31 May 2022 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
ABSENT: Dan Lansing, Jeff Hermesch, Joe Vogel
Also Present: Mark McCormack, Plan Director, Nicole Daily, Zoning Administrator, and Andy Baudendistel, Attorney.
Baudendistel read the Title VI statement as legally required.
THE ROOM WAS FILLD PLUS HALF THE PEOPLE WERE STANDING. MEETING STARTED AT 7:35DUE TO THE PROLONGED TIME IT TOOK TO GET THE CROWD THRU THE SECURITY CHECK WHICH DIDN’T OPEN UNTIL AOUT 10 MINUTES BEFORE 7PM
ACTION ON MINUTES- none
OLD BUSINESS:none
NEW BUSINESS: none
ADMINISTRATIVE: Dennis Kraus, Jr.- addressed the crowd regarding the advertised purpose of this meeting. He noted that social media had posted something regarding a proposed animal ordinance. He said he should thank them for posting it so now we have people at the meeting. Last meeting had only 3 people present. He set down the rules for the meeting regarding 3 minutes. You only speak to the board- not others. No uncivil comments will be tolerated. The animal ordinance that is proposed is for for land with less than 10 acres. This will have more public hearings but is not going to be voted on tonight. Limit the number of repeats. Thatcher proposed that they allow the animal ordinance draft be discussed. ( Even though that is not the advertised purpose of this meeting.)
McCormack began the meeting with a history of how well he advertised and tried to get people to these workshops etc. Only get 15-25 people t the workshops. 2020 workshop meetings not well attended. 2021 meetings ran a similar pattern. There were 7 total workshops. People complain we are taking too long. But they are trying to do it right. Collect the comments and change the obvious things and some others perhaps.
McCormack started working here in 2003. They had already enacted an ordinance on the keeping of animals. In the county planning ordinance we also have one regarding large and small animals. Had to address what was a large versus a small animal. In 2014 they finally got the animal ordinance update. Updated a bit in 2019 also for setbacks for buildings that house animals.
There are no restrictions on Ag for keeping animals. If you are in residential there are rules regarding animals.he read parts of the code to the audience. If you have less than 2 acres yo can have up to 4 domesticated animals. Usually animal complaints are very rare. Complaint based enforcement is how we do it here.
Maps were put up- we have two proposed different Ag districts. Keeping of animals won’t change for those, except for the residential areas that flip to Ag Homestead. And then acreage comes into play. He also let the crowd know they can be notified of meetings by sending him their email.
Opened public discussion
Ron Wullenweber-Zimmer Rd- living on 1 acre now in Dover. Concerned with the economy and just retired and it is easy to may laws but how to enforce. Thinking about hatching chickens on 1 acre. Thinking about sheep to mow my yard with the price of gas. Want to know what I can do on my one acre. Worried about how the rural area will be going to be developed and he will lose his options.
Teresa Zembrodt- wanted to know how strictly enforced this law will be. Already have a huge problem with unwanted animals here- worked with PAWS. What happens if they have more cats than allowed? Think about the food shortage we have now. If animals are being cared for let it go. If city people get concerned about a dog barking they should stay in the city maybe.
Aaron Watson- Moores Hill- People on less than. 10 acres with chickens. People do need food for themselves. He has enough acres but is concerned about others.
James Dailey- Huseman Road- I live in one of those areas with yellow on either side of him. Rooster on their land. Out west they killed a bunch of chicken. I just want to have 2-3 chickens. I need a dog and a cat. Residential zone allows him to have 5 hens. Rooster is a school project. He’s 10 years old. He wants to keep the rooster.Extension office makes the decisions on the roosters. Ag Homestead allows 20 chickens per McCormack. Residential property is different. Wild and exotic animals require a state permit.
Tricia Ober- Manchester- rabbit program for 4H. 8 acre mini farm- raise 4 H and meat for themselves. How do we go about applying to change the acreage or zoning to allow animals? We want to be sure whatever is passed is what we want. I’m a one family income now. We talk about grandfathering. Does it follow a property or an owner ? She will email her suggestions to the plan dept.
Kim Dove- Georgetown Rd- living on 4 acres. Have 4 horses. If you are on the edge of Ag or whatever, you can ask for the change.
Jeff Lyness- Burzelback and Yorkville - wants to be Ag Homestead. Can have 7 splits . Made his case for that.
Julie Gilbert- Walters Rd- Propose that any and all developers have to have high fences of concrete. Laughter- But she was talking about how this is about development. 2025 has projected famine. We hear you are not going to enforce the laws- but we are rule followers or we wouldn’t be here. We want you to be VERY careful about what laws you do to us. Beiersdorfer- Remember there is a right to farm here. Only way you can’t is if you have confine feeder operation. We got this info from Purdue. Julie- More green is better for us right now. There is an economic turn for people to start a business in farming. Remember all this.
Catherine Deters- Manchester- 8 acre mini farm- have a variety of animals. Goal to be 100% self sustaining. She does the math on the animals to know how much she can use and sell. 260 lbs of chicken with her small family, She is concerned that the number being where it is is not sustainable. Thatcher- we have to be concerned about those who don’t do things right. She noted she has Dexters- small cows. I put all my energy into doing it right. She wants to get about 10 acres eventually.
