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APC MEETING - August 10, 2015

 

The White County Area Plan Commission met Monday August 10, 2015, at 6:00 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

 

Roll Call:

Present: Charles Anderson (President), James Annis, Mark Bentlage, Don Ward, Brad Ward, Richard Lynn, Dennis Sterrett, Joseph Rogers (Nonvoting), Abigail Diener (Non-voting), & Tina Cronkhite (Nonvoting). Absent Members: Mike Smolek (Vice President) & Dave Stimmel.

 

Registered visitors were: Delia Zvonar, George Zvonar, Bill & Tonya Carr, Randy & Kathryn Springer, Bob Gross, & David Gallagher.

 

The meeting was called to order by Dave Rosenbarger.

 

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Opening Business:

 

Minutes: There was a motion by Don Ward and a second by Mark Bramlage to approve the meeting minutes of 6/08/2015, so moved.

 

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Rezones

 

#1036-HR Land LLC– TW Buildings, LLC: R-4 (Mobile Home Park Residential District) to B-2 (General Business District); E Lake Rd 65 W, Monon, IN 47959. Joe Rogers informed the Board that the rezone notification sign was not posted by the designated deadline and advised the Board that, in his opinion, the petition to rezone must be continued for failure to meet the sign posting requirements as required. Bob Gross, R.W Gross & Associates, was in person representing this rezone application and requested a continuance until the September APC meeting. By a show of hands, the Board approved the request to continue until September 14, 2015.

Meeting was taken over by President, Charlie Anderson

#1037 – George & Nadine Kingsley: B-2 (General Business District) to R-2 (Single & Two-Family Residential District); 6105 E. US Hwy 24, Monticello, IN 47960. Joe Rogers explained the property was originally zoned R-2 and was required to be rezoned to B-2 at the time to bring the use of the veterinary clinic into compliance. The veterinary clinic has moved to another location and the proposed use is to convert the site back to residential. There was no community input either in favor or against this request. George Kingsley was in person to represent this rezone request. He stated they are currently uncertain what improvements they want to make to the site or for what purpose the site will be used and requested to table the request. The Board approved the request to table. Petition tabled until a request to reschedule is received from the petitioner.

 

#1038 – Randy M Springer II: R-2 (Single & Two-Family Residential District) to B-1 (Neighborhood Business District); Lot 89 WJR Addition, Monticello, IN 47960. Randy Springer was in person to represent this rezone request. The proposed use for this site is an additional parking lot for Springer-Voorhis-Draper Funeral Home located across the street at 202 S Illinois St., Monticello. There was no community input either in favor or against this request. Director Rogers advised the Board that Mr. Springer desired to combine the parcels with the parcel which is home to his business and that this could not be accomplished until the parcels had common zoning.

 

There being no questions, ballots were passed out by Abigail Diener.

 

Ballot Summary:

 

1. The proposed rezoning is consistent with the goals, objectives, and policies of the White County Strategic (Comprehensive) Plan and any other applicable planning studies and reports, as adopted and amended from time to time. 9 Agree; 0 No Opinion; 0 Disagree; Comments: None

2. The proposed rezoning is compatible with the current conditions (e.g. existing lots, structures and uses) and the overall character of existing development in the immediate vicinity of the subject property.

9 Agree; 0 No Opinion; 0 Disagree; Comments: None

 

3. The proposed rezoning is the most desirable use for which the land in the subject property is adapted.

7 Agree; 2 No Opinion; 0 Disagree; Comments: None

 

4. The proposed rezoning will not have an adverse effect on the value of properties throughout the jurisdiction. 7 Agree; 0 No Opinion; 0 Disagree; Comments: None

 

5. The proposed rezoning reflects responsible standard for growth and development. 8 Agree; 1 No Opinion; 0 Disagree; Comments: None

 

President, Charles Anderson announced the results, as follows: 9 votes cast; 9 in favor - 0 opposed – 0 Abstentions. Rezone request will be certified to the appropriate legislative body with a “Favorable” recommendation.

