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APC MEETING – May 14, 2018

The White County Area Plan Commission met Monday, May 14, 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, Doug Pepple, Mike Smolek, Dennis Sterrett & Brad Ward. Absent: Richard Lynn & Stacy Selagy.

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 Abbey Gross and a second by Jim Annis to approve the meeting minutes of the 04/09/18 APC Regular Meeting. Approved unanimously, so moved.

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REZONES:

#1077 – Henry J Altman: B-1 (Neighborhood Business District) to R-2 District (Single & Two-Family Residential) – 302 W Eastlawn Rd., Burnettsville, IN 47926; Jackson Township. The rezone request is for the purpose of returning the parcel back to the baseline zoning in order to add improvements to the parcel.

Colin Betts read the Staff Report into record. The property at 302 W Eastlawn Rd meets the minimum requirements for the R-2 district. The property lies in a well-established residential neighborhood and contains a single-family detached house and an accessory structure built prior to the existing zoning. A previous owner had rezoned the property to business use prior to the current ordinance which now allows certain home occupations in detached dwellings. Dwellings are not permitted in the B-1 district, and this action would bring the zoning into compliance with the actual use of the property. The current use is compatible with the original use of this property and others in the vicinity. The purpose of the R-2 district is to provide adequate land for single-family and two-family residential uses, primarily located within platted subdivisions of an incorporated municipality with access to public utilities. The White County Comprehensive Plan Future Land Use map classifies this area as Rural Residential, which is “intended to serve as buffers between medium or high density land uses” and agriculture. However, both the B-1 and the R-R districts appear to be incongruent with the existing residential character of the neighborhood.

Henry Altman was present to represent the request for 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; 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. 8 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. 8 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. 8 Agree; 0 No Opinion; 0 Disagree; APC Comments: None

5. The proposed rezoning reflects responsible standard for growth and development. 8 Agree; 0 No Opinion; 0 Disagree; APC 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 Council at their 06/07/18 meeting for final approval.

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#1078 – Derek N & Theresa M Blume: I-1 (Light Industrial District) to RR District (Rural Residential) – 7031 W 900 S, Brookston, IN 47923; Round Grove Township. The purpose of this rezone request is to change the parcel back to the original baseline zoning district, bringing it into compliance with the current use and allow for improvements on the parcel.

Colin Betts read the Staff Report into record. The property at 7031 W 900 S. meets the minimum requirements for the R-R district. The parcel includes a house constructed before current building and zoning codes. Residential uses, including dwellings, are incompatible with industrial zones and industrial uses. Residential use is not permitted in the I-1 district either currently or under the 1995 ordinance which governed the previous rezone action. The dwelling does not appear in the survey document submitted with rezone petition #905. Although the minutes from that meeting state that there is a residence on the property, that fact and the incompatibility of residential and industrial uses appears not to have been a factor of consideration for approval of the 2006 rezone. There is no evidence that the dwelling was used for any other than residential purposes.

The A-1 and the R-R agricultural districts were “established to protect prime farmland” and to allow very low density of residential development. The purpose of the Rural Residential District is “to provide areas of land that will accommodate a variety of less intensive agricultural uses as well as some very low-density single-family residential” uses. The White County Comprehensive Plan Future Land Use map indicates this area is suitable for agricultural uses, which includes low density residential of the type allowed in the R-R district. This action should not affect neighboring properties in an adverse manner.

Derek Blume was present to represent the request for 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; 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. 8 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. 8 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. 8 Agree; 0 No Opinion; 0 Disagree; APC Comments: None

5. The proposed rezoning reflects responsible standard for growth and development. 8 Agree; 0 No Opinion; 0 Disagree; APC 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 White County Commissioners at their 05/21/18 meeting for final approval

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#1079 –Smith Erickson Farms, Inc.: A-2 (Agricultural Industry District) to A-1 District (General Agriculture Residential) – 4257 E 1000 S, Brookston, IN 47923; Prairie Township. The proposed rezone is to return the parcel to the baseline zoning district bring the parcel into compliance with the current use.

Colin Betts read the Staff Report into record. The White County Comprehensive Plan Future Land Use map indicates this area is desirable for agricultural uses. The A-1 General Agriculture district is the county baseline district. It was “established to protect prime farmland” from urban encroachment and to provide for land for farming uses. This property meets the minimum requirements for the A-1 District. The 2012 IDEM permit (Farm #6755, AI ID #105643) for the proposed hog facility expired in 2017 without renewal. Although the parcel was rezoned to A-2, no CFO/CAFO or other intense agricultural use occurred on the property; current farming activities have continued since before the rezone.

