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The White County Area Plan Commission met Monday, January 10, 2005, at 7:30 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

Members attending were: Jay Clawson, Gary Barbour, David Rosenbarger, Charles Anderson, David Scott, Charles Mellon, Don Ward, and Dennis Sterrett. Also attending were Attorney Altman and Director Weaver.

Visitors Attending were: Edwin D. Augenstine, Carri Angenstine, Donald Burrell, Terry Beasy, Bill Miller, Kathy Hayden, Doug Zipfer, Bill Smith, Colleen Vigus, Dwight Vigus, Ruth Ann McClintock, Thom McClintock, Lisa Searcy, Travis Searcy, Susan Timko, Joe Timko, George Crosby, Mary Crosby, Thomas Taylor, David M. Uttermohlen, Patricio Lopez, Marisela Lopez, Abby Lietz, Bill Dibell, Perry Powers, John Heimlich, Bill Andre and Jerry Mill???

The meeting was called to order by President Charles Anderson and roll call was taken. Jay Clawson made a motion to dispense with reading and approve the minutes of the December 13, 2004 meeting. Motion was seconded by Dennis Sterrett and carried unanimously.

President Charles Anderson stated, the next thing on the agenda is reorganization. We need a President, Secretary, Director, and an Attorney. I think we will start with the President. Do we have any nominations from the board for President?

Jay Clawson asked, do you want to be re-nominated?

President Charles Anderson stated, if you want to nominate me fine, I don’t care.

Jay Clawson stated, I nominate Charlie for President.

Charles Mellon stated, I will second it.

President Charles Anderson asked, okay do you want to keep going down through here or.

Charles Mellon stated, let's do it all at once.

President Charles Anderson stated, okay, we need a vice President.

Don Ward stated, I nominate Jay Clawson as Vice President.

Dennis Sterrett stated, I will second it.

President Charles Anderson stated, okay we need a secretary.

Jay Clawson stated, I will nominate Don Ward as the secretary.

President Charles Anderson stated, okay we have slate here, all in favor raise your hands. With the 7 board members here it is a unanimous vote. Okay so moved. We need a director.

David Rosenbarger stated, I nominate Diann Weaver.

President Charles Anderson stated, okay all in favor raise your hands. Okay that is taken care of, now we need an attorney. Vote was 7 to 0.

Don Ward stated, I nominate Jerry Altman as the attorney.

Gary Barbour stated, I will second it.

President Charles Anderson stated, okay moved and second all in favor raise your hands.

****

#866 Edwin D. & Carri L. Augenstine; The property is located on 0.034 of an acre, more or less, North of Buffalo between 6670 E. Palmers Drive and 6682 E. Palmers Drive. Tabled from the December 13, 2004 meeting.

Violation: None.

Request: They are requesting to rezone from R-3 to B-1.

President Charles Anderson asked, do we have anyone representing this request? Do any of the Commissioners have any questions?

Several talking at once.

President Charles Anderson asked, what is everything around it zoned.

Director Weaver stated, Residential.

President Charles Anderson asked, do you want to say anything on why you want to change the zoning?

Ed Augenstine stated, I’m Ed Augenstine and we are planning on a future art studio.

President Charles Anderson stated, so right now you are not thinking about anything.

Ed Augenstine stated, no, there is no building there, I’m in the process.

Director Weaver stated, they do have a building permit for a building. They’ve got the foundation in and that is all the farther it has gone.

President Charles Anderson stated, in an art studio, I don’t understand what all would be going on.

Ed Augenstine stated, I might have a couple people doing, or selling art work to clients. It would be one or two people at a time. It is not a large traffic type of business.

President Charles Anderson asked, does anyone in audience have any questions about this request?

David Rosenbarger asked, what is the lot size Diann?

Director Weaver stated, you’ve got a survey there. The property that he has filed to rezone, really is no room for parking. His home is next door.

Dennis Sterrett stated, so the proposed garage or the proposed art studio.

President Charles Anderson stated, so the house next door would be the one on that is all the way in the lot. These are all individual lots.

Director Weaver stated, yes.

Attorney Altman stated, I guess the thing that troubles me about the survey is your proposed garage goes into the lot where your home is. Is that part of the rezoning?

Ed Augenstine stated, yes, not the hole, just the section that the actually building sets on.