 

#1039 - Randy M Springer II: R-2 (One & Two-Family Residential District) to B-1 (Neighborhood Business District); 206 S Illinois St., Monticello, IN 47960. Randy Springer was in person to represent this rezone request. The proposed use for this site is an additional parking lot for Springer-Voorhis-Draper Funeral Home located across the street at 202 S Illinois St., Monticello. This lot (88) and the lot for rezone request #1038 (89) would be combined with Lot 83 to the north. Director Rogers advised the Board that Mr. Springer desired to combine the parcels with the parcel which is home to his business and that this could not be accomplished until the parcels had common zoning.

 

Ballot Summary:

 

1. The proposed rezoning is consistent with the goals, objectives, and policies of the White County Strategic (Comprehensive) Plan and any other applicable planning studies and reports, as adopted and amended from time to time. 9 Agree; 0 No Opinion; 0 Disagree; Comments: None

2. The proposed rezoning is compatible with the current conditions (e.g. existing lots, structures and uses) and the overall character of existing development in the immediate vicinity of the subject property.

9 Agree; 0 No Opinion; 0 Disagree; Comments: None

 

3. The proposed rezoning is the most desirable use for which the land in the subject property is adapted.

7 Agree; 2 No Opinion; 0 Disagree; Comments: None

 

4. The proposed rezoning will not have an adverse effect on the value of properties throughout the jurisdiction. 8 Agree; 1 No Opinion; 0 Disagree; Comments: None

 

5. The proposed rezoning reflects responsible standard for growth and development. 9 Agree; 0 No Opinion; 0 Disagree; Comments: None

 

 

President, Charles Anderson announced the results, as follows: 9 votes cast; 9 in favor - 0 opposed – 0 Abstentions. Rezone request will be certified to the appropriate legislative body with a “Favorable” recommendation.

 

 

Amendments - None

 

 

Other Business:

  1. Amended Subdivision: Benjamin Subdivision-William E & Tanya E Carr; #SA052615 – Bill Carr was in person representing this request. Tech Review Committee Meeting minutes w/ responses (06/11/15) and the Replat Survey were read into record by Joe Rogers (Exhibit A). There were a total of 5 citizens that contacted the Building & Planning office regarding this request (Exhibit B). The proposed use for this lot is to build a cottage for rent. George Volnar, adjoining property owner was in person and asked questions regarding drainage, utilities, taxes, & landscaping on the site. Bill Carr explained his plans to build a cottage on the new parcel and discussed his proposal for landscaping and preservation of the existing trees. Any tax changes would be determined by the County Assessor. George Zvonar stated he has no objection to the proposed request. David Gallagher, surrounding property owner, voiced concerns about flooding onto his property with new development. After much discussion, Brad Ward said he visited the site and that the proposed development would not be cause for concern regarding drainage of water. Bob Gross asked if the amendment was approved, if the zoning would need to be requested. Joe Rogers stated the zoning of the existing plat would automatically be applied to the new parcel. With no additional questions or concerns, ballots were passed out by Abigail Diener.

Ballot Summary:

 

1. The application and documentation package is complete and requires no additional information. 8 Agree; 0 No Opinion; 1 Disagree; Comments: None

2. An Amended plat and detailed description of the proposed changes to the subdivision were submitted in addition to the completed Application for Amended Subdivision Plat Approval.

9 Agree; 0 No Opinion; 0 Disagree; Comments: None

3. An impact statement was submitted summarizing the effect of all changes including covenants, restrictions, or commitments.

8 Agree; 1 No Opinion; 0 Disagree; Comments: None

 

President, Charles Anderson announced the results, as follows: 9 votes cast; 9 in favor - 0 opposed – 0 Abstentions. Joe Rogers told Mr. Carr that he will need to bring an original survey with the Area Plan Commission Approval language added to the office for approval. The approved survey would then have to be recorded and a copy of the recorded plat supplied to the office.

