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APC MEETING – August 14, 2017

 

The White County Area Plan Commission met Monday August 14, 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, Mike Smolek, Rodger Brouwer & Richard Lynn.

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 Brad Ward and a second by Jim Annis to approve the meeting minutes of the 07/10/17 APC Regular Meeting Minutes. Approved unanimously, so moved.

 

 

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OPENING BUSINESS – Introduction of newly appointed APC Member, Rodger Brouwer from Brookston.

Rezones:

1) #1069 – Town of Brookston: R-2 District (Single & Two-Family Residential) to B-2 District (General Business) – 501, 507, 509, 601 & 603 S South St., Brookston, IN 47923; Prairie Township. The rezone request is for the purpose of bringing the parcels into compliance with their current use.

 

Colin Betts read the staff report into record. The R-2 Zoning is the original baseline zoning for these parcels. Current uses include a local fire house, public utility facility (Century Tell of Indiana) car storage, and public satellite recycling facility. The first two uses are permitted (allowed by right) in an R-2 and most of the other districts. The last is permitted in A-1 (General Agriculture), B-2 (General Business), B-3 (Highway Business), I-1&2 (light and heavy Industrial), & AED (Amusement and Entertainment) districts. All of the uses listed above are compatible in the B-2 General Business District. Staff recommended that the properties be rezoned to B-2 to bring zoning into compliance with existing uses. The properties are currently legally non-conforming. It is unknown whether the old map listing the area as B-2 is a zoning map, land use map, or future land use map. The Future Land Use Map of the White County Comprehensive Plan denotes this area of Brookston as Traditional Neighborhood Residential use with some government/institutional/civic use.

 

 

 

Colin Betts read the Staff Report for rezone #1069 into record. There were only two community calls regarding the rezone request and they were simply questions and clarifications. No objections were filed with the office.

 

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. 9 Agree; 0 No Opinion; 0 Disagree; APC Comments: N/A

2. The proposed rezoning is compatible with the current conditions (e.g. existing lots, structures and uses) and the overall character of existing development in the immediate vicinity of the subject property. 9 Agree; 0 No Opinion; 0 Disagree; APC Comments: N/A

3. The proposed rezoning is the most desirable use for which the land in the subject property is adapted. 8 Agree; 1 No Opinion; 0 Disagree; APC Comments: N/A

 

4. The proposed rezoning will not have an adverse effect on the value of properties throughout the jurisdiction. 8 Agree; 1 No Opinion; 0 Disagree; APC Comments: N/A

 

5. The proposed rezoning reflects responsible standard for growth and development. 9 Agree; 0 No Opinion; 0 Disagree; APC Comments: N/A

 

President, Charles Anderson announced the results, as follows: 9 votes cast; 9 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 Brookston Town Board at their next meeting for final approval.

Subdivisions:

#339 – Villagewalk Subdivision – New Major Subdivision - Primary Plat Approval: New 13 lot major residential subdivision; Parcel ID #91-73-28-000-067.901-021 (021-27480-01) – That portion of land situated in the Southeast Quarter of Section 28, Township 27 North, Range 3 West of the Second Principal Meridian in White County, Indiana, Union Township; known as 1101 O’Connor Blvd., Monticello, IN 47960. Applicant: Boxergirl c/o: Jane Hendrickson.

 

Colin Betts read the staff report into record. The applicant recently requested the following variances from the required standards of the 2008 White County Zoning Ordinance (#2950) on 07/20/2017 – All Approved:

1) Lots 1-3; A lot size minimum reduction to 6,000 sq. ft. vs. 10,000 required.

2) Lot 1; A minimum front setback (west side, along O’Connor Blvd) of 15’ vs 30’ required.

3) Lots 2-3 & Lots 5-12; A minimum building line lot width of 50’ vs. 60’ required.

 

Primary Plat Tech Review Meeting was held on June 21, 2017. A tract transfer of a southern portion (0.89 acres) was required before approval of the plat. This was processed on July 26, 2017 (see document #170705293). Area Plan asked for updated survey and legal description which was provided July 24. Applicant was advised to submit a variance request to the Board of Zoning Appeals. Petition #2950 was heard and approved on July 20, 2017 (see Findings of Fact and draft minutes of that meeting). Applicant also requests the Area Plan Commission waive the following requirements of the Subdivision Control Ordinance (see Waiver Letter dtd 7/24/17):

Side yard setback reduction to 7’ for Lots 4-12.

