Anda di halaman 1dari 49

City of Columbus – Bartholomew County 123 Washington Street

Planning Department Columbus, Indiana 47201


Phone: (812) 376-2550
Fax: (812) 376-2643

BARTHOLOMEW COUNTY
BOARD OF ZONING APPEALS
(July 23, 2018 Meeting)

STAFF REPORT

Docket No. / Project Title: B/CU-18-06 (Templeton LLC)


Staff: Ashley Beckort

Applicant: Templeton LLC


Property Size: +/-132 Acres
Zoning: AP (Agriculture: Preferred)
Location: On the north side of 700 North, at its intersection with 1150 East, in Haw
Creek Township.

Background Summary:
The applicant has indicated that the proposed conditional use will allow a confined feeding operation (CFO) in
the AP (Agriculture: Preferred) zoning district. The proposed CFO would have a maximum capacity of 11,000
swine.

Preliminary Staff Recommendation:


Approval, all criteria have been met.

Zoning District Intent:


The intent of the AP (Agriculture: Preferred) zoning district is as follows: To provide an area suitable for
agriculture and agriculture-related uses. This district is further intended to preserve the viability of agricultural
operations, and limit nonagricultural development in areas with minimal, incompatible infrastructure.
Residential development in this zoning district is intended to be limited. In no instance shall this zoning
district be considered a large-lot residential zone. This district is further intended to protect the use and value
of both agricultural and non-agricultural property within the community.

Current Property Information:

Land Use: Agriculture

Site Features: Wooded area along Stream; Farm Fields

Flood Hazards: No mapped flood hazards on site.

Vehicle Access: 700 North (Local Road)

B/CU-18-06
Templeton LLC
Page 1 of 6
Surrounding Zoning and Land Use:

Zoning: Land Use:

North: AP (Agriculture: Preferred) Agricultural Fields/ Woods

South: AG (Agriculture: General) Agricultural Fields

East: AP (Agriculture: Preferred) Agricultural Fields/ Woods

West: AP (Agriculture: Preferred) Agricultural Fields

Interdepartmental Review:

County Highway:  We have no comments to note on the Templeton LLC Variance, drive and
access meet our criteria. Those numbers of truck trips don’t bother me;
almost any business would create that many trips or more.
 I hope they don’t plan to use 1150 E for truck traffic. There is an iron bridge
with a 12 ton weight limit that won’t handle semi-trucks, or any truck larger
than a pickup.

Technical Code No comments.


Enforcement:

Purdue Extension: No comments.

Like other farm operations, IDEM would be the lead agency on all matters
County Health
regarding animal housing and waste, and our office would work with the
Department:
owners to go to Indiana State Department of Health for all matters regarding
wastewater disposal from human operations (such as restrooms, showers,
cleaning sinks, etc. )

County Soil and Water


No comments.
Conservation:

History of this Location:


The relevant history of this property includes the following: An administrative subdivision plat (Aeons Minor
st
Plat 1 Replat) was approved to combine two parcels to create the subject property (with case number B/AD-
18-05). This plat was recorded April 23, 2018.

Planning Consideration(s):
The following general site considerations, planning concepts, and other facts should be considered in the
review of this application:
1. “If there is enough of one type of a regulated animal on a farm in Indiana, and the animals are
confined for at least 45 days a year, it is considered to be a Confined Feeding Operation (CFO) and is
regulated under certain Indiana laws and rules” (Definition per Indiana Department of Environmental
Management-IDEM). The number of animals are as follows: 300 or more cattle, 600 or more swine or
sheep, 30,000 or more poultry (chicken, turkey or ducks), and 500 horses in confinement. A CAFO
(Confined Animal Feeing Operation) is a larger type of CFO.

