24 April 2023 Dearborn County Plan Commission Meeting Notes
Present: Dennis Kraus, Jr., Chairman, Russell Beiersdorfer, Jeff Hermesch, Mark Lehman, Joe Vogel, Jake Hoog, Dan Lansing, Jim Thatcher, and Eric Lang
Also Present: Nicole Daily, Zoning Administrator, and Andy Baudendistel, Attorney.
Register Publications was not present.
Baudendistel read the Title VI statement as legally required.
ACTION ON MINUTES- March 27, 2023 Minutes - approved.
OLD BUSINESS: none
NEW BUSINESS: none
ADMINISTRATIVE:
DEARBORN COUNTY ZONING MAPS – To review and discuss proposed ordinance amendments and updates to the Dearborn County Zoning Ordinance and Zoning Map, specifically with respect to the text(s) of: Articles 9 and 10, regarding Agricultural and Residential Zoning Districts; Article 25, regarding General Standards and new Use Development Standards; Article 27, regarding Definitions. This will be an overview of all changes to date for only the proposed zoning map changes, which will determine the final proposed zoning map that will be voted on a date yet to be determined.
Nicole Daily- Going over the 7 townships that they did not make it to at the last meeting.
Nicole Daily SpartaTownship - One piece of property off Chesterviulle Rd- Ag to Ag Homestead because of the subdivisions in that area. -
Opened Public discussion:
Josh Holland regarding that parcel mentioned by Daily. Doesn’t want to have to deal with this when I’m 780 or 80n years old. Why is the 28 acre park which has been Ag going to Ag Homestead. It was all one family and these 2 parcels came off before the subdivision was created. Holland requested they take them home and sleep on them and recolor it for Agriculture. Board took it under advisement. Holland showed a few more areas that might need to be looked at again. Reflected on Moores Hill discussing some of the them for sewering eventually.
Closed Public discussion.
Nicole Daily- Manchester Township - no comments from the workshops on Manchester’s map.
Opened Public discussion.
No one in public present to speak on Manchester. Kraus asked if the board had any comments on the map. No one spoke.
Closed public discussion.
Nicole Daily- Harrison Township- They have Bright area map also.
Opened Public discussion.
No one spoke. Kraus said this is a township where they have the highest residential zone R3. ( It also has TIF districts)
Closed public discussion.
Nicole Daily- Jackson Township- no comments from workshops on Jackson from workshops.
Opened public discussion.
Jeff Stenger- general comments. And these apply to some other townships also. Thanked all of them for everything they have been going through. Apologized in not coming forward a bit sooner.
89% of county land was zoned Ag. We used to call the subdivisions Family divisions. Now we can no longer do these minor subdivisions in Agricultural land. I think you have really taken away a lot of value by doing that. In essence it’s like a taking. Some now are asking for Ag Homestead so they can get divisions. By taking away minor subdivisions you are forcing people to do something that shouldn’t have happened. The most control is when a zone change is requested. Getting conditions on a rezone for example like road improvements etc. If you turn it into Residential you no longer have that ability to ask for some conditions to be met and improvements made when a subdivision is proposed.
The people who own 89% of the land in Dearborn County can no longer subdivide the land due to text changes. Ag Homestead has a minimum lot size raise of 1 acres in Ag Homestead. Ag has a 2 acre minimum. The minor subdivision or family division is gone from Ag text now. Jackson Township has wetland soils so that is an issue for septic. One section they have as Ag Homestead has no sewer, wetland soils and variable water. Now if I want to divide my farm for my two kids that works- but if my grandkids want some- that will be a problem in Ag now.
Mark Lehman asked Stenger- if he was surveyor of large land split along Stateline.
Stenger was and he agreed that it was not the way it should be done. But they did what the client wanted. Stenger said he struggles with taking away a real property right.
Lehman- If we took Ag and should we allow minor and major subdivisions?
Stenger said only minor ones in Ag. If it’s major it should be on a sewer. If you have Ag property on a sewer- nothing wrong with leaving it Ag. When it is Residential in Ag use you would create a non- conforming use. ( and thus a grandfathered use) The less pre-existing-non-conforming uses we have in the county- the better. The Ag Homestead is almost a R-1. I really don’t know of any minor subdivisions that have been abused. One on Mt Pleasant was 3-5 acre lots would be good as Ag Homestead.
