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APC MEETING – September 12, 2016

The White County Area Plan Commission met Monday September 12, 2016, at 6:00 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

Roll Call: Present: Charles Anderson, James Annis, Richard Lynn, Doug Pepple, Dennis Sterrett, Dave Stimmel, Brad Ward, Joseph Rogers (Non-voting), Tina Cronkhite (Non-voting) & Abigail Diener (Non-voting). Absent members were: Richard Bender, Dave Rosenbarger, and Mike Smolek.

Registered visitors were: David & Becky Livesay, Dwight Moore, Dave Anderson, Jamie Lynch, Greg Lynch, Ashley Federer, Chad Crain, Lori Clark, Jack DuVall, Deborah L. Cox, and Hibbard Cox.

The meeting was called to order by Charlie Anderson.

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Opening Business:

Reading Of The Minutes: There was a motion by Doug Pepple and a second by Jim Annis to approve the meeting minutes of 08/08/16 APC Meeting.  Approved unanimously, so moved.

Tablet distribution: Tablets were distributed to the final APC Board Members with a short tutorial given by Tina Cronkhite.

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Rezones:

#1052 – Estate of Joan M Leonard by Lester Leonard Jr., Personal Representative: B-2 (General Business) District to L-1 (Lake) District – 4969 E White Point Dr., Monticello, IN  47960; Union Township. This request is for the purpose of property sale and improvements.  This parcel was base line zoned B-2, General Business in 1972.  There are no records outlining the reasoning of any base line zoning.  It was common for properties, which had business prospects, to be zoned B-2 even though they were home to residential use.  With this property being located in the general “Beach area” and to other commercial operations, it likely does have some level of commercial prospects.  However, the residential use seems more appropriate since the site has no direct access to a commercial grade roadway.  The original zoning ordinance permitted residential use in a B-2 district.  This was eliminated with the 1995 ordinance thus creating a series of legal non-conforming uses.  This rezone would bring this site into compliance.  The Staff finds incompatibility with this request and the Comprehensive Plan and would like to see the legal non-conforming status eliminated.  The office had no community response to this request.

Ashley A. Federer, Attorney for the Estate of Joan M Leonard, was in person to represent this rezone request.  The property has been for sale for approximately one year and all perspective buyers want the property rezoned in order to use the site as residential.

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. 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: None

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

6 Agree; 1 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. 5 Agree; 2 No Opinion; 0 Disagree; Comments: None

President, Charles Anderson announced the results, as follows: 7 votes cast; 7 in Favor - 0 Opposed – 0 No Recommendation.  Rezone request will be certified to the appropriate legislative body with a “Favorable” recommendation.

Subdivisions:

#334 - Maddi’s Subdivision – Application for New Minor Subdivision: David D & Rebbecca A Livesay – 3116 E Division Rd., Monticello, IN  47960; New Two (2) Lot Minor Subdivision.  Joe Rogers, Executive Director advised the Board that the Tech Review Committee met and reviewed this request as required by the Subdivision Ordinance.  Joe also read all community communication and the changes requested by the Tech Review Committee regarding this application (see file).  All changes requested by the Tech Review Committee from 7/22/16 have been made to the proposed subdivision plat.  David Livesay was in person representing the application for the new Minor Subdivision, Maddi’s Subdivision.

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

President, Charles Anderson announced the results, as follows: 7 votes cast; 7 in favor - 0 opposed – 0 Abstentions.   See attached Finding of Fact: Minor Subdivision #334; Maddi’s Subdivision.

#SA080916 – Maple Bend No. 6 Subdivision – Application for Amended Subdivision Plat: Hibbard R & Deborah L Cox – Revise Lots 7, 8 & 9 – Amend cul-de-sac & minimum building setbacks.  Commonly known as 6628, 6632 & 6636 E Sugar Maple Court, Monticello, IN  47960

Plat review was conducted by the Tech Review Committee (see minutes dated August 18, 2016.) as required by the subdivision ordinance.  Joe Rogers, Executive Director, read the community communication received pertaining to this application and outlined the amendment request.   Joe Rogers told the Board he advised the Tech Review Committee he had received three emails from other Tech Review contacts.  None had any objections to the request.  The Tech Review Committee had no objections to the request, with one condition, that the right-of-way in front of lots 6 & 7 be increased to 60’ to allow for access of emergency vehicles.  The applicant agreed to the request and amended the proposed plat.  Dave Anderson was in person representing the application for the Amended Subdivision Plat.  The request is primarily for the purpose of adding an addition onto the dwelling.   Dave Anderson stated that the property owner, Hibbard Cox, had strong concerns regarding the recommended 60’ right-of-way.  Joe Rogers stated the minimum ROW easement for emergency vehicles is 50’ and 60’ for county roads.  The proposed 60’ meets the minimum standard requirement and is consistent with all requests by the Tech Committee for Minor Subdivisions.  The 60’ right-of-way does not limit the proposed building addition.

