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APC MEETING – March 13, 2017

 

The White County Area Plan Commission met Monday March 13, 2017, at 6:00 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

 

Board Members Present: Charles Anderson, Mike Smolek, James Annis, Richard Lynn, Brad Ward,

Abbey Gross. Board Members Absent: Dave Rosenbarger, Dennis Sterrett, Doug Pepple and Dave

Stimmel


 

Planning Department Representatives: Colin Betts, Executive Director; Joseph Rogers, Area Plan Staff; Tina M. Tiede, APC Secretary; and, Abigail Diener (Attorney)

 

Registered visitors were: See attached Visitor Registration

 

 

The meeting was called to order by Charlie Anderson.

 

 

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Approval Of The Minutes: There was a motion by Brad Ward and a second by Jim Annis to approve the meeting minutes of 01/09/17 Regular APC Meeting and the 02/13/17 Special APC Meeting. Approved unanimously, so moved.

 

 

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Rezones:

 

#1057 – Town of Monon: The proposed zoning map amendment involves consideration of a change of the zoning districts within the Monon Corporate Boundary from: B-1 (Neighborhood Business District), B-2 (General Business District) and R-2 (Single and Two-Family Residential District) to B-4 (General Business Dense Development District); and A-1 (General Agriculture District) to R-1 (Single-Family Residential District) & R-2 (Single and Two-Family Residential District). Maps showing the parcels impacted by this proposal are available for viewing at the Monon Town Hall or the White County Area Plan Office (located on the second floor of the White County Government Center in Monticello) and will be available for the March 13, 2017 public hearing on this matter.

 

The purpose of this rezone request is to bring properties into compliance with their actual use or rezoned to a district compatible with site conditions. The intent is to eliminate potential incompatible property uses within the town’s limits and to accommodate business development conditions which are currently in conflict with their district assignment.

 

Joseph Rogers represented the Town of Monon in the rezone request. The application was prepared by the Area Plan Staff at the request of the Monon Town Council. The application includes a request to rezone all of the A-1 (General Agriculture District) parcels within the Monon Corporate Boundary to an R-1 (Single Family Residential District) or R-2 (Single & Two-Family Residential District) and also to rezone the designated downtown properties to the new B-4 (General Business Dense Development District).

 

Terry Saunders voiced her opposition to being rezoned from B-1 (Neighborhood Business District) to the B-4 District, however Joe Rogers stated that her house is currently not legally conforming because of the B-1 District. A Single-Family Dwelling is not permitted in a B-1 District unless it is on the upper floor of a business, so the new B-4 Zoning District actually brings her into compliance.

 

Tim Brown, Monon Town Clerk/Treasurer, shared that the Monon Town Hall has had approximately 30 citizens in to review the rezone maps and get additional information on the rezone request. Tim also questioned the exclusion of the parcel at 115 W 4th St. owned by Ann E Bondi. Joe Rogers explained that this parcel was overlooked in the preliminary maps, however it has been added to the list of parcels subject to be rezoned to the B-4 District and the property owners have no objection to that. The Bondi’s did receive a letter notification of the rezone request.

 

Jacob Garling submitted a petition from 12 of the affected property owners against the rezone of the A-1 parcels to residential districts. (Exhibit A) The primary objections include that many of these property owners were forcefully annexed into the Monon Corporate Boundary and it was not their wish to live within the town limits and have residential zoning. The desire to maintain the A-1 (General Agriculture) District and the permitted uses for that zoning district are not uses that these residents wish to lose by being rezoned to residential or worry about maintaining any grandfathering status. Discontinuing any use currently permitted in the A-1 District for a year will terminate any grandfathered use if these parcels are rezoned to R-1 or R-2 District. None of these properties are in residential subdivisions and rest along the outer sections of the town boundaries. Eric Mosher, Rob Bilderback, Claude Johnson, John Keating, Joe Harris, and Tom Burbage were all present and voiced their opposition to the rezone petition.

 

 

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. 2 Agree; 3 No Opinion; 1 Disagree; Comments: Would vote for B-4 but too much outreach on other; Some of the rezoning

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.

2 Agree; 2 No Opinion; 2 Disagree; Comments: Landowners stated disagreement with changes. Purchased properties with existing conditions; Some of the rezoning

 

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

0 Agree; 5 No Opinion; 1 Disagree; Comments: Would like to see parcels re-evaluated for clarification; Some of it

 

4. The proposed rezoning will not have an adverse effect on the value of properties throughout the jurisdiction. 0 Agree; 4 No Opinion; 2 Disagree; Comments: A-1 Districts need to be addressed-not all fall into the same category; may have a +/- effect

 

5. The proposed rezoning reflects responsible standard for growth and development. 3 Agree; 3 No Opinion; 0 Disagree; Comments: Some

 

President, Charles Anderson announced the results, as follows: 6 votes cast; 2 in Favor - 4 Opposed – 0 No Recommendation. Rezone request will be certified to the appropriate legislative body with an “Unfavorable” recommendation.