David Rosenbarger asked, where would off street parking be?

Ed Augenstine stated, across the front of the house.

President Charles Anderson stated, so actually you would have to add that in to the business.

Attorney Altman stated, yes, I think so, he is going to have part of that structure on the lot where his house is. It has to be the same zoning as the rest of it.

Director Weaver stated, let me clear some things up. The legal description that we are rezoning does include all of the building, but this survey was taken for a variance that he had done before he started the building. WE thought it would be helpful if the board had it to look at it. That is not the legal description that he is requesting to rezone.

President Charles Anderson stated, but there is on there room for parking along with the building.

Director Weaver stated, no.

Jay Clawson stated, the building has to be ADA for the new building and the new rezone, it would all have to come under ADA compliance, plus he has to have a state release on the building being ask for a business building.

Director Weaver stated, I believe him and I have discussed the state plans that he would have to go through the State for approval.

Ed Augestine stated, yes.

Director Weaver stated, he and I had discussed this when he filed.

Attorney Altman stated, so the description for rezoning includes all of the proposed building and the real estate under it.

Director Weaver stated, yes.

President Charles Anderson stated, which is .03 of an acres, which is really small. Do the Commissioners have any questions about this request.

Jay Clawson stated, spot zoning as we can get.

President Charles Anderson stated, it is all residential around it.

Jay Clawson stated, exactly.

Charles Mellon stated, you mentioned something about parking. Do you have ample parking for that. Did he say something about parking across the street.

President Charles Anderson stated, no parking in front of the house. Which is the lot next to this.

Charles Mellon stated, that is a pretty narrow road there.

David Rosenbarger asked, are those two separate lots?

Director Weaver stated, no, he purchased the .03 from a neighbor adjoining him and has attached it to the home, so it is on one tax bill. He is only wanting to rezone part of it.

President Charles Anderson stated, we really rezoning it for something that we don’t know if it is going to be there and a residential area. Without the parking I don’t think we can do this. What does the lawyer have to say?

Attorney Altman stated, I think he needs parking.

Don Ward asked, what is the concrete slab? Is that the foundation and the floor?

Director Weaver stated, that is the foundation.

Attorney Altman stated, parking is apart of the business.

Don Ward asked, what is the width of Palmer Drive?

President Charles Anderson stated, there really isn’t any place to park.

Ed Augestine stated, well isn’t the first 15’ access or public land any way.

President Charles Anderson stated, that is a county, does any one know who maintains that road.

Director Weaver asked, who maintains the road?

Ed Augestine stated, the county does.

President Charles Anderson stated, so at the time some of these areas were built didn’t have the 50’ access and the county just adopted it. Do you want us to vote on this or do you want to do something about the parking or.

Ed Augenstine asked, what would I have to do to get or for the parking. I’m not clear on what you are looking for.

President Charles Anderson stated, you would have to get with Diann and discuss how much area you need for parking.

Ed Augenstine stated, the business are they, or is the land in front of the business zoned, I guess I don’t understand what the parking has to be.

President Charles Anderson stated, you have to have some place for people to park, if you are going to have a business.

Ed Augenstine stated, I’ve got the same place to park no matter what, so why, I’ve got room for 5 vehicles.

President Charles Anderson stated, on your property that needs to be apart of the business.

Ed Augenstine stated, it has to be a part of the business, I guess I don’t understand that.

Director Weaver stated, a retail business requires 1 parking space per 100’ of building space.

Ed Augenstine stated, what is that.

Director Weaver stated, retail business requires one parking space for every 100’ of business space.

President Charles Anderson asked, how many square feet are you planning on building?

Ed Augenstine stated it is 16’x 58’.

President Charles Anderson stated, so it would be 580, plus.

Don Ward stated, he would need 8 spots.

Ed Augenstine stated, well there is no way I can do that.

President Charles Anderson stated, well you can either withdraw this or you can have us go ahead and vote on it or.

Ed Augenstine stated, I guess I will withdraw it.

****

#868 Donald Burrell; The property is located on Part SE ¼ of the NE ¼ of Section 25, Township 27 North, Range 6 West, being 118’ x 22’, 66’ x 24’, 118’ x 26’, and 118’ x 18’, all located in the Town of Wolcott at 110 & 112 S. Range Street.

Violation: None

Request: He is requesting to rezone from I-1 to B-2.

