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APC MEETING – August 12, 2019

The White County Area Plan Commission met Monday, August 12, 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, Stacy Selagy, Mike Smolek, Denny Sterrett & Brad Ward. Absent members were: Ralph Hasser & Richard Lynn.

Planning Department Representatives: Joseph Rogers, Executive Director, Tina M. Tiede, APC Secretary; and Makenzie Martin (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 Board Member Mike Smolek and a second by Board Member Doug Pepple to approve the meeting minutes of the 07/08/19 APC Regular Meeting. Approved unanimously, so moved.

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REZONES:

1) #1113 – Owner: CIMC Reefer Trailer Inc.; Applicant: Same; The subject property is identified by: OUT W NE; 27-28-04; 57.261 & E NW; 26.80; Monon Township; Parcel ID #91-84-27-000-000.301-013 (010-16770-01); 717 E Quarry Rd., Monon, IN 47959. The proposed zoning map amendment involves consideration of a change of the zoning district from: A-1 (General Agriculture District) to I-2 (Heavy Industrial District). The purpose of the proposed rezone is to accommodate industrial development.

The subject 84+ acre parcel is the proposed location of a new 256,000 sf. manufacturing facility and is an expansion of their current business in a related product on land adjacent to Vanguard storage activities. This expansion could potentially create 225 new jobs in White County. The surrounding area is used for industrial, rural residential and agricultural. In the opinion of the Staff, the targeted rezone site is consistent and compatible with the 2017 White County Comprehensive Plan.

Ann Felton, Civil Engineer representing CIMC Reefer Trailer, was in person to represent this rezone request. The property owner is looking to build a 235,000 sq. ft. building to construct reefer trailers with storage for 800 units. The parking lot is to be paved and the proposal slightly exceeds the county minimum parking requirement, and will accommodate first and second shift employees. Director Rogers asked Ann to elaborate on traffic the discussions she’s had with White County Highway Superintendent, Mike Kyburz. Ms. Felton stated that Mike Kyburz stated that the traffic count was low enough as not to require turn lanes. Director Rogers questioned how many employees were considered for this count. Mr. Felton said first shift is slated for 150 employees.

Michael Gayler, abutting property owner, expressed concerns to the Board about traffic, trash, notice, water-run-off, lighting, and a negative impact on his property values. Ms. Felton stated that they have begun the grading review process for the site and there is a detention pond that is located on the East side of the parcel. Run-off from the development will be directed by storm sewer and sheet flow to the detention pond. Ms. Felton explained that the storm sewer is designed for a 10-year flood event and the pond is designed to accommodate a 100-year flood event. Ms. Felton addressed the noise and dust concerns by explaining that the White County Zoning Ordinance requires that the storage area be screened. The screening must have an opaque fence and evergreens and Ms. Felton considered that those evergreen plantings could certainly be more generous on the East side where Michael Gayler resides. President Anderson asked if the storage section is proposed on the East side of the parcel. Ms. Felton stated that the storage area is proposed on the North side of the parcel and will have minimal lighting. Director Rogers stated that per the Zoning Ordinance, the lighting must be directed to the subject parcel. Ms. Felton spoke with the Operations Team regarding trash and there are 5 different refuge containers designated for trash and recycling and must be contained by independent screening, in addition to the property screening, which will cut down on trash blowing toward the neighboring parcels. Brad Ward, White County Surveyor, commented that the drainage review for this proposal is tentatively scheduled for next Monday, August 19, 2019.

There being no additional questions, ballots were passed out by Makenzie Martin.

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: Adding on to zoning to West

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. 7 Agree; 2 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 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.

SUBDIVISIONS:

  1. #343 – Applicant: Tony J Ellis; Owner: Tony J Ellis & Katherine Cosgray - Wanetta Way Subdivision; Parcel ID: #91-83-21-000-002.900-010; Tax ID: #007-02900-00; OUT E/S NE; 21-28-03; Off E Bass Center Rd., Monticello, Liberty Township; White County, Indiana. A proposed 3-Lot Minor Subdivision, for the purpose of accommodating accessory structures and uses only.

