From left, are Area Planning Director Dan Richards, Board Member Jon Garber, Board Member Mike Kissinger and Board Member Doug Ruch. InkFreeNews photo by Maggie Kenworthy.

WARSAW — The Kosciusko County Area Plan Commission approved both a rezoning and preliminary plat request during the meeting held today, Nov. 6.

David Caswell was petitioning to rezone 20 acres of land from an Agricultural District to Agricultural II District. The land is located at the intersection of CR 200S and CR 600W, Warsaw.

Area Planning Director Dan Richards explained that the surrounding land is an “exclusive agricultural area.” He said that the original parcel has exhausted all of its allowed small sell-offs. The petitioner would like to divide the land into two 10-acre parcels, which would require the rezoning. Richards explained that the sell-off limitations are designed to protect agricultural land.

Caswell was present at the meeting and explained that his intention was for a relative to buy one of the 10-acre parcels which would allow himself to be financially able to build a residence on his parcel.

Board Member Kevin McSherry asked Caswell if he was aware that there is a disclaimer on Agricultural II zoning that states he would not be allowed to complain about the sounds or odors associated with an agricultural district.

“Honestly sir, I was hoping to live in the county,” replied Caswell. “I’m aware that there’s going to be smells and odors.”

Richards also brought up the option of adding a condition to the possible approval that the plats can’t be further split, which would mean there would be a maximum of two residences allowed on the land. This commitment addresses concerns revolving around confined feeding operations in the area. It was explained that if one of these confined feeding operations wished to expand, the number of homes within a certain radius of the property effects that possibility.

Caswell agreed to this proposed condition. The board then approved the request with the stated condition, with Chairman Lee Harman opposing.

“I guess I could live with it,” stated Harman. “But I’m not excited about it.”

The recommendation will now go before the Kosciusko County Commissioners during the Nov. 26 meeting.

For the second item of business, John Miller was petitioning for preliminary plat approval for an Agricultural II subdivision on an eight-acre tract of land. The land is located on the north side of CR 1350N, west of CR 950W in Nappanee.

Attorney Steve Snyder was present at the meeting representing Miller. Snyder explained that Miller wished to create a two-lot subdivision so that his daughter could build a residence on the new lot.

The board unanimously approved this request also with the condition of no further subdivisions allowed.

At the end of the meeting, Assistant Planning Director Matt Sandy presented an amendment to the flood ordinance. He explained that this amendment was a “clean-up” due to the state adjusting their amendment model.

The amendment addresses structures constructed on fill. The current amendment states that “The fill shall extend at least 10 feet beyond the foundation of the structure before sloping below the flood protection grade.” With the proposed amendment, the ordinance would read, “The fill shall extend at least five feet beyond the foundation of the structure before sloping below the base flood elevation.”

Sandy explained that the two changes actually get less restrictive than what the ordinance required before. Board Member Mike Kissinger stated that the amendment “makes it much easier and still protects the landowners from flooding issues.”

The board approved this amendment and their recommendation will go before the Kosciusko County Commissioners during the Nov. 26 meeting.