organize a meeting. A meeting has been scheduled and updates will be forthcoming.

 

  1. Signs – Yard Signs: Joe posed the question to the Board as to whether a change to the Ordinance needs to made regarding allowing or making exemptions for yard signs. Policing violators has become an issue for the office complaints are received periodically. There is much to consider and after much heated discussion, the Board voted unanimously to have Joe propose recommendations for their approval at the next meeting.

 

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There being no further business, Dave Stimmel made a motion to adjourn the meeting at 7:50 pm., with a second from Brad Ward.

 

 

 

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 Assistant, Tina Cronkhite “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.”

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

WHITE COUNTY AREA PLAN COMMISSION

 

PUBLIC NOTICE OF REGULAR SESSION

 

May 11, 2015 - 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 13, 2015

 

 

REZONINGS –

 

#1032 - TM Pork LLC: A-1 (General Agriculture District) to A-2 (Agricultural Industry District); 1707 S. 1000 W., Wolcott

 

#1033 – JJ Pork LLC: A-1 (General Agriculture District) to A-2 (Agricultural Industry District); 1665 S. 1000 W., Wolcott

 

#1034 – Schroeder, William K II: A-1 (General Agriculture District) to A-2 (Agricultural Industry District); 2265 E Chalmers Rd., Chalmers

 

 

 

AMENDMENTS – None

 

 

BUSINESS –

 

1) Sub-Compact Housing

2) Signs

 

3) Home Occupations