Mark Lehman hadn’t thought about not allowing minor divisions in Ag and the consequences. Discussion about Ag Homestead examples that illustrate the points.
Stenger - taking away a lot of rights we’ve had for years with taking minor divisions out of Ag. Also mentioned Jeff Lyness 77 acre piece he’d just bought for his kids and now they changed the subdivision rules and lots size rules on Ag, as an example.
Nicole Daily- One of the struggles is about conservation of land. We are going to be an MS4 and we are going to have an ordinance that mandates that as well. Some of our Ag may not have to go through those mandates. There are situations where people abuse the certified surveys and minor subdivisions- she has seen them. MS4 in the municipalities is being handled by the cities.
Closed Public Discussion on Jackson Township.
Nicole Daily- Kelso Township- no comments from public workshops.
Opened Public Discussion.
Mark Hall- I tell people I am the luckiest man in the world- in 1954a family from DogRidge took a boy from an orphanage back to their farm. Dog Ridge Rd- 250 acres. Greg Hyland is trying to keep his 250 acres Ag. We want to be Ag. Water only goes so far and sewer starts in the yellow R zone. Water is very expensive to get there. Nothing against Ag Homestead- but it is not the best choice here. Want to reconsider Ag Homestead to Ag. He thinks the best way to communicate about this process is to put signs out in an area so people know what is being considered. Many people don’t know what is going on. It wouldn’t take 3 signs in that area to reach the people to let them know. He wants his Ag business be rezoned from R to Ag.
RJ Beck- Dogridge Rd - wanted excess personal info on packets to be redacted. Those packets nd info were on the internet. Ag Homestead is all this area in the Tanners Creek watershed. He pointed out the land they and neighbors own there. This is the best riparian zone in the area. And 1 acre lots are allowed in these areas. If you look at the area. It’s a large woodland protected area. Stormwater and MS4 and smart growth. If you overlay the sewer areas on this you can see this is NOT smart growth.He asked for a purpose of Ag Homestead. Board said it is what Ag is now in the county. 15 years experience in Pubic health and inspecting septic systems etc. Board will take it under consideration.
Closed Public discussion.
Nicole Daily- Miller Township- had some comments about keeping of animals that have all been addressed.
Opened Public discussion- no public.
Closed Public discussion.
Beiersdorfer said one email had to do with animals and that was addressed before.
Nicole Daily- Logan Township- and they have the Bright area map out with that one too.
Opened Public Discussion.
No public-
Closed Public Discussion.
Opened public discussion for any map now that the 7 townships are covered.
[NOTE- there were 2 other speakers- Brett Fehrman and a woman who was just finishing when I returned to my seat.]
Terry Sawyers- Carrie Lane- The subdivision that was on the property 27 lots in 1962. She and sister had conversation with Mark McCormack.There is no sewer there. There has to be primary and secondary sewer sites and they cannot be there on those lots. There is an ROW for the electric towers. 16 of the 27 lots are affected by the ROW. I want to leave my farm in Ag and it is in Ag now. 1965 is when her parents purchased the property. Their hayfield is what the R area is. It has always been Ag since 1965 and she showed USDA papers on that. What benefit is it to me to have it be residential? I am not going to have access to sewage.
Jeff Meinders- express his interest to keep his interest to have his property on Mt Tabor Huesman and US 50 back as Residential. He is in the middle of all that Residential. Part of this land is a platted subdivision. It was approved but didn’t get to 2ndary plat stage. They understand why he is there per Kraus. He has sewer on SE m NE and NW corners of 5th property. It’s Ag Homestead. The previous director did not know he had access to seer. We provided Nicole with a sewer map from sewer district engineer.
Chris Mueller- presented addendum packet- which was NOT in the board’s packets for he meeting. Nicole Daily said she didn’t put it in their packets because they were not going to have previous townships speaking at the meeting tonight. I asked that it be in the next meeting’s packet and briefly explained that it was a zone change criteria with answers for our family farm piece going back to Ag. I also addressed Russell Beiersdorfer’s question he had asked last month about any detriment the family experienced from being Residential telling him that was in our packet also as an attached appraisal letter.
Jake Hoog- how many people requesting changes.
Kraus- We had been having a hard time getting meaningful public input and appreciate everyone coming down here.
Nicole Daily- One case next month for a rezone- so needs to know what the board wants to do with it next.
Meeting adjourned at 8 PM
Christine Brauer Mueller
Lawrenceburg Township
