Franklin County denies re-zoning for possible CFO near Brookville Lake

Franklin County Commissioners, during their meeting Monday morning, voted unanimously to stand behind the unfavorable recommendation issued last week by the county’s Area Planning Commission to re-zone roughly 102 acres in Fairfield Township from residential and recreational to agricultural, in order for a Franklin County family to possibly place a confined feeding operation on that property.

The APC last week, voted 7-0 to give an unfavorable recommendation to residents Scott and Susan Cooper to change the zoning designation for approximately 101.50 acres in Fairfield Township from Residential-1 and Recreational to Secondary Agriculture, as part of the Cooper’s plans to establish a CFO in that area on Powell Road.

The debate over the Cooper’s proposed CFO had been ongoing within the northern Franklin County community since January, when the APC heard a proposal from the Brookville Lake Water Quality Group requesting an amendment to the county’s zoning code which would allow CFOs to only be established in agricultural zones within the county.

The county’s current zoning code allows for CFOs to be established in agricultural zones, along with industrial zones and recreational zones. It does not allow for residential zones to accommodate CFOs, hence the Cooper’s request for a zoning change.

Currently, Franklin County has 13 CFOs within the county, which are all in agricultural zoned areas.

Opponents of the Cooper’s possible plans concerning a CFO claimed that if one was allowed to be close to the lake, it would negatively impact the water quality in the lake, in addition to air pollution, property values and public recreation.

Supporters of the possible CFO, however, such as several Franklin County farmers, cited the multitude of IDEM regulations concerning CFOs and their environmental impact, the positive impact of the CFO on the Franklin County economy and how increased regulations on the county-level regarding CFOs would hinder future agricultural development in the county.

While the APC did end up voting to not impose additional amendments to the county’s zoning code regarding CFO’s, it did not give a favorable recommendation to re-zone the area the Cooper’s had proposed for re-zoning. Commissioners, however, had to sign off on the recommendation Monday.

More than 20 residents attended the meeting, in which Susan Cooper stated her case to commissioners.

“One, our main goal is to be farmers and the adjoining property is agriculture in Union County,” Cooper said. “The property was once agricultural and it became residential and recreational because, I’m assuming, they thought there would be a lot of campers and boat storage, those types of things that people would have developed, and that hasn’t happened.

“We thoroughly intend to keep it row crop and animals, so that’s another reason we wanted to have it re-zoned agriculture,” she continued. “When it comes to lending and those types of things, agriculture is a little bit cheaper than other lending rates. The future of that farm, what our use is, is to provide economic agriculture for our generations. We have two kids that are interested in agriculture and will succeed in this, and we just wanted to make sure it stayed in agriculture.”

Cooper also told commissioners how other agriculture opportunities, such as a CFO, could help the family’s farm be self-sufficient instead of having to seek federal assistance down the road.

“Those are the reasons we wanted to have it re-zoned,” she said. “We have been to CFO’s. As of this time, we don’t have anybody or any permits to start it or anything like that. We did have the ground tested to see if it would be feasible or acceptable to have one on there, and it would be acceptable to have one on there, but at this time we don’t have a contract with anybody or are in negotiations with anybody. In the future, that could be a possibility.”

Commissioner Tom Wilson said he didn’t see a reason to vote against the APC’s recommendation, however.

“There must be an awfully-good cause to not accept their recommendation,” Wilson said. “So I make a motion that we honor the unfavorable recommendation sent by the Area Planning Commission.”

His fellow commissioners agreed.

“I’m all in favor of farming in this county, but at this time, I’ve got to say no,” said Commissioner Tom Linkel. 

Cooper informed commissioners that she may return in the future to seek re-zoning of the property again.