Shelby County Plan Commission s1

Shelby County Plan Commission Meeting Minutes Tuesday September 27, 2011

Members Present: Kevin Carson Tony Newton Taylor Sumerford Doug Warnecke Mitch Mitchell Scott Gabbard Steve Mathies

Members Absent: Anngie Steinbarger Terry Smith

Staff Present: Mark McNeely Sam Booth

Call to Order and Roll Call: Kevin Carson called the September 27, 2011 meeting to order at 7:00 pm in Room 208 A at the Court House Annex.

Approval of Minutes: Kevin Carson moved to approve the minutes of the August 23, 2011 meeting, and Tony Newton seconded the motion. The motion was approved 7-0. The minutes were signed.

Public Hearings: Doug Warnecke began the public hearing portion of the meeting by explaining the proceedings for the petitions.

Kevin Carson made a motion to move petition #RZ11-09 Helena Chemical Company to the end of the agenda. Steve Mathies seconded the motion. The petition was moved to the end of the agenda.

Old Business None New Business

RZ11-10…Diane Roell Paris Rezone: The applicant is Diane Roell Paris of 5620 South State Road 9, Shelbyville. The owner of the property is Helen B. Roell Estate of 2879 S. Thompson Rd., Shelbyville. The applicant’s attorney is Phil Brown of 416 S. Harrison St., Shelbyville. The applicant’s project engineer is Taylor Sumerford. The address of the subject property is 2879 S. Thompson Rd., Shelbyville. The current use of the property is single-family residential. The current zoning of the property is A1, Conservation Agricultural. The proposed use of the property is single-family residential. The proposed zoning is R1, Single-family residential. The total area in acres is 71.92+/- acres. The petitioner is requesting to rezone 1.045+/- acres from a 71.92+/- acre parcel from A1 to an RE zoning designation.

Sam Booth read the petition into the record. He indicated that he had received proof of publication in the Shelbyville News and proof of notification to the adjoining property owners. Booth gave a brief overview of the request. He stated that the petitioner is requesting to rezone a1.045+/- acre parcel from Conservation Agricultural, A1 to a Single-Family Residential, R1, zoning designation.

Patricia Pike presented the case to the Board. She stated that the statements made by Booth were correct. She stated that her grandmother left her the single-family residence.

Taylor Sumerford excused himself from the meeting due to conflict of interest.

The Board opened up the meeting for public comment. No one spoke in favor or against the petition.

After questions and discussion from the Board, Kevin Carson made a motion to vote on the petition and Tony Newton seconded the motion. The petition was approved 6-0-1, with Taylor Sumerford abstaining.

Mark McNeely presented the Board with the Findings of Fact. They affirmed these were the basis for their decision.

RZ11-11…Kent Nigh Rezone: The applicant is Kent Nigh of 3632 North 300 East, Shelbyville. The owner is Charlene, Kent and Kevin Nigh of 3632 North 300 East, Shelbyville. The project engineer is Taylor Sumerford. The address of the subject property is 3632 North 300 East, Shelbyville. The current use of the property is residential and agricultural. The current zoning of the property is A1, Conservation Agricultural. The proposed use of the property is residential and agricultural. The proposed zoning is A2, Agricultural. The total area in acres is 60. The petitioner is requesting to rezone 14.45+/- acres from a 60-acre parcel, from an A1, Conservation Agricultural zoning designation to an A2, Agricultural zoning designation. Sam Booth read the petition into the record. He indicated that he had received proof of publication to the adjoining property owners and proof of publication in the Shelbyville News. Booth gave a brief overview of the request. He stated that the petitioners want to rezone 14.45+/-acres from a 60-acre parcel in order to subdivide the subject property containing a single-family home and several outbuildings from the parent tract containing tillable acreage.

Taylor Sumerford excused himself from the meeting due to a conflict of interest.

Kevin Nigh presented the case to the Board. He stated that the statements made by Booth were correct.

The Board opened up the meeting for public comment. No one spoke in favor or opposition of the petition.

After questions and discussion from the Board, Scott Gabbard made a motion to vote on the petition and Tony Newton seconded the motion. The petition was approved 6-0-1.

RZ11-12…Kevin Nigh Rezone: The petitioner is Kevin Nigh of 3617 N. Little Blue Road, Shelbyville. The owners of the property are Charlene, Kent and Kevin Nigh of 3617 N. Little Blue Road, Shelbyville. The project engineer is Taylor Sumerford. The address of the subject property is 3617 N. Little Blue Road, Shelbyville. The current use of the property is residential and agricultural. The current zoning of the property is A1, Conservation Agricultural. The proposed use of the property is residential and agricultural. The proposed zoning is Agricultural, A2. The total area in acres is 60- acres. The petitioner is requesting to rezone 15+/- acres from an overall 30-acre parcel.

Sam Booth read the petition into the record. He indicated that he had received proof of notification to the adjoining property owners and proof of publication in the Shelbyville News. Booth gave a brief overview of the request. He stated that the petitioner is requesting to rezone 15+/-acres from an overall 60-acre parcel in order to subdivide the subject property containing a single-family home and several outbuildings from the parent tract containing tillable acreage.

Taylor Sumerford excused himself from the meeting due to a conflict of interest.

Kevin Nigh presented his case to the Board. He stated that the statements made by Booth were correct.

The Board opened up the meeting for public comment. No one spoke in favor or opposition of the petition. After questions and discussion from the Board, Tony Newton made a motion to vote on the petition and Steve Mathies seconded the motion. The petition was approved 6-0-1.

