24 May 2021 Dearborn County Plan Commission Meeting Notes
Present: Dennis Kraus, Jr., Chairman, Russell Beiersdorfer, John Hawley, Mark Lehman, Jake Hoog, Dan Lansing, Jim Thatcher, and Eric Lang
ABSENT: Joe Vogel- who later showed up at 8:05 PM as the discussion of the solar energy systems draft ordinance was going on
Also Present: Mark McCormack, Plan Director, Nicole Daily, Zoning Administrator, and Andy Baudendistel, Attorney.
Baudendistel read the Title VI statement as legally required.
ACTION ON MINUTES- none to be approved
OLD BUSINESS – NONE TO BE RE-OPENED
NEW BUSINESS
Request: To vacate a part of the western portion of Bunkum Dr. and also a part of the southwestern portion of Hickory Dr., within the platted Bunkum Woods Subdivision and the Hickory Hills Subdivision. Applicant: Seig Surveying Petitioners: Mark & Sondra Willwerth Location : Bunkum Drive and Hickory hills Legal: Sec. 34, T7, R1 Township: Harrison Zoning: Residential (R) F.
Mark McCormack presented background. Property is where R meets Ag zone. This is in a subdivision that was Bunkum Woods and adjoining it is now called Hickory Hills. The numbering of the lots seems to be a continuance of Bunkum.New maps are on Beacon now- for 2021. This was platted previously as a temporary turnaround. Nad when Hickory Hills went in- they left it there rather than fixing it then. No one loses access from this request. f the vacation is approved, a utility easement is recommended by staff. This property is still subject to the applicable covenants and restrictions of Bunkum Woods and Hickory Hills subdivisions per staff.
Rob Seig, surveyor for Willwerths, was available to answer questions from board and he explained why the ROW looks like it does. It was platted as county ROW and the owners have been taking care of it as long as they’ve been there.He had asked 2 of the neighbors if they wanted to be part of the vacation. They did not wish to do anything different on their side of the right of way. Willwerths were present also.
No public wished to speak on this.
The board is to decide on a recommendation for vacating the ROW to the county commissioners. Kraus, Jr. discussed what he had seen on old surveys and noted that the county really couldn’t have any use for it. Seig said they will have a 15 ft easement for utilities on this.
Beiersdorfer motioned to send favorable recommendation for the vacation and to maintain the easements that are there plus 15 ft easement for the phone line. Mark Lehman seconded. All ayes for the favorable recommendation.
ADMINISTRATIVE
To review and discuss proposed ordinance amendments the Dearborn County Zoning Ordinance and the Subdivision Control Ordinance, and to discuss other administrative items—including updates related to Planning & Zoning staff activities and projects.
Solar Farms and solar power on roof tops and in yards is being considered for zoning regulations. Thatcher was concerned about the state taking over and controlling where these commercial operations can locate in a county, He wanted it to be under local control and not the state.
McCormack talked about several counties zoning plans that he looked at for the draft of our solar systems article. We are getting requests for solar farms per Thatcher. North Vernon has lots of solar on government buildings. McCormack said they had some on the ground in a park or cemetery area out there too. State model ordinance leaves a lot of open ended things in it per Mark McCormack. He looked for things in each ordinance sample to see what was different and what was the same. Talked to the rep for NextEra who is also a certified planner. Emergency plans, onsite storage of any unused materials, glare, height issues, decommissioning, security for the site. (He also looked at the wind energy codes too. We are too far south for wind as they would have to be very high up here.)
Also took a look at storm water runoff. There was some discussion about mitigating use of prime soils, interim use, ground covers, and mowing. Some counties used a point system and etc that McCormack shied away from. Draft Article 19 Solar Energy Systems- was presented to the board to consider. McCormack read thru the sections and answered questions as he went. The intent is to make sure we aren’t sticking them way up in the air. Most of the panels are somewhat standard widths like 4x6 for example.
They want to be sure they are not a nuisance. Such as glare. Also might consider where utilities are located in the solar farms. They are making sure there is minimal visual disturbance and soil erosion. They may include appropriate screening for vehicles and equipment on the solar farm.
Setbacks and whether or not to require coming to BZA for certain situations was discussed. Bufferyards were considered with incompatible uses. They were trying to be consistent within the ordinances. BZA is one way to be sure there were no loopholes in these conditions. If multiple farms are used by a company the setbacks apply to the group and not the individual properties. They want to separate the setback requirements for non- participating landowners from those who might be participating.
John Small and two other women and a couple kids were in audience and he was asking questions about the code. Apparently a couple companies are talking to farmers out in the northern part of the county. Offers of $1000 per acre for a 30 year lease on their land.
Discussion on chain link fence. Also wanted to eliminate woven wire and barb wire. Want to include high tensile fence. Discussion about batteries for energy storage. Discussion about the local Fire and EMS training to accommodate any issues on the energy site. The transmission lines are being buried 6 ft deep per Beiersdorfer.
A lot of discussion on setbacks and buffers- including along roadways.The language was tightened up to remove ambiguity.
Drainage will be considered and follow the county codes and also erosion control and stormwater permits. Lighting plans are required.
Bonding will be required to cover potential decommissioning costs or abandonment or discontinuing. There may be needs for project hires to help with the technical aspects of these projects. The applicant will have money in escrow for this bonding.
Commercial solar energy systems were also put into this ordinance. They are permitted in Industrial and B-2 districts. All other zones will require a conditional permit use first.
McCormack recapped all corrections and is revising the draft ordinance on Solar Energy. He will get it to them online. This entire discussion and presentation took over 2 hours.
Financial Guarantee Updates- McCormack presented the list to the board. Harvest Ridge is coming due. Woodridge is getting a 2nd notice.
Existing Land Use and Zoning Map Conversion - Sewer plans in the county- Greendale or Guilford route for the Guilford issues. Lake Dilldeer is another issue where they only are considering Lake Dilldeer. Dillsboro has more capacity. Another one north of Aurora in Wilmington. McCormack used the sewer board’s info to enlarge some yellow residential areas. Many of the areas they are serving are lower economic areas. There is no mechanism to get the money back in some of these situations.
Problems with rural residential is the rules on animals in that new zone. Problems with wineries that are also event centers. Some of these will become conditional uses so that they can be controlled.
Livestock production can be used to address the keeping of animals. Animal control ordinance applicable chapters are listed too. Undomesticated non- household animals were addressed with various acreages. Roosters were set on 2 acres or more. More than 10 contiguous acres is OK for livestock production. Always have to consider the home and barn etc which reduces the number of acres for the animals.
Board decided to move the text and maps forward with the consultants. Hoping to be taking it to the public in late July possibly.
Meeting adjourned at 11:30 PM
Christine Brauer Mueller
Lawrenceburg Township