Jack Duvall, a neighboring property owner to the North raised concerns about the maintenance of the road right-of-way on the South side of the fence.  Weeds have overgrown along the fence row and have caused problems as they grow into the bean field.  Jack has no other objections to the request.  Joe Rogers explained that it is the responsibility of the property owners to maintain that right-of-way.

There being no additional questions, ballots were passed out by Abigail Diener.  President, Charles Anderson announced the results, as follows: 7 votes cast; 7 in favor - 0 opposed – 0 Abstentions.   See Findings of Fact #SA080916 – Maple Bend No. 6 Subdivision.

Amendments –

#A49 – Compact Housing/Setbacks – CH 3 – 3.16.9 Category 8: Vacation Homes, CH 4 – 4.3.7 Use, storage or parking of recreational vehicles, CH 8 – Table 8.6 Off-Street Parking Req., CH 14 – Definition, Appendix A-Official Schedule of Uses, & Appendix B-Bulk Use Chart: The purpose of this amendment is to create standards, definitions and allowances for the construction and use of compact housing.  In addition, an evaluation of all bulk use standards was completed to provide a more standardized application of developmental standards.  This amendment addresses definitions, innovative construction technologies, appropriate locations and conditions for allowing compact housing.  The amendment provides more standardized bulk use standards to assure greater consistency in application of those requirements and will provide more development opportunities for property owners.

Joe Rogers, Executive Director, stated to the Board that there was conflicting information received on the term “Park Home” and the meaning and how it was to be used.  The concept was incorporated initially into the amendment, however the manufacturers advertise that the park homes are to be permanently located RV’s.   The recommendation is that all references of “Park Homes” be deleted from the proposed amendment.  The Board voted to approve the amendment conditional on the office removing all “Park Home” references from the amendment by a show of hands.

Other Business: 1) Comprehensive Development Plan – Ongoing – Reminder of scheduled Open Houses in October. Joe Rogers, Executive Director, stated that the Housing Element of the Comprehensive Plan is approximately 90% complete.  The Transportation Plan is scheduled to go back to Ratio for revision later this week.  The next Steering Committee meeting is scheduled for September 23, 2016 and it is expected that a complete draft document will be presented to the Steering Committee at that time.  The draft document will also be forwarded to each APC Board member for review.  Please let Joe know if you have any questions or concerns relating to the draft plan.

2) B-1 (General Business) District Review – Joe presented a Standards Allowance for the draft amendment on a new zoning district that provides for the downtown areas.  The new downtown zoning district will eliminate all setbacks to all property lines.  Additional changes will be no minimum lot size requirement and no maximum lot coverage.  All parking requirements will also be eliminated.  It is also recommended that this include mixed uses and make allowances for Administrative splits of lots.  The Board voted to allow Joe Rogers to prepare an amendment for vote.

3) Micro-Towers – Joe Rogers highlighted the growing practice of companies claiming utility status for micro-towers and are putting them in right-of-ways.  Joe explained the need to have an ordinance in place to regulate the use of these towers in right-of-ways.  In the meantime, all proposed micro-towers will be regulated under the current cell tower ordinance section.  Joe will send the Board a copy of the model ordinance for review.

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There being no further business, Dave Stimmel made a motion to adjourn the meeting at 7:03p.m., with a second from Jim Annis.  President Anderson called the meeting adjourned.

Respectfully submitted,

Tina M Cronkhite, Secretary

White County Area Plan Commission

Joseph W. Rogers, Executive Director

White County Area Plan Commission

Document Prepared By: White County Area Plan Secretary, 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 12, 2016 – 6:00 p.m.

2nd Floor Conference Room

White County Building

Monticello, IN  47960

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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 –   Approve 08/08/16 APC Meeting Minutes

OPENING BUSINESS - Distribute tablets to Board Members

REZONINGS – #1052 – Estate of Joan M Leonard by Lester Leonard Jr., Personal Representative: B-2 (General Business) District to L-1 (Lake) District – 4969 E White Point Dr., Monticello, IN  47960; Union Township. For the purpose of property sale and improvements.

