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APC MEETING November 12, 2013

The White County Area Plan Commission met Tuesday, November 12, 2013, at 6:00 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

Members attending were: Jim Annis, Richard Lynn, Jim Mann, Dave Rosenbarger, Mike Smolek, Dennis Sterrett, Brad Ward, and Donald Ward. Absent members were: Charles Anderson, Mark Bentlage, & Dave Stimmel.

Also attending were Attorney Abigail Diener, Executive Director Joe Rogers, and Administrative Assistants Erin Owens & Tina Cronkhite.

Visitors attending were: Toni Slaughter, Terry Traeger, Candy Sheagley, Julie Griffin, & Nathan Meyer.

The meeting was called to order by Vice President Jim Mann.

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Opening Business:

Minutes: There was a motion by Denny Sterrett and a second by Brad Ward to approve the meeting minutes of 9/9/13 as written; so moved.

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Rezones:

#1013 – Chaney, Joy: Requesting a rezone from B-2, General Business District to I-1, Light Industrial District.

Toni Slaughter, real estate agent, was present representing Joy Chaney. Joy Chaney currently owns the building and operates Locust Hills Antique Store from the premises. The proposed property is to be sold to a secured buyer (Mr. Randall D. Leman) and the business (Leman Engineering & Consulting) wants to operate, light manufacturing, is not permitted in a B-2 District. Toni presented the request to the Board. The purpose of the request is to allow the use for a power conversion business which would initially employee the owner with the intention of building the business to a level of approximately 8 employees. A letter from Mr. Lehman was provided to each Board member which outlined Mr. Lehman’s proposal. The present need for parking is one (1) space with a maximum of 8-10 proposed parking spaces. The applicant’s representative contends that the business would not create any public nuisance and there would be very little change to the exterior of the building. Occasional trucks would be needed for shipping parts and delivery of parts. Improvements would consist of upgrading the current parking lot, change the sign, & bringing the bathroom up to handicap codes and standards. Benefits suggested include contributing to the general good of White County, using existing facilities, not compromising the community setting, & paying taxes. The surrounding areas are of mixed uses (zones), so changing the current zone would be a seamless and compatible rezone. There is a comprehensive plan that has no environmental impact, will not interfere with foot or car traffic, no adverse impact on residential values, adjacent buildings and land use would be uninterrupted.

Mr. Leman has community support. Toni read into the record a letter submitted by Tony Cain (Exhibit B attached) showing support for this rezone & asked for a final recommendation of the rezone.

Director Rogers summarized the history of the site including previous variances and expressed concerns about rezoning only one of the two parcels upon which the building sits. Director Rogers requested the Board attach to the petition the condition that Lot 1 be required to be rezoned before the rezone for Lot 2 would take effect. Mike Smolek made the motion to this effect; it was seconded by Dave Rosenbarger and approved by a hand vote of 8 in favor and 0 against.

A general discussion pursued surrounding various factors related to the rezone request and the proposed activity. Jim Mann asked if there was anyone else who wished to speak concerning this request. Candy Sheagley, property owner to the north, voiced questions in regards to proposed business. Concerns included the proposed hours of operation, traffic, parking, amount of waste production, & the exact criteria for a light industrial zone. Hours of operation are expected to be 7-5 Monday-Friday with very minimal waste/trash, traffic will be limited to one truck per month for incoming/outgoing shipments, and the criteria for I-1 was read aloud by Joe Rogers and a copy was distributed. Candy had no additional objections to the proposed rezone. Lot 1 is expected to go before the Board for rezone at the next APC meeting, scheduled for Jan. 13, 2014.

There being no additional questions or comments, Jim Mann moved that the Board vote on the matter. Don Ward seconded, and the ballots were passed to Board members by Ms. Diener.

Ballot Summary:

1. The proposed rezoning is consistent with the goals, objective, and policies of the White County Strategic Plan and any other applicable planning studies and reports, as adopted and amended from time to time. 7 agree; 1 no opinion; 0 disagree

2. The proposed rezoning is compatible with current conditions and the overall character of existing development in the immediate vicinity of the subject property. 6 agree; 2 no opinion; 0 disagree

3. The proposed rezoning is the most desirable use for which the land in the subject property is adapted. 5 agree; 3 no opinion; 0 disagree

4. The proposed rezoning will not have an adverse effect on the value of properties throughout the jurisdiction. 6 agree; 2 no opinion; 0 disagree; Comment: Hwy frontage & alley separation.

5. The proposed rezoning reflects responsible standards for growth and development. 8 agree; 0 no opinion; 0 disagree; Comment: Business & Light Industrial in area.

Vice President, Jim Mann announced the results, as follows: 8 votes cast; 8 in favor - 0 opposed. Rezone is approved, with the condition of Lot 1 rezone to follow.