 

Tim Brown, Monon Clerk/Treasurer stated that the next Monon Town Board Meeting is scheduled for March 21, 2017 at 5:30 p.m. The Monon Town Board will make the final decision on this rezone petition.

 

 

Subdivisions:

 

#SA123016 – Tippecanoe Springs Subdivision #2 – Amended Subdivision Plat: TIPPECANOE SPRINGS #2 SUB LOTS 17-23; Union Township; White County, Indiana. Applicant – Charles Roberts

 

Contractor, Eric Stevenson was in person to represent the request to amend the subdivision plat. The amendment request is for the primary purpose of changing the minimum building setbacks from those designated on the plat for the purpose of remodeling the existing dwelling and adding additions. In addition, the zoning district would be amended on the plat to reflect the current L-1 District from the obsolete R-5 District assignment from the original plat. The Tech Review Committee met on January 13, 2017 to review the proposal for amending the Tippecanoe Springs #2 Subdivision Plat. These minutes were read into record by Colin Betts, Executive Director. See Exhibit B for the official Tech Review Meeting Minutes.

 

Joel & Betsy Hall, existing property owners in the subdivision were present to object to the amendment of the subdivision plat. Subdivision property owners Ray Farr and Amy Arbogast sent an email on 03/13/17 objecting to the proposed amendment (see sub file) and Betsy Hall also read this email into record.

 

Tech Review Member Dennis Sterrett has requested that all of the existing property owners agree to the amendment of the plat. In Dennis Sterrett’s absence, Brad Ward made a motion to add a condition that would require all of the existing property owners in the subdivision to sign a notarized agreement form before the amendment is valid, with a second from Jim Annis. Approved unanimously, motion passed.

 

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

 

President, Charles Anderson announced the results, as follows: 6 votes cast; 2 in favor - 4 opposed – 0 Abstentions. The Subdivision Control Ordinance requires that a quorum of the APC in order for a vote to be accepted. This petition will be continued to the next APC meeting for re-consideration.

 

#335 – Dodge Camp Subdivision – New Minor Subdivision: New 2 Lot Subdivision from Parcel ID: #91-63-04-000-008.600-021; Tax ID: #021-07100-00; OUT S/S E NE; 4-26-3; 3.00. Applicant – MPL Properties LLC, c/o: Kenneth C. Hardebeck. The owners wish to split the 3.037 acre parcel into 2 lots; Lot 1 being 0.892 acres and Lot 2 being 2.144 acres. Attorney, Joseph Bumbleburg was in person to represent the application for the new Minor Subdivision, Dodge Camp Subdivision. Mr. Bumbleburg submitted the most current and accurate plat of the proposed subdivision. A Tech Review Committee met December 8, 2016 (see Exhibit C for the official Tech Review Meeting Minutes). Property owner, Kenneth Hardebeck was also present and gave a review of the proposed subdivision. The plat submitted by Mr. Bumbleburg was presented to the public in attendance for viewing. APC President, Charlie Anderson reminded the Board and the public in attendance that the only application that is being voted on at this meeting is a subdivision of property. This application does not include any rezoning of the property and the consideration must only be given to the whether the proposal meets the criteria for a minor subdivision.

 

Monticello Parks Superintendent, Mitch Billue stated for they have been working for the past 2-3 years to develop this area as a public access site to the lake. Mitch stated his biggest concern with the proposal is parking. Monticello City Mayor, Ken Houston voiced his concern with the possible intended use for the site relating to the sewer line that was added. Mayor Houston and the city agreed to run city sewage to the site only for the purpose of a grandfathered use of a bait/snack shop and the intent was not for what appears to be the future intended use by Mr. Hardebeck. Armory Road resident, Robin Hooker stated her opposition to the proposed subdivision.

 

Kenneth Hardebeck said his future development plans for the site do now include a restaurant and pub and the City of Monticello was in attendance at the Tech Review meeting and no concerns were mentioned regarding the sewer at that time. Attorney Abigail Diener reiterated that the APC cannot consider the future use of the site at this time, only whether the application meets the qualifications for a minor subdivision. There being no additional questions, ballots were passed out by Abigail Diener.

 

President, Charles Anderson announced the results, as follows: 6 votes cast; 6 in favor - 0 opposed – 0 Abstentions. See attached Finding of Fact: Minor Subdivision #335; Dodge Camp Subdivision.

 

 

 

Amendments

#A51-Cell Towers: CH 3 Specific Use Requirements & Performance Standards & CH 14 Definitions – 3.10.2 New Wireless Support Structures and Wireless Facilities & CH 14 Definitions – Pending status of SB213. Legislation at the State House has passed Senate and still needs to pass the House.