Side yard/ rear yard setback reduction on lot 3 along the east property line to 5’.

Driveway 25’ “setback” reduction to 5’ from property lines.

Eliminate 8% (0.5+ acres) public space minimum dedication.

“Villagewalk” is approved for the subdivision name. “Villagewalk Circle” is approved for the street name. This will be a public way dedicated to the City of Monticello. Five-foot ADA sidewalk and streetlights are shown on construction plans. Infrastructure construction plans, Estimated Cost of Improvements, and surety bond must be accepted by the City of Monticello prior to start of construction. Area Plan approval may be conditional upon approval by the City of Monticello. Provisional approval from the White County Drainage Board was granted June 19, 2017. Area Plan approval may be conditional upon drainage board full approval. The subdivision will be designed to contain and direct flow to dry basins (grass swale) proposed along southern boundary (lots #11 & #12). Development must also satisfy IDEM requirements. Notice of Intent (NOI) & Notice of Sufficiency (NOS) are not required for plat approval, but will be required by the white county Soil & Water Conservation District prior to construction of improvements. Staff requests an updated copy of the covenants and restrictions that does not include zoning authority. The revised plat document was received by Area Plan on July 24, 2017. The proposed use is compatible with an R-2, Single & Two Family Residential district. No homeowner’s association is proposed for this subdivision.

 

Colin Betts read the community correspondence documentation relating to this request (see file). George Loy, Attorney for White County, was in person along with Jane Hendrickson of Boxergirl LLC to represent the major subdivision application. Mr. Loy briefly highlighted the history of the parcel which is currently owned by White County. Also present were Chris Wiseman, Cripe Architect & Engineering; Mayor Ken Houston; County Commissioner David Diener; and Jason Miller, Randall Miller & Assoc. Surveying and Engineering. The City of Monticello has reviewed and approved all plans submitted for this subdivision. All requirements made by the Primary Plat Tech Review Committee have been met. After some clarification regarding the Subdivision Control Ordinance waiver request, Mike Smolek made a motion to approve the waiver request. Abbey Gross seconded the motion and all approved by show of hands. Motion carries.

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

President, Charles Anderson announced the results, as follows: 10 votes cast; 10 in favor contingent upon stipulated conditions and/or approved waivers - 0 opposed – 0 Abstentions. See attached Finding of Fact: Major Subdivision #339; Villagewalk Subdivision – Primary Plat

#342 – Flora Subdivision - New Minor Subdivision: New 2 Lot Subdivision from Parcel ID: # #91-64-28-000-001.101-001; Tax ID: #001-46900-01; Pt Se Ne; 28-26-4; 9.299; 532; 5372 S St Rd 43 Chalmers, IN 47929; Big Creek Township. Applicant – Jean A. Flora

 

Colin Betts read the staff report into record. The applicant submitted a primary plat on 7/14/17, and Tech Review committee discussed the application on 7/21/17. The petition has met the requirements of the committee and the White County Subdivision Control Ordinance with the exception of items to be waived by the Area plan Commission. No new infrastructure is proposed, anticipated or needed, and the applicant has submitted a letter for waivers for the following in accordance with subdivision control Ordinance, Section 2.3:

 

Public ways, roads, and streets

Utilties: water, sewer, storm sewer, drainage, electrical, gas (if these are waived, then they must be addressed in any future building)

Estimated impacts, Estimated Cost of Improvements & surety bond for infrastructure

Proposed main building setbacks are 80’ to the front, 30’ to the rear, and 10’ to the side. Setbacks for accessory structures will be 6’. The existing structures are associated with the former metal recycling business. The small metal barn is a legally nonconforming structure two feet from the existing southern property boundary. The applicant did not submit new commitments with this petition. Current commitments recorded in 2002 are unenforceable. This subdivision will render any old commitments null and void.

Any proposed change in use must be approved by the Area Plan Commission as a Map Amendment (rezone) prior to said change in use or construction of structures for said change in use.

 

Fred & Karen Ward, along with Larry Meyers were in person to represent the request. A motion was made by Jim Annis to approve the Subdivision Control Ordinance waiver requests. Denny Sterrett seconded and by all approved by a show of hands. Motion carries.

