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APC MEETING – March 12, 2018

The White County Area Plan Commission met Tuesday March 12, 2018, at 6:00 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

Board Members Present: Charles Anderson, James Annis, Rodger Brouwer, Abbey Gross, Richard Lynn, Doug Pepple, Stacy Selagy, Mike Smolek, Dennis Sterrett, & Brad Ward.

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

Registered visitors were: See attached. The meeting was called to order by APC President Charlie Anderson.

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Approval of The Minutes: There was a motion by Mike Smolek and a second by Brad Ward to approve the meeting minutes of the 01/08/18 APC Regular Meeting & 02/12/18 Special Session. Approved unanimously, so moved.

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REZONES:

#1072 – Thornton Williams American Legion Post #81: R-2 District (Single & Two-Family Residential) to B-2 District (General Business) – 405 E Washington St., Monticello, IN 47960; Union Township. The rezone request is for the purpose of bringing the parcel into compliance with the current use and to construct a commercial sign.

Colin Betts, Executive Director, read the staff report into record. William “Bill” Madden was present to represent the request to rezone.

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. 10 Agree; 0 No Opinion; 0 Disagree; APC 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. 10 Agree; 0 No Opinion; 0 Disagree; APC Comments: None

3. The proposed rezoning is the most desirable use for which the land in the subject property is adapted. 10 Agree; 0 No Opinion; 0 Disagree; APC Comments: None

4. The proposed rezoning will not have an adverse effect on the value of properties throughout the jurisdiction. 10 Agree; 0 No Opinion; 0 Disagree; APC Comments: None

5. The proposed rezoning reflects responsible standard for growth and development. 10 Agree; 0 No Opinion; 0 Disagree; APC Comments: None

President Charles Anderson announced the results, as follows: 10 votes cast; 10 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 White County Commissioners at their 03/19/18 meeting for final approval.

#1073 – Robertson F Richard Ii & Carroll B Robertson: R-2 District (Single & Two-Family Residential) to B-1 District (Neighborhood Business) – 805 S Main St., Monticello, IN 47960; Union Township. The rezone request is to provide a parking lot for an existing dentistry office.

Colin Betts, Executive Director, read the staff report into record. Bob Gross, RW Gross & Associates, was present to represent the petition to rezone. Property owner, Carroll Robertson was also present.

APC Vice President, Mike Smolek questioned if the existing garage would be removed from the proposed parking lot. Bob Gross confirmed it would be removed. Brad Ward asked if the driveway for the existing residence where the parcel was divided would indeed be required to come from Tioga Road, rather than use the proposed parking lot at their ingress/egress. Bob Gross confirmed that it would and Tina Tiede also stated that each dwelling unit is required a minimum of 2 parking spaces and if they were to use the proposed parking lot, they would need to designate 2 parking spaces for that dwelling unit that could not be used for the dental office. The driveway for the residence will remain from Tioga Road.

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. 10 Agree; 0 No Opinion; 0 Disagree; APC 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. 10 Agree; 0 No Opinion; 0 Disagree; APC Comments: None

3. The proposed rezoning is the most desirable use for which the land in the subject property is adapted. 9 Agree; 1 No Opinion; 1 Disagree; APC Comments: None

4. The proposed rezoning will not have an adverse effect on the value of properties throughout the jurisdiction. 10 Agree; 0 No Opinion; 0 Disagree; APC Comments: None

5. The proposed rezoning reflects responsible standard for growth and development. 10 Agree; 0 No Opinion; 0 Disagree; APC Comments: None

President Charles Anderson announced the results, as follows: 10 votes cast; 10 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 Monticello City Council at their 03/19/18 meeting for final approval.

#1074 – MPL Properties LLC: R-2 District (Single & Two-Family Residential) to B-2 District (General Business) – 409 Dodge Camp Way, Monticello, IN 47960; Union Township. The rezone request is for the purpose of bringing the parcel into compliance with the current use of the existing structure.

Colin Betts, Executive Director, read the staff report into record as well as some letters supporting the rezone request (see file). Joe Bumbleburg, Attorney with Ball Eggleston in Lafayette, was present to represent the rezone request. Property owner, Kenneth Hardebeck, was also present.

Ken Hardebeck entered additional letters of support and Colin Betts read them into the record. Mr. Hardebeck also provided some pictures of the site to the board. APC President, Charles Anderson questioned if the property can be sold with the grandfathered use it currently has. Colin Betts stated that as long as the current use is not discontinued for 12 consecutive months then the current grandfathered use remains.

Mitch Billue, Monticello Parks Superintendent, voiced concerns about possible future development relating to parking. Mitch stated that parking is already an issue for the space that currently shares a parking lot for citizens who utilize the public access ramp to Lake Freeman. There is a current agreement with the state to develop the public access site and put in a new ramp after Labor Day of 2018. Although there is no development plan submitted at this meeting, Mitch has stated that Mr. Hardebeck has made his intention to construct a restaurant/pub at this location and it will absorb all of the parking that it provided for the public access site.