President Charles Anderson stated, do we have anyone here representing this request?

Don Burrell stated, I’m Don Burrell.

President Charles Anderson asked, do any of the Commissioners have any questions?

Don Ward asked, is part of the building on the railroad right-of-way?

Don Burrell stated, no.

Don Ward asked, no, you own the building.

Don Burrell stated, yes.

President Charles Anderson asked, is there any other questions for Mr. Burrell? Do you have any reasons why you want to rezone.

Don Burrell stated, this was an incorrect zoning when the zoning board went through. This building has been commercial ever since.

President Charles Anderson stated, so you are trying to bring this into compliance is what you are doing.

Don Burrell stated, bring it into compliance. Diann said she wouldn’t close me down since it has been running that long. I haven’t been running that long, but it has been in the family since 1970’s something.

President Charles Anderson stated, but you want to sell it or anything.

Don Burrell stated, we have had an offer on it, but we are planning on going into business.

Director Weaver stated, what brought this us was he came into and needed a letter from me stating that the property was properly zoned for what he was wanting to do for retail purposes. I could not give him that letter because he is zoned Industrial.

President Charles Anderson asked, does anyone in the audience have any questions?

Without further discussion the board voted.

The results of the vote were as follows: 8 affirmative and 0 negative. This will be presented to the Town of Wolcott for their action.

****

#869 Patricio Lopez, Owner; Thomas Taylor, Applicant; The property is located on Part of Lot 3 in J.C. Reynolds 4th Addition, in the City of Monticello at 721 N. Main Street.

Violation: Running an astrology business without being properly zoned.

Request: They are requesting to rezone from R-3 to B-1.

President Charles Anderson asked, was there a fine imposed on this?

Director Weaver stated, yes, I sent them a letter imposing the $500 fine.

President Charles Anderson asked, do we have anyone here representing this request?

Thomas Taylor stated, I’m Thomas Taylor. This is my landlord Patricio. I took it for granted, it was my fault, I took it for granted that the property was in was zoned for a business. Next door is a nail shop and across the street is a gas station. Then we got this letter and I just recently applied for the rezoning.

President Charles Anderson asked, once you sent the letter out did they respond rapidly.

Director Weaver stated, yes, they came in within a couple of days I believe.

President Charles Anderson asked, do the Commissioners have any questions on the violation? How was it reported to us?

Director Weaver stated, the way it was noticed was that they put two signs up on the property. I had noticed the signs and before I got a letter out I got a call about the signs also. We were notified by an opposer.

Jay Clawson stated, I make a motion to remove the fine.

Don Ward stated, I will second it.

President Charles Anderson stated, all in favor raise your right hand. The fine was removed 8 to 0.

Now the request if for a R-3 to a B-1.

Director Weaver stated, there is business zoning behind him which is the Welfare department and business zoning to the North of him and to the South.

Jay Clawson stated, this is the same situation that the guy in Buffalo just had, that there is no parking on Main Street. Where are they planning on parking on this property? You need how many parking spaces. They share a driveway with the neighbor.

President Charles Anderson stated, do you want to respond to that.

Thomas Taylor stated, my response is just what the gentleman just said. My wife gets maybe one or two customers a day, she is doing very well, it is just something for her entertainment. It is not retail, we have people constantly walking in and out. One person or 3 or 4 week that they do that.

Don Ward stated, once we rezone to a B-1 it can become anything in a B-1 zoning.

Thomas Taylor stated, I understand as long as I’m there this is what it will be, nothing else.

President Charles Anderson stated, we understand that, but once we rezone if you sell that property that property can go to anything in Business in that area. You don’t own the property.

Is there anyone in the audience that has any questions about this request?

Jay Clawson asked, who lives here.

Director Weaver stated, Mr. Taylor lives on this property.

President Charles Anderson asked, does anyone else have any questions?

Without further discussion the board voted.

The results of the vote were as follows: 0 affirmative and 8 negative. This will be presented to the City of Monticello for their action.

****

#870 Farmers State Bank of Brookston, Owner; Zimpfer Development Corporation, Applicant; The property is located 88’ off of the East end of Lot Number 8 in Hay’s Addition, in the Town of Brookston at 300 W. 4th Street.

Violation: None

Request: They are requesting to rezone from R-2 to B-2.