Commitments of the previous rezone run with the land and remain in effect until repealed or amended by the Area Plan Commission. The commitments include size of the property, a tree buffer zone, and “knifing” of manure. These would be irrelevant for agricultural practices unrelated to a CFO/CAFO.

Donald Shelmon, Attorney for the property owner, was present to represent the request for 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; 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. 8 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. 8 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. 8 Agree; 0 No Opinion; 0 Disagree; APC Comments: None

5. The proposed rezoning reflects responsible standard for growth and development. 8 Agree; 0 No Opinion; 0 Disagree; APC 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 White County Commissioners at their 05/21/18 meeting for final approval.

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#1080 – Michael D & Evelyn R Zarse: I-1 (Light Industrial District) to A-1 (General Agricultural District) – 2025 N Meridian Road, Reynolds, IN 47980; Honey Creek Township. The proposed rezone is to return the parcel back the baseline zoning, bring the parcel into compliance with the current use and allow for improvements.

Michael Zarse was present to represent the rezone request.

Colin Betts read the Staff Report into record. The White County Comprehensive Plan Future Land Use map indicates this area is desirable for agricultural uses. The A-1 General Agriculture district is the county baseline district and was “established to protect prime farmland” and to allow very low density of residential development. This property meets the minimum requirements for the A-1 District. The on-site residence is a farmhouse that pre-dates county zoning, and is the principle use of the site. Residential uses, including dwellings, are not permitted in the I-1 district due to the incompatible nature between residential and industrial uses. The 1972 zoning ordinance under which the area was rezoned in 1978 was written with a tiered intensity of use perspective which allowed dwellings in industrial districts. It is unclear why so large an area, approximately 25 acres, was rezoned for a structure that has not increased beyond 5,600 square feet. Land divisions subsequent to the 1978 rezone created nonconforming split-zoned parcels in this area, which would not be allowed under current ordinance.

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

5. The proposed rezoning reflects responsible standard for growth and development. 8 Agree; 0 No Opinion; 0 Disagree; APC 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 White County Commissioners at their 05/21/18 meeting for final approval.

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#1081 – ADD Farms LLC/Ann Diener: A-1 (General Agricultural District) to R-1 (Single-Family Residential District) – 2103 & 2197 E Division Road, Reynolds, IN 47980; Honey Creek Township. The proposed rezone is for the purpose of creating a Single-Family Residential Major Subdivision.

Bob Gross, R.W. Gross & Associates, Inc. & property owner, Dirk Fleck were present to represent the rezone request.

Colin Betts read the Staff Report into record. The subject properties are currently A-1 General Agriculture, which is the baseline district for most of the county. The White County Comprehensive Plan Future Land Use map indicates this area is desirable for agricultural uses. The applicant met with staff in 2017 to discuss options and procedures for a major residential subdivision. Single-Family dwellings are permitted in the L-1, R-1, R-2, R-4, and agricultural districts. However, residential subdivisions are not permitted in agricultural districts, and the properties must be rezoned to a residential district for a major subdivision. The purpose of the R-1 district is to “provide adequate land for low-density single-family residential uses”. The main difference between this district and other residential districts is the desire for low density housing separated from incompatible agricultural, commercial, and industrial uses. The properties meet the minimum requirements for the R-1 District.

Mike Smolek asked for clarification on the map and area subject to rezone. Bob Gross confirmed the area.

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

5. The proposed rezoning reflects responsible standard for growth and development. 8 Agree; 0 No Opinion; 0 Disagree; APC 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 White County Commissioners at their 05/21/18 meeting for final approval.

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#1082 – Summer Chase Construction LLC/Abelina Leyva: A-1 (General Agricultural District) to R-1 (Single-Family Residential District) – S Springboro Rd, Brookston, IN 47923; Prairie Township. The proposed rezone is for the purpose of creating a Single-Family Residential Major Subdivision.

Bob Gross, R.W. Gross & Associates, Inc. & property owner, Jay Reynolds were present to represent the rezone request.

