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APC MEETING – October 15, 2019

The White County Area Plan Commission met Tuesday, October 15, 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, Richard Lynn, Doug Pepple, Stacy Selagy, Denny Sterrett & Brad Ward. Absent members were: Ralph Hasser & Mike Smolek.

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 Brad Ward and a second by Board Member Denny Sterrett to approve the meeting minutes of the 09/09/19 APC Regular Meeting & the Lee Findings of Facts. Approved unanimously, so moved.

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REZONES:

1) Contin...#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 this hearing continued 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) #1116 – Owner: Family Express Corporation; Applicant: Same: The subject property is identified by: OP LOT 3 BLK 3 OP LOT 4 BLK 3; Parcel ID #91-54-22-003-022.900-016 (Tax ID #017-24160-00); Prairie Township; also known as: 207 S Prairie St., Brookston, IN 47923. The proposed zoning map amendment involves consideration of a change of the zoning districts from: Split-Zoned B-2 (General Business District) / R-2 (Single & Two-Family Residential District) to a single B-2 (General Business District). The proposed rezone is for development of a regional convenience store.

Christopher Peterson, Administrative Director for Family Express Corporation, was present to represent this rezone request, along with Tim Barnett, District Manager for the Brookston Family Express.

Mr. Peterson presented a zoning map into the record and provided 2 photo exhibits (see file for copy of exhibits) to the audience that depicts the conceptual exterior and interior views of the new convenience store. The applicant, Family Express Corporation, acquired the subject parcel on August 19, 2019 under a subsidiary name of MH Real Estate, LLC. The applicant owns the parcel directly to the south of the subject site, which is also comprised of two lots, and which is the location of their current facilities. The applicant submitted a letter of intent and explained that the future plan would be to demolish the single-family dwelling unit and the existing 30+ year old convenience store to construct an entirely new convenience store with additional amenities such as a “Cravin’s to Order” restaurant. The parcels will be required to be combined in order for the applicant to receive a building permit since the development will cross current property boundary lines. The proposed rezone would bring the site into compliance with the 2008 White County Indiana Control Ordinance, which calls for the elimination of split zoned parcels (Ch 2, Section 2.1, Subsection 2.1.1 D), and allow for consolidation of the parcels into a single tract of ground. The surrounding area consist of residential and commercial zoned properties (R-2, B-2 & B-4 Districts). The applicant states that they intend to build a vegetation barrier to reduce the potential impact to the adjacent landowner; however, any site development will have to comply with the buffering requirements of Chapter 9, Landscaping. In the opinion of the Staff, the targeted rezone site is consistent and compatible with the 2017 White County Comprehensive Plan.

Mr. Peterson stated that the new store will provide for indoor and outdoor seating and also add approximately 7-10 new employees. Commission President Charlie Anderson asked if there would be a commercial grill provided. Tim Barnett, District Manager explained all of the cooking will be done in ovens only.

Several community members including Jack Tatman, Carol Trentlage, Dave Alm, Leland McReynolds and Howard Clark spoke in opposition to the rezone request. Concerns from the community members include traffic, the historic significance of the dwelling, whether diesel was going to be provided, the nature of the sale of the subject parcel, the best use for the parcel and that the town has reached its capacity for gas stations and restaurants. Board Member Doug Pepple asked community member David Alm what he considered to be the best use for this parcel and Mr. Alm stated that he felt the best use is a residence for a family.

Commission President, Charlie Anderson asked if the intention is to run out of the existing tanks or will they be adding additional tanks. Mr. Peterson said they are proposing the addition of one additional fuel canopy. Commission President, Charlie Anderson also questioned if the existing tanks are scheduled to be restored. Mr. Peterson did not have an answer to that question as this time. Council Member Jim Annis questioned why the parcel maintained a split zoning. Director Joe Rogers explained this was a factor of the original base-line zoning for the County.

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. 7 Agree; 2 No Opinion; 0 Disagree; APC Comments: Would bring parcel into compliance.

