Planners Consider Ag Waiver, Changes In Ag II Zoning

July 28, 2016 at 4:25 p.m.

By GREG BROWN, Times-Union Staff Writer-

Farmers, developers and agriculture's neighbors. That could account for most of Kosciusko County.

Those groups will be affected if a new ag-release form is adopted by the Kocsiusko Planning Commission.

The agricultural compatibility form for improvement permit is in use in Noble County. Their example has become the model for Kosciusko County.

The form is a waiver, once signed, that is attached to a real estate deed. The waiver form could prevent lawsuits against agriculture.

The waiver, if adopted, would become part of an application for an improvement permit, according to Dan Richard, Kosciusko County planning director.

Once attached to the deed the waiver should prevent the owner and all future owners from raising objections to standard, responsible farming practices that often cause friction between farmers and their new neighbors.

The form has been in use in Noble County since 1993. The Noble County Planning Commission reports that not many sustained objections have been filed, because people want get their permits.

Possible changes in Ag II zoning could also affect the housing expansion in the county. But the exact direction of those changes has been finalized.

"We are beginning the process and have held a couple of public hearings," said Richard. But for now no changes have been slated on Ag II.

One complaint Richard has heard about Ag II zoning is that the practice wastes land that could be used for more houses. The minimum lot size requirements overshadow the standard size of an average house lot is another complaint, Richard said.

That complaint has been heard equally from farmers and developers. Ag II has been around for almost 10 years in Kosciusko County, Richard said.

"They don't like, in some ways, what Ag II is doing because they feel it is kind of a waste of land," he said. "With those larger lot requirements, a lot of times they don't even use the whole lot."

There are times when Ag II zoning district lots could actually provide two or three more lots, Richard said.

"We are currently working on revising the master plan," said County Commissioner Brad Jackson. "Doing away with Ag II will come about more slowly."

Jackson, a developer himself, said he hopes the new master plan will provide for controlled growth of housing in the county.

"The reason I'm opposed to Ag II, from a farm standpoint, is it wastes farmland," said Jackson. "If you are going to take a field out of production, then build on it, don't do it halfway."

"If you take a scenario of 50 acres zoned for housing, it could yield 100 lots. But when that same 50 acres is zoned Ag II it would yield approximately 40 lots," he said. "So basically we are satisfying the need for 60 more lots and giving up the same amount of ground."

From a developer's standpoint, changing Ag II would increase the density in lots, which would help them deliver affordable lots, Jackson said. [[In-content Ad]]

Farmers, developers and agriculture's neighbors. That could account for most of Kosciusko County.

Those groups will be affected if a new ag-release form is adopted by the Kocsiusko Planning Commission.

The agricultural compatibility form for improvement permit is in use in Noble County. Their example has become the model for Kosciusko County.

The form is a waiver, once signed, that is attached to a real estate deed. The waiver form could prevent lawsuits against agriculture.

The waiver, if adopted, would become part of an application for an improvement permit, according to Dan Richard, Kosciusko County planning director.

Once attached to the deed the waiver should prevent the owner and all future owners from raising objections to standard, responsible farming practices that often cause friction between farmers and their new neighbors.

The form has been in use in Noble County since 1993. The Noble County Planning Commission reports that not many sustained objections have been filed, because people want get their permits.

Possible changes in Ag II zoning could also affect the housing expansion in the county. But the exact direction of those changes has been finalized.

"We are beginning the process and have held a couple of public hearings," said Richard. But for now no changes have been slated on Ag II.

One complaint Richard has heard about Ag II zoning is that the practice wastes land that could be used for more houses. The minimum lot size requirements overshadow the standard size of an average house lot is another complaint, Richard said.

That complaint has been heard equally from farmers and developers. Ag II has been around for almost 10 years in Kosciusko County, Richard said.

"They don't like, in some ways, what Ag II is doing because they feel it is kind of a waste of land," he said. "With those larger lot requirements, a lot of times they don't even use the whole lot."

There are times when Ag II zoning district lots could actually provide two or three more lots, Richard said.

"We are currently working on revising the master plan," said County Commissioner Brad Jackson. "Doing away with Ag II will come about more slowly."

Jackson, a developer himself, said he hopes the new master plan will provide for controlled growth of housing in the county.

"The reason I'm opposed to Ag II, from a farm standpoint, is it wastes farmland," said Jackson. "If you are going to take a field out of production, then build on it, don't do it halfway."

"If you take a scenario of 50 acres zoned for housing, it could yield 100 lots. But when that same 50 acres is zoned Ag II it would yield approximately 40 lots," he said. "So basically we are satisfying the need for 60 more lots and giving up the same amount of ground."

From a developer's standpoint, changing Ag II would increase the density in lots, which would help them deliver affordable lots, Jackson said. [[In-content Ad]]

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