B/CU-18-06
Templeton LLC
Page 2 of 6
2. The applicant is proposing a Confined Feeding Operation (CFO) with a maximum capacity of 11,000
swine. The proposed structure is to be 565 feet, 6 inches long by 71 feet, 2 inches wide
(approximately 40,246 square feet). The structure is proposed to be setback 766 feet from the front
property line, and 626 feet from the closest property line (to the east).
3. A Bartholomew County Confined Feeding Operation (CFO) study committee was created in 2014.
The Bartholomew County Commissioners stated that “the Bartholomew County CFO/CAFO
Regulation Study Committee shall be charged with reviewing, evaluating, and making
recommendations for possible revisions to the standards within the Bartholomew County Zoning
Ordinance.” The intent of the committee was to review zoning regulations in Bartholomew County as
they apply to the location of CAFOs and CFOs, and to make a recommendation to the County Plan
Commission and County Commissioners. The committee met for over a year to discuss CFO
regulations. The following are the meeting topics based on the Study Committee Outline:
o Overview of Existing County Regulations
o Historical and Current Livestock Methods, & Possible Future Developments
o State Regulations (presented by IDEM)
o Field Trip - Visit an operating facility
o Groundwater (supply and quality)
o Surface Water (supply and quality)
o The Neighbors (including impact on visual, emissions, noise, pathogens, odor, carcass
disposal, property values)
o Infrastructure (including impact on local roads, traffic, energy distribution, potential spill issues
incorporating cost and public safety)
o Discussion of Zoning Best Practices (including examples of zoning regulations in other
communities)
o Draft Committee Recommendations
The committee listened to presentations from specialists, discussed options, obtained public
comment, organized an open house, and ultimately made recommendations to the Plan Commission
and the County Commissioners. In 2016, the County Commissioners voted to update the Zoning
Ordinance to include a list of minimum separation distances from specific land uses as recommended
by the Committee. It should be noted that the Committee recommendations were not a consensus
and a minority of committee members supported even greater regulation of CFOs.
4. The following chart summarizes the CFO development standards as listed by the Zoning Ordinance
and compares those requirements to the applicant’s proposal: The purpose of these confined feeding
operation (CFO) standards is to minimize (1) conflict generally between agricultural and residential
uses and (2) conflict specifically between agricultural uses and those community facilities that are
particularly sensitive to odor, dust, and other characteristics of large-scale animal agriculture.
Required by Zoning Ordinance
Topic Area Proposed by Applicant Status
Section 6.3
Required Property
10 acre minimum +/- 133 acres 
Size
Required Property Facility shall be setback a minimum of Front (south): 766 feet
Setbacks 100 feet from all property lines; Rear (north): +/-1,855 feet
measured from CFO structure to Side (east): 626 feet

property line of subject property Side (west): +/- 1,023 feet
Residential ½ mile to Single-family or Multi-family
1 mile to RE (Residential:
Min. Separation Distance

Zoning Districts Residential; measured from nearest


Established) to the west in 
CFO structure to boundary line of
Rugby.
zoning district.
Incorporated ½ mile to any incorporated city or
Cities and town that has not adopted a zoning
None within 5 miles. 
Towns without ordinance; measured from nearest
Zoning CFO structure to corporate limits.
Residential 500 feet to any residential property
Properties in (property of 5 acres or less) located in +/- 820 feet to south 
Agriculture an Agriculture zoning district;

