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APC MEETING – June 12, 2017

 

The White County Area Plan Commission met Monday June 12, 2017, at 6:00 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

 

Board Members Present: Charles Anderson, Dennis Sterrett, Doug Pepple, Dave Stimmel, James Annis, Brad Ward, Abbey Gross, & Richard Lynn.  Board Members Absent: Dave Rosenbarger and Mike Smolek

 

Planning Department Representatives:  Colin Betts, Executive Director; 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 Doug Pepple and a second by Jim Annis to approve the meeting minutes of the 04/10/17 APC Regular Meeting Minutes and the 04/26/17 Special Meeting Minutes.

Approved unanimously, so moved.

 

 

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OPENING BUSINESS – Consideration of the APC Hearing Examiner and BZA Hearing Officer.  Abigail Diener informed the Board that these are positions created by statute and have been adopted to the White County Zoning Ordinance to allow a person to be appointed with the authority to conduct public hearing meetings required to be held by the Area Plan Commission and/or Board of Zoning Appeals, excluding any authority or decisions provided for in the Subdivision Control Ordinance or the 700 Series, Subdivision Control or State Statute IC 36-7-4.  Previously, the APC appointed former Area Plan Director, Joseph Rogers, to these positions on a limited basis.  The 09/12/2011 APC Meeting Minutes reflects the following:  “Director Rogers informed the board that there is baseline zoning (zoning determined with the inception of Area Plan) that, for example, is a business zoning in a residential district.  These homes are legally nonconforming.  Our ordinance does not allow expansion of nonconforming structures, nor does it allow a nonconforming structure to be reconstructed if it should be destroyed.  Lenders are denying funding in these situations. The board agreed the rezone filing fee should be waived in such cases.  The only way to avoid the time delay of possibly two months for a homeowner waiting for a meeting is to implement the Hearing Examiner procedure.  Joe Rogers was nominated as Hearing Examiner.  No other nominations were forthcoming.  Dave Rosenbarger moved that the board vote to appoint Joe as Hearing Examiner.  Dave Scott seconded.  The vote passed 10 – 0.  Dave Scott motioned to assign the task of rezoning of baseline errors to the Hearing Examiner.  Dave Rosenbarger seconded.  The motion carried 10 – 0.”  Joe Rogers has served as Area Plan Director for approximately five (5) years at the time of this appointment.

 

Current Area Plan Executive Director, Colin Betts, has requested to be appointed as Hearing Examiner for the APC and Hearing Officer for the BZA in order to hear any and all public meetings without any limitations in the event that the Board could not meet due to lack of quorum.  The Board has the option to appoint anyone to this position and delegate or limit specific powers of authority and will need to consider what, if any limitations they would apply to the position.  In addition, decisions made by the Hearing Examiner/Officer can be appealed only by the applicant to the APC or BZA in a public meeting.

 

Charlie Anderson requested that Colin put together a proposal for the position and what he would like to see it look like.  By show of hands, the Board motioned to table the appointment of Hearing Examiner/Officer until the next meeting in order to have time to review the previous meeting minutes and Colin’s proposal.

 

Rezones:

 

#1062 – Town of Burnettsville:  The proposed zoning map amendment involves consideration of a change of the zoning districts within the Burnettsville Corporate Boundary from: R-1 (Single-Family Residential District) & R-2 (Single and Two-Family Residential District), B-1 (Neighborhood Business District), & B-2 (General Business District) to B-4 (General Business Dense Development District).   (See permanent file Exhibit A for subject parcels).   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. Development standards in the B-4 zoning district are more conducive to reconstruction in case of catastrophic event.  The purpose of this rezone request is to bring properties into compliance with their actual use or rezoned to a district that is 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. Development standards in the B-4 zoning district are more conducive to reconstruction in case of catastrophic event.

 

Linda Brisbin, property owner at 326 S Main St., Burnettsville, addressed the board with her urgency to have this rezone approved.  Linda is trying to sell half of her building and cannot sell until the rezone is approved, in order to be in compliance with a zero setback to the side property lines by dividing the parcel.  Once the APC makes their recommendation, the rezone request will go to the Town of Burnettsville for final approval.

 

Colin Betts read the Staff Report for rezone #1062 into record.  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.  8 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.