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; 1 Disagree; APC Comments: None

3. The proposed rezoning is the most desirable use for which the land in the subject property is adapted. 4 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. 7 Agree; 1 No Opinion; 1 Disagree; APC Comments: None

5. The proposed rezoning reflects responsible standard for growth and development. 7 Agree; 1 No Opinion; 1 Disagree; APC Comments: None

President Anderson announced the results as follows:

9 votes cast – 8 in Favor; 1 Opposed; 0 No Recommendation

Rezone request will be certified to the appropriate legislative body with a “Favorable” recommendation.

3) #1117 – Owner: Colleen F Batt; Applicant: Same: The subject property is approximately 17.271 acres of the parcel identified by: SE SE; 22-25-4; 20.54; Parcel ID # 91-54-22-000-000.900-015 (Tax ID #011-33240-00); Prairie Township; also known as: Off 100 E, Brookston, IN 47923. The proposed zoning map amendment involves consideration of a change of the zoning districts from R-2 (Single & Two-Family Residential) to RR (Rural Residential). The proposed rezone is to allow for a residential dwelling and livestock.

Colleen Batt was present to represent this rezone request. The applicant intends to rezone the parcel, then create two parcels out of the 17.271 acres, with one being a 10-acre parent parcel. The RR designation would allow any future owner to build a dwelling and have livestock on site. Colleen submitted 8 letters of support from surrounding property owners into the record.

The RR Zoning District is intended to make accommodation for a variety of less intensive agricultural uses as well as some very low-density, single-family residential subdivisions. The targeted area is designated as Rural Residential on the 2017 White County Comprehensive Plan Future Land Use map. This is described as an area that will allow both continued farming and some residential development.

Community members Randy Jeffries and Charles Roth both had concerns about the parcel being allowed to have livestock for such reasons as the odor. Randy Jeffries submitted 2 letters of opposition to the rezone request into the record. The opposition to the rezone is only for the proposed 7.271- acre parcel. Area Plan Executive Director, Joe Rogers, explained that the subject parcel already has grandfathered agricultural rights. This includes agricultural operations that allow for livestock. The parcel will retain these rights until agricultural operations have ceased on the parcel for at least three full years. Rezoning the parcel will only bring it into compliance with its intended use and the intent of the RR District assignment.

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; 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. 9 Agree; 0 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.

4) #1118 – Owner: Gregory R & Paula B Westerhouse; Applicant: Same; The subject property is approximately 7 identified by: PT W NW 19-28-2; 3.165 & NW 19-28-2 161.035; Parcel ID #91-82-19-000-000.101-003 (Tax ID #002-07520-01); Cass Township; also known as: 7773 N 900 E, Monticello, IN 47960. 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 development of a confined feeding operation.

If approved, the site would be subject to the developmental standards for an A-2 district as provided for in Chapter 2, Section 2.5, Subsection 2.5.2. Developmental standards are as follows:

Section 2.5.2 B Setbacks

1) Structures used in confined feeding operations . . . shall have a setback of one thousand three hundred twenty feet from any other non-agricultural district, residence or business – Satisfied (See Exhibit C). A waiver to the closest residence, the only questionable setback target, was received qualifying the subject site to this standard.

2) The District cannot be located closer than 1 mile of any incorporated municipality or the unincorporated boundary lines of Buffalo – Satisfied (See Exhibit D);

3) The District cannot be located within one and one-half miles from a lake or river shoreline boundary – Satisfied (See Exhibit E)

4) The District cannot be located within one thousand seven hundred sixty feet (1760’) from a boundary line of any qualifying subdivision – Satisfied (See Exhibit F)

Dan Kinker was present to represent this rezone request. Executive Director, Joe Rogers, made the Board aware that there have been Written Commitments provided with this request (see Exhibit A) which requires that the parcel be subdivided within 90 days of rezone approval. This rezone will only apply to the 6.707 acres as per the Commitment dated 09/26/2019. The Commission must take an official action to accept the Commitment as written, to modify the Commitment or to reject the Commitment.

The site plan shows a 35’ setback from the north property line which does not meet current IDEM standards of 100 feet to any property line. The applicant applied and has received an IDEM variance from the 100’ setback standard.