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

President, Charles Anderson announced the results, as follows: 10 votes cast; 10 in favor contingent upon stipulated conditions and/or approved waivers - 0 opposed – 0 Abstentions. See attached Finding of Fact: Minor Subdivision #342; Flora 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 being finalized and should be ready for APC approval by the September 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.

 

Additional Business:

 

1) BZA Appointment – APC Appointment to the BZA to replace Dave Rosenbarger – Dennis Sterrett nominated Dave Stimmel as the BZA appointment to replace Dave Rosenbarger. Dave accepted this nomination and all approved by show of hands.

 

2) Comprehensive Development Plan - Colin Betts stated that he is still trying to coordinate with Ratio to finalize.

 

3) Solar Farms – Colin Betts stated there is interest in developing solar farms in central Indiana. The zoning ordinance currently does not provide for standards relating to solar farms other than providing for solar systems in the Use Schedule. After some discussion, the Board requested additional information on whether to amend the zoning ordinance standards for solar farms.

 

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There being no further business, Jim Annis made a motion to adjourn the meeting at 7:34 p.m., with a second from Brad Ward. President Anderson called the meeting adjourned.

 

 

Respectfully submitted,

 

 

Tina M. Tiede, Board Secretary

White County Area Plan Commission

 

 

Colin Betts, Executive Director

White County Area Plan Commission

 

 

Document Prepared By: White County Area Plan Board 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

 

August 14, 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):

APPROVAL OF THE MINUTES: Approve 07/10/17 APC Regular Meeting Minutes.

REZONINGS:

#1069 – Town of Brookston: R-2 District (Single & Two-Family Residential) to B-2 District (General Business) – 501, 507, 509, 601 & 603 S South St., Brookston, IN 47923; Prairie Township. The rezone request is for the purpose of bringing the parcels into compliance with their current use.

SUBDIVISIONS:

#339 – Villagewalk Subdivision – New Major Subdivision - Primary Plat Approval: New 13 lot major residential subdivision; Parcel ID #91-73-28-000-067.901-021 (021-27480-01) – That portion of land situated in the Southeast Quarter of Section 28, Township 27 North, Range 3 West of the Second Principal Meridian in White County, Indiana, Union Township; known as 1101 O’Connor Blvd., Monticello, IN 47960. Applicant: Boxergirl c/o: Jane Hendrickson

#342 – Flora Subdivision - New Minor Subdivision: New 2 Lot Subdivision from Parcel ID: # #91-64-28-000-001.101-001; Tax ID: #001-46900-01; Pt Se Ne; 28-26-4; 9.299; 532; 5372 S St Rd 43 Chalmers, IN 47929; Big Creek Township. Applicant – Jean A. Flora

 

AMENDMENTS:

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

BUSINESS:

1) BZA Appointment – APC Appointment to the BZA to replace Dave Rosenbarger

 

2) Comprehensive Development Plan

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 4796

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 #

Major Subdivision #339 Villagewalk Preliminary Plat

APPLICANT

White County / Boxer Girl, LLC

IDENTIFICATION

Parcel ID: #91-73-28-000-067.901-021 (Tax ID: #021-27480-01)

LOCATION

1101 O’Connor Blvd., Monticello, IN 47960

REQUEST(S)

New Thirteen (13) Lot Major Subdivision

PURPOSE

Residential subdivision of single-family detached homes.

HEARING DATE

August 14, 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-2, Single & Two Family Residential;

A major subdivision is provided for by Chapters 3 and 5 of the White County Indiana Subdivision Control Ordinance;

A major residential subdivision is a permitted use in an R-2 District;

The proposed use for the subject site is a thirteen (13) lot subdivision for single-family detached houses;

Legal Description: That portion of land situated in the Southeast Quarter of Section 28, Township 27 North, Range 3 West of the Second Principal Meridian in White County, Indiana (see file for full legal description);

The property is located in the O’Connor’s Blvd Addition, in the City of Monticello, in White County, Indiana;

The property is currently vacant;

The applicant submitted a request for major subdivision approval from the Board on May 22 and submitted a primary plat on May 25, 2017;

The White County Drainage Board approved plans for stormwater management on June 19, 2017, contingent on final approval of construction by the City of Monticello;