8 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.

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

 

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

 

President, Charles Anderson announced the results, as follows:  8 votes cast; 8 in Favor - 0 Opposed – 0 No Recommendation.  Rezone request will be certified to the appropriate legislative body with a “Favorable” recommendation.

 

The rezone request will go before the Burnettsville Town Board at their next meeting on July 6, 2017 for final approval.

 

#1063 – Loren J & Theresa M Farney: I-1 District (Light Industrial) to A-1 District (General Agriculture) – 9193 S 1200 W, Brookston, IN  47923; Round Grove Township.  The rezone request is for the purpose of financing for residential use and development.  Loren Farney was in person to represent the request for rezone.  Loren wants to sell the subject parcel to his son and the insurance company will not allow the construction of a new house because the parcel is zoned I-1 (Light Industrial District).  The current use of the property is residential with agricultural farm ground.  The parcel was rezoned from A-1 to I-1, Mar 19, 1984 (File #319) for the purpose of implement repair consisting of sandblasting, repainting, and welding on machinery.  No sales were to take place.  In accordance with the 2008 White County Indiana Zoning Ordinance, residential use is not permitted in an I-1 district but is permitted in an A-1 district.  The future Land Use Map of the White County Comprehensive Plan classifies this area for agricultural use.  The rezone would bring the property into compliance with both the zoning ordinance and the comprehensive plan.  Subject property owner retains liability for any environmental hazards present on site as a result of any previous industrial activity.

 

Colin Betts read the Staff Report for rezone #1063 into record. 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.  8 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.

8 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.

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

 

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

 

President, Charles Anderson announced the results, as follows:  8 votes cast; 8 in Favor - 0 Opposed – 0 No Recommendation.  Rezone request will be certified to the appropriate legislative body with a “Favorable” recommendation.

 

The rezone request will go to the White County Commissioners at their next meeting for final approval on June 19, 2017.

 

#1064 – Town of Chalmers:  The proposed zoning map amendment involves consideration of a change of the zoning districts within the Chalmers Corporate Boundary from: B-1 (Neighborhood Business District), & B-2 (General Business District) to B-4 (General Business Dense Development District).  (See permanent file Exhibit A for subject parcels).  The purpose of this rezone request is to bring properties into compliance with their actual use or rezoned to a district that is 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. Development standards in the B-4 zoning district are more conducive to reconstruction in case of catastrophic event.

 

Jim Haskell was in person to request that the additional 2 parcels be included in the subject parcels for rezone to B-4 District, parcel # 91-64-34-000-001.500-002 (Lots 65, 66, 67, & 68) and parcel # 91-64-34-000-001.800-002 (Lot 69) located at 207 S 1st St., Chalmers, IN  47929.  The parcels are currently zoned B-1 (Neighborhood Business District) are used for commercial purposes.  The current building needs to be demolished and rebuilt, but cannot be rebuilt to the same footprint due to the B-1 Developmental Standards.

 

Colin Betts read the Staff Report for rezone #1064 into record. There was a motion made by Charlie Anderson to include the 2 parcels into the request for rezone to B-4 District and by unanimous show of hands, motion was passed.  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.  8 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.

8 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.

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

 

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

 

President, Charles Anderson announced the results, as follows:  8 votes cast; 8 in Favor - 0 Opposed – 0 No Recommendation.  Rezone request will be certified to the appropriate legislative body with a “Favorable” recommendation.

 

The rezone request will go before the Chalmers Town Board for final approval at their next scheduled meeting.

 

#1065 – Town of Wolcott:  The proposed zoning map amendment involves consideration of a change of the zoning districts within the Wolcott Corporate Boundary from: R-2 (Single & Two-Family Residential District), B-1 (Neighborhood Business District), & B-2 (General Business District) to B-4 (General Business Dense Development District).  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. Development standards in the B-4 zoning district are more conducive to reconstruction in case of catastrophic event.

 

Jeffery & Chelsea Williams petitioned the Board to remove their parcel (91-76-25-000-010.300-018) at 107 N 2nd St., Wolcott, IN  47995, from the subject parcels for rezone.  The property is currently zoned B-1 District (Neighborhood Business) but is a dwelling used only for residential purposes.  The B-1 Zoning is the baseline zoning for this parcel.  The owners are aware that the parcel will require a rezone to a residential zoning district in order to make any improvements on the parcel requiring a building permit.  The intent is to file for a separate rezone at a later time to a residential zoning district compatible with the current use of the site.

