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APC MEETING – May 13, 2019

The White County Area Plan Commission met Monday, May 13, 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, Sid Holderly, Doug Pepple, Mike Smolek, & Brad Ward. Absent members were: Ralph Hasser, Richard Lynn, & Stacy Selagy.

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 Abbey Gross and a second by Vice President Mike Smolek to approve the meeting minutes of the 04/08/19 APC Regular Meeting. Approved unanimously, so moved.

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REZONES:

1) #1106 – Owner: Tony R Russell; Applicant: Megan Russell; The subject property is identified by: OUT SE FRAX 4-26-3 .85; Union Township; Parcel ID #: 91-63-04-000-007.500-021 (Tax ID #: 021-05850-00); 204 Brittany Lane, Monticello, IN. The proposed zoning map amendment involves consideration of a change of the zoning districts from: R-1 (Single Family Residential) to L-1 (Lake District). The proposed rezone is for the purpose of a vacation home rental.

Director Joe Rogers read the community communications that were received by the Staff into the record. Applicant, Megan Russell was in person to represent the rezone request. Megan confirmed the intent to rezone for the purpose of applying for Special Exception Use approval to allow for a Vacation Home Rental.

Daryl Carson voiced concerns about several previous complaints to the Monticello City Police Dept., too many occupants, and the use of a canon. Mr. Carson asked what enforcement action is in place to make sure the occupancy requirements are met. Director Rogers stated that any violations pertaining to the Vacation Home Rental should be reported to the Area Plan Office and those reports will be investigated and the property owners would be notified and instructed to correct any violations which are documented. Art Small clarified that the home was previously corporate owned and only used by corporate members and that the canon has been removed from the property and has not been used on the property since before 2014.

Nicole White, residing at 111 Brittany Lane, voiced concerns regarding heavy traffic, speeding, & noise.

Director Rogers reminded the Board that it is their duty to recognize that a rezone recommendation is in fact making a land use decision. The request for Special Exception Use to the Board of Zoning Appeals by an applicant requires only that the requirements for that use be met.

The staff found no record of rezone or variance requests for this parcel. The Staff found history of two violation complaints for the subject property. File #152 was filed on August 15, 2013 against a previous owner, Executives LLC, for operating an illegal vacation home rental. Based on the property owner’s response, Area Plan determined that the property was not used as a vacation home as defined by the White County Indiana Zoning Control Ordinance. Director Rogers determined the use corresponded with a cottage/summer home and a letter stating such was sent to the owner on September 4, 2013. File #256 was created for illegal operation of a VRBO by the current owner, Mr. Tony Russell. A violation letter sent on March 26, 2018 by the former director stating that the office had received a complaint of illegal vacation rental use at the site which was operating without a special exception use approval from the Board of Zoning Appeals. A response was received from Mr. Russell on April 11, 2018, that they were not operating a VRBO; he explained that the property was owned by Armega LLC d/b/a Pristine Properties via Land Contract and that the current stockholders utilized the vacation property, qualifying the use as personal and private. Area Plan Director Betts responded on April 11, 2018 by issuing a second notice that took exception to M. Russell’s claim and further advised Mr. Russell that the subject property was still being used as a vacation rental. This letter informed the owner that they had two weeks from the date of the letter to cease the illegal use or apply for a special exception use to avoid future penalties. The office did not receive any response to this letter and a follow up letter was sent on August 16, 2018. Former Director Betts, sent official notification stating that the property was still being used illegally as a vacation rental under his name without Mr. Russell having received the required special exception use approval by the Area Board of Zoning Appeals. The owner was given two weeks to respond. During this time, no penalties were charged to the owner. On March 7, 2019 (7 months after the required response date), Annette Cobb received an email from Megan Russell asking for additional information about the sewer certification requirement for the Special Exception Use application. To the Staff’s knowledge, this was the first contact after Mr. Bett’s letter of August, 2018. Megan Russell submitted a Special Exception Use application on March 27, 2019. Upon receipt, Director Rogers immediately recognized that a Vacation Rental by Owner, in fact, is not allowed as a Special Exception Use in an R-1 District and notified the owner of such; he informed Ms. Russell that her first step in remediation would be to apply to rezone the property.