The applicant submitted a primary plat on February 26, 2019 which was reviewed by the Tech Committee on March 13, 2019. The Tech Review report is included with the Board packet documents. The plat appears to meet the requirements of the committee and the White County Indiana Subdivision Control Ordinance, excluding setback requirements. The owner of the subject parcel desires to subdivide the property into lots which would only be allowed to accommodate accessory structures and uses with the intent of selling the lots to lake side property owners to supplement their current site limitations.

There were several changes that the Tech Review Committee requested, which Director Rogers read into the record. The subdivision does not meet the requirements listed in Appendix A: Subdivision Bulk Use Standards, therefore the applicant has requested a waiver to the requirements listed in Appendix B of the White County Indiana Zoning Control Ordinance. The waiver must be acted upon before action is taken on the Subdivision requests. During Tech Review, it was noted that if any utility poles were located outside of the 17.4’ additional right of way that an easement would be required to be listed on the plat. A pole in front of Lot 1 is located outside the additional right of way and the plat has been updated to include the required easement. Lot 2 and 3 were not affected by this requirement.

Executive Director Rogers advised the board that the submitted plat incorporated all changes which had been requested by the Tech Review Committee (see file for Tech Review Committee Meeting Minutes).

Tony Ellis was in person to represent this 3-Lot Minor Subdivision request. The applicant’s goal is to clean up the area from the current condition as well. During the Board’s discussion with the applicant, the Board attached a condition to the subdivision consideration; that being that the applicant had to include the following language on the deed for each property of the subdivision “This lot may only be used or developed as an accessory use lot associated with a single family dwelling unit located on a unique and separate parcel of land. Said accessory uses and development must be consistent with the rules, regulations and standards of the White County Indiana Zoning Control Ordinance as amended from time to time.”; this condition passed unanimously and is therefore a condition of subdivision approval (see file for Findings of Fact).

There being no additional questions, waiver ballots were passed out by Makenzie Martin.

Waiver Ballot Summary: President Anderson announced the results as follows:

9 votes cast – 9 in Favor; 0 Opposed; 0 No Recommendation

There being no additional questions, subdivision ballots were passed out by Makenzie Martin.

Minor Sub Ballot Summary: President Anderson announced the results as follows:

9 votes cast – 9 in Favor; 0 Opposed; 0 No Recommendation

  1. #344 – Applicant: Charles & Mary Jo Wainwright; Owner; Jennifer A. Scott – Sadie’s Subdivision; Parcel ID: #91-63-28-000-018.600-020; Tax ID: #014-33920-00; S/E E NE; 28-26-3; .66; & NE COR SE; .91; & OUT NE SE; .542; &; .109 VAC RDWY; Union Township; 5480 S Salisbury Ct., Monticello; White County, Indiana. A proposed 2-Lot Minor Subdivision, for the purpose of dividing the property to allow the sale of the lower half to a near-by property owner.

The applicant submitted a primary plat on May 3, 2019. The Tech Review committee met on May 23, 2019 and provided the applicant with a summary of items to change or consider (see the Tech Review Committee meeting minutes included in your packet). All changes requested by the Tech Review Committee have been accommodated in the plat dated June 27, 2019 and which is submitted to the Board for its review and consideration. The plat does not meet the setback requirements of the White County Indiana Subdivision Control Ordinance, Appendix A: Bulk Use Standards. A waiver has been submitted to reduce setbacks to the White County Indiana Zoning Control Ordinance Appendix B: Bulk Use Standards. The waiver must be acted upon prior to consideration of plat approval. The plat indicates that County setback standards, as amended from time to time, would apply to future development of the sites.

Director Rogers explained that this subdivision petition includes a request for a waiver to substitute the developmental standards from the White County Subdivision Control Ordinance for those standards in the Zoning Ordinance. The Waiver Ballot must be voted on prior to voting to approve the subdivision petition.

There were several changes that the Tech Review Committee requested, which Director Rogers read into the record. Executive Director Rogers advised the board that the submitted plat incorporated all changes which had been requested by the Tech Review Committee (see file for Tech Review Committee Meeting Minutes).

