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APC MEETING – March 11, 2019

The White County Area Plan Commission met Monday, March 11, 2019, at 6:00 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

Board Members Present: Charles Anderson, James Annis, Abbey Gross, Ralph Hasser, Sid Holderly, Doug Pepple, Stacy Selagy, Mike Smolek, & Brad Ward. Absent members were: Richard Lynn & Dennis Sterrett

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

Registered visitors were: See attached.

The meeting was called to order by President Anderson.

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Approval of The Minutes: There was a motion by Board Member Pepple and a second by Vice President Smolek to approve the meeting minutes of the 01/14/19 APC Regular Meeting. Approved unanimously, so moved.

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REZONES:

1) #1099 – Owner: Reiff Farms, Inc; Applicant: Michael Thompson; The subject property is approximately 2.5 acres of the parcel identified by: Out Nw Nw; 25-27-02; 20.469; 574; Parcel ID #91-72-25-000-017.600-009 (018-55810-00); Jackson Township; to be known as: 303 W 2nd St., Burnettsville, IN 47926. The proposed zoning map amendment involves consideration of a change of the zoning district from: A-1 (General Agriculture District) to B-2 (General Business District). The proposed rezone is for the purpose of construction of a retail establishment. The applicant is requesting a rezone of approximately 2.5 acres of ground within the parent tract of land which consists of 20.469 acres. The tract subject to the rezone request measures approximately 271 x 337 feet and comes out of the east end of the parent tract extending from US Hwy 24 to County Road 100 N in Burnettsville, IN.

Director Rogers requested that there be a condition attached to the consideration of the rezone request which requires the 2.5 acres be properly subdivided prior to the rezone taking effect. The applicant should have no more than 90 days from the day the ordinance is approved to execute the land subdivision. Board Member Ward made a motion to accept the proposed condition to the rezone request, with a second from Abbey Gross. By a show of hands, the Board voted unanimously to approve the motion. Michael Thompson, Civil Engineer with Hamilton Designs, was in person to represent the rezone request. The retail establishment being proposed is a Dollar General store. A preliminary stormwater detention plan has been presented to the White County Surveyor, Brad Ward for review. Board Member Annis asked for confirmation on the size of the proposed building. Michael Thompson stated the building size is to be built to 9,100 square feet. The major concern of the Staff is the road routing and construction. The exit/entrance to the establishment is proposed for a location subject to relatively high speeds, will be a short distance to road curvatures and the road construction in front of the store is fairly steeply banked. The Staff has concerns as to the extent that INDOT will be agreeable to a commercial driveway along that road segment. Hamilton Designs is currently working with INDOT to provide the safest ingress/egress route. It does appear logical to the Staff that the corridor bordering 2nd Street (US Hwy 24) would be attractive to commercial activities as it opens an easy way to capture transient travelers in addition to the customer base of the local residents. The Staff also believes that the commercial development of this corridor is a positive for the community.

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: 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. 9 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; 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; 1 No Opinion; 0 Disagree; APC Comments: None

5. The proposed rezoning reflects responsible standard for growth and development. 9 Agree; 0 No Opinion; 0 Disagree; APC Comments: None

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 Burnettsville Town Board at the April 4, 2019 meeting.

2) #1100 – Owner: J & A Bowman Farms LLC; Applicant: Jonathan Bowman; Pt S Nw; 5-27-4; 10.002; 698; #91-74-05-000-000.501-005 (004-41960-01); Honey Creek Township; to be known as: 4476 & 4478 N 100 W. The proposed zoning map amendment involves consideration of a change of the zoning district from: A-1 (General Agriculture District) to A-2 (Agricultural Industry District). The proposed rezone is for the purpose of constructing a confined feeding operation. Mike Veenhuizen, Livestock Engineering Solutions Inc., and Jonathan & Amanda Bowman were present to represent this rezone request. Mr. Veenhuizen provided an additional handout to the Board that provided the Purdue Odor Footprint Model and referenced the potential for emissions from the proposed site and any potential impact to surrounding properties (see file). The request is for a permit capacity of 4,620 head per barn for the purpose of short-term overlap flexibility. There is currently a verbal agreement with Allen Farms for an access easement from CR 100 W. The intent is to file for official easement approval prior to applying for a building permit application. Director Rogers asked that a condition to be officially placed on the request that a permanent access easement be executed and recorded as part of this rezone approval and that this be accomplished within 90 days from the official approval date. Member Gross made a motion to attach the condition that the access easement be finalized and recorded within 90 days of the official approval date for rezone to take effect, with a second from President Anderson. By a show of hands, the motion was unanimously approved.

The site satisfies all of the developmental standards for an A-2 district as provided for in CH 2, Section 2.5, Subsection 2.5.2 of the White County Zoning Ordinance. As per Section 2.5.2 C & E, County Highway department approval of driveway construction, County Drainage Board approval and IDEM permit approval are required prior to issuance of any building or improvement location permit by the Building and Planning Office.

The Staff will also require a site plan showing compliance to the Buffering Standards for an A-2 District spelled out in Table 9.1 of Chapter 9 prior to permit issuance. The Staff would like to point out that the roads network surrounding the site is gravel constructed, not paved.