This general area, along with the area north across State Road 39, was designated as an R-1, Single- Family Residential use area under the baseline zoning district assignments. When the Indian Hills Subdivisions were laid out, beginning in 1974, they were subject to a restriction that the lots only be used for Single Family Dwelling Units. It appears that the original intent was for this area to be committed only for Single Family Dwelling use. The Staff would like to point out that this particular property is not captured within the Indian Hills Subdivision groups; but was in an area of land committed to an R-1 district assignment, not just the portions which became subdivided. The Staff believes it is important to note that the property at 1105 S Airport Rd was rezoned under File #1071 on November 20th, 2017, Ord # 2017-21. This rezone request was presented as a request to return to the property to its original zoning district assignment of R-2, which was an incorrect assessment by the Staff. The baseline zoning for this parcel is R-1, Single Family Residential District.

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. 1 Agree; 0 No Opinion; 6 Disagree; APC Comments: Believe this to be spot zoning, all R-1 now.

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. 0 Agree; 2 No Opinion; 5 Disagree; APC Comments: Believe this to be spot zoning, all R-1

3. The proposed rezoning is the most desirable use for which the land in the subject property is adapted. 0 Agree; 0 No Opinion; 7 Disagree; APC Comments: None

4. The proposed rezoning will not have an adverse effect on the value of properties throughout the jurisdiction. 1 Agree; 2 No Opinion; 4 Disagree; APC Comments: None

5. The proposed rezoning reflects responsible standard for growth and development. 1 Agree; 2 No Opinion; 4 Disagree; APC Comments: None

President Charles Anderson announced the results, as follows:

7 votes cast – 0 in Favor; 7 Opposed; 0 No Recommendation

Rezone request will be certified to the appropriate legislative body with an “Unfavorable” recommendation.

2) #1107 – Owner: Wolcott Community Public Library; Applicant: Deanna Dreblow; The subject property is identified by: FIRST ADD LOT 42 698,593; Princeton Township; Parcel ID #91-75-30-000-009.100-018 (023-74060-00); 205 N Range St., Wolcott, IN. The proposed zoning map amendment involves consideration of a change of the zoning districts from: R-2 (Single & Two-Family Residential District) to B-4 (General Business Dense Development District). The proposed rezone is for purpose of the adjoining library expansion.

Director Rogers notified the Board that there was no public communication in the office pertaining to this rezone request. Director Rogers requested that a formal condition be attached to approval of this rezone stating that any future construction or development of the subject lot may not encroach within four feet (4’) of the South property line for said lot. Board Member Abbey Gross made a motion to attach said condition to the rezone ballot approval, with a second from Board Member, Doug Pepple. Approved unanimously, so moved.

Applicant, Deanna Dreblow was in person to represent the rezone request.

The staff found no record of rezone or variance requests for this parcel. The applicant is requesting a rezone of Lot 42, First Addition to the Town of Wolcott, which was acquired by Wolcott Community Public Library on December 21, 2018. This is a rectangular measuring 60’ X 120. The Wolcott Community Public Library now owns abutting lots, #40 & #42. The library has indicated that the future plan is to remove the existing home and detached garage in order to expand the existing public library. To do such requires the parcel be combined and to combine the parcels requires a common zoning district assignment. They now own a B-2 and a B-4 parcel. To accomplish the combine, one of the parcels is required to be rezoned.

In the opinion of the Staff, the targeted rezone site is consistent with certain characteristics for a B-4 zoning district assignment (limited space, high lot coverage, unable to reasonably reconstruct without multiple variances). The intended use location is consistent and compatible with the White County Comprehensive Plan and the county zoning ordinance. Also, the subject site conditions are similar to that of the Brookston Library which is currently zoned B-4 (General Business Dense Development District).

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. 7 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. 7 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. 7 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. 7 Agree; 0 No Opinion; 0 Disagree; APC Comments: None

5. The proposed rezoning reflects responsible standard for growth and development. 7 Agree; 0 No Opinion; 0 Disagree; APC Comments: None

President Charles Anderson announced the results, as follows:

7 votes cast - 7 in Favor; 0 Opposed; 0 No Recommendation

Rezone request will be certified to the appropriate legislative body with a “Favorable” recommendation: The Wolcott Town Board at the June 4, 2019 meeting.