President Charles Anderson asked, do we have anyone here representing this request?

Doug Zimpfer stated, I’m Doug Zimpfer, I would like to the owner, but I’m not.

President Charles Anderson asked, do any of the Commissioners have any questions?

Don Ward asked, this is to be a parking lot for the bank?

Doug Zimpfer stated, part of it has been for parking lot, the bank is getting ready to celebrate their 100 year anniversary.

President Charles Anderson asked, does anyone in the audience have any questions about this request?

Bill Miller stated, I’m Bill Miller and my property is directly attached to this lot on the West side. I do want to state that the Farmers State Bank is a very good neighbor. They keep their property very orderly and I’m glad to have them as a neighbor, I have been there for 20 years. My concern is what happens if Farmer State Bank sells the property. This lot could become almost anything. My question is I’m not opposing what they want to do. A parking lot I have no problem with that. My questions is and I don’t understand all of the rules and guide lines is there a way or a stipulation that we can put into this that if this property sells that it can go back to Residential. If may not happen, but that is the request I’m asking and I don’t know what the answer is to that. I’m not going on record as to opposing what they are doing.

President Charles Anderson stated, do you want to respond to that.

Doug Zimpfer stated, it would be hard to look into the future to see what the property could be in 15 years from now. I understand what Mr. Miller is saying. I don’t believe the area there is enough business in the area that totally surround that. I don’t think the bank would object if it was stipulated to be parking only. I don’t know if that can be done.

President Charles Anderson stated, that could be put in there.

Attorney Altman stated, yes you can enter into a commitment that essentially says that this would be a part of the thing.

President Charles Anderson stated, or even if you wanted to say expansion, but I don’t know.

Attorney Altman stated, that would be a park of the banks use.

President Charles Anderson stated, yes, and would you object to that.

Bill Miller stated, no, my question is what if it sells, say they decided to go South of Town and put up a new.

President Charles Anderson stated, the only problem with expanding it, if you sold it as something else and then they could get into trouble that way.

Doug Zimpfer stated, the size of the business and Mrs. Weaver looked into this quite carefully. We are going to be required to have an additional 15 parking spaces which those are going to used on that gravel lot.

President Charles Anderson asked, is that all it will be used for. Would it bother you at all to put that in or not have it in?

Doug Zimpfer stated, I don’t believe I would want to limit the bank to what they might want to do as far as storage or something. The request is also.

Bill Miller stated, that is no problem.

Jay Clawson stated, I hate to interrupt, but if that do to get their requirements for parking then they wouldn’t be able to expand. That would take that building out of compliance if they were to do anything else. They would have to come back before this board and get a variance before they could be a permit. That way you are protected that way by due process. You would have to be notified before anything could be done. They would have to get a variance anytime in the future to.

President Charles Anderson stated, they would have to get a variance before anything else went inthere.

Bill Miller asked, is that true if that property sells that would be the same thing. There would have to be a hearing.

Jay Clawson stated, right with the remodeling our requirements says it has to be that many parking spaces. If they were to change and take away those parking spaces they would have to get a variance. Then you would have to be notified to come before this board.

Bill Miller stated, that would be fine.

David Rosenbarger asked, is that going to be blacked topped?

Doug Zimpger stated, no, not at this time.

David Rosenbarger stated, going in Brookston it has to be.

Doug Zimpfer stated, you could be right, I’m not aware of that. We have not been informed that it needs to be.

Jay Clawson stated, that will go through your town board.

David Rosenbarger stated, right, is it pretty much the same size or bigger?

Doug Zimpfer stated, the same size.

President Charles Anderson asked, is there anymore questions on this?

Without further discussion the board voted.

The results of the vote were as follows: 8 affirmative and 0 negative. This will be presented to the Town of Brookston for their action.

****

#871 Sandra Whitewing, Owner; Uttermohlen Properties, LLC, Applicant; The property is located on the West ½ of the North ½ of Lot 14 in James C. Reynold’s Fourth Addition, in the City of Monticello at 215 S. Beach Drive.

Violation: None

Request: They are requesting to rezone from R-2 to R-3.

President Charles Anderson asked, do you want to state your name?

David Uttermohlen stated, I’m David Uttermohlen. I want to thank you for pointing out an arm guard before I got up. I have some supplemental information if the board doesn’t mind. There are some copies and not as good as the original. So who ever is doing the minutes might want an original.