SUBDIVISIONS – #334 - Maddi’s Subdivision – Application for New Minor Subdivision: David D & Rebbecca A Livesay – 3116 E Division Rd., Monticello, IN  47960; New Two (2) Lot Minor Subdivision

#SA080916 – Maple Bend No. 6 Subdivision – Application for Amended Subdivision Plat: Hibbard R & Deborah L Cox – Revise Lots 7, 8 & 9 – Amend cul-de-sac & minimum building setbacks.  Commonly known as 6628, 6632 & 6636 E Sugar Maple Court, Monticello, IN  47960

AMENDMENTS – #A49 – Compact Housing/Setbacks – Continued

BUSINESS –

1) Comprehensive Development Plan – Ongoing – Reminder of scheduled Open Houses in October.

2) B-1 (General Business) District Review – progress on the draft amendment for a new zoning district that provides for the downtown areas.

3) Micro-towers

Individuals requiring reasonable accommodations for participation in this event should contact the White County Title VI Coordinator a minimum of 48-hours prior to the meeting at:

Leah Hull, Title VI Coordinator, 110 N MAIN ST, PO BOX 260, MONTICELLO, IN 47960

574-583-4585

White County Building & Planning

FILE #

Minor Subdivision #334; Maddi’s Subdivision

APPLICANT

David D & Rebbecca A Livesay

IDENTIFICATION

Parcel #: 91-73-31-000-002.401-020 (Tax ID #: 014-20430-01)

LOCATION

3116 E. Division Road, Monticello, IN   47960

REQUEST(S)

New Two (2) Lot Minor Subdivision

PURPOSE

To provide 2 lots for residential development

HEARING DATE

September 12, 2016

FILE #

Amended Subdivision #SA091216

APPLICANT

Hibbard & Deborah Cox

IDENTIFICATION

Maple Bend Subdivision Number Six – Revised

LOCATION

6632 E Sugar Maple Ct, Monticello, Indiana  47960; Lot #8;

Tax ID #: 007-12330-18; Parcel #: 91-83-10-000-015.918-010;

REQUEST(S)

Applicants request a replat elimination of cul-de-sac and revision of setback standards.

PURPOSE

The amendment request is to allow application of current county setback standards to all lots and to eliminate the cul-de-sac impacting Lot #8 to provide additional room for development.

HEARING DATE

September 12, 2016

110 N Main St.         PO Box 851       Monticello, IN  47960

Phone: (574)583-7355       Fax: (574)583-4624

www.whitecountyindiana.us

FINDINGS OF FACT

The Area Plan Commission (hereinafter referred to as “Board”) of White County, Indiana, at a public meeting, properly advertised pursuant to IC 5-3-1-2 and IC 5-3-1-4, having heard testimony and reviewed evidence related to the following request(s), does now enter the following

Findings of Fact:

1) The property is located in an A-1, General Agriculture District;

2) A minor subdivision is provided for by Chapter 4 of the White County Indiana Subdivision Control Ordinance;

3) A minor subdivision is a permitted use for an A-1 District;

4) The proposal calls for two lots, Lot #1 and Lot #2, with Lot 1 currently used for residential purposes which is intended to continue; Lot 2 would be preserved with the intention of utilizing for future residential development;

5) Legal Description: A tract of land in the Northwest Quarter of the Northwest Quarter of Section 31, Township 27 North, Range 3 West in Union Township, White County, Indiana (see file for boundary survey with full legal, Recorder’s document #: 93-03-0845);

6) The property lies in a geographic area primarily dedicated to agricultural uses except on along the southeast corner section of the original property which is zoned I-2, Heavy Industry;

7) The current use of the parcel is for a single family dwelling unit with excess acreage;

8) The applicant provided an initial plat, undated, for Tech Review which included proposed lot boundaries, lot sizes, proposed rights-of-way designation and the minimum setback standards and other pertinent subdivision standards (see file for plat);

9) The applicant provided a revised plat dated October 22, 2016, received that same day, which incorporated changes suggested by the Tech Review Committee (see file for revised plat);

10) Executive Director Rogers read into the record the minutes from the July 22, 2016 Tech Review Committee meeting which provided the plat changes requested by the committee (refer to file for minutes).

11) The Staff believes all changes requested by the Tech Review Committee were incorporated into the revised plat.

12) Proper notice of the amendment request was given by mail to adjoining property owners;

13) The amendment request was advertised in the paper as required by IC 5-3-1-2 and IC 5-3-1-4;

14) The Staff received one communication from the community which asked for clarification of the exact request which was provided; the citizen expressed no objection to the request (see file for Citizen Feedback Log);

15) In attendance at the hearing pertaining to this matter were David & Rebecca Livesay (property owners);

16) Mr. Livesay represented the request and offered to answer any questions the Board members might have; there were none;

17) President Anderson opened the floor to the public; there being no other parties indicating a desire to speak, APC attorney, Abigail Diener passed out ballots to the Board members for voting.