B/CU-18-06
Templeton LLC
Page 3 of 6
Zoning Districts measured from nearest CFO structure
to residential property line. (Excluding
those associated with CFO.)
Farm Dwellings 500 feet to any farm dwelling
in Agriculture (residence located on property
Zoning Districts greater than 5 acres) located in an
1,135 feet to south-east 
Agriculture zoning district; measured
from nearest CFO structure to the
farm dwelling.
Community ¼ mile to any school, healthcare
Facilities facility, worship facility, or recreation
None within 5 miles. 
facility; measured from nearest CFO
structure to property line of other use.
Private Wells 500 feet to any private well used for
bathing, cooking, drinking, and other
None within 700 feet. 
household purposes. (Excluding wells
associated with CFO).
5. The applicant is proposing a concrete basin located under the building for manure storage, and is
specifically not using a lagoon. The applicant has indicated they will provide storage sufficient for 365
days, while IDEM requires a minimum of 180 days.
6. The application of manure resulting from the CFO is not regulated by zoning, but is instead regulated
by Indiana Department of Environmental Management (IDEM) and the Indiana State Chemist.
7. The proposed CFO is approximately 2.27 miles from Hartsville and 2.97 miles from Hope.
8. The area surrounding the subject property is mostly agriculture fields. There are two nearby
residences (one approximately 820 feet to the south on 3.61 acres and one approximately 1,135 feet
to the south-east on 8.10 acres).
9. There will be approximately 3 employees, generally family members, arriving on site in passenger
vehicles.
10. The applicant has provided the anticipated frequency of truck traffic created by this request. Feed will
be delivered by truck; there will be approximately 162 truckloads of feed per calendar year. The
applicant has further explained that the frequency of these deliverers will vary based on the number
and size of the animals. The following chart is intended to summarize the truck traffic for the
movement of the hogs throughout the year.
Per Round (Two Rounds per Calendar Year) Per Calendar Year
Delivery of Nursery Pigs
5 truckloads over 2 weeks 10 truckloads
Onsite
Removal of Half the Nursery
13 truckloads over 2 weeks 26 truckloads
Pigs
Removal of Finished Hogs 30 truckloads over 4 weeks 60 truckloads

11. The applicant has also provided their anticipated truck route. According to the applicant, the feed will
be supplied from a location in Decatur County and will enter Bartholomew County on 800 North;
trucks will then go south along 1050 East, and east on 700 North to the subject property. The
applicant has further described that the hog route will be from the subject property, west on 700
North, and north along 1050 East to 800 North, then west to State Road 9.
12. The following chart summarizes the road conditions along the subject property and anticipated truck
route. According to the County Highway Department “1050 east maybe be 18’ in some locations, but
is mostly 15-16 feet wide. 800 North has 30 feet of pavement width for a small area around the flat
rock river bridge which was replaced with federal funds, but for the most part, it is 18-22 feet, with
maybe some areas of 24 feet.”
Classification Right-of-Way Width Pavement Width Shoulder Width
700 North Local 30 feet 15 feet 4 feet
1050 East Local 30-35 feet Varies 15-18 feet 2 feet
800 North Collector 30-35 feet Varies 18-30 feet 2 feet

B/CU-18-06
Templeton LLC
Page 4 of 6
13. There is a stream that runs diagonal (north-east to south-west) across the subject property. The
applicant is proposing a diversion berm between the structure and the stream. This berm is intended
to protect the water from potential spills and increase the amount of time to respond to a potential
spill. This berm has been reviewed and approved by IDEM. The stream on the property is a tributary
for Clifty Creek.
14. As shown on Flood Insurance Rate Map (FIRM) 18005C0090E, effective December 9, 2014, the
proposed building is located in Flood Zone X Unshaded, which designates areas outside of the
mapped floodplain, therefore there are no floodplain related comments regarding this Conditional Use
Application.

Comprehensive Plan Consideration(s):


The Future Land Use Map indicates the future use of this property as Agriculture Preferred District.

The following Comprehensive Plan goal(s) and/or policy(ies) apply to this application:
1. Goal 1: Preserve productive farmland and maintain the productive capacity for a strong
county agricultural industry.
2. Policy 1-D: Require appropriate buffers to allow the continued full use of adjoining farmland and to
reduce conflicts between neighboring uses.
3. Policy 1-F: Direct development away from more productive farmland and agricultural areas.
4. Policy 1-G: Prevent subdivision development from interfering with ongoing agricultural operations.
5. Policy 1-J: Require development to take place in a manner that allows for preservation and
conservation of farmland, open land and significant natural features.
6. Policy 1-K: Protect neighboring farmland from increased water runoff (both surface and subsurface),
night lighting, sun-blocking interference, trespassing or anything else which might interfere with
existing or potential farm operations.
7. Policy 1-Q: Promote development of businesses such as value-added agricultural industries that
enhance agriculture and agribusiness while protecting the character and environmental quality of the
county.
8. Goal 2: Protect open space such as woodlands, flood plains, and wetlands for environmental,
recreational, scenic, and life-style benefits.
9. Policy 2-B: Ensure that development occurs in a manner that preserves farmland, wildlife habitat,
woodland, and significant natural features.
10. Policy 2-E: Utilize information about soil and water resources to make wise land use decisions and to
prevent damage to the environment.
11. Goal 7: Maintain and enhance the quality of the water, air and land.
12. Policy 7-C: Ensure, to the extent possible, that new development does not cause deterioration in
water quality or quantity for existing development.
13. Policy 7-L: Ensure that human and animal waste disposal is carried out in accordance with
applicable environmental regulations.
14. Goal 12: Improve Water Quality and Ensure an Ample Supply of Potable Water.
15. Policy 12-A: Protect ground and surface water from contamination by chemicals, industrial waste,
septic systems, animal waste, human waste, and sludge.