Attorney Altman stated put that as exhibit A. This is exhibit B and again three parts.

David Uttermohlen stated, if everybody is ready. Let me start off by saying I’ve not appeared before this board before and I want to ask a couple of clarifying questions. If I’m understanding this the purpose of this meeting tonight is to discuss the technical merits of rezoning and not to deal with things like the variance or ultimate use to which it is going to be put, nor to deal with things like would be the drainage board because I’m not prepared to discuss that.

President Charles Anderson stated, no, ours in main the best use of the land.

David Uttermohlen stated, okay, good. What you have in front of you on the first page is just the GIS system, which I’m sure Diann can see in her sleep now. Simple an area photograph of lot 14 of JC Reynolds 4th addition in the City of Monticello. There is a high light of the borders of the property in which we would eventually being using. If you just draw that out as a triangle it is the JC Reynolds 4th addition of the City of Monticello. It was platted in 1906 it is about 5 acres lot. Somewhere prior to 1951 it was subdivided and the two lots front the street were sold off. This leaving the back half of the lot land locked. There is an alley that goes back there it is only 11’. When the city initiated zoning, they zoned this 2.5 acres an R-3. Makes sense residential neighbor 2.5 acres don’t want to put just one house on 2.5 acres. So it seems the highest use of the land for that piece of property for the South part of lot 14. On the second page I have a blow up of the property in question which is the West half of the North half of lot 14 of the 4th addition of JC Reynolds in the city of Monticello. You can see from this you have approximately 1.1 acres sandwiched between residence, a church with a business off to the lower left. The business is the County Department of Family, Children services. The church is the Grace Baptist Church. There is a lot of open space. Now I have put in a purchase option for the 1.5 acres which is currently zoned R-2 with a 116’ frontage. That would allow for two duplexes with 25,000 each if I chose to tear down the existing house. I don’t particularly want to do that. I can put in a road and open up the back, if I do that I would have to have a 50’ right-of-way and that would impinge on the rights of my neighbors. So to me the best solution is to put in a commercial drive per the Monticello City ordinance, and allow the two pieces of property to be joined together and put in multi-family housing. Now the neighborhood is primarily a mixed neighborhood. There are several in home businesses operating in that area, one of them was in fact an applicant tonight. About a block away is a development with a multi-family development. It is Monticello apartments they are a elder family housing development. They are about a block away on the Northwest side of Woodlawn school. As you look at the picture you can see across from Woodlawn School with a couple of, the parcel directly across from the Northwest edge is an in home business. With a residence next to it and another residence next to that. Now this is not our first attempt at unlocking these 2.5 acres. On the first attempt which is the contour map, we attempted to go along the alley and purchase from Mr. Dibell a strip of land along the alley to try to fit a road or drive on that 27.60’ between the corner of his building and the alley. Needless to say no one really went for that. The second attempt we purchased Mr. Powers property and we were attempting to purchase property from the City in order to make a right-of-way all of the way back. We didn’t get funded that year and prices changed so we didn’t renew the option. Next attempt was through the Better Corporation we attempted to purchase the County Office building and put in a 50’ right-of-way and a street or commercial drive back to the property. However, all of these variance summaries and options impinge the traffic all dumping on Main Street. On Main street that was seen as a problem by the City Council and the traffic department. There is a lot of traffic on Main Street and having people pulling out on Main Street is not a good idea. So the City Council encouraged me to explore having it come out someplace else. We can’t go through the City Cemetery because that is forbidden. There really isn’t a lot of options, so Mrs. Whitewing was interested in selling so I have put an option to purchase her property and we would like to go out through Beach Drive.

I believe that is the one you have in your packet. That is the third one. We are looking at a 50’ right-of-way and a commercial drive back to the apartments.

President Charles Anderson asked, how many units are you proposing to put in back there?

David Uttermohlen stated, well what we are showing on that plan is 35. Probably that would be about 4500’ per unit, which is about 300’ above what the BZA is willing to give for variances.

President Charles Anderson asked, do any of the Commissioners have any questions for Mr. Uttermohlen?

Jay Clawson stated, open the floor first.

President Charles Anderson stated, okay we will open the floor now. Any questions from the audience on this request?