Charles & Mary Jo Wainwright were in person to represent the subdivision request. Mr. Wainwright was unsure how to proceed with the current request due to a pending bankruptcy proceeding by the property owner. Depending on the legal proceedings, the property may not be able to be sold.

During the Board’s discussion with the applicant, the Board attached the following condition to the subdivision consideration; “Final plat approval is contingent upon the subject parcel not being an asset of the current bankruptcy proceedings to which the current property owner is involved. The applicant has 30 days from August 12, 2019 to advise the Staff of the property’s status. Failure to meet the 30-day time limit or confirmation of that the property as an asset of the bankruptcy proceedings results in a denial of the subdivision requests”. This condition passed unanimously and is therefore a condition of subdivision approval (see file for Findings of Fact).

There being no additional questions, waiver ballots were passed out by Makenzie Martin.

Waiver Ballot Summary: President Anderson announced the results as follows:

9 votes cast – 9 in Favor; 0 Opposed; 0 No Recommendation

There being no additional questions, subdivision ballots were passed out by Makenzie Martin.

Min Sub Ballot Summary: President Anderson announced the results as follows:

9 votes cast – 9 in Favor; 0 Opposed; 0 No Recommendation

AMENDMENTS:

1) #A38 – Micro Farming: CH 4 Specific Use Classification & Provisions – 4.3 Accessory Use Provisions: 4.3.2 Domesticated Animals, 4.3.3 Exotic Animals & 4.3.4 Livestock Animals & Bees; CH 14 Definitions - The purpose of this amendment is to satisfy the statutory requirements of Senate enrolled Act No. 529. The Board voted unanimously to approve the amendment by a show of hands.

2) #A51 – Cell Towers: CH 3 Specific Use Requirements & Performance Standards - 3.10 Wireless Support Structures and Wireless Facilities, 3.10.2 New Wireless Support Structures and Wireless Facilities, 3.10.3 Existing Wireless Support Structure and/or Wireless Facility (Substantial Modification), 3.10.4 Application and Approval Procedure-Collocations & 3.10.5 Construction, Placement or Use of Small Cell Facilities. The purpose of this amendment is to comply with new state codes. The Board voted unanimously to approve the amendment by a show of hands.

3) #A58 – Event Barns: CH 3 Specific Use Requirements & Performance Standards - 3.16 Special Exception Use Criteria & Requirements: 3.16.10 Category 9: Event Barn; CH 8 Parking & Loading Standards – Table 8.6 Required Off-Street Parking Spaces; & Appendix A: Official Schedule of Uses. The purpose of this amendment is to accommodate celebratory activities such as weddings, family reunions, anniversary parties, etc., in a forum not covered by the current zoning ordinance. The Board voted unanimously to approve the amendment by a show of hands.

4) #A60 – Fences: CH 9 Landscape Standards – 9.6 Fences. The purpose of this amendment is to bring into compliance fencing regulations, permitting, & security. Director Rogers pointed out several major changes in the amendment from the current standards. He advised the Commission that this amendment re-instates a permitting process for fences within a municipality or the defined limits of Buffalo and Idaville. Also, various restrictions are incorporated for fencing planned within a front yard or front yard setback. The Board voted unanimously to approve the amendment by a show of hands.

BUSINESS: None

There being no further business, Commission Member, Abbey Gross made a motion to adjourn the meeting, with a second from Commission Vice-President, Mike Smolek. The meeting adjourned at 7:17 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. X____________________________________________________________________

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 #343; Wanetta Way Subdivision

APPLICANT

Tony Ellis

IDENTIFICATION

Parcel ID: # 91-83-21-000-002.900-010; (Tax ID: # 007-02900-00)

LOCATION

Off 775 N

REQUEST(S)

New Three (3) Lot Minor Subdivision

PURPOSE

The applicant wishes to subdivide the property into lots for the accommodation of accessory structures and uses only.

