BZA rules in favor of contractor storage yard

Sunday, November 16, 2014

A zoning dispute more than a year in progress was settled last week with the Putnam County Board of Zoning Appeals (BZA) ruling a local contractor could continue parking its dump trucks on agricultural land in southern Monroe Township.

Jim and Ralph Bowling, owners of JR Bowling Excavating, added a trucking business to their operation last fall with the purchase of a number of dump trucks.

Operating from the Bowlings' property on County Road 450 North, the trucks travel north on County Road 150 East to County Road 500 North, then west to U.S. 231.

Shortly thereafter, neighbors Jeff and Karen Hampton complained to the county about the noise from the trucks, particularly in morning and evening hours. The Hamptons' contention was that the business violated the county zoning ordinance, which has the area zoned as Agricultural 1.

The Hamptons reside on land at the corner of 150 East and 500 North.

In the time since, the issue has been before the County Plan Commission, the Putnam County Commissioners and finally the BZA.

The delay was due to county officials being unsure how to classify the operation the Bowlings were running. The Plan Commission eventually settled on considering it a contractor storage yard, something not previously addressed in the zoning ordinance.

The Plan Commission drafted an ordinance that the Commissioners finally approved in October allowing contractor storage yards as a special exception.

Each specific special exception case must be heard by the BZA, setting up this month's hearing.

The arguments of both sides were chiefly what they had been in the past. Jim Bowling said the trucks are simply housed at his property, leaving in the morning and returning in the evening, except in special cases such as needing to refuel or when they were hauling to a specific project at his house.

The Hamptons, through their attorney Greg Irby, described how their sleep has been affected by the early morning movement of the trucks.

Additionally, the Hamptons contended that the Bowlings' property is a business, not simply a storage area, and should have to be rezoned if the Bowlings want to continue their operation.

The Hamptons and Irby also questioned the affect the trucks have on property values.

Several neighbors, all of them supporters of the Bowlings' cause, also spoke to the board, saying there had been no adverse effect on their sleep nor on their property values.

Two supporters of the Hamptons' cause questioned the wisdom of allowing the business to continue or of even allowing storage yards as a special exception.

After asking a number of questions of the Bowlings, the Hamptons and even a few of County Highway Supervisor Mike Ricketts regarding the condition of roads, the BZA prepared for its decision, with several members making statements.

Member Randy Bee, who lives in the same general area, questioned the effect on property values, as he is aware of a nearby property that had no trouble selling in the last year.

BZA President Lora Scott said she believed the nearby railroad likely presented more of an irritant than the Bowlings' trucks could.

"There are sounds that are inherent in your neighborhood that are there and have been there for a long time," Scott said.

Drawing on earlier questions of Bowling regarding what the trucks primarily haul, Scott seemed to say that she thought the operation remained agricultural in nature, therefore an acceptable use of Ag 1 land.

"Hauling stone and supplying ag lime is integral to the agricultural operations on which this county based a lot of its zoning ordinance," Scott said.

She added that the barns and storage areas on the Bowlings' land did not appear out of character with the rural landscape and that she did not see the negative impact on property values, provided that limitations were imposed.

BZA member Kevin Scobee made perhaps the most pointed statement prior to the vote, saying he had observed that the trucks had to go past 14 other residences on their way to the highway.

"There's no one else, other than the Hamptons, that's against this or for this," Scobee said.

Following discussion, Bee made the motion to approve the Bowlings' request, with four stipulations:

* A 20 mph speed limit is to be observed on County Road 150 East.

* The trucks should operation on Sundays only on an emergency basis, such as hauling road salt after a snow.

* The Bowlings need to get their fuel tanks into compliance with IDEM regulations within 45 days.

* The operation is to never grow beyond 13 trucks.

Scott seconded the motion, which passed 4-0 with votes from Scott, Scobee, Bee and Raymond McCloud. BZA member Kevin Sutherlin was not in attendance.

The evening was a contentious one before the BZA, with the Bowling case one of three hearings. A large enough crowd was in attendance that the meeting was moved to the Superior Courtroom in the courthouse.

The first case was from petitioner Daniele Sullivan, who wishes to open a campground on County Road 1050 South. Arguments were presented on both sides, but no decision was made, as the BZA requested further information regarding Sullivan's business plan.

Representatives of Rockies Express Pipeline also came before the board proposing to expand its pumping station on the southeast corner of the intersection of U.S. 231 and County Road 850 North.

Due to changes in gas distribution, the pipeline is being repurposed. Part of this change requires expansion at the small Monroe Township site.

The expansion will also come with Rockies Express bying the land in question, not simply leasing it as in the past.

Scott expressed concerns about vehicles colliding with the equipment, potentially causing a major gas leak. She requested a protective berm be built on the south and west sides of the property, a request the Rockies Express representative said they were happy to grant.

The request was approved 4-0 with the stipulations of the berm installation and that any future expansion be to the east, away from the highway.

The BZA meets on the second Monday of the month at 7 p.m., normally in the Commissioners Courtroom on the first floor of the Putnam County Courthouse.

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  • Other people disapproved of the trucking operation. There was simply no point of waging a war for no reason. It was apparent that is was a done deal long ago. I've seen JARBO trucks run people off the road on both 175 E and 500 N. They go through bridges school buses have to turn around to avoid due to weight restrictions. It's only a matter of time until something bad happens.

    -- Posted by jorge on Mon, Nov 17, 2014, at 12:23 PM
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