The Area Plan Technical Review Committee reviewed the plat on June 21, 2017;

The applicant requested a variance from the requirements of the White County Zoning Ordinance on June 27, 2017 for a 10,000 square-foot minimum lot size for Lots 1-3, a 15 foot front setback variance for Lot 1 along O’Conner Blvd, and a 50 foot minimum lot width at building line for lots 2-3 and 5-12;

The White County Board of Zoning Appeals approved Variance #2950 on July 20, 2017;

The applicant provided a sketch plat and Alta survey on July 17, and a revised primary plat of the Villagewalk subdivision on July 25, 2017, in accordance with the White County Indiana Subdivision Control Ordinance;

The primary plat included proposed lot boundaries, lot sizes, proposed easements, minimum setback standards and other pertinent subdivision standards (see file for plat);

The applicant requested that the Board waive the following standards in accordance with Subdivision Control Ordinance, Section 2.3:

Side yard setback reduction to 7 feet for Lots 4-12;

Side yard setback reduction to 5 feet on Lot 3 along the east property line;

Elimination of requirement for driveways to be at least 25 feet from property lines.

Elimination of 8% (0.5+ acres) public space minimum dedication;

The Board approved the waiver requests as presented;

The City of Monticello approved infrastructure plans and maintenance bond submitted by the applicant;

Staff believes all changes requested by the Tech Review Committee were incorporated into the (final) primary plat.

The applicant

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

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

Staff received communication from the community which asked for clarification of the location of the request (see file for Citizen Feedback Log);

Executive director Colin Betts read into the record one citizen objection to the development, and desire to use the property for a “Gathering Place” or “wildlife area”;

Parties in attendance at the hearing included Fred & Karen Ward, Larry Meyers, Attorney George Loy, Monticello Mayor Ken Houston, County Commissioner David Diener, Chris Wiseman representing Cripe Civil Engineering, and Jane Hendrickson of Boxer Girl, LLC;

George Loy, Mayor Ken Houston, Commissioner David Diener, and Jane Hendrickson spoke in favor of the subdivision;

President Anderson opened the floor to the public; there being no other parties indicating a desire to speak,

Mr. Wiseman represented the request and responded to technical questions from the Board and from the public;

Area Plan 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 Hutton Subdivision, and it was so ordered, August 14, 2017.

Submitted By:

Colin Betts, Executive Director Tina M Tiede, 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

FILE #

Minor Subdivision #342; Flora Subdivision

APPLICANT

Jean A Flora, c/o Fred Ward

IDENTIFICATION

Parcel ID: # 91-64-28-000-001.101-001; (Tax ID: # 001-46900-01)

LOCATION

5372 S St Rd 43 Chalmers, IN 47929

REQUEST(S)

New Two (2) Lot Minor Subdivision

PURPOSE

To separate proposed residential use from existing industrial use

HEARING DATE

August 14, 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:

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

Legal Description: Pt Se Ne; 28-26-4; 9.299; 532; in Big Creek Township, in White County, Indiana (see file #342 for full legal description);

The proposed subdivision creates two lots, Lot #1 and Lot #2, of 4.650 +/- and 4.649 +/- acres respectively;

The property is located in an I-1, Light Industrial District;

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

The property lies North of the municipality of Chalmers, Indiana, on State Road 43, in a geographic area primarily dedicated to agricultural uses;

Previous uses on the property include aluminum can recycling and as a swine market;

The parcel is currently used for agricultural purposes;

The applicant submitted a sketch plan with the application and provided a primary plat on which included proposed lot boundaries, lot sizes, and other pertinent subdivision standards (see file for plat);

The Tech Review Committee reviewed the plat on 7/21/2017;

The applicant submitted a revised plat on 7/24/17, which addressed all concerns of the Tech Review Committee;

The applicant requested the Area Plan Commission waive the following standards in accordance with Subdivision Control Ordinance, Section 2.3:

Public ways, grades, curves, roads, and streets;

The extension of water, sewer, and other municipal services;

The allocation of areas to be used as public ways, parks, schools, and public buildings;

Estimated impacts, Estimated Cost of Improvements & surety bond for infrastructure

The Area Plan Commission approved the waiver requests as presented;

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, August 14, 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 – August 14, 2017

Page PAGE 6 of NUMPAGES 12

 

 

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