Travis Searcy stated, I’m Travis Searcy and this is my wife Lisa Searcy. We own the adjacent property next to Mr. Uttermohlen’s proposed entrance.

President Charles Anderson stated, we want this put into record.

Travis Searcy stated, I don’t know, I’m not really up on the numbers and things like that. I’m opposed to it for several reasons for the school area, the entrance.

??? stated, the increase of traffic.

Attorney Altman stated, one at a time please.

Travis Searcy stated, the traffic is a major issue. We have a lot of good people that will be affected by the drainage that Mr. Uttermohlen didn’t want to get into right now. That is understandable. I’ve never meet the man until now.

Lisa Searcy stated, I just think the rezoning of this property leads into a whole other issue. It is not like this piece of property is the only thing at stake. If he was going to rezone this and put a duplex right there, that would be one issue, but it is not. It is for a whole apartment complex, which is just a hole other issue. That is drainage issues, excess traffic especially by the school, our property value. There is a lot at stake here, and a lot of other people have opinions.

President Charles Anderson asked, is there anything else you want to add to this?

Travis Searcy stated, no I’ll come back later.

Attorney Altman stated, I marked their exhibit as objector’s exhibit A.

President Charles Anderson asked, do you want to respond to that Mr. Uttermohlen?

David Uttermohlen stated, this….

Attorney Altman stated, just a second please, this is a letter that Mr. Clawson just gave to me that was given to him to receive from Mr. Andre. I will read it into the record since he is not here.

Several answered (yes he is).

David Uttermohlen asked, are you going to read that before I respond? The Searcy’s stuff.

President Charles Anderson stated, this is a separate issue, let him respond so we don’t forget, then we can read that.

David Uttermohlen stated, I’m aware of the drainage issue that the Searcy’s have mentioned. In fact here is a letter I sent to the requesting confirmation of our conversation that I had with Lisa. The conversation was we were standing out there.

President Charles Anderson asked, what is this?

David Uttermohlen stated, this is a letter I sent.

President Charles Anderson stated, this is a letter that you sent, it is not hear say.

David Uttermohlen stated, the letter I sent with details what the drainage issues that they are concerned about are. They have on the Southeast corner of their property of the start of the rather large ravine that goes on down to the lake. Their house sets with their chunk of their foundation exposed because of this ravine. On December 20 about 4:00 p.m. I went to talk to the abutters to make sure that they were aware that this is going to happen. Make sure that I had discussed thoroughly with them many issues that they may have raised. One of the issues she raised was drainage. Well if I’m going to put a commercial drive back there, I would have to fill in a big chunk of this rather deep ravine. I offered at the time to fill the ravine that is also adjacent to their property on their property, bring it up to whatever level that they wanted and plant it with grass or whatever they wanted gravel. She thought that was a great idea because they have trouble getting to the back of their house because they only set about 5’ from the property line on the West side of the house. That would give them an open area to get back their house. So I’m address that drainage issue.

President Charles Anderson asked, do you want to respond to any of the other things she said, like the traffic or anything else?

David Uttermohlen stated, the traffic, well I think the traffic is an issue we are going to be as planned this is a low income housing project for seniors, which means probably half of the people won’t drive. The traffic will be no worse than what Monticello Apartments, which is a senior housing complex that is on the other end of Woodlawn elementary school. The entrance to this project as proposed on the plan would channel most of the traffic past Woodlawn, it would be kind of a job to get to Woodlawn Street. Most of the traffic would turn left. I talked to Mrs. Henard who is the principal at Woodlawn Elementary, I talked to the Assistant Superintendent for the school and asked, them if this would cause any problems for traffic for the schools. Their conclusions was no, and that is why they are not here tonight. The conclusion was no because the sidewalk that the children use is on the North side of Beach Drive. There is no sidewalk on the South Side of Beach Drive, so basically the kids are not walking in the middle to the street, shouldn’t happen.

President Charles Anderson asked, do you want to go ahead and read this into the record?

