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APC MEETING - September 14, 2015

 

The White County Area Plan Commission met Monday September 14, 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, Brad Ward, Richard Lynn, Mike Smolek (late) Cathy Gross, Dennis Sterrett, Joseph Rogers (Non-voting), Abigail Diener (Non-voting), & Tina Cronkhite (Non-voting). Absent Members: Dave Rosenbarger, Dave Stimmel, & Don Ward (Secretary).

 

Registered visitors were: George Loy, Bob Gross, & Doug Wagner.

 

The meeting was called to order by Charlie Anderson.

 

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Opening Business:

 

Minutes: Joe Rogers notified the Board the Findings of Fact from Amended Subdivision #SA052615 (Benjamin Subdivision) were also included with the minutes for approval. There was a motion by Brad Ward and a second by Jim Annis to approve the meeting minutes of 8/10/2015 & the #SA052615 Findings of Fact, so moved, approved unanimously.

 

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Rezones

 

*Continued from 8/10/15

#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. This rezone was continued due to the fact that the rezone notification sign was not posted by the designated deadline to meet the sign posting requirements as required. The purpose of the request is to create a common zoning district with the abutting parcel to the north thereby allowing the parcels to be combined for the purpose of expanding an existing storage building operation. Bob Gross, R.W Gross & Associates, was in person representing this rezone application. Denny Sterrett asked if drainage would be reviewed prior to construction. Joe Rogers explained that any future development requires the normal review of drainage by the County Surveyor.

There being no additional 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. 7 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.

7 Agree; 0 No Opinion; 0 Disagree; Comments: Adjoins same zoning to North

 

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

5 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. 6 Agree; 1 No Opinion; 0 Disagree; Comments: None

 

5. The proposed rezoning reflects responsible standard for growth and development. 7 Agree; 0 No Opinion; 0 Disagree; Comments: None

 

President, Charles Anderson announced the results, as follows: 7 votes cast; 7 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. County Commissioner/Economic Development- George Loy, White County Attorney, was in person representing this Resolution. The White County Commissioners have acquired approximately 20 acres adjacent to the East side of Reynolds for the purpose of relocating the White County Highway Garage. The White County Redevelopment Commission adopted this Resolution on 09/02/15. There are 2 separate parcels totally approximately 20 acres. There will be no TIF allocation for this project, with the cost all being covered from current funds. The approval process is a 4-step process beginning with the Redevelopment Commission adopting the Resolution, secondly the APC must approve, next it will require approval from the County Commissioners and then finally back to the White County Redevelopment Commission for a public hearing and final consideration. Cathy Gross asked if any neighboring property owners have expressed any opinions. George Loy stated there have been none that they are aware of. The current County Highway Dept. is landlocked without any room for expansion. The White County AG Association own the property to the North of the proposed site, Dahlenburg’s own the property to the East, with US 24 to the South. The County has commenced preliminary Phase 1 Environmental Studies of the property and do not anticipate any significant environmental issues. Cathy Gross made a motion to approve the Resolution for Economic Development for the White County Highway Garage. Mark Bentlage seconded the motion and by show of hands, the motion passed unanimously.

 

  1. Comprehensive Plan Proposals – Steering Committee Selection – Joe Rogers advised the Commission that he presented the APC recommendation for Ratio as the company to prepare the White County Comprehensive Plan to the County Commissioners at their Sept 7th meeting. The County Commissioners have provided support of said recommendation and it will now go before the County Council for funding approval (09-21-15). A Comprehensive Plan Steering Committee needs to be established. The APC voted to submit recommendations to Joe Rogers for steering committee members and he will present these at the next meeting. Ratio has submitted a contract for review. Abigail Diener will review and provide Joe with commentary for Joe to pass on to the Board members.

 

  1. Chapter 3 Zoning Ordinance – 3.10 Wireless Facilities – Joe Rogers notified the APC that new legislation has passed that goes into effect January 1, 2016 that effects wireless communications, particularly regarding the permitting process. A draft amendment was presented to the Board for review and will be presented for final approval at the October 14, 2015 meeting. Upon approval from the APC, the legislative bodies must be presented the amendment for approval prior to the new legislation coming into effect January 1, 2016.

 

  1. BZA Decision Criteria – Joe Rogers outlined that one of the decision criteria for the BZA that is in the mandated portion of the ballot requires that if a Variance is self-imposed it must be denied. The APC had previously decided that they chose to maintain that requirement as part of the decision criteria. The BZA has requested a compromise to the criteria. The self-imposed restriction is not a statutory restriction and is not required to be part of the mandated section of the ballot criteria. The BZA is asking to have the self-imposed criteria moved to the optional section of the ballot. The general practice is not to allow a variance that meets the self-imposed criteria, however the BZA would like the option to consider such requests for certain extenuating circumstances. Brad Ward made a motion for Joe to create an amendment to the Zoning Ordinance that will move the self-imposed criteria from the mandated section to the optional section of the ballot criteria. Richard Lynn seconded the motion. The motion was approved unanimously. Motion carried.

 

  1. Parking Lot Usage: Utilization of parking spaces for alternative uses – Dave Rosenbarger asked at the 8/10/15 APC meeting how the Zoning Ordinance specifically defined parking lot usage. Joe Rogers emailed Dave Rosenbarger sections of the Zoning Ordinance outlining parking usage and supports Joe’s position that the parking lot requirements defined are to be utilized only for parking of vehicles. Using the required parking for alternative uses is currently a violation of the zoning ordinance. Director Rogers asked the Commission if they wanted him to pursue enforcement of these type of parking lot violations. The APC directed Director Rogers to not initiate enforcement actions at this time.

 

  1. Home Occupation & Disposable Sign Recommendation – Disposable Off-Premise Signs: Joe Rogers requests a final decision from the Board on enforcement of violations of off-premise disposable signs. Charlie Anderson asked for a hand vote in favor of Joe managing and enforcing these violations. With all in favor, motion passed. Home Occupations: Joe Rogers presented the APC with recommendations and requests additional direction, specifically relating to criteria for providing for home occupations such as contractors. Charlie Anderson recommended that Joe Rogers draft an amendment for the APC to vote on at the October 13, 2015 meeting. By a show of hands, President Anderson’s recommendation was unanimously approved.

 

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There being no further business, Cathy Gross made a motion to adjourn the meeting at 6:51 p.m., with a second from Mark Bentlage. President Anderson called the meeting adjourned.

 

 

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

 

September 14, 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 – August 10, 2015

 

 

REZONINGS – *Continued from 08/10/15

 

#1036 – TW Buildings, LLC: R-4 (Mobile Home Park Residential District) to B-2 (General Business District); E Lake Rd 65 W, Monon, IN 47959.

 

 

AMENDMENTS – None

 

 

 

 

BUSINESS –

1) County Commissioner/Economic Development – Resolution Approval for Economic Development Area

 

2) Comprehensive Plan Proposals – Steering Committee Selection - 07/17/15 Staff Memo

 

3) Home Occupations – Recommendations (continued from 08/10/15)

 

4) Parking Lot Usage – Utilization of parking spaces for alternative uses.

 

5) CH 3 Zoning Ordinance – 3.10 Wireless Support Structures and Wireless Facilities Draft Amendment

 

6) BZA Decision Criteria – BZA Clarification Points (01/28/15 Meeting Minutes) and Clarification Points