Colin Betts read the Staff Report into record. The subject properties are currently A-1 General Agriculture, which is the baseline district for most of the county. The White County Comprehensive Plan Future Land Use map indicates this area is desirable for agricultural uses. The applicant met with staff in 2017 to discuss options and procedures for a major residential subdivision. Single-Family dwellings are permitted in the L-1, R-1, R-2, R-4, and agricultural districts. However, residential subdivisions are not permitted in agricultural districts, and the properties must be rezoned to a residential district for a major subdivision. The purpose of the R-1 district is to “provide adequate land for low-density single-family residential uses”. The main difference between this district and other residential districts is the desire for low density housing separated from incompatible uses. The properties meet the minimum requirements for the R-1 District.

De Anne Paschen, residing at 11756 S Springboro Rd., voiced her objection to the rezone request. Ms. Paschen had concerns about the impact of the rural atmosphere by a residential subdivision and well, septic, and drainage were major concerns she shared. Jennifer Linville, residing at 11728 S Springboro Rd., also voiced an objection to the proposed subdivision. Ms. Linville had similar concerns surrounding the drainage, traffic, and the impact on rural living in relation to her.

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. 5 Agree; 1 No Opinion; 2 Disagree; APC Comments: Should be kept A-1.

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. 5 Agree; 1 No Opinion; 2 Disagree; APC Comments: Will (increase) housing density.

3. The proposed rezoning is the most desirable use for which the land in the subject property is adapted. 3 Agree; 4 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. 5 Agree; 2 No Opinion; 1 Disagree; APC Comments: Will not effect, may (increase).

5. The proposed rezoning reflects responsible standard for growth and development. 6 Agree; 2 No Opinion; 0 Disagree; APC Comments: The proposed subdivision would have to address the potential drainage issues.

President Charles Anderson announced the results, as follows: 8 votes cast; 6 in Favor - 2 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 05/21/18 meeting for final approval.

SUBDIVISIONS: None

AMENDMENTS: None

BUSINESS:

1) Nitty Gritty Workshop - The summer Nitty Gritty Workshops (I & II) will be June 14 and 15 at Farm Bureau in downtown Indianapolis. Nitty Gritty is an educational program that condenses planning down to simple, common language for citizen-planners.

2) 4-H Animals – The office is beginning to see an increasing number of complaints of (micro) livestock in residential districts, which is in violation of the White County Zoning Ordinance. Animals are well defined in CH 14 and livestock is prohibited in residential districts under Section 4.3. and Appendix A. The Board may desire to revisit a resolution to this issue.

There being no further business, Mike Smolek made a motion to adjourn the meeting, with a second from Denny Sterrett. 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

 

May 14, 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 04/09/18 APC Regular Meeting Minutes.

REZONINGS:

#1077 – Henry J Altman: B-1 (Neighborhood Business District) to R-2 District (Single & Two-Family Residential) – 302 W Eastlawn Rd., Burnettsville, IN 47926; Jackson Township. The rezone request is for the purpose of returning the parcel back to the baseline zoning in order to add improvements to the parcel.

#1078 – Derek N & Theresa M Blume: I-1 (Light Industrial District) to RR District (Rural Residential) – 7031 W 900 S, Brookston, IN 47923; Round Grove Township. The purpose of this rezone request is to change the parcel back to the original baseline zoning district, bringing it into compliance with the current use and allow for improvements on the parcel.

#1079 –Smith Erickson Farms, Inc.: A-2 (Agricultural Industry District) to A-1 District (General Agriculture Residential) – 4257 E 1000 S, Brookston, IN 47923; Prairie Township. The proposed rezone is to return the parcel to the baseline zoning district bring the parcel into compliance with the current use.

#1080– Michael D & Evelyn R Zarse: I-1 (Light Industrial District) to A-1 (General Agricultural District) – 2025 N Meridian Road, Reynolds, IN 47980; Honey Creek Township. The proposed rezone is to return the parcel back the baseline zoning, bring the parcel into compliance with the current use and allow for improvements.

#1081 – ADD Farms LLC/Ann Diener: A-1 (General Agricultural District) to R-1 (Single-Family Residential District) – 2103 & 2197 E Division Road, Reynolds, IN 47980; Honey Creek Township. The proposed rezone is for the purpose of creating a Single-Family Residential Major Subdivision.

#1082 – Summer Chase Construction LLC/Abelina Leyva: A-1 (General Agricultural District) to R-1 (Single-Family Residential District) – S Springboro Rd, Brookston, IN 47923; Prairie Township. The proposed rezone is for the purpose of creating a Single-Family Residential Major Subdivision.

SUBDIVISIONS: NONE

AMENDMENTS: NONE

BUSINESS: NONE