 

 

Other Business:

1) Comprehensive Development Plan– Ongoing – The final draft for public review has been approved by the Area Plan Commission and approval is still pending from all of the legislative bodies.

 

 

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There being no further business, Brad Ward made a motion to adjourn the meeting at 7:41 p.m., with a second from Jim Annis. President Anderson called the meeting adjourned.

 

 

Respectfully submitted,

 

 

Tina M. Tiede, Secretary

White County Area Plan Commission

 

 

Colin Betts, Executive Director

White County Area Plan Commission

 

 

Document Prepared By: White County Area Plan Secretary, Tina M. Tiede “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

 

 

 

 

Exhibit B

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

 

January 13, 2017

 

Charlie Roberts

613 E. Tippecanoe Springs Ct.

Monticello, IN 47960

 

Ref: Tippecanoe Springs #2 Subdivision

 

Dear Mr. Roberts,

 

On Friday, January 13, 2017 at 9:00 am, the Area Plan Technical Review Committee reviewed the proposal for amending the Tippecanoe Springs #2 Subdivision Plat. Following is a summary of that meeting.

In attendance: Tech Committee Members: D. Sterrett, J. Rogers, D. Pepple

Developer: Eric Stevenson; General: Jacob Garling

 

The meeting was opened by Director Rogers with an explanation to the attendees of the process that is required of a minor subdivision. The applicant’s representative was also advised that the minutes of this meeting would be available to him by the end of the day on January 17, 2017. Once all documentation is modified to incorporate the recommendations of the Tech Review Committee, the documents should be brought to the Area Plan Office for scheduling of Plat review with the Area Plan Commission.

 

Plat Modifications & Document Changes:

  1. It was agreed by Mr. Stevenson and the Tech Committee that the following changes will apply to all lots within the subdivision;

  2. Once the proposed amended plat is scheduled for hearing with the APC, all property owners within the plat will be notified of the meeting time and the changes proposed;

  3. The zoning designation on the plat should be changed to reflect an L-1 District designation;

  4. The setback table should be labeled to indicate that it applies to principal structures only with the side setback in the table changed from 20’ to 8’ and the front setback (lakeside) changed from 100’ to 75’;

  5. The plat should be changed so that the lakeside is designated as the front yard and the roadside as the rear yard;

  6. An accessory table should be added reflecting setbacks for accessory structures as follows: Front = 75’, Rear = 20’, Side = 5’;

  7. A 10’ strip of land along the roadside property lines for the entire subdivision should be dedicated to the public for rights-of-way; and,

  8. A new amended plat will need to be generated including all legal notices, certifications, descriptions and approval, signature designations.

 

Meeting adjourned.

 

Sincerely,

 

 

Joseph W. Rogers

Executive Director

White County Area Plan

Exhibit C

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

 

December 9, 2016

 

R.W. Gross & Associates

420 Columbia Street Ste. 100

Lafayette, IN. 47901

 

Ref: Dodge Camp

Parcel #: 91-63-04-000-008.600-021; Tax ID #: 0210710000

 

Dear Bob,

 

On Thursday, December 9, 2016, the Area Plan Technical Review Committee reviewed the plans for the proposed subdivision to be located at 409 Dodge Camp in White County Indiana. Following is a summary of that meeting.

In attendance:

Tech Committee Members: D. Sterrett, J. Rogers, D. Ward, D. Pepple, M. Smolek, M. Bentlage

Developer: K. Hardebeck, B. Gross

General: Brad Ward, J. Bumbleburg

City of Monticello: K. Houston, F. Arthur, R. Pool

 

The meeting was opened by Assistant Director Bentlage with an explanation to the applicant of the process that is required of a minor subdivision. The applicant was also advised that the minutes of this meeting would be available to him by the end of the day on December 9, 2016. Once all documentation is modified to incorporate the recommendations of the Tech Review Committee, the documents should be brought to the Area Plan Office for scheduling of Plat review with the Area Plan Commission. The deadline for filing is December 14, 2016.

Plat Modifications & Document Changes:

  1. The Plat needs to have a legend that contains a description for all lines that are shown.

  2. A 30 foot ROW from the center of the Armory Road pavement must be depicted on the drawing with any portion which falls across the applicant’s property dedicated to the public for ROW.

  3. Setback off the east boundary of lot 2 will need to be moved as dictated by the location of the “new” ROW line.

  4. The Dodge camp road Ingress/Egress route for Lot 1 needs to be shown on the plat.

  5. A minimum 15’ water line easement from lot 2 to lot 1 needs to be provided on the plat.

  6. A minimum 20’ sewer easement across lot 1 to the sewer connect route must be shown.

  7. R 2 designation for both lots to be shown on the Plat.

 

 

Meeting adjourned.