 

There was a motion made by Charlie Anderson to remove parcel #91-76-25-000-010.300-018 from the request for rezone to B-4 District and by unanimous show of hands, motion was passed.  Colin Betts read the Staff Report for rezone #1065 into record. 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.  8 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.

8 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.

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

 

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

 

President, Charles Anderson announced the results, as follows:  8 votes cast; 8 in Favor - 0 Opposed – 0 No Recommendation.  Rezone request will be certified to the appropriate legislative body with a “Favorable” recommendation.

 

The rezone request will go before the Wolcott Town Board for final approval at their next scheduled meeting.

 

 

 

Subdivisions: – #337 – White Oaks Subdivision - New Minor Subdivision: New 2 Lot Subdivision from Parcel ID: #91-63-05-000-000.404-021; Tax ID: #021-19520-04; PT NE 05-26-03; 10.532; 518.  814 S Sixth St., Monticello.  Applicant – Trilogy Real Estate White Oaks II, LLC.  The applicant requests to divide the 10.532 acre parcel into 2 lots for mortgage purposes. Lot 1, which is the site of a nursing care facility, would be 7.521 acres and Lot 2, which is the site of a memory care unit, would be 3.011 acres.  Trilogy owns the memory care unit and rents and manages the nursing home facility. Although on the same property, the two buildings are backed by different lenders.  The applicant intends to replat and divide the parcel into two properties so that each building can be situated on its own lot.  The buildings are connected by a hallway. The application was evaluated during Tech Review on April 4, 2017. No change in any structure, infrastructure, parking lot, detention basin, elevation, drainage, right-of-way, use, or value is expected or proposed.  There is no infrastructure or other design changes proposed that would necessitate an impact study, cost estimate, or performance or surety bond.  Existing stormwater management is sufficient for this project.  Easement 1 is a drainage maintenance easement for Lot #2 to drain into existing Detention Basin #2.  Current setbacks are 30’ Rear and 10’ Side.  Subdivision approval is contingent on Board of Zoning Appeal recommendations.  The applicant requested to reduce rear and side yard setbacks to 0’ to preserve the interconnecting hallway. BZA approved Variance Request #2946 on April 20 2017 (see Findings of Fact and minutes for 20 April 2017).

 

Colin Betts read the Staff Report for Minor Subdivision #337 into record.  Nathan Waggner, Cash Waggner & Associates, was in person to represent the request for minor subdivision.  Nathan stated the reason for requesting the property split was there are two (2) different owners and two (2) different lenders involved.  Colin Betts verified that the Tech Review Committee requirements have all been met (see attached meeting minutes).

 

President, Charles Anderson announced the results, as follows:  8 votes cast; 8 in favor - 0 opposed – 0 Abstentions.   See attached Finding of Fact: Minor Subdivision #337; White Oaks Subdivision

 

 

#338 – Stars Subdivision - New Minor Subdivision: New 2 Lot Subdivision from Parcel ID: # 91-54-12-000-001.201-015; Tax ID: #011-36400-01; NE SE; 12-25-4; 4.446; 520;  8570 S 300 E, Brookston; Prairie Township.  Applicant – Thomas H. & Trudy K Hughes

 

There was no one present at the meeting representing this request for rezone.  Colin Betts read the Staff Report for Minor Subdivision #338 into record.

 

The applicant requests to divide the 4.446 acre parcel into two lots to separate the business knows as System Troubleshooting Automation & Repair Service Incorporated (STARS Inc.) and the residence where the applicant resides.  Lot 1 will be 1.471 +/- acres and will contain the STARS business and related uses.  Lot will consist of approximately 2.36 +/- acres and will contain the owner’s residence.  The application was evaluated by staff and during Tech Review on May 8, 2017 (see minutes). Staff questioned the owner on the nature of the STARS business relative to the zoning district. The White County Zoning Ordinance, Appendix A, allows Automotive Service, Minor in A-1 as a Permitted use, but does not allow Automotive Service, Major.  The owner stated that the business repairs hydraulic parts for farm and tool machinery that is delivered to the site.  After a brief discussion, the committee concluded that this was “Agriculture Service & Support” use, which is permitted in an A-1 district.  No change in any structure, infrastructure, elevation, drainage, use, or value is expected.  No design changes are proposed that would necessitate an impact study, cost estimate, or performance or surety bond.   No drainage plan is required at this time, but any new structures would have to comply with county requirements for drainage and stormwater management.