RZ 11-09…Helena Chemical Company Rezone: The applicants are Helena Chemical Company. The owner of the property is David and Ann Lawson. The project engineer is Andrew Scholle of 122 W. Main Street, Suite B, Greensburg, IN. The address of the subject property is the 2600 block of Smithland Road, Shelbyville. The current zoning is A1. The proposed zoning is A4. The petitioner seeks an approval to rezone 11.43+/- acres from an overall 36.55+/-parent tract in order to develop a fertilizer storage facility.

Sam Booth read the petition into the record. He indicated that he had received proof of notification to the adjoining property owners and proof of publication to the adjoining property owners. Booth gave a brief overview of the petition. He stated that the petitioners are seeking to rezone 11.43+/-acres from an A1, Conservation Agricultural zoning designation to an A4, Agricultural Commercial zoning designation.

Bran Mattingly of Helena Chemical Company presented the case to the Board. He stated that Helena Chemical Company was looking to build a retail fertilizer distribution facility in Shelby County and that they found a location that they felt was conducive to that type of business. He stated that they had made an arrangement with Mr. David Lawson, the owner of the property and have asked to purchase the property pending the zoning change. Mark Beetler of Helena Chemical also introduced himself and stated that he would be the manager of the new operation in Shelby County.

The Board opened up the meeting for public discussion.

Several residents spoke about their concerns related to the fertilizer distribution facility.

Jeff Weaver spoke first. He stated that he lived in the area and was concerned about traffic that the facility would create on Smithland Road. He also stated that there were already stormwater issues and septic issues that the homes in that area are facing. Finally, he asked what preventative fire-safety steps would be looked at since the site would be storing fertilizers.

Brian Hartung spoke next. He stated that he was a resident who lived on CR 200 West. He stated his concerns about air quality issues the facility might create, hazards related to fire and possible evacuation procedures. He seconded the concerns about the land in that area not draining water well. Finally, he questioned how it would affect property values in the area.

Joe Hawden spoke next and questioned how material would be transported to the facility. He also asked about lawsuits that Helena Chemical may be involved in currently. He asked how many superfund sites the company had and stated he believed there was one in Florida.

Betty Green was another resident to speak, and she said that she often sees water in field across from her off of Smithland Road that is just a short distance from where the facility will be located. She also said that Smithland Road has poor drainage along it.

Next to speak was Brian Hoffmire. He stated he lives at 2106 W 300 S. He asked why the zoning was being changed from A-1 to A-4 and what was the impact of A-4 on properties nearby. He asked what the definition of retail was, and why the original notices sent to adjacent property owners stated the site would be seven acres while the second notice stated eleven acres.

The last resident to speak was Lee Ann Smith, who stated she lived on the adjacent road to the south. She said she was concerned about traffic and safety on Smithland Road as well as other roads that fed into Smithland Road.

After questions from residents Brian Mattingly of Helena Chemical responded. He stated that Helena was the second largest agricultural retailer in the U.S. and that they are a federal contractor and operate on the federal level so they are a highly regulated business. He stated that legal questions could be answered by the company’s legal department in Memphis.

He went on to say that the facility will have chemicals that are actually used in agricultural use only, products that will be similar to those at the Shelby County Co-Op or similar retail businesses. He stated that they will not plan for the facility to have anhydrous.

Mr. Mattingly stated that all emergency response plans and information will be filed according to state, federal, and local laws. He then said that he would let Any Scholle, the surveyor answer further questions about the site itself.

Andy Scholle introduced himself and stated that he had turned site topographic information over to the engineer that would be developing the site plan, but that he did not have drainage information at this point. He indicated that he believed some sort of detention pond would be created on the site to ease storm-water issues but that this meeting was strictly for rezoing and that drainage and site plan issues would be discussed at a later public hearing.

Mr. Scholle said the reason for the site increasing from seven to eleven acres was because of the space the company felt it needed after looking over the county’s ordinances and setting aside room for setbacks and right-of-ways.

Tom Poole, who Helena expected to be contractor of the site spoke next. He stated that the engineers will have to calculate drainage and the site plan together and will turn that info in to the county to be reviewed at a later meeting. He stated that all buildings on the site have to be approved and inspected by the State Chemist. Mr. Poole stated that there will be containment pads and buildings will have pits to collect chemicals internally to prevent any chemical spills.

Mr. Mattingly spoke again about hiring possibly 20-25 employees at the facility. Then Mark Beetler spoke more about the facility safety and containment procedures. He also spoke about traffic to the facility primarily being during the spring and fall. He stated that the facility will not manufacture products, but will get products in, blend them, and then distribute them to the farmers.

After questions and discussion from the Board, Kevin Carson made a motion to vote on the petition with the following stipulations: 1) Should the platting of the subdivision not commence within two years, then the property shall revert to its original Conservation Agricultural (A1) zoning designation. 2) Stipulation to exclude anhydrous ammonia. 3) Limit the use to fertilizer sales. 4) Must comply with EPA, IDEM and State Chemist. 5) Must be limited to uses discussed tonight. Steve Mathies seconded the motion. The petition was 4-2-1in favor of the petitioners. Taylor Sumerford abstained.

Doug Warneke stated that the Plan Commission needed 5 votes either in favor or against the petition and since this was not the case there was no decision. Therefore, the petitioner would need to return to the next month’s meeting and re-notify the public about the meeting.

Discussion:

Adjournment: With no further business to come before the Board, Tony Newton moved to adjourn, and Kevin Carson seconded the motion. The meeting was adjourned.

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