3) #1108 – Owner: Robert D Bonnell; Applicant: Sean Dekker; The proposed zoning map amendment involves consideration of a change of the zoning districts from: R-3 (Multi-Family Residential District) to a B-4 (General Business Dense Development District); Location: BARRS ADD 28' E/E LOT 93 & 26 1/2' x 28' SE COR LOT 94; Parcel ID #91-73-33-000-003.100-021 (021-00570-00); 116 W Marion St., Monticello; Union Township, White County, Indiana, 47960; The proposed rezone is for the purpose of future restaurant development. – WITHDRAWN ON 04/29/19 AFTER PUBLIC NOTICE SUBMISSION

SUBDIVISIONS: NONE

AMENDMENTS: NONE

BUSINESS:

1) Housing Study – Discussion: Independent Committee - Comprehensive Plan Oversight Committee

Director Rogers asked for authorization to pursue a housing study sub-committee (see letter sent to Board). Board member, Abbey Gross made a motion to direct Director Rogers to move forward in creating a housing study sub-committee. Board Member, Denny Sterrett seconded and all approved unanimously, so moved.

Director Rogers also recommended to the Board that a Comprehensive Plan Steering Committee be resurrected in order to address action items required by the Comprehensive Plan. This Committee would report back to the Area Plan Commission its findings and recommendations. After general discussion, Board Member Denny Sterrett motioned to move forward with Director Rogers organizing a Comp Plan Steering Committee. Board Member, Doug Pepple seconded and all approved unanimously, so moved.

2) Small Town Advisory Council – Discussion relating to the attempt to get this Council to run successfully. Sid Holderly is currently the Chair and has been unsuccessful in getting the Council to meet following the initial meeting held earlier this year. Joe Rogers, Director, has talked with each of the towns that include Burnettsville, Chalmers, Reynolds & Wolcott that make up the Small- Town Advisory Council. Joe Rogers, Director, is proposing that the Small-Town Advisory Council be restructured and that vs. a Small-Town Advisory meeting format, the members rotate representation through a term on the Area Plan Commission. This proposal will not add an additional member to the APC, as each town representative will serve a term that will be replaced by another town representative after the term is fulfilled. Abbey Gross made a motion to approve, with a second from Brad Ward. All approved unanimously, so moved.

There being no further business, Commission Member, Abbey Gross made a motion to adjourn the meeting, with a second from Commission Member Brad Ward. The meeting adjourned at 6:43 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

May 13, 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 04/08/19 APC Regular Meeting Minutes

REZONINGS:

4) #1106 – Owner: Tony R Russell; Applicant: Megan Russell; The subject property is identified by: OUT SE FRAX 4-26-3 .85; Union Township; Parcel ID #91-63-04-000-007.500-021 (021-05850-00). The proposed zoning map amendment involves consideration of a change of the zoning districts from: R-1 (Single Family Residential) to L-1 (Lake District). The proposed rezone is for the purpose of a vacation home rental.

5) #1107 – Owner: Wolcott Community Public Library; Applicant: Deanna Dreblow; The subject property is identified by: FIRST ADD LOT 42 698,593; Princeton Township; Parcel ID #91-75-30-000-009.100-018 (023-74060-00); 205 N Range St., Wolcott, IN. The proposed zoning map amendment involves consideration of a change of the zoning districts from: R-2 (Single & Two-Family Residential District) to B-4 (General Business Dense Development District). The proposed rezone is for purpose of the adjoining library expansion.

6) #1108 – Owner: Robert D Bonnell; Applicant: Sean Dekker; The proposed zoning map amendment involves consideration of a change of the zoning districts from: R-3 (Multi-Family Residential District) to a B-4 (General Business Dense Development District); Location: BARRS ADD 28' E/E LOT 93 & 26 1/2' x 28' SE COR LOT 94; Parcel ID #91-73-33-000-003.100-021 (021-00570-00); 116 W Marion St., Monticello; Union Township, White County, Indiana, 47960; The proposed rezone is for the purpose of future restaurant development. – WITHDRAWN ON 04/29/19 AFTER PUBLIC NOTICE SUBMISSION

SUBDIVISIONS: NONE

AMENDMENTS: NONE

BUSINESS:

3) Housing Study – Discussion

4) Small Town Advisory Council - Discussion

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