The Staff believes all applicable ordinance standards for rezone consideration are satisfied by the applicant. In addition, the proposal appears to be in line with various elements of the 2017 Comprehensive Plan; such as, but not limited to the following: it is proposed for a location which would not negatively impact the natural resources of the lake and river areas of White County; it is remote enough to not negatively impact the County’s tourism industry; it is proposed for an area targeted on the Comprehensive Plan land use maps as an area appropriate for agricultural uses and the proposal protects a traditionally agricultural area with additional agricultural development.

Several residents spoke out against the rezone request. Citizens expressed concerns about the effect of the facilities water usage on surrounding wells, the effects of manure application on fields near residences and what type of buffer was planned for the site. The primary concern was the condition of the roads designated for the travel route of the trucks and the dangers presented by trucks utilizing the low visibility intersection of CR 500 N and CR 100 W. Residents speaking were Alicia Cox and Sharon Hartwell.

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: 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. 9 Agree; 0 No Opinion; 0 Disagree; APC Comments: Concerns on the proposed traffic pattern. County Road 100 will need stabilization as well as 500 & 100 turn area; Appropriate concern expressed about traffic & road conditions/maintenance provided by the county highway.

3. The proposed rezoning is the most desirable use for which the land in the subject property is adapted. 6 Agree; 3 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. 3 Agree; 6 No Opinion; 0 Disagree; APC Comments: None

5. The proposed rezoning reflects responsible standard for growth and development. 9 Agree; 0 No Opinion; 0 Disagree; APC Comments: None

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 White County Commissioners at the March 18, 2019 meeting.

PERMIT APPROVALS:

#2080 – Horvath Communications – New Wireless Cell Tower; N Nw 16-28-2; 75.199; 501;
#91-82-16-000-000.500-003 (002-07990-00); Cass Township; 11044 E 900 N, Idaville, IN 47950. ILP Application for construction of a new wireless communication tower and support facility. Jay Suriano, Pyramid Network Services, was present to provide information on the planned project, answer questions and request approval for a 209’ self-support wireless cell tower. After discussion and consideration, the Board voted unanimously to approve the request.

President Anderson announced the results, as follows:

9 votes cast - 9 Approve; 0 Deny; 0 Undecided

SUBDIVISIONS:

1) Steven Malcom – Discussion of Shorewood Heights Subdivision layout. Mr. Malcom led a general discussion on alternative methods of making Shorewood Heights Subdivision more viable. After discussion and consideration of several alternatives, Mr. Malcom was directed to have his plans revised and submit them to the Staff for approval under the regulations for requesting a subdivision amendment.

AMENDMENTS: NONE

BUSINESS:

1. Golf Course Grandfathering 3.16.7; 4.5.4

Director Rogers provided the Board with a summary of zoning assignments for golf courses in the County and the issues the office and property owners face with the zoning ordinance constructed the way it is. He offered to the Board 4 possible solutions to this situation; although, his recommendation was to change Appendix A-Official Schedule of Uses to allow golf courses in a wider range of zoning district assignments. After consideration, the Board voted for Director Rogers to pursue his recommendation and submit to the Board for formal approval.

There being no further business, Commission Member Ward made a motion to adjourn the meeting, with a second from Commission Member Gross. The meeting adjourned at 7:26 p.m.

Respectfully submitted,

Tina M. Tiede, APC Secretary

White County Area Plan Commission

Joseph Rogers, 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.”

Signed_______________________________________________

WHITE COUNTY AREA PLAN COMMISSION

PUBLIC NOTICE OF REGULAR SESSION

March 11, 2019 – 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 01/14/19 APC Regular Meeting Minutes

REZONINGS:

3) #1099 – Owner: Reiff Farms, Inc; Applicant: Michael Thompson; The subject property is approximately 2.5 acres of the parcel identified by: Out Nw Nw; 25-27-02; 20.469; 574; ; Parcel ID #91-72-25-000-017.600-009 (018-55810-00); Jackson Township; to be known as: 303 W 2nd St., Burnettsville, IN 47926. The proposed zoning map amendment involves consideration of a change of the zoning districts from: A-1 (General Agriculture District) to B-2 (General Business District). The proposed rezone is for the purpose of construction of a retail establishment.

4) #1100 – Owner: J & A Bowman Farms LLC; Applicant: Jonathan Bowman; Pt S Nw; 5-27-4; 10.002; 698; # 91-74-05-000-000.501-005 (004-41960-01); Honey Creek Township; to be known as: 4476 & 4478 N 100 W. The proposed zoning map amendment involves consideration of a change of the zoning districts from: A-1 (General Agriculture District) to A-2 (Agricultural Industry District). The proposed rezone is for the purpose of construction of a confined feeding operation.

PERMIT APPROVALS:

1) #2080 – Horvath Communications – New Wireless Cell Tower; N Nw 16-28-2; 75.199; 501;
#91-82-16-000-000.500-003 (002-07990-00); Cass Township; 11044 E 900 N, Idaville, IN 47950. ILP Application for construction of a new wireless communication tower and support facility.

SUBDIVISIONS:

2) Steven Malcom – Discussion of Shorewood Heights Subdivision layout.

AMENDMENTS: NONE

BUSINESS:

2. Golf Course Grandfathering 3.16.7; 4.5.4

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