Planning board approves mortgage-lot split on 65.6-acre property with APO overlay recommended

The Butler County Planning & Zoning Board voted to recommend approval of PL 24-23, a mortgage-lot split on a 65.6-acre tract at 6.23 Southeast Loose Tim Road, and recommended placing an Agricultural Preservation Overlay (APO) on roughly 35 acres of the property. Staff presented the request and told the board the property had been used for agricultural purposes and that the proposal met the county's split criteria.

"Staff feels the request meets the criteria for such a split and does feel it is appropriate to place an APO on the 35 plus or minus acres," said Lisonbee, the staff presenter. Lisonbee also noted there were no FEMA dam-breach inundation areas on the property and that Southeast Bluestem Road is a paved county-maintained roadway. A board member moved to approve the request; the motion carried 6–0. The chair said the case will be forwarded to the county commissioners on September 24 at 09:00 with a staff note on the APO discussion.

Board discussion focused on whether the remaining parcel outside the APO would be a legal, buildable lot after the split. Lisonbee explained that if the split is made according to county regulations, both resulting lots would be legal conforming lots even if only a portion carries the APO. "Both lots would be," Lisonbee said when asked whether each parcel would meet lot requirements. The board also discussed the intent of the APO and whether overlay placement should be revisited as part of comprehensive-plan updates.

The action is advisory to the county commission; the commission will make the final decision at the stated hearing date.