Chris Mueller- Pribble Road- Lawrenceburg Township- read letter submitted to Plan Commission November 2021 into the record regarding Master Plan and Zoning Map Changes 2021 and requested it and the materials submitted be part of the public record:
The four family properties plus the LLC totaling approximately 132.335 acres purchased in 2016 from the former Brauer Farm on Pribble Road request that they be zoned as Agricultural Land. The properties have been actively farmed since Joseph and Bertha Brauer purchased the farm in 1937. The 6th generation of the Brauer family resides on this farm. Our current use and planned future use for these properties in Agricultural.
The current use of the land is one of the main criteria that the original master plan committee wanted to use for the zoning changes that would result in 2 Agricultural zones and 3 Residential zones. These will reflect the varying intensities of uses in those zones. The “current land use map” developed with the master plan in March 2004 showed these properties as Agricultural.
The properties in question operate as a beef cattle business with approximately 60 head of cattle. We think that when a property is zoned it should accurately reflect the current and future intended use of the land. From a planning perspective accuracy of the zoning helps with future planned land uses.
Grandfathered uses provide no real written evidence should there be any questions regarding agricultural activities on our property.
We respectfully request that our property’s zoning be corrected from Residential to Agricultural. Thank you for your consideration of our request. Letter was signed by the four families.
The beef cattle business continued. We currently operate the farm business as WillowBrook Acres LLC with 60-65 head of beef.
We do not want to operate as a grandfathered use, because we want to be appropriately recognized as an Agricultural Land classification. This is essentially a request to correct the Residential Classification from 1965, when there were no planners on staff, is when the farm was inaccurately classified as residential. My grandparents did not agree to that.
The county has a small amount of WORKING farms and it is important to allow them to continue. Not only should you consider the value to future generations, but also to the community in the case of national emergencies which can threaten food supplies, and also its value as citizen maintained open green spaces.
Included in the Plan Commission packet are the pages referred to below: Master Plan 2004 and revisions in 2006 on page 135 show the existing land use-Ag
It also shows on page 155 the future land use as Ag
On page 125 #2 they state the process included field inspections to verify uses.
Page 150 #2,4,5,7,and 12 support the change back to Ag on this farm.
Page 156 shows future land use maps included a decrease of 30,000 acres of Ag, an increase of 13,000 acres of R, and 2000 acres of commercial/business.
We respectfully request the Plan Commission to change our properties to Ag.
Also asked when we could expect a decision on our properties- Response from the board was that it would require another meeting for the Plan Commission.
Nick Wunderlich and Karen Brauer also commented briefly regarding this request when their names were called.
Ron Seaver- Huesman Rd to Mt Tabor-asked about how much is about area not hooked up to sewer? Almost everyone owns animals and are zoned R. TMcCormack- his is not about the sewer in answer to his question. Gives $4000 a year in property tax. It doesn’t sit well for you to tell me what to do on my piece of dirt. Why does it have to blanket so many other people who do it right on their land with animals for the few who do not. Once it gets passed to try to walk it back- not going to happen. Please consider constituents that put you here.
Clint Jivoin - hearing concerns about losing something. Zoning discussion. Lehman said- we have a broken zoning map that is put of date and we are trying to bring it up to date.We are considering the 2 Ag zones. He went on about other areas that county os worried about. MS4 and sewers for example. The govt doesn’t give- they take.
Dennis Watson- not here
?? Name- all for small farms- not wanting mega farms like Bill Gates owning all that farmland. Roosters can be heard for a long distance.
Miranda Roberts- not here
James Green- Sr 46- How many quail can be kept on a qtr acre?- asked Beiersdorfer. Russ said he relies on John Hawley regarding. Discussion on all poultry. 20 per acre maybe. Asked him to send numbers they have on these to McCormack. Clint Jivoin had a large number for quail -
Jose Cuove ( sp?) on Wilson Creek- has a lrage number on his one acre. He dealt with Greystone Farm there. He is between Ag homestead and Ag. Worried he will be out of compliance. Eric Lang spoke regarding numbers and if they can show data to the board regarding these animals. Board would welcome that. He praise people who do well with animals etc. He said no one is trying to stop people from farming.
Debbie Abrahms Annes sp?- The more laws you put on- it only affects the law abiding citizens.
Andrew Arnold- Keller Rd- we have sewer- but we were full Ag on the current map- why are you moving residential to my area now. I am on an acre with a farm by me. I like that. Why are you moving the R there.
Josh Holland- Sparta Township. There are a lot of pan handles in the county. Would like to see the panhandles marked eventually on the parcel level. There’s an interstate extension coming thru here. Between 74 and 71. US 50 to Markland. There’s literature on that from the Outer Loop. Good to see a lot of people here.
Clint Jivoin- Many of us choose to do our own thing- sustainable homesteading is good. But laws for the few issues affect all us who do things right.
Closed public discussion at 9:50 PM
Russ Beiersdorfer thanked everyone for their input. Kraus- Nice to have people here. Most of these people get their news on Facebook. Hoog- anyone who has more info send it to us at planning office. mmccormack@dearborncounty.in.gov
There were several people who spoke to the board and vice versa regarding how they perceived matters here and were appreciative of the efforts they have made. There were explanations and places to research that they requested regarding state laws also.
Dennis Kraus Jr. We need to think about how we want to handle the places people want to have changed. How are we going to do that. Need staff to collect more comments from people who took our email tonight. McCormack thought they’d need a separate meeting for this if there is a case next month.
The special meeting will be in July. McCormack will set it up. It may be in June if the item for the PC is short for that night.
Meeting adjourned at - 10:15 PM
Christine Brauer Mueller
Lawrenceburg Township