Mr. Bumbleburg reminded the APC that the only issue at this stage is rezoning the parcel and not considering and type of development proposal. If any development is to take place in the future, that is when all of those standards are to be reviewed for compliance of the White County Zoning Ordinance development standards.

Robin Hooker questioned if the same property owners were notified as the last time Mr. Hardebeck applied to rezone and Tina Tiede stated the same requirements applied to the notifications. Secondly, she stated that here concern was that Armory Road would turn into a parking lot if development of any type of restaurant was allowed at the site. Lastly, she stated she was concerned with foot traffic going up and down the hill and through their yards.

Chris Dold, local resident and business owner, voiced his support for Ken Hardebeck to the APC Board.

Abbey Gross, APC Board Member, asked if support letters that were submitted were from adjacent property owners or just area/local property owners. Ken Hardebeck said he is sure that one property owner is across the bayou from his property. Brad Ward asked Colin Betts how the parking standards would be determined for that parcel. Colin explained that the parking standards are determined by the proposed use, employees and structure, etc., per the parking table in the parking standards in the Zoning Ordinance.

Doug Pepple, APC Board Member, stated that currently there are no proposed plans for development and the current use is grandfathered so the need to rezone is null. Mr. Bumbleburg reiterated that any plans for development in the future will go through the Building & Planning Department and that is when the plans for parking and development, etc. will be submitted and must be approved. Mr. Bumbleburg stated that this request is only to rezone the parcel to bring it into compliance. Mr. Pepple argued that with the grandfathered status and no proposed plans for development, the rezone isn’t necessary.

Charlie Anderson stated that commitments can also be placed on a rezone.

Tina Tiede spoke to Robin Hooker regarding the notification of property owners. Tina pointed out that the legal requirement for notification for a rezone application is 2 lots or 1/8 mile, whichever is less. The previous rezone request by Mr. Hardebeck included the top portion of his property, which has since been subdivided into a separate parcel and is not part of this rezone request. The response that was given of “the same requirements applied” was correct, although the same property owners would not have applied due to the difference in the parcels for this rezone. Robin asked if she could get a list of the property owners that were notified and Tina informed her that she is welcome to stop by the office any time to get a copy of the notification list.

Brad Ward asked if Colin knew what the parking standards were for a marina. Colin stated that the parking standards for a marina are 1 space per 300 sq. ft. of gross floor area. Charles Anderson reminded the Board that the request goes to the City of Monticello for final approval and they can impose conditions or commitments to the rezone.

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. 8 Agree; 2 No Opinion; 0 Disagree; APC Comments: “Agree based on current use. If use changes them might disagree”; “Business Grandfathered”

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; 2 No Opinion; 1 Disagree; APC Comments: “Business Grandfathered”

3. The proposed rezoning is the most desirable use for which the land in the subject property is adapted. 5 Agree; 4 No Opinion; 1 Disagree; APC Comments: N/A

4. The proposed rezoning will not have an adverse effect on the value of properties throughout the jurisdiction. 5 Agree; 3 No Opinion; 2 Disagree; APC Comments: N/A

5. The proposed rezoning reflects responsible standard for growth and development. 6 Agree; 4 No Opinion; 0 Disagree; APC Comments: “Parking for expanded business will be a future problem”

President Charles Anderson announced the results, as follows: 10 votes cast; 7 in Favor - 2 Opposed – 1 No Recommendation – Comment: “I find it difficult to vote due to the lack of information regarding future plans.”

Rezone request will be certified to the appropriate legislative body with a “Favorable” recommendation.

The rezone request will go before the Monticello City Council at their 03/19/18 meeting for final approval.

SUBDIVISIONS: None

AMENDMENTS: None

BUSINESS: Minimum parking standard clarification

There being no further business, Doug Pepple made a motion to adjourn the meeting, with a second from Rodger Brouwer. President Anderson called the meeting adjourned at 7:28 p.m.

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

 

March 12, 2018 – 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 01/08/18 APC Regular Meeting & 02/12/18 Special Session Minutes.

REZONINGS:

#1072 – Thornton Williams American Legion Post #81: R-2 District (Single & Two-Family Residential) to B-2 District (General Business) – 405 E Washington St., Monticello, IN 47960; Union Township. The rezone request is for the purpose of bringing the parcel into compliance with the current use and to construct a commercial sign.

#1073 – Robertson F Richard Ii & Carroll B Robertson: R-2 District (Single & Two-Family Residential) to B-1 District (Neighborhood Business) – 805 S Main St., Monticello, IN 47960; Union Township. The rezone request is to provide a parking lot for an existing dentistry office.

#1074 – MPL Properties LLC: R-2 District (Single & Two-Family Residential) to B-2 District (General Business) – 409 Dodge Camp Way, Monticello, IN 47960; Union Township. The rezone request is for the purpose of bringing the parcel into compliance with the current use of the existing structure.

SUBDIVISIONS: NONE

AMENDMENTS: NONE

BUSINESS:

1) Minimum parking standard clarification

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