Commissioners OK New Agriculture Operation Zoning Rules
Posted
Jordan Fouts-
County officials put new restrictions on agricultural operations during the Kosciusko County Commissioners meeting Tuesday.
At the recommendation of the Area Plan Commission, county commissioners approved amendments to zoning laws restricting air pollution from agricultural operations, such as foul smells, to within 500 feet of land zoned residential or commercial. The restriction would not protect residences within agriculture-zoned areas, Commissioner Ron Truex noted.
They also brought rules regarding runoff from large operations in line with Indiana Department of Environmental Management regulations, which county attorney Mike Miner said would allow citizens to bring forward complaints about confined animal feeding operations even if IDEM does nothing.
The two restrictions came from negotiations with Steve Snyder, an attorney representing the Wawasee Property Owners Association and the Wawasee Area Conservancy Foundation, Truex said. The commissioner characterized the rulings as a compromise.
“I think they’re too strong and Steve doesn’t think they’re strong enough,” he said.
Commissioners also accepted area plan recommendations to deny a right of way vacation request in Turkey Creek Township and approve one in Washington Township.
The Washington Township request was approved with little comment since it only affects the petitioner, Mark Anderson, who owns all land the right of way runs through.
The Turkey Creek request, from landowner Larry Farver, was the subject of more contention. In the end commissioners denied the request but voted to restrict public parking in the right of way.
Area Plan Director Dan Richards presented more than 100 signatures from remonstrators, a few of whom spoke Tuesday against vacating the end of North Elwood Avenue that runs along Farver’s Lake Wawasee property.
The Syracuse-Turkey Creek Fire Department also submitted a letter recommending leaving North Elwood Avenue open, Richards said.
Snyder, representing Farver, said the county right of way is undeveloped except for improvements Farver made himself to his driveway, and that there was nothing preventing people from parking in the driveway. He recommended either narrowing the right of way or restricting parking.
Jack Birch, an attorney representing neighbors of the property, responded that Farver made improvements to the right of way at his own risk and that parking is not known to be an issue.
Commissioners denied the vacation request and voted to restrict parking on North Elwood from East Louie Street south to the canal.
