Solar farm rezone on first Plan Commission agenda of 2024

The developers wishing to put a solar farm in Russell Township wasted no time in taking advantage of changed zoning laws in Putnam County.

A rezoning request by Cold Spring Solar LLC is on the agenda for the first Putnam County Plan Commission meeting of 2024, set for 5:30 p.m. on Monday, Jan. 8. It is the first meeting since a new unified development ordinance (UDO) took effect on Jan. 1.

The new UDO is the first extensive change to local zoning laws since Putnam County adopted zoning back in 1992. It goes hand-in-hand with the comprehensive plan the county also adopted earlier in 2023.

The updated ordinance dictates that the solar farm is now a question for the Plan Commission as opposed to the Board of Zoning Appeals, which in September denied a special exception request on the Cold Spring properties by a 5-1 count.

The important aspect of the UDO as it applies to the solar farm situation is that the new ordinance adds a Natural Resources (NR) zone to the various classifications in the county. NR designation allows for solar farms, wind farms and mineral extraction.

As a rezone, the question now comes before the Plan Commission as a rezone from Rural Preservation (A1) to NR.

While on the surface, rezoning a piece of land may seem a weightier matter than a special exception within the same zoning classification, in practice that is likely not the case.

This springs at least in part from the fact that all decisions by the BZA are final and can only be reversed by taking the matter to a court of law.

The Plan Commission, on the other hand, is advisory in nature with all of its decisions ultimately approved by the county commissioners.

Specifically, the request is to rezone 1,200 acres to NR, which is different from the most recent number of 1,400 acres from developer Tenaska and ultimate solar farm owner Arevon.

Also unique to this case is that the land itself will remain the property of the families who already own it, with Arevon taking out a 30-year lease to use the land for energy production rather than agricultural use.

The BZA was the first county governing body that ultimately voted against the solar question. The Putnam County Council granted a tax abatement request on the equipment in late 2022, while the Putnam County Commissioners successfully negotiated an $5.7 million economic development agreement with Tenaska/Arevon. Though this agreement was never signed, a new agreement is expected to be reached should the rezone be approved.

Cold Spring is one of three rezone requests on the docket for the Plan Commission on Monday.

Bethel Baptist Church is requesting the rezone of 15 acres of land in western Marion Township for the purpose of building a new church. The land in question has no defined street address at this time, but is on the north side of County Road 50 North about one half mile east of 300 East.

This would constitute quite a move for Bethel, whose current church building is located at 7484 E. Range Line Rd., about 2.5 miles east of Fillmore.

The new location, while maintaining a Fillmore address, is approximately four miles west of the current building as close to the east end of Greencastle as Fillmore. For several years, the growth of the church has prompted it to maintain two separate services — one at the Range Line Road location and one at Deer Meadow Primary School in Greencastle.

The rezone would be from A1 to A2 (Agriculture), which remains an agricultural zone but allows for non-agricultural uses such as a place of worship.

Damon Glaze has also requested a rezone of nearly 15 acres at 4175 E S.R. 240 in Marion Township from A1 to A2 for the purpose of splitting it into two parcels.

While updating the Putnam County Commissioners on these requests during their Tuesday meeting, County Plan Director Lisa Zeiner also noted some other changes to the Plan Commission triggered by the new UDO.

One of these is that by adopting the UDO as its own zoning law and also not having a BZA or Plan Commission of its own, Russellville now has an appointment to the Plan Commission. The town council voted to appoint Councilman Tony Riggen.

It’s not clear what Riggen’s appointment will do to the overall makeup of the commission, as he brings it to an even 10 members, when an odd number is preferred to break ties. The county could appoint another member, but will have to wait for Bainbridge, Cloverdale and Roachdale to adopt the UDO and see what they do about their own Plan Commission/BZA situations. A municipality can choose to abide by the county zoning laws while also maintaining its own boards to decide such matters.

There may also be questions of political balance on the board, a matter county officials will have to examine more closely.

As currently constituted without Riggen — whose start date is unclear — the current Plan Commission is composed of Kevin Scobee, Randy Bee, Ken Heeke, Commissioner Rick Woodall, Surveyor Greg Williams, Jenna Nees, County Councilman Jay Alcorn, Clint Cooper and Chris Mann

Finally, Zeiner explained that Russellville opting into the UDO officially triggered the county taking control of zoning matters in the two-mile fringe around the City of Greencastle, an eventuality for which county and city leaders had already prepared.