Colin Betts verified that the Tech Review Committee requirements have all been met (see attached meeting minutes).  There being no additional questions, ballots were passed out by Abigail Diener.

 

President, Charles Anderson announced the results, as follows:  8 votes cast; 8 in favor - 0 opposed – 0 Abstentions.   See attached Finding of Fact: Minor Subdivision #338; Stars 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 - State legislation (SB 213) has been passed and is now state law.  A draft ordinance is still be finalized and should be ready for APC approval by the July APC Meeting.

 

 

 

Other Business:

1) Comprehensive Development Plan– Ongoing – The final draft for public review has been approved by all of the legislative bodies and we are waiting on final copies from Ratio, pending the clarification of the final invoice.

 

 

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There being no further business, Brad Ward made a motion to adjourn the meeting at 6:57 p.m., with a second from Abbey Gross.  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.”

 

 

 

 

 

 

 

 

WHITE COUNTY AREA PLAN COMMISSION

 

PUBLIC NOTICE OF REGULAR SESSION

 

June 12, 2017 – 6:00 p.m.

2nd Floor Conference Room, White County Building

110 N Main St., 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 04/10/17 APC Regular Meeting Minutes and the 04/26/17 Special Meeting Minutes.

 

OPENING BUSINESS – Consideration of the APC Hearing Examiner and BZA Hearing Officer.

REZONINGS –

 

#1061 – Green, Kenneth R & Melanie L: B-2 District (General Business) to A-1 District (General Agriculture) – 3753 N Lake Road 28 E, Monticello, IN  47960; Liberty Township.  The rezone request is for the purpose of expanded boat storage development. – Applicant has continued until an undetermined date.

 

#1062 – Town of Burnettsville:  The proposed zoning map amendment involves consideration of a change of the zoning districts within the Burnettsville Corporate Boundary from: R-1 (Single-Family Residential District) & R-2 (Single and Two-Family Residential District), B-1 (Neighborhood Business District), & B-2 (General Business District) to B-4 (General Business Dense Development District).   Maps showing the parcels impacted by this proposal are available for viewing at the Burnettsville 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 April 10, 2017 public hearing on this matter.   –Continued from 05/08/17 cancelled APC Mtg.

 

#1063 – Loren J & Theresa M Farney: I-1 District (Light Industrial) to A-1 District (General Agriculture) – 9193 S 1200 W, Brookston, IN  47923; Round Grove Township.  The rezone request is for the purpose of financing for residential use and development. – Continued from 05/08/17 cancelled APC Mtg.

 

#1064 – Town of Chalmers:  The proposed zoning map amendment involves consideration of a change of the zoning districts within the Chalmers Corporate Boundary from: B-1 (Neighborhood Business District), & B-2 (General Business District) to B-4 (General Business Dense Development District).   Maps showing the parcels impacted by this proposal are available for viewing at the Chalmers 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 April 10, 2017 public hearing on this matter.

 

#1065 – Town of Wolcott:  The proposed zoning map amendment involves consideration of a change of the zoning districts within the Wolcott Corporate Boundary from: R-2 (Single & Two-Family Residential District), B-1 (Neighborhood Business District), & B-2 (General Business District) to B-4 (General Business Dense Development District).   Maps showing the parcels impacted by this proposal are available for viewing at the Wolcott 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 April 10, 2017 public hearing on this matter.

