Chesterton Tribune

Porter County Legal Notice Petitioner Timothy Rouhselang

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Petitioner Timothy Rouhselang

From: RR, Rural Residential

To: AG, General Agriculture

ORDINANCE NO. 11-05

AN ORDINANCE amending Ordinance No. 07-05 entitled, “PORTER COUNTY UNIFIED DEVELOPMENT ORDINANCE” 2008-004335

BE IT ORDAINED by the Board of Commissioners of Porter County, Indiana, under authority of Chapter 174, Acts of 1947, and all Acts amendatory and supplemental, thereto, General Assembly of the State of Indiana:

SECTION 1: That the following described real estate in Union Township be and the same is HEREBY REZONED

From: RR, Rural Residential

To: AG, General Agriculture

The West 330 feet of the NE 1/4 of the NW 1/4 of Section 34, Township 35 North, Range 7 West of the 2nd Principal Meridian, in Porter County, Indiana.

GENERAL LOCATION: A parcel of land located at 762 W. 100 N. in Union Township, Porter County, Indiana.

SECTION 2: That the ZONE MAPS attached to and made a part of said Zoning Ordinance be revised to indicate that above described property as being in the AG, General Agriculture District.

SECTION 3: That the above described real estate shall be and the same is hereby rezoned conditioned upon the filing and recording in the Office of the Porter County Recorder of written commitments, which are attached hereto and incorporated herein by reference. Provided further, recorded copies of the written commitments shall be provided to the Porter County Plan Commission within thirty (30) days of the date of the adoption of this ordinance.

SECTION 4: That this Ordinance shall take effect from and after its approval and adoption by the Board of Commissioners of Porter County, Indiana, this 22nd day of March, 2011.

BOARD OF COMMISSIONERS

PORTER COUNTY, INDIANA

John A. Evans

Nancy Adams

Carole M. Knoblock

Attest: Robert Wichlinski, County Auditor

I affirm, under the penalties for perjury, that I have taken reasonable care to redact each social security number in this document, unless required by law.

Robert W. Thompson Jr. AICP

Executive Director/County Planner

AGREEMENT FOR WRITTEN

COMMITMENTS

This Agreement made this 22nd day of March, 2011 by and between Jerry Wasko, hereinafter referred to as the “Owner”, Timothy Rouhselang, and Jennifer Rouhselang, Contract Purchasers, for the creation of certain written commitments made to the Board of Commissioners of the County of Porter (hereinafter referred to as the “County”, to adopt an ordinance changing the zoning classification of certain real estate located within unincorporated Porter County, Indiana.

WITNESSETH

WHEREAS, the Owner is the fee simple owner of the following described parcel of real estate located in Porter County, Indiana:

The N.E. 1/4 of the N.W. 1/4 of Section 34, Township 35 North, Range 7 West of the 2nd P.M. in Union Township, Porter County, Indiana. Containing 40 Acres, more or less.

Hereinafter referred to as the “Real Property”, currently zoned RR, Rural Residential, and

WHEREAS, the Owner has filed an application for the rezoning on or about September 27, 2010 to amend the zoning classification of the Real Property from its current RR zoning to General Agricultural (A1) zoning classification; and

WHEREAS, the Owner shall and does hereby agree to certain commitments to be placed upon and binding upon the Real Property pursuant to Ordinance No. 11-05, and

WHEREAS, the County, after paying reasonable regard to the Uniform Development Ordinance, current conditions and the character of current structures and uses in the district, the most desirable use for which the real estate in each district is adapted, the conversation of property values throughout the jurisdiction, and the responsible development and growth of the County, deems that the petition filed by the Owner should be granted and the zoning classification for the Real Estate be changed under certain specific terms, conditions and restriction, all of which the Owner is agreeable thereto.

NOW THEREFORE, in consideration of the mutual promises contained herein, and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, Owner and County, promise and agree as follows:

1. Ownership of the Real Estate: The Owner represents and warrants that he is the Fee Simple title owner of the Real Estate and that the Real Estate is encumbered with a Purchase Contract with Timothy Rouhselang and Jennifer Rouhselang and that there is no lease, tenant farmer, or any other zoning restrictions and limitations applicable to land in the General Agriculture (A1) zoning classification in Porter County, Indiana.

2. Zoning Classification: The zoning classification of the Real Estate shall be General Agriculture (A1), subject, however, to the terms, condition and restriction on use and development, which is in addition to, and not in lieu of, all other zoning restrictions and limitations applicable to land located in the General Agriculture (A1) zoning classification in Porter County, Indiana.

3. Condition Precedent: This entire Agreement is condition upon the approval of this Agreement by the Board of Commissioners for the County of Porter, by duly passed and adopted ordinance incorporating this Agreement and its terms therein, in accordance with the laws of the State of Indiana regarding such matters. In the event said Board of Commissioners shall fail to so approve this Agreement or adopt the ordinance anticipated herein, this Agreement shall, ipso facto, be and become void of no force or effect.

4. Restrictions on Use and Development of the Real Estate:

A. Permitted Uses: Agricultural uses listed on page 2-8 of the Unified Development Ordinance (UDO). See attached at end of this notice.

Agricultural Uses listed on page 2-8 of the UDO. See attached at end of this notice.

