Planning and Zoning

Strategies for Protecting

Indiana’s Farmland

Brad Buening Planning degree—BSU 15 years—local government Land Use Specialist, IFB Bridge gap between political/ag

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Initial charge

Work with ISDA Research existing ag ordinances Compile list Create model zoning ordinances Allow locals to pick and choose

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Not self-proclaimed expert

Work experience in planning/local gov’t

Agriculture background

Opportunity to visit and review local ord

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Visited ½ counties with P & Z

Reviewed approx. 30 proposed ordinances

Have seen the good, bad, and ugly of zoning

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The counties that are proactive are working

70% of job has been reactive, but effective

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Quick refresher course on

Indiana Zoning

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Types of Plan Commissions

Metro (1) Area (32) Advisory (46) None (13)

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Zoning Ordinance Actual law/enforceable Various zoning districts (ag, res, com,ind) Permitted by right—No public hearings Special exception—meet specific criteria Developmental standards (setbacks, coverage,

density, height, or area)

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Local Government Process

Zoning districts are created Residential Commercial Agricultural Industrial Open space

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Local Government Process

Uses are pigeon-holed in districts K.I.S.S. may not apply

Ethanol plant Bio-diesel plant

Better separation needed Need sub-districts Residential is good example

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Local Government Process

Special exceptions are created Unique uses Not needed if sub-districts are created

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Local Government Process

Developmental Standards established Setbacks (front, side, rear) Height Area Density

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Local Government Process

Public Hearings Petition Advertise Notify Hearing Adopt Record

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Planning and Zoning Issues (that I see)

Farm vs. Non-farm conflicts Burden on farmer vs. residents

SE for farmer (backwards) Agricultural clause—for homes in ag area

Livelihood vs. recreational (choice)

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I want to keep ag uses from SE (BZA) Emotional Time consuming Expensive Based on subjective criteria

Noise, odor, property values, water usage Hard to measure, expensive, staff, time

Ag zones should allow Ag uses

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What is AG land?

Anything Goes

Agriculture

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Model Zoning Ordinance

Not one size fits all concept Sliding-scale development (2 versions) Multiple agricultural districts Farm preservation Other methods being used

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Researched several zoning concepts

Reviewed pros and cons

Created hybrids by combining concepts

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Sliding-scale (version I)

Larger lots are allowed more development Larger remainder for viable farmland

Residential (2ac max) Ag clause Contiguous to one another

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Sliding ScaleLot Area Max. # allowed

Up to 20 ac 1

20-40 ac 2

40-80 ac 3

80-160 ac 4

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If you add language that say contiguous…

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Sliding-scale (version II)

Target smaller tracts Under 20 acres (already ruined)

These tracts can be subdivided aggressively Residential (2ac max) Ag clause Contiguous to one another

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These lots were created by earlier methods

Counties thought 15-20 ac would preserve

It only converted faster

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20-acre minimum Does not work Drives price/acre up Takes land out of production faster Leaves weeds and mess

Farmer won’t come in for 10-12 acres Max acreage works better

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3 highlighted lots could net 9-10 lots

Reduced pressure from viable farmland

Allowed housing in country setting

Made the best of a “bad” situation

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Another hybrid would be a flat rate

Allow “X” # of splits for each parent tract

Can incorporate ag clause/contiguous

Can control amount of growth

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Multiple agricultural districts

Row crop farming (A-1) CAFO/CFO (A-2) Agri-business (A-3) Residential-ag (A-4) Ag park (A-5)

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Reduce land use conflicts;

Maintain property rights;

Efficient use of infrastructure

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Another simple variation is an A-2 Housing only on small lot (2ac max)

Need rezone/SE Prove to APC/BZA won’t harm A-1

Personally did this last week Point system

Land use, density, soil types, etc.

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Farm preservation

PDR/TDR/LDR Infill incentives Mitigation (developers 2:1) Cluster development Conservation easements (vol) Bargain Sale

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PDR/TDR/LDR

Great theory Farmer gets 401K Young farmer able to purchase at farm rate Infrastructure not taxed Control growth areas

Hard to track administratively GIS makes it easier

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Infill incentive

Tax abatement on skipped over land Higher densities

Adjacent to infrastructure Lessen pressure on farm land

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Developer mitigation

Incentivizing development near city Penalize for hop-scotching around

Trip-generation causing pollution Closer, less pollution

Put a monetary figure to it

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Cluster development (Open Space)

Keeping adjacent/contiguous Not hop-scotching Higher density

Preserve farm land Sensitive area

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Conservation easements

Voluntary action by land owner Preserves in perpetuity Tax incentive Young farmer encouragement

Long run—create larger tracts

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Bargain sales

Selling land below fair market value Difference is charitable contribution Great way to initiate a land trust

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Other options Ag clause BMP/additional DS Point system Fences, septics, wells, mailboxes, driveways,

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Most of these options are still just band-aids

Multiple zones & TDR/PDR are broader Separate land uses Longevity (create trends) Others will face again with more houses/CAFO

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Local flavor and politics will determine:

What to use When to use it Where to use it How to use it

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Biggest concern:

Multiple zone adoption No new zones created Have to rezone 1 by 1

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Glad to review wording

Assist in ordinance revisions

Compile other county language

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Brad Buening Land Use Specialist 317.692.7886 office 317.460.3785 cell bbuening@infarmbureau.org