 

 

  1. Comprehensive Plan Proposals – Revised proposals were presented to the Board for review. All of the companies received notification of the APC approved revised scope of work. HWC stood by their original proposal and have the highest bid for the work. RATIO and HLA submitted revised proposals. Joe posed questions to both companies about their respective revised proposals. HLA was sent 2 emails from Joe Rogers and there was never a response to either email. RATIO was sent an email from Joe Rogers and did respond and has also been the most communicative with the Area Plan office, along with the lowest bid. Aaron Kowalski also came to the Building and Planning office to clarify any additional questions. Joe asked the APC to recommend a company to go before the White County Commissioners for review and approval/disapproval. If approved by the County Commissioners, that recommendation would go on to the County Council for funding approval. After some discussion over the 3 proposals, the Board voted to recommend RATIO vs. HLA and HWC by show of hands six to three with HLA receiving three of the votes. Joe Rogers will take the recommendation to the County Commissioners at their next meeting for approval. If approved, Joe will submit the proposal to the County Council for funding.

 

  1. Home Occupation & Disposable Sign Recommendation – Joe Rogers provided written recommendations for addressing these issues. Disposable Signs - In short, the recommendation stated “I would drop the permit requirement and treat these essentially with the same standard as a political sign. All signs must be located on private property and have received permission from the property owner. Any sign located within a right-of-way may be immediately removed without notice. Any sign removed will be held at the County Government Center for seven days to be claimed. If not claimed within 7 days, the sign will be disposed of by the Staff.” (See also #5 Supreme Court Ruling below).

 

Home Occupations – Joe Rogers inquired with additional planning organizations about how their ordinance was structured to deal with home occupations, specifically contractors. For the most part, the language matches what the White County Ordinance has regarding this issue. One group did include exceptions in the ordinance to allow accommodations to contractors. There are several issues that need to be addressed in order to update the ordinance to include provisions for these types of home occupations. One suggestion was to allow the BZA to review each individual situation with specific criteria and determine if such home occupation is allowable. Certain conditions or exceptions for approved sites can be added to the GIS to notify Area Plan office staff. The Board determined to take some time to consider options and continue to September.

 

  1. Parking Lot Usage: Utilization of parking spaces for alternative uses. Photos were presented depicting several local businesses using designated parking areas for various things, including seating & product display. Businesses are required to meet parking requirements that are intended to be used solely for parking. Extra parking space beyond the required minimum for each business could possibly be utilized for various things, although many only meet the minimum required spaces as it is. Joe Rogers asked if the Board wants to consider minimizing the required number of parking spaces in the ordinance. Cathy Gross reminded the board to consider the federal ADA requirements for parking as well. Mark Bentlage will do some research on a hardware store in the Broadripple section of Indianapolis that fought this issue and was able to come to a reasonable compromise. Joe Rogers will look up information on this as well. This will be revisited in September.

 

  1. Supreme Court Ruling - Reed vs. Town of Gilbert ruling on signage. George Loy has requested Joe Rogers attend a webinar coming up relating to this issue. The Supreme Court has ruled that the sign ordinance must be content neutral. Beyond that, they recognize commercial signs may greatly vary. Commercial vs. non-commercial/non-profit signs should have more restrictive application guidelines; as well there should be no determination that any non-profit sign has a more important message than another. Joe has noted some issues in the White County sign ordinance that may need reviewed to confirm or reach compliance with this ruling. The sign ordinance was referred by the Board to a sign committee for identification of items that need to be addressed. Joe will recruit members for this committee.

 

 

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There being no further business, Brad Ward made a motion to adjourn the meeting at 7:18 p.m., with a second from Mark Bentlage.

 

 

 

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.”

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

WHITE COUNTY AREA PLAN COMMISSION

 

PUBLIC NOTICE OF REGULAR SESSION

 

June 08, 2015 - 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 – May 11, 2015

 

 

REZONINGS –

 

#1035 – HR Land LLC: B-3 (Highway Business District) to I-1 (Light Industrial District); 5364 S US 231, Wolcott

 

 

AMENDMENTS – None

 

 

BUSINESS –

1) Comprehensive Plan Vendor Presentations

 

 

2) Home Occupation & Disposable Sign Recommendation

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT A