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APC MEETING – November 12, 2019

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

Planning Department Representatives: Joseph W. 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 Doug Pepple and a second by Board Member Brad Ward to approve the meeting minutes of the 10/15/19 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 Staff found no history of rezones or variances for this parcel. The applicant requested a rezone of approximately 2.049 acres of ground within the parent tract of land which consists of 118.142 acres. The tract subject to the rezone request measures approximately 255 X 350 feet and abuts US HWY 24.

The site sits in near proximity, but outside the town limits of Wolcott. (See site summary drawing). It is the suggestion of the Staff that the rezone be conditioned upon proper execution of an administrative subdivision for the tract of ground intended for rezone. The Staff believes a 60-day period for completing the administrative subdivision is appropriate and should be incorporated into the suggested condition. The current zoning ordinance does not allow for split zoned parcels. This should come in a formal action taken by the Board prior to executing ballots for the rezone petition.

The Staff does have concerns with the proximity of the subject site to the large curve on US Hwy 24 which sits to the west as well as does the intersection of Division Road with US Hwy 24. Plus, the driveway for the Industrial Facility to the north also enters US Hwy 24 near this curve and intersection point. The Staff believes the Board should explore the driveway access plans of the applicant and, if necessary, add a restriction as to where the safest location for the driveway access point should be.

In the opinion of the Staff, this request is typical of several recent requests pertaining to Dollar General Store locations. The Staff sees no significant conflict with this request and the comprehensive plan. Although, within the Comprehensive Plan, on the Wolcott planning map, this area was targeted to remain agricultural. The Staff sees this exception as warranted and as only a minor deviation from the maps mentioned.

Mike McCarthy, Farnsworth Group, was present to represent this rezone request and to answer any questions about the request.

President Anderson asked Mr. McCarthy if he had any objections to the subdivision condition suggested by the Staff. He said he had none. President Anderson asked by show of hands for the Board to approve said condition and the board approved attaching the subdivision condition to the rezone request. (See Exhibit A)

President Anderson asked Mr. McCarthy if he had any objections to the driveway location restriction suggested by the Staff. He said he had none. President Anderson asked by show of hands for the Board to approve said condition and the board approved attaching the driveway location restriction to the rezone request. (See Exhibit B)

Board Member, Abbey Gross asked if the utilities have been secured with the town. Director Rogers stated that Dollar General has reached an agreement with the Town of Wolcott for the town to provide water and sewer to the site and that this agreement was signed on October 17, 2019.

Director Joe Rogers read into the record that the office received one call relative to the rezone request from Anna Humphrey (see file).

Janelle Hoffstetter asked if she could see a copy of the site plan and where the driveway is proposed. Mr. McCarthy showed Janelle Hoffstetter a copy of the site plan and Director Rogers informed her that she may call the office to get a copy as well. Janelle Hoffstetter had no additional questions or comments.

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; 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. 6 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. 6 Agree; 1 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 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

2) #1119 – Owner: Sean Garrett; Applicant: Same; The subject property is identified by: NE NE; 19-28-04; 3.978; Parcel ID #91-84-19-000-001.600-013 (Tax ID #010-33430-00); Monon Township; also known as: 7972 N 200 W Monon, In 47959. The proposed zoning map amendment involves consideration of a change of the zoning districts from: R-2 (Single & Two-Family Residential District) to an RR (Rural Residential District). The proposed rezone is to provide an allowance for livestock in conjunction with an existing single-family residence. This would bring the property into compliance with its current use.

The subject site was rezoned from A-1 to R-2 in 2001 (File #758) by a previous owner who intended to subdivide the property. At the time of application, the owner did not submit any additional information for the request but it appears that the intention of the split would have been to allow placement of at least one additional residence on the parcel. The Staff did not find any records to reflect that the subdivision process was pursued by the owner. The Staff received an application on October 16, 2019 for a 16’ X 24’ shed to store pig feed and livestock supplies. During processing, the Staff brought to the owner’s attention that the parcel is zoned R-2 and that restricts non-domestic animals. Mr. Garrett then applied for this rezone on October 18th to rectify the situation.

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 Agricultural on the 2017 White County Comprehensive Plan Future Land Use Map. In the Staff’s opinion, based on the location of the property (outside a municipality or platted subdivision), a size of 3.978 acres, and a use as a single-family residence and home to non-domestic animals, the most fitting district assignment for this property is RR.

Sean Garrett was present to represent this rezone request. Director Rogers stated that the office received no public communications related to this rezone request. Board President, Charlie Anderson asked what kind of livestock Mr. Garrett wants to have on the property. Sean Garrett stated that his kids have 4H animals consisting of pigs and cows. Board President, Charlie Anderson questioned how many acres the parcel consisted of and Mr. Garret stated 3.97 acres. Board Member, Doug Pepple asked for clarification of the zoning surrounding the parcel. Director Rogers stated that the parcel is surrounded by A-1 (General Agriculture) zoning and that the subject parcel was originally zoned A-1 (General Agriculture). There is also some industrial zoning directly to the north. Board President, Charlie Anderson asked if this was in the town of Monon. Director Rogers and Sean Garrett stated that the parcel is 2 miles outside of the town.

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. 8 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. 8 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. 8 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; 0 No Opinion; 0 Disagree; APC Comments: None

5. The proposed rezoning reflects responsible standard for growth and development. 8 Agree; 0 No Opinion; 0 Disagree; APC Comments: None

President Anderson announced the results as follows:

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

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

3) #1120 – Owner: Pala Joseph A Sr & Nancy Richey; Applicant: Kevin Watson; The subject property is identified by: PT SE 10-28-03; .793; Parcel ID #91-83-10-000-001.000-010 (Tax ID #
007-01190-00); Liberty Township; also known as: 9127 N 650 E, Monticello, In 47925. The proposed zoning map amendment involves consideration of a change of the zoning districts from: B-2 (General Business District) to an R-1 (Single-Family Residential District). The proposed rezone is to accommodate a single-family dwelling.

The staff found no previous rezone or variances for this parcel. The purchase of the parcel by the applicant, Kevin Watson, is contingent on the rezone. The parcel is located in the flood fringe and floodplain requirements must be met for future development. A component of the Comprehensive Plan was the development of Land Use Maps for each of the municipalities and the County as a whole. No land use maps were developed for Buffalo, Idaville, Lee or other unincorporated communities within White County. The County map is broad brushed without provisions for small area designations. Therefore, the Commission should consider the general purpose of the Comprehensive Plan which is to accommodate and promote housing developments near areas of already concentrated residential use. The Staff believes this site satisfies that objective.

The subject site abuts a significant general business district to the north; however, this site is used for single family residential purposes so this rezone would not create any type of incompatibility between the subject site and the abutting property to the north. Across the road to the west is another general business district; however, the business activities at this site have been discontinued for quite some time. Any future business activities would require significant upgrades to that facility and site. In the staff’s opinion, there is adequate separation between this business site and the subject property so that the requested rezone would create any type of uncomfortable incompatibility between these two sites. In balance, the rest of the surrounding uses are residential in nature.

Kevin Watson was present to represent this rezone request. Mr. Watson would like to purchase the property to provide for a single-family dwelling, contingent on the approval of the rezone request. Director Rogers read the two public communications, from Walt Hough and Bonnie Harmon of 701 Prairie Corp., that the office received related to this rezone request (see file). Neither were opposed to the request to rezone.

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. 8 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. 8 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. 8 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; 0 No Opinion; 0 Disagree; APC Comments: None

5. The proposed rezoning reflects responsible standard for growth and development. 8 Agree; 0 No Opinion; 0 Disagree; APC Comments: None

President Anderson announced the results as follows:

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

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

4) #1121 – Owner: Linda Snyder; Applicant: Same; The subject property is identified by:
HOLTAMS ADD LOT 19; Parcel ID #91-74-34-000-004.900-007 (Tax ID #022-70600-00); Honey Creek Township; also known as: 711 E 2ND St, Reynolds, In 47980. The proposed zoning map amendment involves consideration of a change of the zoning districts from: B-2 (General Business District) to an R-2 (Single & Two-Family Residential District). The proposed rezone is to accommodate a manufactured home.

The staff did not locate any previous rezones or variances for this parcel. The owner, Linda Snyder, acquired Lots 17, 18, and 19 on January 10, 2018. Ms. Snyder recently inquired about placement of a manufactured home on Lot 19. Ms. Snyder was informed by the Staff that the parcel would need to be rezoned to accommodate any type of residential housing. The Executive Director suggested at the time of application that she apply to rezone Lot 18 along with 19 to avoid locating a residential district between two business districts. This would require an additional rezone fee for Lot 18. Due to financial reasons, Ms. Snyder said that would not be feasible at this time.

A component of the Comprehensive Plan was the development of Land Use Maps for each municipality. The Reynold’s map designated this area for Institutional/Civic/Airport use which would include government buildings. The Staff believes this entire area was designated this way due to the uncertainty of the future location of the County Highway Department Garage. With that location now established, the Staff believes the use of the area is now open to reconsideration. In the opinion of the Staff, the proposed R-2 would be consistent with the surrounding use other than being sandwiched between two B-2 districts. However, the Staff feels it’s important to consider that the B-2 district to the west is also used for residential use so this rezone does not conflict with the actual use of the parcel to the west.

The B-2 zoning district was the baseline zoning established under the 1972 White County Zoning Ordinance. This appears to be consistent with the surrounding use of the land to the north, the current county highway garage location, and east, the Reynolds Post Office. In the opinion of the Staff, this would have been a contributing factor in determining the zoning in the area. It should be noted that the B-2 zoning assignment and the residential use were not considered incompatible under the original zoning ordinance which allowed residences in General Business Districts. In the Staff’s opinion this request is simply a matter of bringing the site into compliance with its actual and recent historical use.

Director Joe Rogers read into the record the communications from Lance Ezra and Melissa Lowry that opposed the rezone request (see file). Director Rogers did comment that the references in the opposition communications that related a manufactured home are not a basis for denial. The State does not allow prohibiting manufactured or modular homes in any residential district where stick-built homes are allowed. In consideration of the rezone request, those comments must be put aside.

Linda Snyder was present to represent this rezone request. Board Member Abbey Gross asked if the parking issue will be addressed when they apply for a permit for a home. Director Rogers affirmed that the parking is reviewed when they submit a site plan for construction and the required parking must be met at that time. Board Member Denny Sterrett asked how big the lot is and Linda Snyder stated the parcel measures 50’ x 100’. Linda also owns the 2 parcels directly to the West of the subject parcel. Board Member Brad Ward asked if there are any concerns about Lot 18 remaining a B-2 (General Business) zoned parcel. Director Rogers explained that it would be more concerning if the request was to go from residential to business because that would be more disruptive. Board Member Brad Ward questioned if the parcel is currently being used as residential. Linda Snyder stated that the parcel has only a garage and is currently being used for residential parking and that originally the parcels were zoned B-2 (General Business) by her grandfather who operated a dry gas delivery business and a bicycle repair shop from there.

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; 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. 8 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. 8 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; 0 No Opinion; 0 Disagree; APC Comments: None

5. The proposed rezoning reflects responsible standard for growth and development. 8 Agree; 0 No Opinion; 0 Disagree; APC Comments: None

President Anderson announced the results as follows:

8 votes cast – 8 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

BUSINESS:

1) Transition Zoning District – Director Joe Rogers asked the Board if there was any interest in a proposal for a new Business District that would be restricted to commercial uses that are more conducive and compatible with residential districts. This district would allow for commercial activity such as a barber/beauty shop but restrict larger commercial activity such a regional convenience store. This would be a commercial district that is not disruptive to nearby residential districts. The Board agreed by show of hands that it would be beneficial for Director Rogers to create a conceptual proposal of what this district would look like and present it to the Board for review.

2) Abbey Gross – Board Member Abbey Gross requested that the Board schedule an Executive Session in which the office staff would be asked to discuss how things are going in the office. Abbey feels it is important to set a precedence that, moving forward, the Board has a system in place for an annual review. After some discussion, it was decided, by show of hands, to hold an Executive Session for an annual office review immediately after the regular January APC meeting. Each office staff member will be asked to attend this session.

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 6:35 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

November 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 10/15/19 APC Regular Meeting Minutes.

REZONINGS:

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 a B-2 (General Business District). The proposed rezone is for development of a retail establishment.

2) #1119 – Owner: Sean Garrett; Applicant: Same; The subject property is identified by: NE NE; 19-28-04; 3.978; Parcel ID #91-84-19-000-001.600-013 (Tax ID #010-33430-00); Monon Township; also known as: 7972 N 200 W Monon, In 47959. The proposed zoning map amendment involves consideration of a change of the zoning districts from: R-2 (Single & Two-Family Residential District) to an RR (Rural Residential District). The proposed rezone is to accommodate a single-family dwelling and livestock.

3) #1120 – Owner: Pala Joseph A Sr & Nancy Richey; Applicant: Kevin Watson; The subject property is identified by: PT SE 10-28-03; .793; Parcel ID #91-83-10-000-001.000-010 (Tax ID #
007-01190-00); Liberty Township; also known as: 9127 N 650 E, Monticello, In 47925. The proposed zoning map amendment involves consideration of a change of the zoning districts from: B-2 (General Business District) to an R-1 (Single-Family Residential District). The proposed rezone is to accommodate a single-family dwelling.

4) #1121 – Owner: Linda Snyder; Applicant: Same; The subject property is identified by:
HOLTAMS ADD LOT 19; Parcel ID #91-74-34-000-004.900-007 (Tax ID #022-70600-00); Honey Creek Township; also known as: 711 E 2ND St, Reynolds, In 47980. The proposed zoning map amendment involves consideration of a change of the zoning districts from: B-2 (General Business District) to an R-2 (Single & Two-Family Residential District). The proposed rezone is to accommodate a manufactured home.

SUBDIVISIONS: None

AMENDMENTS: None

BUSINESS:

  1. Transition Zoning District

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