Attorney Altman stated, (reading the letter from William Andrea dated January 10, 2005). Objection, as a 25 year residence of South Beach Drive I object to the proposed rezoning of the lot of 215 South Beach from R-2 to R-3 for the purpose of developing a multi-unit apartment complex just across the street from the Woodlawn elementary school. There already exist in this neighborhood an unusually amount of high speed East/West vehicle travel generated by the school, two churches, and a lawn and garden business, Bluewater beach park, and the parks public access boar ramp. The failure of local law enforcement to adequate enforce the speed limit in this school zone only aggravates the traffic situation creating unsafe conditions for the school children. Dozen of elementary school children routinely walk to school and ride their bikes every morning and afternoons. Sometimes even at noon. From the North Main Street to the school. Those who reside of the South side of each drive often walk or ride in the street because there is no sidewalk on the South side of Beach drive. To access the proposed apartment complex a new roadway leading up to the South Beach Drive from the South would no doubt require a new cross walk and another East/West stop sign and street crossing guard at the intersection of Woodlawn avenue and South Beach Drive to accommodate school children walking or riding bikes across Beach Drive to the school from the apartment complex. Traffic at this intersection is already congested enough by school buses, vehicles driven by many parents to take their children to and from school. Environmentally the City would loose precious acres of natural green space and Woodlawn as well as the unique scenic wild life habitat. Drainage down hill from the road side to a natural ravine at the proposed construction site also has long been a reoccurring problem for residence who live on the South side of Beach Drive. Run off from the heavy rain flows down hill from the North side of the street across the properties into the ravine. Development of this wooded area would no doubt cause additional drainage problems for the residence on the South side street. Development of this property is clearly not in the interest of those of us who live on the South side or the City of Monticello. Signed. G. William Andre.

President Charles Anderson asked, do you want to respond to anything new?

David Uttermohlen stated, yes. I didn’t make copies of this, but if you would be kind enough to read this into the record. It is a letter from the City of Monticello, the Department of Police from Chief James C. Reynolds. I asked him to evaluate if the apartment complex would cause any enforcement issues or traffic problems and this is his response.

President Charles Anderson stated, read that into the record.

Attorney Altman stated, I received your letter and plot plan for the Great Oak Apartments. At this time I feel there would be very little if any impact on the police department. Therefore at this time it would have a neutral impact on the police services of Monticello. Sincerely James C. Reynolds, Police Chief.

David Uttermohlen stated, also to address the two issues, there are no children or not likely be very many children in these apartments in these apartments since they are target to low income elderly. The issue whether or not there will be a stop sign or stop light or what ever should be decided by a competent traffic engineer and not by myself. We will put in whatever we need to put in to make it safe for both residence and children.

President Charles Anderson stated, the one thing in an area like that especially if you are going to target elderly, if they walk anywhere they need a sidewalk over there on that side of the road.

David Uttermohlen stated, we have a sidewalk that runs through the apartment complex with a crosswalk across the existing sidewalk.

President Charles Anderson stated, that is going to cause elderly people to have to cross the road in that area too. If you have to go clear to the other side to get to the roadway, but to me the side walk on that side of the road would just be a necessity to me. Do the Commissioners have any other questions right now?

Attorney Altman stated, explain to us what you mean by targeted for senior citizens.

???(male) stated, that is exactly what I was going to get at.

David Uttermohlen stated, I’m a co-developer for this project. I’m developing it in accordination with the Area IV Agency. The Area IV Development Inc., which is their development, wing. The project will be owned by Area IV. In order to receive the funds that we have been seeking for several years now, we will have to stipulate in the deed of the Apartment complex that there are certain quote set asides. The set asides are that we will have certain apartments set aside for disabled, certain apartments for the lowest income people, and on the way up to near market rate units. That has to be a part of the least and we are committed for not less than 30 years to keep to maintain those apartments in those conditions.

President Charles Anderson asked, does that still me low income seniors?

David Uttermohlen stated, low income seniors. 80%, according to HUD rules 80% of the occupants have to have a household member that is 55 years of age or older. There may be some younger, but from what our preliminary marketing shows.

President Charles Anderson stated, it would be grandparents that had grandchildren in the household.

David Uttermohlen stated, that would be that type of thing, but basically.

President Charles Anderson stated, but at this stage of the game you still could be parents and be 55. Is there anything else?

David Uttermohlen stated, I was responding to your questions.

President Charles Anderson stated, state your name and come forwards.

???(male) started talking

President Charles Anderson stated, state your name.

??? stated, that might be of school age or might be going to Woodlawn or any other school for that matter. Can you guarantee that there is not going to be any children?