Provisional Findings of Fact/Decision Criteria


Section 12.4(D) of the Zoning Ordinance permits the Board of Zoning Appeals to allow conditional uses that
meet the criteria listed below. The Board may impose reasonable conditions as part of an approval.

1. The proposal will not be injurious to the public health, safety, and general welfare of the
community.

Provisional Findings: Based on the anticipated number of trips generated by the proposed
confined feeding operation (CFO) and the conditions of the nearby county roads, the County
Highway Department does not have any concerns with traffic. The Bartholomew County CFO
Study Committee conducted an in-depth study of the public health, safety, and general welfare
aspects of CFOs including emissions, noise, pathogens, odor, carcass disposal, and property

B/CU-18-06
Templeton LLC
Page 5 of 6
values. The Zoning Ordinance was updated based on the recommendations from the study
committee. The proposed CFO meets or exceeds these new development standards. There is
nothing peculiar to the subject property or the proposed operation that would suggest that these
development standards are inappropriate or inadequate. This criterion has been met.

2. The development of the property will be consistent with the intent of the development
standards established by the Zoning Ordinance for similar uses.

Provisional Findings: The proposed confined feeding operation (CFO) meets or exceeds the
minimum development standards for CFO’s as required per Section 6.3 of the Zoning
Ordinance. All other development standards of the Zoning Ordinance are met by the proposed
CFO. This criterion has been met.

3. Granting the conditional use will not be contrary to the general purposes served by the
Zoning Ordinance, and will not permanently injure other property or uses in the same
zoning district and vicinity.

Provisional Findings: The Bartholomew County CFO Study Committee examination included
property values and the effect of CFOs on uses in the same zoning district and vicinity. The
Zoning Ordinance was updated based on the recommendations from the study committee. The
purpose of the updated Zoning Ordinance standards is to minimize conflict generally between
agricultural and residential uses and to protect those community facilities that are particularly
sensitive to odor, dust, and other characteristic of large-scale animal agriculture. The proposed
CFO meets or exceeds these new development standards. There is nothing peculiar to the
subject property or the proposed operation that would suggest that these development
standards are inappropriate or inadequate. This criterion has been met.

4. The proposed use will be consistent with the character of the zoning district in which it is
located and the recommendations of the Comprehensive Plan.

Provisional Findings: The proposed CFO is consistent with the character and intent of the
agriculture preferred zoning district. The CFO is consistent with the Comprehensive Plan in that
it is located in an area identified as “Agriculture: Preferred”. The CFO facility will include a
diversion berm to mitigate surface flow of any possible water pollutants (Policy 12-A). The CFO
promotes development of agriculture related businesses (Policy 1-Q). This criterion has been
met.

Board of Zoning Appeals Options:


In reviewing a request for conditional use the Board may (1) approve the petition as proposed, (2) approve
the petition with conditions, (3) continue the petition to a future meeting of the Board, or (4) deny the petition
(with or without prejudice). Failure to achieve a quorum or lack of a positive vote on a motion results in an
automatic continuance to the next regularly scheduled meeting.

B/CU-18-06
Templeton LLC
Page 6 of 6