Exhibit C reflects a separation distance of, at least, 1,374 feet between the closest residence, owned by the applicant, and the structures of the proposed development as measured off the County’s GIS (see qualifying notes above). There are no non-agricultural districts or business closer than the mapped residence. The separation requirement is a minimum of 1,320 feet. The applicant has submitted a waiver for the minimum distance requirement

Exhibit D shows the subject site is approximately 2.83 miles from the Buffalo town limit as delineated on the County’s official zoning map.

Exhibit E shows no qualifying lake or river shoreline boundary within the required separation requirement of 1.5 miles.

Exhibit F shows no qualifying subdivisions within the restricted area of 1,760 feet.

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.

Commission member, Abbey Gross, made a motion to accept the Written Commitment as written, with a second from Jim Annis. All in favor by a show of hands, motion carries.

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; 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 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: NONE

AMENDMENTS: NONE

PERMIT APPROVALS:

1) #2095 – AT&T Mobility – New Wireless Cell Tower; PT NW 15-27-3; 27.245;
#91-73-15-000-002.000-020 (014-30640-00); Union Township; 2694 N St Rd 39, Monticello, In 47960. ILP Application for construction of a new wireless communication tower and support facility.

Matt Price was in person to represent the request for the new cell tower. Mr. Price explained the function of the tower, to facilitate Emergency Services communications and elaborated on the location choice. Council member Doug Pepple asked if there are other places in the county identified for future coverage. Matt Price anticipated coming back before the Board within the upcoming months with applications for additional locations.

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

President Anderson announced the results as follows:

9 votes cast – 9 to Approve; 0 to Deny; 0 Undecided; No Comments

BUSINESS:

1) Comprehensive Plan Implementation Committee – Meeting minutes from the September 20, 2019 will be emailed to the Board Members for review, along with each additional month.

2) 2020 Meeting Schedule-The Board was provided a copy of the 2020 Meeting Date schedule for the Area Plan Commission. The Board approved the submitted schedule unanimously.

There being no further business, Commission Member, Abbey Gross made a motion to adjourn the meeting, with a second from Commission Member, Doug Pepple. The meeting adjourned at 7:08 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

October 15, 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 09/09/19 APC Regular Meeting Minutes and Lee Findings of Fact.

REZONINGS:

5) Continued...#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.

6) #1116 – Owner: Family Express Corporation; Applicant: Same; The subject property is identified by: OP LOT 3 BLK 3 OP LOT 4 BLK 3; Parcel ID #91-54-22-003-022.900-016 (Tax ID #017-24160-00); Prairie Township; also known as: 207 S Prairie St., Brookston, IN 47923. The proposed zoning map amendment involves consideration of a change of the zoning districts from: Split-Zoned B-2 (General Business District) / R-2 (Single & Two-Family Residential District) to a single B-2 (General Business District). The proposed rezone is for development of a regional convenience store.

7) #1117 – Owner: Colleen F Batt; Applicant: Same; The subject property is approximately 17.271 acres of the parcel identified by: SE SE; 22-25-4; 20.54; Parcel ID # 91-54-22-000-000.900-015 (Tax ID #011-33240-00); Prairie Township; also known as: Off 100 E, Brookston, IN 47923. The proposed zoning map amendment involves consideration of a change of the zoning districts from: R-2 (Single & Two-Family Residential District) to RR (Rural Residential District). The proposed rezone is to allow for a residential dwelling and livestock.

8) #1118 – Owner: Gregory R & Paula B Westerhouse; Applicant: Same; The subject property is approximately 7 identified by: PT W NW 19-28-2; 3.165 & NW 19-28-2 161.035; Parcel ID #91-82-19-000-000.101-003 (Tax ID #002-07520-01); Cass Township; also known as: 7773 N 900 E, Monticello, IN 47960. 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 development of a confined feeding operation.

SUBDIVISIONS: NONE

PERMIT APPROVALS:

2) #2095 – AT&T Mobility – New Wireless Cell Tower; PT NW 15-27-3; 27.245;
#91-73-15-000-002.000-020 (014-30640-00); Union Township; 2694 N St Rd 39, Monticello, In 47960. ILP Application for construction of a new wireless communication tower and support facility.

AMENDMENTS: NONE

BUSINESS:

3) Comprehensive Plan Implementation Committee – Review meeting minutes from the September 20, 2019

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