HEARING DATE

August 12, 2019

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:

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

2) Legal Description: Out E/S NE; 21-28-03; .854; in Liberty Township, in White County, Indiana (see file #343 for full legal description);

3) The proposed subdivision creates three lots, Lot #1, Lot #2 and Lot #3;

4) The property is located in an R-2, Single & Two-Family Residential District;

5) A Minor subdivision is a permitted use in an R-2 District;

6) The property lies North of 775 N, on Bass Center Rd, in a geographic area primarily dedicated to seasonal and year-round dwellings and agriculture;

7) The parcel is currently undeveloped land;

8) The applicant submitted a subdivision plat dated 07/10/19;

9) Executive Director Rogers advised the board that the submitted plat incorporated all changes which had been requested by the Tech Review Committee (see file for Tech Review Committee Meeting Minutes);

10) The White County Indiana Subdivision Control Ordinance, Chapter 2, Section 2.3, provides an applicant the ability to request a waiver from certain standards of the Subdivision Control Ordinance; The applicant requested the Board waive the Bulk Use Standards, Appendix A, of the Subdivision Ordinance and allow use of the Bulk Use Standards from Appendix B of the White County Indiana Zoning Control Ordinance;

11) The Area Plan Commission considered and approved the waiver request, 9 approve, 0 disapprove (see file for ballots);

12) During the Board’s discussion with the applicant, the Board attached a condition to the subdivision consideration; that being that the applicant had to include the following language on the deed for each property of the subdivision “This lot may only be used or developed as an accessory use lot associated with a single family dwelling unit located on a unique and separate parcel of land. Said accessory uses and development must be consistent with the rules, regulations and standards of the White County Indiana Zoning Control Ordinance as amended from time to time.”; this condition passed unanimously and is therefore a condition of subdivision approval;

13) Proper notice of the amendment request was given by mail to adjoining property owners;

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

15) No citizens from the community provided feedback before or during the public hearing;

16) The Board voted 9 to approve and 0 to deny the subdivision requests with the above stated condition; further, the Board found that the Standards of the Subdivision Control Ordinance have been met and that Final Plat approval shall be granted by the Staff subject to the attached condition.

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 Wanetta Way Subdivision, and it was so ordered, August 12, 2019.

Submitted By:

Joseph W Rogers, 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 #344; Sadie’s Park Subdivision

APPLICANT

Charles & Mary Jo Wainwright

IDENTIFICATION

Parcel ID: #91-63-28-000-018.600-020; (Tax ID: #014-33920-00)

LOCATION

5480 S Salisbury Ct, Monticello, In 47960

REQUEST(S)

New Two (2) Lot Minor Subdivision

PURPOSE

The applicant wishes to subdivide the property into lots to allow the sale of the lower half to a near-by property owner.

HEARING DATE

August 12, 2019

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:

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

2) Legal Description: S/E E NE; 28-26-3; .66; & NE COR SE; .91; & OUT NE SE; .542; &; .109 VAC RDWY; in Union Township, in White County, Indiana (see file #344 for full legal description);

3) The proposed subdivision creates two (2) lots, Lot #1, Lot 2;

4) The property is located in an R-2, Single & Two-Family Residential District;

5) A Minor subdivision is a permitted use in an R-2 District;

6) The property lies at 5480 S Salisbury Ct., in a geographic area primarily dedicated to year-round dwellings and agricultural purposes;

7) The parcel is currently used for a single-family residence;

8) The applicant submitted a subdivision plat dated 05/03/19;

9) Executive Director Rogers advised the board that the submitted plat incorporated all changes which had been requested by the Tech Review Committee (see file for Tech Review Committee Meeting Minutes);

10) The White County Indiana Subdivision Control Ordinance, Chapter 2, Section 2.3, provides an applicant the ability to request a waiver from certain standards of the Subdivision Control Ordinance; The applicant requested the Board waive the Bulk Use Standards, Appendix A, of the Subdivision Ordinance and allow use of the Bulk Use Standards from Appendix B of the White County Indiana Zoning Control Ordinance;

11) The Area Plan Commission considered and approved the waiver request, 9 approve, 0 disapprove (see file for ballots);

12) During the Board’s discussion with the applicant, the Board attached a condition to the subdivision consideration; that being that “Final plat approval is contingent upon the subject parcel not being an asset of the current bankruptcy proceedings to which the current property owner is involved. The applicant has 30 days from August 12, 2019 to advise the Staff of the property’s status. Failure to meet the 30-day time limit or confirmation of that the property is an asset of the bankruptcy proceedings results in a denial of the subdivision requests”. This condition passed unanimously and is therefore a condition of subdivision approval;

13) Proper notice of the amendment request was given by mail to adjoining property owners;

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

15) No citizens from the community provided feedback before or during the public hearing;

16) The Board voted 9 to approve and 0 to deny the subdivision requests with the above stated condition; further, the Board found that the Standards of the Subdivision Control Ordinance have been met and that Final Plat approval shall be granted by the Staff subject to the attached condition.