Other Business:

PBM Wireless Request – Joe Rogers informed the Board that the zoning ordinance allows the tower itself, although a hand vote is needed to confirm/deny that the proposed plan meets the zoning ordinance. Nathan Meyer, representing AT&T, presented the plan to add a 190’ tall wireless communication tower at 9729 N Wood St., Brookston. Following a general discussion and review of the site plan and maps, Dave Rosenbarger made a motion to accept with a second from Don Ward and approved by a verbal vote of 8 in favor and 0 against, the motion is so moved.

2014 Meeting Schedule Approval – The 2014 Calendar of Meeting & Filing Dates for the APC & BZA were presented for approval. Jim Annis made a motion to approve and was seconded by Denny Sterrett and approved by hand vote of 8 in favor and 0 opposed.

Manufactured vs. Stick-Built Home Square Footage Requirements – Determination was needed to finalize the square footage requirements for manufactured homes. Enforcement of the guidelines in the manufactured homes section of the zoning ordinance has taken precedence over the Bulk Use Chart guidelines for square footage. Discussion revolving around the discrimination &/or violation of state statute that may apply by using the Bulk Use Chart and the square foot requirements of each. Jim Mann requests that Joe meet with the Manufactured Home Sub-committee and present for final vote in January and all agreed.

Business Continued from 9/9/13 – Home Occupational/Residential Districts ADA Parking Compliance: Director Rogers’ research concluded that there are no exceptions for ADA parking compliance requirements for Home Occupational/Residential Districts. This requirement is currently having a detrimental effect on home-based business and their ability to meet the compliance regulations.

Preliminary I-3 Zoning Standards - Director Rogers provided a comprehensive proposal and draft ordinance amendment to the Board, County Commissioners, & the Town of Wolcott. Final approval would like to be met in January to meet the timeline for permitting of the proposed spec building to break ground in April, 2014. Members are asked to review the changes and contact Joe with any questions or concerns prior to the 1/13/14 meeting so a final vote can be made at that time.

Amendments - #36 – Sign Standards:

Primary Changes:

Establishing standards for signs in I-3 zoning districts and for the US Hwy 24 area near the planned Mid America Commerce Park (Wolcott Corridor)

1) Subsection 10.7.4 – Restricts permanent and non-permanent signs in I-3 zoning districts;

2) Table 10.2 – Adds criteria for wall signs in an I-3 district;

3) Subsection 10.9.1 – Prohibits billboards in an I-3 district and along the US Hwy 24 Industrial Park area.

4) Subsection 10.9.2 – Prohibits off-premise signs along US Hwy 24 in the Industrial Park area.

Secondary Changes:

Language clarification added/changed to Subsection 10.9.3 – State permitting requirements & Subsection 10.12.7 – Government Signs. If a legislative body approves signage, it is exempt from the zoning ordinance.

Subsection 10.5.2 – Removal of signs; extends authority for removal of disposable and yard signs without notification. Joe Rogers will have the authority to immediately remove illegal disposable signs placed without proper contact information.

Dave Rosenbarger moved that Amendment #36 be approved by the Board; Richard Lynn seconded. The Board voted 8-0 via hand vote to approve.

Closing Business:

Joe Rogers reminded Board Members that the state statute establishes that if a member misses 3 meetings in a row, he is required to notify the members appointed authority. That authority has the option to remove such member from the Board for absenteeism.

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There being no further business, Jim Annis moved that the meeting be adjourned; Brad Ward seconded and with all in favor, Vice President, James Mann adjourned the meeting at 8:00 pm.

Respectfully submitted,

Donald W. Ward, Secretary

White County Area Plan Commission

Joseph W. Rogers, Executive Director

White County Area Plan Commission

Document Prepared By: White County Area Plan Assistant, Tina Cronkhite “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.”


EXHIBIT A

WHITE COUNTY AREA PLAN COMMISSION

PUBLIC NOTICE OF REGULAR SESSION

 

November 12, 2013 - 6:00 p.m.

2nd Floor Conference Room

White County Building

Monticello, IN 47960

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AGENDA

6:00 P.M.: The White County Area Plan Commission will meet in Regular Session pursuant to Indiana’s Open Meetings Law, I.C. 5-3-1-2 (b):

READING OF THE MINUTES – September 9, 2013

REZONINGS –

1. #2013 - Joy Chaney: Requesting a rezone from B-2 to I-1

BUSINESS –

1. PBM Wireless Request

2. 2014 Meeting Schedule Approval

3. Manufactured vs. Stick-Built Home Square Footage Requirements

4. Business Continued from 9/9/13:

a) Home Occupation/Residential Districts ADA Parking Compliance

b) Gravel vs. Pavement For Various Home Occupations & Other Situations

5. Preliminary I-3 Zoning Standards - Review

AMENDMENTS

1. #36 - Chapter 10 - Sign Standards

EXHIBIT B