Pennville wants to be closer (03/13/2009)

Pennville is one step closer to becoming part of the county's zoning plan as the Jay County Planning Commission moved forward with additions to the ordinance.

The commission approved three alterations to the zoning ordinance - including the addition of Pennville to the plan.

The board will host a public hearing at its next regularly scheduled meeting on April 9. If approved after that hearing, the changes would then go to Jay County Commissioners for final approval.

The biggest change to the county zoning plan will be the addition of Article 8, which outlines specific rules for the Town of Pennville. Town officials had originally thought to maintain a separate zoning ordinance, but eventually decided becoming part of the county's would be a better fit for the town.

The zoning rules for Pennville will be maintained only within the corporate limits of the town. That was a small change made before the meeting, since an original draft gave Pennville authority over a half-mile radius outside the town as well.

"I think it's a reasonable thing," said Pennville town attorney Greg LeMaster about the overall proposal. "We'd like to see it passed."

"It was modeled after Portland's plan but downsized to fit Pennville," said town marshal Ralph Frazee.

The commission gave unanimous approval to move that forward to a public hearing.

Shortly afterward the board discussed a small change to the confined animal feeding section regarding setbacks from the town. The rules state that no new CAFOs would be allowed within a half mile of the town, but Pennville wanted to see that number increased to a mile.

"It was discussed," Frazee said, telling the commission the landowners had no negative feelings about the change. "They understand what the 1 mile means." The board approved that change as well to be heard in April.

Jay/Portland Building and Planning director Bill Milligan also presented proposed changes to the section about wind turbines, to reflect suggestions he received from Benton County, which maintains a major wind farm in the western half of the state.

The proposed changes most notably included issuing a $20,000 fee for wind farm development on top of the per-turbine permitting charges of $2,500. Milligan suggested removing some wording about refund of fees, since no other wind-ready counties included a similar clause.

"Benton County came up with changes," he said. "We won't run into the problems they did and anyone who comes here will be familiar with it."

The $20,000 fee, he said, would be reasonable for new development. Benton County had charged a flat $1 million fee but is now embroiled in legal struggles with the county's school system, since the schools view the charge as a tax and feel they should be getting a cut.

Milligan said he hoped to sidestep any problems and has been keeping in touch with Benton County, which has acted as a trial run for the rest of the state.

Milligan also stressed that the changes being made are for commercial wind turbines only and that the county will need to develop a policy for private use in the future.

Pike Township resident and wind power advocate Bob Lyons cautioned the commission about adding a section about private wind turbines since it could impede the Amish in the county if done haphazardly.

Lyons also asked the planning commission to keep an open mind about wind issues until after county officials take a trip to Benton County at the end of the month.

"I would prefer we don't do anything major until after (that trip)," he said, and invited the board members to attend the March 25 outing.

Lyons told the board that he will continue to keep on top of wind issues and act as liaison if the commission needs him.

"I'm very interested in getting Jay County wind farm ready," he said. "Jay County ought to be where we could be one of the first (in the state)."

The commission moved those suggested changes along to be heard at the next meeting as well.

The commission will host the public hearing at 7 p.m. on April 9 in the courthouse auditorium and will take comments from the public on the Pennville ordinance, CAFO changes and wind farm alterations.

In other business Thursday night, the planning commission:

•Elected officers and representatives. The commission decided to retain the same officers from 2008: Jim Zimmerman, president; Scott Hilfiker, vice president; and John Knipp, secretary.

The board reappointed Knipp to act as its representative on the Portland Planning Commission, reappointed Patricia McLaughlin as its recording secretary, and retained the services of Hinkle, Racster and Lopez as its legal counsel.[[In-content Ad]]