APC listens to applicants, complaints

April 19, 2023 at 12:48 p.m.

By Will Fehlinger-

Franklin County Area Plan Commission met April 12 to discuss ordinances and hear from residents on various issues.

First up was Randy Sizemore of Trade & Industrial Supply, Lawrenceburg, a six-generation family business and suppliers of propane and natural gas among other offerings. His firm wishes to place a portable 18,000-gallon propane storage tank on recently purchased property from Kessens Family Farm just off Pocket Road near I-74 westbound. He requested a rezone to commercial/industrial use from Residential1; the tank would essentially be a refill site for existing customers in the area to cut company costs in transporting and create a better footprint in that market.

Several times he called it “very low impact,”adding there would be no permanent structures placed on this tract closed to the public. Between October and March, one of the company’s small trucks (gross weight 32,000 lbs.) is expected to visit the tank no more than twice a day. A semi load would be even less frequent and hold a gross weight of 80,000 pounds. There would be ample turnaround space for each vehicle.

Member Daryl Kramer cautioned against changing to an industrial zone and preferred Agriculture2 under a bottled gas storage/distribution yard designation. He said at some later point, there may be an issue with industrial usage being so close to neighboring residential plots.

Sizemore said he understood and was fine with the suggestion. “We want to be a compliant, happy and safe partner with your county,”he said.
Anything the company does is in line with the National Fire Protection Association Pamphlet 58 regulations for propane. This includes proper distance from property lines, an 8-foot security fence around the perimeter and concrete barriers. Occasional maintenance would be required.

Some concerns raised were effects on nearby roads, the company plans (if any) to expand, placement of lighting, accidental explosions or possibility of someone maliciously igniting it.

Sizemore assuaged the concerns, explaining the tank will never be more than 80% capacity and chances of ignition are “slim to none.” A plan also must be presented later to Indiana’s Homeland Security.

“I’m confident it would be 100% safe,”he said. “If it wasn’t, I don’t want any part of it myself.”

The company would also need to store five empty 500-gallon tanks on site for quick access to transport to customers.

Kramer motioned for a favorable recommendation to commissioners to change zoning to A2 with conditional use, specifying the tank near the center of the 7.7 acre plot with Level 2 landscaping along the south border, the 8-ft. perimeter fence, a limit of 15 empty tanks and down lighting to prevent glares to nearby homes and traffic. Motion passed.

Carter Randolph, president of Greenacres Foundation, presented a slideshow to the board outlining plans for the former Michaela Farms property in Oldenburg. The main objective was approval to build an agricultural education building onsite as the foundation’s goal is educating children and improving their lives. A rendering of the building –with kitchen and classrooms - was shown. A few existing structures would either be torn down or brought up to code. There’s also the existing farm store near State Road 229.

The board previously approved Greenacres’footprint as UD (unit development) with a finalized plan to be completed within five years. Use of most of the acreage would still be agricultural.

Kramer motioned to accept the plan as UD with understanding that the land could be reverted to original zoning beyond that. Motion passed.

Michael Feeback addressed the board, following up on a complaint he and other neighbors had about the property at 8143 Silver Creek Road, Metamora. This is listed under Augustus and Phyllis Washburn, both now deceased. According to the complainants, the entire property is now a common nuisance with a relative of the deceased staying there.

Problems range from excessive noise, malodorous smells, campers and unused vehicles on the property, no utilities or running water, felling trees, land being leased to hunters and humane issues with dogs being confined to the home –a time they did get out resulted in a man being attacked and taken away by ambulance. Other local departments have received similar complaints, but all have fallen through the cracks.

Board attorney Tammy Davis said she could craft a letter to the squatting resident to force improvements. Member Rob Seig added county commissioners are currently working on a nuisance order that could help in these situations.

Shawn Arcaro spoke on behalf of John and Carolyn Reese, whose home at 19012 S. Main Street in Metamora recently burned. When seeking a permit to rebuild, it revealed a back portion of the lot was in a floodplain. This becomes an issue since builders want to establish a new foundation.

Arcaro said he’d gotten nowhere with the Department of Natural Resources so far on clarifying the floodplain. The designation also would require flood insurance. Seig said he couldn’t guarantee working around the issue but said as surveyor he could do a survey of the lot himself to determine if the proposed foundation met federal guidelines. A letter would also need to be sent to the Federal Emergency Management Agency.

In other news
A technical review committee was brought up, carried over from the March meeting. This advisory group would review applications prior to board meetings in order to hasten or streamline the process. The board opted for a 9-person committee composed of various county officials/appointees, though this would be reduced to eight as FC highway/county engineer is the same individual (Larry Smith). Davis suggested making the membership change and setting the meeting schedule. Kramer motioned to advertise for a hearing on the suggestions; this passed.

Modification of cell tower code was considered; Kramer recused himself from discussion due to a potential financial interest. This part of the code was researched years ago but needed revisiting. Board main concerns were areas surrounding the towers in case one collapsed to the side and fell on adjoining properties. Another issue was notification when a communications company wanted to add on to the existing tower (antennae, etc.).

Microwave transmissions were viewed unfavorably. Seig made a motion for APC Director Kaitlin Sterwerf to make all discussed amendments to county code for communication facilities; these would be added to paraphrasing of Dearborn County policy and all therein being advertised for a hearing.

Motion passed.

There was brief conversation on accessory dwelling units, specifically barndominiums –building on to existing barns for living space. Several members of the board, along with building inspector John Rudisell, agreed that this pertained more to building code than zoning code provided the residence met the basic requirement of 800 square feet (two stories) or 900 sq. ft. (one story).

