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APC MEETING – September 9, 2019

The White County Area Plan Commission met Monday, September 9, 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, Denny Sterrett & Brad Ward. Absent member was: 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 Abbey Gross and a second by Board Member Jim Annis to approve the meeting minutes of the 08/12/19 APC Regular Meeting. Approved unanimously, so moved.

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REZONES:

1) #1114 – Owner: Dibell Acres Inc..; Applicant: DGOGWolcottin050119 LLC; The subject property is approximately 2.049 acres of the parcel identified by: OUT NW; 31-27-5; 118.142; Parcel ID #91-75-31-000-000.200-017 (Tax ID #012-76730-00); Princeton Township; to be known as: 8834 W US HWY 24, Wolcott, IN 47995. 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 development of a retail establishment.

The applicant submitted an official request of continuance on 09/09/19, to have his hearing moved to the October 15, 2019 APC Meeting, to give the developer time to reach agreement with the Town of Wolcott for the Town to provide municipal water and sewer service to the site.

2) #1115 – Owner: Procopio & Mariana Martinez; Applicant: Same; The subject property is identified by: LAKE DRIVE SUB BLK 3 LOTS 9,10,11,12 13,14,15,16; Union Township; Parcel ID #91-73-28-003-022.600-021 (021-09900-00); 209 Condo St, Monticello, In 47960. The proposed zoning map amendment involves consideration of a change of the zoning districts from: B-1 (Neighborhood Business District) to R-2 (Single & Two-Family Residential District). The purpose of the proposed rezone is to accommodate for residential living space.

The applicant would like to convert the facility to a single-family dwelling unit. A single-family dwelling unit is not an allowed use in a B-1 district. R-2 districts are the primary classification of the surrounding area, particularly to the north, south and east. The subject property exceeds all of the minimum bulk use standards of the White County Indiana Zoning Control Ordinance for an R-2 district. In the opinion of the Staff, the current zoning assignment is incompatible with the Comprehensive Plan as well as the intent of the current zoning ordinance which targets B-1 Districts for near downtown areas. The Staff encourages the elimination of B-1 districts when they are located outside an immediate downtown area. Developmental standards for B-1 Districts were created in anticipation that B-1 Districts would be located on parcels limited in size, which does not apply in this circumstance. The Staff believes a B- 1 District assignment for this property is inappropriate and supports this rezone requests.

Director Rogers read the citizen correspondence that was received related to this rezone request. There were no objections received by the Area Plan Staff prior to this hearing. The applicant, Mariana Martinez was in person to represent this request for rezone.

President Anderson asked if there was anyone in the audience that wished to speak to this request. No citizens stepped forward to speak to the rezone requests. President Anderson then asked if any of the Board members has questions related to the rezone request.

There being no questions, ballots were passed out by Makenzie Martin. Board Vice President, Mike Smolek questioned if the lots were originally platted as separate lots and Director Rogers answered that they were indeed and have been combined into a single parcel for quite some time.

With 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; 1 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; 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 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.

SUBDIVISIONS:

  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 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 had 30 days from August 12, 2019 to advise the Staff of the property’s status. The applicant failed to provide the required information by the August 12, 2019 deadline; thus, the plat will not receive Final Approval. As a result, the subdivision plat has no legal standing and is considered by the Staff as null and void.

AMENDMENTS: NONE

VACATIONS:

1) #V-2019-012 LEE – Applicant: Patty Barnhart; Petition to Vacate a portion of the original plat of Oakdale, now known as Lee, in Monon Township which is identified as Lot #’s 19, 21, 23, 24, 25, 26, 27, 28, 29, 31, 33, 35, 36, 37, 38, 39 & 40, a south portion of West Street, a west portion of South Street and a portion of an unidentified alley running north & south parallel to West Street, being unimproved ways as described in the attached survey, Exhibit A, Monon Township, White County, Indiana.

Sallee Denton, Realtor, was in person to represent Patty in the vacation request. Board Member Abbey Gross questioned what the difference was between the survey provided to them at the meeting and the survey provided in their Board packet for review. Director Rogers stated that the survey provided at the meeting reflects establishment of an easement for the portion of Lot 22 north of the alley to be vacated. This land is owned by a Mr. Cox who had expressed a concern about it being landlocked if the vacation was approved. The easement was provided for this purpose and Mr. Cox was satisfied with that solution.

There being no questions, the Board voted unanimously by hand vote to approve the vacation request (see also the Petition Findings of Facts in file).

BUSINESS:

1) Executive Director Replacement Consideration – Director Rogers asked the Board to consider what they would like to see in relation to his replacement. Several options were discussed and the Board decided that Joe Rogers will remain in the position of Area Plan Executive Director until the end of 2020. The Board will reconvene in the fall of 2020 to discuss further.

2) Cargo/Shipping Containers – These types of containers are becoming a more prevalent structure being used in municipalities and residential districts. The Board agreed that this is not a structure type they want to see in these areas and would like Director Rogers to create an Ordinance Amendment restricting this use.