 

 

SUBDIVISIONS – #337 – White Oaks Subdivision - New Minor Subdivision: New 2 Lot Subdivision from Parcel ID: #91-63-05-000-000.404-021; Tax ID: #021-19520-04; PT NE 05-26-03; 10.532; 518.  814 S Sixth St., Monticello.  Applicant – Trilogy Real Estate White Oaks II, LLC

 

#338 – Stars Subdivision - New Minor Subdivision: New 2 Lot Subdivision from Parcel ID: # 91-54-12-000-001.201-015; Tax ID: #011-36400-01; NE SE; 12-25-4; 4.446; 520;  8570 S 300 E, Brookston; Prairie Township.  Applicant – Thomas H. & Trudy K Hughes

 

 

AMENDMENTS – #A51-Cell Towers: CH 3 Specific Use Requirements & Performance Standards – 3.10.2 New Wireless Support Structures and Wireless Facilities & CH 14 Definitions – State legislation (SB 213) has been passed

 

BUSINESS – 1) Comprehensive Development Plan – Update from Colin Betts.

 

 

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:  574-583-4585; Leah Hull, Title VI Coordinator, 110 N MAIN ST, PO BOX 260, MONTICELLO, IN 47960

 

 

 

 

 

 

 

White County Building & Planning

P.O. Box 851

110 N Main St.

Monticello, IN  47960

Phone: (574) 583-7355

Fax: (574) 583-4624

Web:   HYPERLINK "http://www.whitecountyindiana.us" www.whitecountyindiana.us

April 4, 2017

 

Nathan Waggner

Cash Waggner & Associates

402 E 13TH St, Ste 101, Jasper IN 47546

(812) 634-5015

 

REF: White Oaks Subdivision

Parcel# 91-63-05-000-000.404-021

Tax ID# 021-19520-04

 

Dear Nathan;

 

On Tuesday, April 04, 2017, the Area Plan Technical Review Committee reviewed the plans for the proposed subdivision to be located at 814 S Sixth St., in Monticello, Indiana.  The following is a summary of that meeting.

 

In attendance:  Tech Committee Members:  C. Betts, B. Ward, D. Sterrett, D. Pepple

Agent: D. Mitchell

 

The meeting was opened by Director Betts with a summary of the application. Doug Mitchell, representing the applicant explained that the subdivision was for mortgage purposes.  Trilogy owns the memory care unit and rents and manages the nursing home facility. Although on the same property, the two buildings are backed by different lenders.

 

Discussion items:

Subtitling on the plat states that this area is un-incorporated; wording needs to change.

Answered; remove “un-incorporated”.

No change in any structure, infrastructure, parking lot, detention basin, elevation, drainage, right-of-way, use, or value is expected.

Answered; correct – there is no infrastructure or other design changes proposed that would necessitate an impact study, cost estimate, or performance or surety bond.

Committee discussed drainage

Answered; existing stormwater management is sufficient for this project.

Clarify Easement 1

Answered; necessary drainage maintenance easement for Lot #2 to drain into existing Detention Basin #2.

Current setbacks are 30’ Rear and 10’ Side.  Subdivision approval would be contingent on Board of Zoning Appeal recommendations. BZA was scheduled to hear Variance Request #2946 to reduce side and rear setbacks to 0’ on 16 March 2017, that meeting was canceled due to lack of quorum; case is scheduled to be heard at the next BZA meeting on April 20.

Answered; agreed.

 

Committee members had no further concerns or objections.

 

Director Betts explained that 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 Area Plan Commission hearing. The next available commission meeting is on May 8; deadline for filing is April 17.

 

Meeting adjourned.

 

Sincerely,

 

 

 

Colin Betts, CFM

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 #337; White Oaks Subdivision

APPLICANT

Trilogy Real Estate White Oaks II, LLC

IDENTIFICATION

Parcel #: 91-63-05-000-000.404-021; (Tax ID #:021-19520-04)

LOCATION

814 S Sixth St., Monticello, IN   47960

REQUEST(S)

New Two (2) Lot Minor Subdivision

PURPOSE

To provide 2 lots for future development

HEARING DATE

June 12, 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:

 

The property is located in an R-3, Multi-Family Residential District;

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

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

The proposal calls for two lots, Lot #1 and Lot #2, both with rear and side yard setbacks set to 0’;

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

Legal Description: Part of NE 05-26-03; 10.532; 518 in Union Township, White County, Indiana (see file for boundary survey with full legal, Recorder’s document #: 090603920);

Surrounding property is zoned A-1 General Agriculture and B-2 General Business and includes the White County Memorial Hospital;

The subject property is the current home of the White Oaks Health Campus, a 100-bed nursing facility and a 30-bed memory care facility connected by an enclosed hallway;