Residential Uses listed on page 2-8 of the UDO. See attached at end of this notice.

D. Owner shall protect the existing waterway running through the Real Property with a seventy feet drainage easement, thirty-five feet each side of the centerline of said waterway. The owner shall also protect the wetland lying within the Property with a Conservation Easement, which will protect the wetland from any land disturbing activity with the exception of construction of a vehicular crossing of the existing Ditch. These easements shall be shown and dedicated on a Plat of the Real Estate to be recorded with the Recorder of Porter County, Indiana prior to the transfer of the Real Estate.

5. Subsequent Owners: This agreement shall run with the land and be binding upon subsequent owners of the Real Estate; unless modified or terminated hereinafter.

6. Duration and Termination: This Agreement shall be effective at such time as an Ordinance adopted and ordained by the Board of Commissioners of Porter County, Indiana changing the zoning classification for the Real Estate of the General Agriculture (A1) District zoning classification pursuant to the Porter County Unified Development Ordinance (UDO) shall become effective and shall remain in full force and effect unless and until modified or terminated at a public hearing after notice as provided by the rule consistent with the provisions of Indiana Code 36-7-4-613, as amended from time to time.

7. Merger: This Agreement constitutes the entire agreement of the parties and all promises, undertakings representations, agreements, understanding and arrangements with reference in representations are herein merged.

8. Constructions: This Agreement is entered into in the State of Indiana and shall be constructed in accordance with the laws thereof. The headings appearing as titles for each of the provisions of this Agreement are included for purposes of convenience only and shall not be considered the construction of any of the substantive provisions herein.

9. Designated Party of Enforcement: The County shall be the designated party of enforcement of this Agreement and the covenants and agreements contained herein.

10. Enforceability: If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, this Agreement and the other provisions herein shall be deemed to be null and void ab intio and of no force and effect whatsoever.

IN WITNESS WHEREOF, The County and the Owner have executed this Agreement at Valparaiso, Indiana, upon the date and year first above written.

Jerry Wasko, Owner by James Etchison, POA

Timothy Rouhselang, Contract Purchaser

Jennifer Rouhselang, Contract Purchaser

BOARD OF COMMISSIONERS

John A. Evans

Nancy A. Adams

Carole M. Knoblock

Attest: Robert Wichlinski, Porter County Auditor

STATE OF INDIANA

COUNTY OF HAMILTON

Before me, A Notary Public, in and for said State and County, this 28th day of March, 2011, personally appeared Jerry Wasko by his Attorney-in-Fact, Janet Etchison and acknowledged the execution of the foregoing instrument to be his free and voluntary act and deed.

Patricia Brockett

Notary Public

Commission Expires: 11/23/2017

County of Residence: Hamilton

STATE OF INDIANA

COUNTY OF LAKE

Before me, a Notary Public, in and for said State and County, this 31st day of March, 2011, personally appeared Timothy Rouhselang and Jennifer Rouhselang and acknowledged the execution of the foregoing instrument to be their free and voluntary act and deed.

Diane Dunn, Notary Public

Commission Expires: 2-10-13

County of Residence: Lake

STATE OF INDIANA

COUNTY OF PORTER

Before me, a Notary Public, in and for said State and County, this 22nd day of March, 2011, personally appeared John A. Evans, Nancy A. Adams and Carole M. Knoblock and acknowledged the execution of the foregoing instrument to their free and voluntary act and deed for and on behalf of Porter County.

Melissa M. Hartig, Notary Public

Commission Expires: 1/14/12

County of Residence: Porter

This instrument prepared by: E. Donald Bengel, 73 East Division Road, Valparaiso, Indiana 46383.

General Agriculture (A1) District

2.07 A1 District Intent, Permitted Uses, and Special Exception Uses

District Intent

The A1 (General Agriculture) District is intended to be used as follows:

Use Type and Intensity

•agricultural operations, ag-businesses (year round), and year-round sales of produce and products.

Application of District

•existing agricultural land

Development Standards

•Recognize the need for reasonable development standards to maximize protection of agricultural practices.

Appropriate Adjacent Districts

•GW, P1, P2, A2, RR, R1, CN, IN, OT, I1, I2, I3 and HI

Plan Commission

•Utilize this zoning district for existing agricultural areas and carefully for new residential development.

Board of Zoning Appeals

•Allow a Special Exception use only when it is clearly a benefit to the adjacent properties.

Permitted Uses

Agricultural Uses

•agricultural crop production

•farmstead

•hobby farming

•orchard

•raising of farm and exotic animals

•sale of agricultural products*

•stable, private

•storage of agricultural products

•tree farm

•vineyard

Commercial Uses

•campground

•farmers market

•plant nursery

•stable, small commercial

•winery

Residential Uses

•dwelling, single-family detached

•seasonal housing of temporary/farm workers

*see also Chapter 05; §Tu: Temporary Use & Structure Standards

Special Exception Uses

Commercial Uses

•kennel*

•stable, large commercial*

•telecommunication facility

Institutional Uses

•police, fire or rescue station

Residential Uses

•bed and breakfast

•dwelling, subordinate single-family*

•fair housing facility (small)

*see also Chapter 05; §SE: Special Exception Standards

(April 22, 2011)