There being no further business, Commission Member, Jim Annis made a motion to adjourn the meeting, with a second from Commission Member, Brad Ward. The meeting adjourned at 6:26 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. X____________________________________________________________________

WHITE COUNTY AREA PLAN COMMISSION

PUBLIC NOTICE OF REGULAR SESSION

September 09, 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 08/12/19 APC Regular Meeting Minutes and Findings of Fact.

REZONINGS:

3) #1114 – Owner: Dibell Acres Inc..; Applicant: DGOGWolcottin050119 LLC; The subject property is approximately 2.049 acres of the parcel identified by: OUT NW; 31-27-5; 118.142; Parcel ID #91-75-31-000-000.200-017 (Tax ID #012-76730-00); Princeton Township; to be known as: 8834 W US HWY 24, Wolcott, IN 47995. 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 development of a retail establishment.

4) #1115 – Owner: Procopio & Mariana Martinez; Applicant: Same; The subject property is identified by: LAKE DRIVE SUB BLK 3 LOTS 9,10,11,12 13,14,15,16; Union Township; Parcel ID #
91-73-28-003-022.600-021 (021-09900-00); 209 Condo St, Monticello, In 47960. The proposed zoning map amendment involves consideration of a change of the zoning districts from: B-1 (Neighborhood Business District) to R-2 (Single & Two-Family Residential District). The purpose of the proposed rezone is to accommodate for residential living space.

SUBDIVISIONS: NONE

AMENDMENTS: NONE

VACATIONS:

2) #V-2019-012 LEE – Applicant: Patty Barnhart; Petition to Vacate a portion of the original plat of Oakdale, now known as Lee, in Monon Township which is identified as Lot #’s 19, 21, 23, 24, 25, 26, 27, 28, 29, 31, 33, 35, 36, 37, 38, 39 & 40, a south portion of West Street, a west portion of South Street and a portion of an unidentified alley running north & south parallel to West Street, being unimproved ways as described in the attached survey, Exhibit A, Monon Township, White County, Indiana.

BUSINESS:

1) Executive Director Replacement Consideration

2) Cargo/Shipping Containers

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

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 #

Vacation #V-2019-012

APPLICANT

Patty Barnhart

IDENTIFICATION

Original plat of Oakdale, now known as Lee

LOCATION

Monon Township

REQUEST(S)

Applicants request to vacate lot #’s 19, 21, 23, 24, 25, 26, 27, 28, 29, 31, 33, 35, 36, 37, 38, 39 & 40, a south portion of West Street, a west portion of South Street and a portion of an unidentified alley running north & south parallel to West Street

PURPOSE

To allow the designated land to be utilized in a more productive fashion

HEARING DATE

September 9, 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) The property is located in an A-1 (General Agriculture District)

2) The property lies in a geographic area primarily dedicated to agricultural uses;

3) The current use of the lots is for agricultural purposes;

4) The only “Lots” abutting that portion of West Street are lots owned by the Petitioner and that such portion of West Street has never been developed into any improved way;

5) The only “Lots” abutting that portion of South Street are lots owned by the Petitioner and that such portion of South Street has never been developed into an improved way;

6) The only individuals, other than the petitioner, owning lots abutting the portion of the unidentified alley are the Petitioner, David L. Cox (Lot 22) and Curtis S. Morris (Lots 30, 32, & 34), both of whom were sent official notice of the petition request;

7) Ownership of the lots requested for vacation is recorded in the office of the White County Recorder under Document No. 78DR01679;

8) The land, lots and unimproved ways is fully described in the survey, dated 08/16/19, submitted as Exhibit A;

9) The location of the land, lots and unimproved ways is further depicted on the GIS maps submitted as Exhibit B, pages 1-3;

10) Proper notice of the amendment request was given by certified mail to adjoining property owners and to all owners of property within the subdivision;

11) The portion of land to be vacated is located within the boundaries of Monon Township, White County, Indiana

12) The proposed vacation would not:

(I) Hinder the growth or orderly development of any contiguous neighborhoods;

(II) Make access to the lands of any person difficult or inconvenient;

(III) Hinder the public access to a church, school o rother public building or place;

(IV) Hinder the use of a public way by the neighborhood in which it is located or contiguous;

13) Petitioner believes there are no city utility lines or public utilities occupying or using all or part of the portion of land proposed to be vacated for the locations and utilization of their respective operations and facilities;

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

15) The Staff received no communications from the general public pertaining to this matter;

16) In attendance at the hearing: Sallee Denton spoke on behalf of the request and answered questions from the Board.

17) The Board open the meeting to comments from the General Public; there being none, a hand vote was taken on the vacation request; vote results were 10 in favor, 0 against; approval granted.

18)

For all the foregoing reasons, at a meeting held September 9, 2019, the Area Plan Commission APPROVED the request to vacate a portion of the land platted as Oakdale, now Lee, as presented in the applicant’s vacation petition and which is further identified by Exhibits A & B of the petition submittal.

Area Plan Commission

Joseph W. Rogers, Executive Director Tina M Tiede, Secretary

White County Area Plan Area Plan Commission