The applicant provided an initial plat dated 3/17/17, for Tech Review which included proposed lot boundaries, lot sizes, minimum setback standards, easements, and other pertinent subdivision standards (see file for plat);

 

Tech Review committee met on 4/4/17 and advised the applicant to seek a variance for setbacks before proceeding with the plat;

 

The applicant sought relief from the Board of Zoning Appeals, which approved Variance Request #2946 on April 20 2017 for side and rear setbacks (see Findings of Fact and minutes for 20 April 2017)

 

The applicant provided a revised plat dated 4/10/17, which incorporated changes suggested by the Tech Review Committee (see file for revised plat);

 

Executive Director Colin Betts read into the record the minutes from the April 4, 2017 Tech Review Committee meeting which provided the changes requested by the committee (refer to file for minutes);

 

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

 

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

There was no citizen feedback or discussion from the public;

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 APPROVAL of the request for a new subdivision to be identified as White Oaks Subdivision, and it was so ordered, June 12, 2017.

 

 

Submitted By:

 

 

Colin Betts, Executive Director Tina M Tiede, Secretary

White County Area Plan Area Plan Commission

 

 

 

 

 

 

White County Building & Planning

P.O. Box 851

110 N Main St.

Monticello, IN  47960

Phone: (574) 583-7355

Fax: (574) 583-4624

Web:   HYPERLINK "http://www.whitecountyindiana.us" www.whitecountyindiana.us

May 8, 2017

 

Tom Hughes

8570 S. 300 E.

Brookston, IN 47923

(765) 563-0001

HYPERLINK "mailto: This e-mail address is being protected from spambots. You need JavaScript enabled to view it " This e-mail address is being protected from spambots. You need JavaScript enabled to view it

 

REF: STARS Subdivision

Parcel# 91-54-12-000-001.201-015

Tax ID# 011-36400-01

 

Dear Mr. Hughes;

 

On Monday, May 8, 2017, the Area Plan Technical Review Committee reviewed the plans for the proposed subdivision to be located at 8570 S. 300 E., Brookston, in Prairie township, Indiana.  The following is a summary of that meeting.

 

In attendance:  Tech Committee Members:  C. Betts, B. Ward, D. Sterrett, D. Pepple

Applicant: Thomas & Trudy Hughes

 

The meeting was opened by Director Betts distributing copies of the staff commentary to the applicants. Director Betts asked the applicant to explain the purpose of the subdivision; Mr. Hughes stated that he wanted to separate a residence from an automotive repair business managed by his grandson.

 

Discussion items:

Preliminary sketch not submitted – not required

No contour lines – not required.

Is the proposed name “Stars” or “STARS”?

Either. Director Betts determined that it will be the “STARS” Subdivision.

Zoning district is Agriculture, and subdivision must comply with zoning requirements for Agriculture District; please describe the auto service performed: minor repair is allowed in this district, major repair is not (see below):

 

AUTOMOTIVE SERVICE, MAJOR - The replacement of any part or general repair, rebuilding or reconditioning of engines, passenger cars, commercial vehicles or trailers, including body work, framework, welding and major painting service.  Above stated is applied to passenger vehicle(s).

AUTOMOTIVE SERVICE, MINOR - The service and maintenance of equipment and parts, including oil change and lubrication, muffler shops, tire sales and installation, wheel and brake shops, automobile detailing, or installation of CB radios, cellular phones, car stereos, or car alarms. Above stated is applied to passenger vehicle(s), and is typically accomplished without keeping vehicle overnight.

Answered; the business has been in operation for 11 years.  The business repairs hydraulic parts for farm and tool machinery that is delivered to the site. No vehicles are brought to the site or stored overnight for repair. The Tech Committee discussed whether this constitutes “automotive service” as defined by Chapter 14 of the White County Zoning Ordinance.  The committee determined that this was “Agriculture Service & Support” use, which is permitted in an A-1 district.

Front building setback line is not shown.

Zoning District is not shown - not required.

No improvements are shown on plat.

No change in any structure, infrastructure, elevation, drainage, use, or value is expected.  No design changes are proposed that would necessitate an impact study, cost estimate, or performance or surety bond.

Committee discussed drainage.