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 Wanetta Way Subdivision, and it was so ordered, August 12, 2019.

Submitted By:

Joseph W Rogers, Executive Director Tina M Tiede, Secretary

White County Area Plan Area Plan Commission

WHITE COUNTY AREA PLAN COMMISSION

PUBLIC NOTICE OF REGULAR SESSION

August 12, 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 07/08/19 APC Regular Meeting Minutes

REZONINGS:

2) #1113 – Owner: CIMC Reefer Trailer Inc.; Applicant: Same; The subject property is identified by: OUT W NE; 27-28-04; 57.261 & E NW; 26.80; Monon Township; Parcel ID #91-84-27-000-000.301-013 (010-16770-01); 717 E Quarry Rd., Monon, IN 47959. The proposed zoning map amendment involves consideration of a change of the zoning districts from: A-1 (General Agriculture District) to I-2 (Heavy Industrial District). The purpose of the proposed rezone is to accommodate industrial development.

SUBDIVISIONS:

  1. #343 – Applicant: Tony J Ellis - Wanetta Way Subdivision; Parcel ID: #91-83-21-000-002.900-010; Tax ID: #007-02900-00; OUT E/S NE; 21-28-03; Off E Bass Center Rd., Monticello, Liberty Township; White County, Indiana. A proposed 3-Lot Minor Subdivision, for the purpose of accommodating accessory structures and uses only.
  2. #344 – Applicant: Charles & Mary Jo Wainwright – Sadie’s Subdivision; Parcel ID: #91-63-28-000-018.600-020; Tax ID: #014-33920-00; S/E E NE; 28-26-3; .66; & NE COR SE; .91; & OUT NE SE; .542; &; .109 VAC RDWY; Union Township; 5480 S Salisbury Ct., Monticello; White County, Indiana. A proposed 2-Lot Minor Subdivision, for the purpose of dividing the property to allow the sale of the lower half to a near-by property owner.

AMENDMENTS:

5) Continued...#A38 – Micro Farming: CH 4 Specific Use Classification & Provisions – 4.3 Accessory Use Provisions: 4.3.2 Domesticated Animals, 4.3.3 Exotic Animals & 4.3.4 Livestock Animals & Bees; CH 14 Definitions - The purpose of this amendment is to satisfy the statutory requirements of Senate enrolled Act No. 529, as well as provide an allowance for 4H Animal projects. This amendment has been modified as requested by the APC at their July 8, 2019 meeting.

6) Continued...#A51 – Cell Towers: CH 3 Specific Use Requirements & Performance Standards - 3.10 Wireless Support Structures and Wireless Facilities, 3.10.2 New Wireless Support Structures and Wireless Facilities, 3.10.3 Existing Wireless Support Structure and/or Wireless Facility (Substantial Modification), 3.10.4 Application and Approval Procedure-Collocations & 3.10.5 Construction, Placement or Use of Small Cell Facilities. The purpose of this amendment is to comply with new state codes.

7) Continued...#A58 – Event Barns: CH 3 Specific Use Requirements & Performance Standards - 3.16 Special Exception Use Criteria & Requirements: 3.16.10 Category 9: Event Barn; CH 8 Parking & Loading Standards – Table 8.6 Required Off-Street Parking Spaces; & Appendix A: Official Schedule of Uses. The purpose of this amendment is to accommodate celebratory activities such as weddings, family reunions, anniversary parties, etc., are currently not covered by the current zoning ordinance.

8) Continued...#A60 – Fences: CH 9 Landscape Standards – 9.6 Fences. The purpose of this amendment is to bring into the compliance fencing regulations, permitting, & security.

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