 

Sincerely,

 

 

Mark Bentlage

Assistant Director

White County Area Plan

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

 

FILE #

Minor Subdivision #335; Dodge Camp Subdivision

APPLICANT

MPL Properties, LLC; c/o: Kenneth Hardebeck

IDENTIFICATION

Parcel #:91-63-04-000-008.600-021; (Tax ID #:021-07100-00)

LOCATION

409 Dodge Camp Way, Monticello, IN 47960

REQUEST(S)

New Two (2) Lot Minor Subdivision

PURPOSE

To provide 2 lots for future development

HEARING DATE

March 13, 2017

 

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 R-2, Single and Two-family Residential 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 R-2 District;

  4. The proposal calls for two lots, Lot #1 and Lot #2, with Lot 1 currently used for commercial purposes under “grandfathering” provisions of the White County Indiana Zoning Control Ordinance, Lot #2 is currently vacant;

  5. No zoning district changes were considered as a part of this request;

  6. Legal Description: OUT S/S E NE; 4-26-3; 3.00 in Union Township, White County, Indiana (see file for boundary survey with full legal, Recorder’s document #: 131208254);

  7. The property lies in a geographic area primarily dedicated to residential uses;

  8. The parcel is currently used for commercial purposes;

  9. The applicant provided an initial plat on 11/30/2016, dated 10/17/16 , 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);

 

  1. The applicant provided a revised plat dated February 15, 2017, which incorporated changes suggested by the Tech Review Committee (see file for revised plat);

 

  1. Executive Director Colin Betts read into the record the minutes from the December 8, 2016 Tech Review Committee meeting which provided the plat changes requested by the committee (refer to file for minutes);

  2. Proper notice of the amendment request was given by mail to adjoining property owners;

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

  4. The Staff received communication from the community which asked for clarification of the exact request and copies of the proposed plat which were provided; (see file for Citizen Feedback Log);

  5. Joe Bumbleburg represented the request and spoke in favor of the petition advising the Board that the current plat submittal meets all standards of the White County Indiana Subdivision Control Ordinance as well as incorporates all of the requested changes from recommended by the Tech Review Committee;

  6. Mr. Kenneth Hardebeck, the property owner, explained the basis for his request and offered to answer any questions the Board members might have; and,

  7. President Anderson opened the floor to the public; The following citizens spoke against the subdivision for various reasons including parking, intended use, and noise. Monticello Parks Superintendent, Mitch Billue; Monticello City Mayor, Ken Houston; and Armory Rd. resident, Robin Hooker. Refer to the meeting minutes for further detail. 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 Dodge Camp Subdivision, and it was so ordered, March 13, 2017.

 

 

Submitted By:

 

 

Colin Betts, Executive Director Tina M Tiede, Secretary

White County Area Plan Area Plan Commission

 

 

WHITE COUNTY AREA PLAN COMMISSION

 

PUBLIC NOTICE OF REGULAR SESSION

 

March 13, 2017 – 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 01/09/17 APC Regular Meeting Minutes and 02/13/17 APC Special Meeting Minutes.

REZONINGS – #1057 – Town of Monon: The proposed zoning map amendment involves consideration of a change of the zoning districts within the Monon Corporate Boundary from: B-1 (Neighborhood Business District), B-2 (General Business District) and R-2 (Single and Two-Family Residential District) to B-4 (General Business Dense Development District); and A-1 (General Agriculture District) to R-1 (Single-Family Residential District) & R-2 (Single and Two-Family Residential District). Maps showing the parcels impacted by this proposal are available for viewing at the Monon Town Hall or the White County Area Plan Office (located on the second floor of the White County Government Center in Monticello) and will be available for the March 13, 2017 public hearing on this matter.

 

SUBDIVISIONS – #SA123016 – Tippecanoe Springs Subdivision #2 – Amended Subdivision Plat: TIPPECANOE SPRINGS #2 SUB LOTS 17-23; Union Township; White County, Indiana. Applicant – Charles Roberts

 

#335 – Dodge Camp Subdivision – New Minor Subdivision: New 2 Lot Subdivision from Parcel ID: #91-63-04-000-008.600-021; Tax ID: #021-07100-00; OUT S/S E NE; 4-26-3; 3.00. Applicant – MPL Properties LLC, c/o: Kenneth C. Hardebeck

 

AMENDMENTS – #A51-Cell Towers: CH 3 Specific Use Requirements & Performance Standards – 3.10.2 New Wireless Support Structures and Wireless Facilities & CH 14 Definitions - Ongoing

 

 

BUSINESS –

 

1) Comprehensive Development Plan – Approval is still pending from all of the legislative bodies.

 

 

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

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574-583-4585

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