Applicant has submitted approval from the White County Drainage Board.  No drainage plan is required. Brad Ward noted a contingency that any new structures would have to comply with county requirements for drainage and stormwater management.

Existing access from 300E is not drawn; plat does not show access to Lot 1, other than assumed access off of CR 850S.

Primary access to Lot 1 must be from 850S, with secondary access across Lot 2 to 300E via access easement.

The Pole Barn on Lot 1 would become the principle structure and would have to meet setback requirements. Setbacks for properties in A-1 district are 30’/20’/4’/4’ respectively for front/rear (principle)/rear (accessory)/side.  More restrictive subdivision standards apply for the rear and side setbacks, which are 30’ and 6’ respectively.  If access is from 850S, then setback standards are in compliant, if access is through Lot 2 via easement (not shown) to 300E, then, applicant must obtain a variance from the BZA. Next available BZA meeting is June 15, with May 25 being the application deadline date.

The applicant preferred that access to Lot 1 be from 300E via Lot 2. Director Betts explained that for this to be so, an access easement should be delineated on the plat. He further explained that this would make the new boundary line the “front” of the property, that the northern and southern boundary lines would be the “sides”, and the existing rear property line would remain. This would mean that setbacks for the principle structure would not be in compliance for the new subdivision.  The applicant would have to move existing structures, apply for a variance for setbacks, or adjust the new boundary line. Director Betts explained that if the primary access is from 850S, then the northern property line becomes the front, the southern property line becomes the rear, and both the new and existing rear property lines become side boundaries.  Then the new lot would be in compliance. The Pole Barn would be addressed as the principle structure off of CR 850S.  The applicant agreed to this configuration, with secondary access to 300E granted via easement across Lot 2.

 

The applicant also stated that the boundary lines are drawn in such a way as to be compliant with the 3:1 suggested lot ratio in the Subdivision control Ordinance. D. Sterrett pointed out that the word “monument” is misspelled in the survey legend and that there are no legal descriptions or deed references.

 

Committee members had no further concerns or objections.

 

Director Betts stated that the minutes of this meeting would be available today.  Also, once all documentation is modified to incorporate the recommendations of the Tech Review Committee, the documents should be brought to the Area Plan Office no later than May 22, 2017, for the next available Area Plan commission meeting which takes place June 12.

 

Meeting adjourned.

 

Sincerely,

 

 

Colin Betts, CFM

Executive 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 #338; STARS Subdivision

APPLICANT

Thomas H & Trudy K Hughes

IDENTIFICATION

Parcel ID: # 91-54-12-000-001.201-015; (Tax ID: # 011-36400-01)

LOCATION

8570 S 300 E., Brookston, IN  47923.

REQUEST(S)

New Two (2) Lot Minor Subdivision

PURPOSE

To separate existing business from residential use

HEARING DATE

June 12, 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:

 

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

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

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

The proposal calls for two lots, Lot #1 and Lot #2,

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

Legal Description: NE SE; 12-25-4; 4.446; 520 in Prairie Township, White County, Indiana;

The property lies in a geographic area primarily dedicated to agricultural uses;

The parcel is currently used for residential, agricultural support, and other purposes;

The applicant provided an initial plat on 4/26/2017, and an updated plat on 5/4/2017, for Tech Review which included proposed lot boundaries, lot sizes, and other pertinent subdivision standards (see file for plat);

 

The Tech Review Committee reviewed the plat on 5/8/2017;

 

The applicant submitted a revised plat, which incorporated changes suggested by the Tech Review Committee, including setback data and access easement (see file for revised plat);

 

Executive Director Colin Betts read into the record the minutes from the May 8, 2017 Tech Review Committee meeting which provided the plat changes requested by the committee, including conditions for drainage for any future development (see file);

 

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

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

No citizens from the community provided feedback before or during the public hearing;

President Anderson opened the floor to the public – there was no discussion;

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 APPROVAL of the request for a new subdivision to be identified as STARS Subdivision, and it was so ordered, June 12, 2017.

 

 

Submitted By:

 

 

Colin Betts, Executive Director Tina M Tiede, Secretary

White County Area Plan Area Plan Commission

 

 

 

 

 

 

 

 

 

 

 

 

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APC Meeting Minutes – June 12, 2017

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