Ordinance Consideration Criteria

The Board determined that the Standards of the White County Indiana Subdivision Control Ordinance have been met.

For that reason, the Board gave PRIMARY APPROVAL of the request for a new subdivision to be identified as Maddi’s Subdivision, and it was so ordered, September 12, 2016.

Submitted By:

Joseph W. Rogers, Executive Director Tina M Cronkhite, Secretary

White County Area Plan Area Plan Commission

White County Building & Planning

110 N Main St.         PO Box 851       Monticello, IN  47960

Phone: (574)583-7355       Fax: (574)583-4624

www.whitecountyindiana.us

FINDINGS OF FACT

The Area Plan Commission (hereinafter referred to as “Board”) of White County, Indiana, at a public meeting, properly advertised pursuant to IC 5-3-1-2 and IC 5-3-1-4, having heard testimony and reviewed evidence related to the following request(s), does now enter the following Findings of Fact:

18) The subdivision is property is located in an A-1, General Agriculture District; The plat calls for all Lots to be rezoned to RR, Rural Residential District;

19) The subdivision is identified as Maple Bend No. 6 Subdivision, which is a 3 lot subdivision which was recorded on Oct 18, 1995;

20) The property lies in a geographic area primarily dedicated to residential and agricultural uses;

21) The current use of the lots are as single family dwelling units or vacant awaiting development;

22) The properties impacted by the request are as follows:

a) Lot 9, Maple Bend No. 6 Subdivision, Parcel ID #: 91-83-10-000-015.917-010

b) Lot 8, Maple Bend No. 6 Subdivision, Parcel ID #: 91-83-10-000-015.918-010

c) Lot 7, Maple Bend No. 6 Subdivision, Parcel ID #: 91-83-10-000-015.919-010

d) Parcel ID #: 91-83-10-000-015.700-010; An independent tract of ground abutting Sugar Maple Ct.

23) The applicant provided a plat dated August 30, 2015 reflecting the applicant’s requested revisions and changes requested by the Tech Review Committee; these changes consisted of a rezone of the properties to RR from A-1, increase in ROW width to 60’ vs 40’, change in setback standards and elimination of the cul-de-sac.

24) Joe Rogers read into the record the minutes of the Tech Review Committee Meeting held August 18, 2016 (see file).  The submitted plat dated August 30, reflects compliance to all Tech Review Committee requests;

25) Proper notice of the amendment request was given by mail to adjoining property owners;

26) The amendment request was advertised in the paper as required by IC 5-3-1-2 and IC 5-3-1-4;

27) The Staff received communications from the general public documented in a Citizen Feedback Log (see file).  The feedback was summarized to the Board by Director Rogers. The primary concern expressed was vegetation maintenance of the road rights-of-way and Director Rogers clarified for the Board that the office interprets that maintenance of a private road in a subdivision is the responsibility of the subdivision property owners until such time as the road is accepted into the county or municipality inventory by the appropriate transfer process;

28) The Staff received e-mail communications from three Tech Review Committee associated members with no objections to the proposed modification, they were:

a) Mike Darter – Twin Lakes Regional Sewer District

b) Mike Anderson – Buffalo Fire Department

c) Sharon Watson – White County Soil & Conservation District

29) In attendance at the hearing: David Anderson spoke on behalf of the request; Mr. Anderson asked, on behalf of the applicants, why a 60’ rights-of-way was being requested by Tech Review and asked if the Board would consider dropping that requirement; Director Rogers explained that a 60 foot rights-of-way is the standard rights-of-way required by zoning ordinance for the purpose of assuring multiple emergency vehicles, county highway trucks, etc. can access any property simultaneously being able to ingress and egress; the request for the rights-of-way reduction was not approved.

Ordinance Consideration Criteria

1) The Board concludes that the application and documentation package is complete and requires no additional information;

2) The Board confirms that 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; and,

3) The Board refers to Tech Review approval as confirmation that an impact statement was submitted summarizing the effect of all changes including covenants, restrictions, or commitments.

For all the foregoing reasons, the Board APPROVED the request to amend the subdivision plat, and it was so ordered, September 12, 2016.

Submitted By:

Joseph W. Rogers, Executive Director Tina Cronkhite, Secretary

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White County Area Plan Area Plan Commission