A motion passed for Sterwerf to add a few important items to the FC government website’s APC page.

Franklin County Area Plan Commission met April 12 to discuss ordinances and hear from residents on various issues.

First up was Randy Sizemore of Trade & Industrial Supply, Lawrenceburg, a six-generation family business and suppliers of propane and natural gas among other offerings. His firm wishes to place a portable 18,000-gallon propane storage tank on recently purchased property from Kessens Family Farm just off Pocket Road near I-74 westbound. He requested a rezone to commercial/industrial use from Residential1; the tank would essentially be a refill site for existing customers in the area to cut company costs in transporting and create a better footprint in that market.

Several times he called it “very low impact,”adding there would be no permanent structures placed on this tract closed to the public. Between October and March, one of the company’s small trucks (gross weight 32,000 lbs.) is expected to visit the tank no more than twice a day. A semi load would be even less frequent and hold a gross weight of 80,000 pounds. There would be ample turnaround space for each vehicle.

Member Daryl Kramer cautioned against changing to an industrial zone and preferred Agriculture2 under a bottled gas storage/distribution yard designation. He said at some later point, there may be an issue with industrial usage being so close to neighboring residential plots.

Sizemore said he understood and was fine with the suggestion. “We want to be a compliant, happy and safe partner with your county,”he said.
Anything the company does is in line with the National Fire Protection Association Pamphlet 58 regulations for propane. This includes proper distance from property lines, an 8-foot security fence around the perimeter and concrete barriers. Occasional maintenance would be required.

Some concerns raised were effects on nearby roads, the company plans (if any) to expand, placement of lighting, accidental explosions or possibility of someone maliciously igniting it.

Sizemore assuaged the concerns, explaining the tank will never be more than 80% capacity and chances of ignition are “slim to none.” A plan also must be presented later to Indiana’s Homeland Security.

“I’m confident it would be 100% safe,”he said. “If it wasn’t, I don’t want any part of it myself.”

The company would also need to store five empty 500-gallon tanks on site for quick access to transport to customers.

Kramer motioned for a favorable recommendation to commissioners to change zoning to A2 with conditional use, specifying the tank near the center of the 7.7 acre plot with Level 2 landscaping along the south border, the 8-ft. perimeter fence, a limit of 15 empty tanks and down lighting to prevent glares to nearby homes and traffic. Motion passed.

Carter Randolph, president of Greenacres Foundation, presented a slideshow to the board outlining plans for the former Michaela Farms property in Oldenburg. The main objective was approval to build an agricultural education building onsite as the foundation’s goal is educating children and improving their lives. A rendering of the building –with kitchen and classrooms - was shown. A few existing structures would either be torn down or brought up to code. There’s also the existing farm store near State Road 229.

The board previously approved Greenacres’footprint as UD (unit development) with a finalized plan to be completed within five years. Use of most of the acreage would still be agricultural.

Kramer motioned to accept the plan as UD with understanding that the land could be reverted to original zoning beyond that. Motion passed.

Michael Feeback addressed the board, following up on a complaint he and other neighbors had about the property at 8143 Silver Creek Road, Metamora. This is listed under Augustus and Phyllis Washburn, both now deceased. According to the complainants, the entire property is now a common nuisance with a relative of the deceased staying there.

Problems range from excessive noise, malodorous smells, campers and unused vehicles on the property, no utilities or running water, felling trees, land being leased to hunters and humane issues with dogs being confined to the home –a time they did get out resulted in a man being attacked and taken away by ambulance. Other local departments have received similar complaints, but all have fallen through the cracks.

Board attorney Tammy Davis said she could craft a letter to the squatting resident to force improvements. Member Rob Seig added county commissioners are currently working on a nuisance order that could help in these situations.

Shawn Arcaro spoke on behalf of John and Carolyn Reese, whose home at 19012 S. Main Street in Metamora recently burned. When seeking a permit to rebuild, it revealed a back portion of the lot was in a floodplain. This becomes an issue since builders want to establish a new foundation.

Arcaro said he’d gotten nowhere with the Department of Natural Resources so far on clarifying the floodplain. The designation also would require flood insurance. Seig said he couldn’t guarantee working around the issue but said as surveyor he could do a survey of the lot himself to determine if the proposed foundation met federal guidelines. A letter would also need to be sent to the Federal Emergency Management Agency.

In other news
A technical review committee was brought up, carried over from the March meeting. This advisory group would review applications prior to board meetings in order to hasten or streamline the process. The board opted for a 9-person committee composed of various county officials/appointees, though this would be reduced to eight as FC highway/county engineer is the same individual (Larry Smith). Davis suggested making the membership change and setting the meeting schedule. Kramer motioned to advertise for a hearing on the suggestions; this passed.

Modification of cell tower code was considered; Kramer recused himself from discussion due to a potential financial interest. This part of the code was researched years ago but needed revisiting. Board main concerns were areas surrounding the towers in case one collapsed to the side and fell on adjoining properties. Another issue was notification when a communications company wanted to add on to the existing tower (antennae, etc.).

Microwave transmissions were viewed unfavorably. Seig made a motion for APC Director Kaitlin Sterwerf to make all discussed amendments to county code for communication facilities; these would be added to paraphrasing of Dearborn County policy and all therein being advertised for a hearing.

Motion passed.

There was brief conversation on accessory dwelling units, specifically barndominiums –building on to existing barns for living space. Several members of the board, along with building inspector John Rudisell, agreed that this pertained more to building code than zoning code provided the residence met the basic requirement of 800 square feet (two stories) or 900 sq. ft. (one story).

A motion passed for Sterwerf to add a few important items to the FC government website’s APC page.

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