David Uttermohlen stated, I can’t guarantee that.

Bill Andre stated, going up that new road that you are going to put in and half to cross that Beach drive to get to the school from your new road or lane or whatever it is going to be.

David Uttermohlen stated, I can not guarantee that there will not be school aged children living there that will have to cross Beach Drive, however, if children are currently crossing Beach Drive does the responsibility of the School system to make sure that there adequate crossing guards and a crossing cover.

Bill Andre stated, well there is a crossing guard for people who are on Woodlawn.

David Uttermohlen stated, okay.

Bill Andre stated, but that is not where this is. You new road is going almost run right into Woodlawn Ave.

David Uttermohlen stated, not quite.

Bill Andre stated, if you tear down the house.

David Uttermohlen stated, I’m not tearing the house down.

Bill Andre stated, you are not going to remove any of it.

David Uttermohlen stated, well maybe 6’ of it.

Bill Andre stated, you are removing par t of it.

Several talking at once.

Bill Andre stated, so you are going to have to remove part of that house on that lot so you can make this access road to your complex from Beach Dr.

David Uttermohlen stated, that is right.

Bill Andre stated, you say there is not going to be any traffic problems involved with that.

David Uttermohlen stated, I’m not saying there isn’t going to be any traffic problems involved with it, I’m saying…

Bill Andre stated, that is what you said a little bit ago.

President Charles Anderson stated, let's not get into an argument over this.

David Uttermohlen stated, I said, I will repeat my self, I’ve talked to the principal of Woodlawn Elementary, the Assistant Superintendent of Twin Lakes School Corporation, talked to the chief of police, I’ve talked to Mr. Roberts who runs the street department, I’ve talked to the City Council who said we should channel traffic on to Beach Drive and so I can’t guarantee that there is not going to be any traffic problems. The confident individuals that I have discussed this with don’t see any.

Bill Andre stated, the traffic problems involve the children that are walking in that area to school and home, riding their bikes. I have lived there for 25 years and you would be surprised at how many children walk to school or ride their bikes to school in that area.

David Uttermohlen stated, do they currently do that.

Bill Andre stated, of course they do.

David Uttermohlen asked, do you feel that they are safe now.

Bill Andre stated, yes.

David Uttermohlen stated, so additional….

Bill Andre stated, but if we are going to build another road that is going to provide more vehicles to come on to.

President Charles Anderson stated, I think we got enough. We know there is going to be more traffic, in fact I used to walk to school there some 50 years ago.

Bill Andre stated, there is unbelievable amount of traffic on Beach Drive. It would surprise a lot of people.

President Charles Anderson stated, okay you have a question, we need to stay on new things.

Lisa Searcy stated, I’m on this because he says he talked to Mrs. Conard, I also spoke to her the principal of Woodlawn on Thursday. She told me her concern was the traffic issue. We have so many kids that cross the street and I live on the right side, so my son has to cross. There are no crossing guards to help him across. If it weren’t for me and my husband there would be a huge issue. The addition is going to be there, which means more kids are going to have to cross the street. My thing is she is concerned with the access traffic as well, that is what she voiced to me. She even asked me to bring her a copy of what I gave you and I did so. In regards to the letter that he gave you I was unfortunately not able to get copies, but I underlined everything that we did not discuss. I do not appreciate having words put into my mouth and I would like to pass it around.

President Charles Anderson asked, does anyone else in the audience have any questions?

David Uttermohlen stated, I talked to Mrs. Conard today and subsequently to her conversation.

Attorney Altman stated, I think we have had enough.

David Uttermohlen stated, she said she had people from the transportation department come down and review the site and the site plan and as far as they were concern there is no issue.

President Charles Anderson stated, where you want to run that road out I don’t like it, I would just as soon you adjoin it if you are going to run a road through there and tear the house down and run it so it went right by the school so if they do cross it they could do that. Which it is.

That is another matter.

Jay Clawson stated, I understand to, we have ran into situation where we allowed a road to be built and line up with another road and it was said it was going to be changed and it has become a traffic mess in my opinion where you have two roads.

President Charles Anderson stated, we are not here to create new messes.

Jay Clawson stated, right, plus I have a worry about how you are going t fill in that ravine and get your grade at that steep of slope an keep all of the fill on your property. I mean if you tear the house down and go to the center of that thing and grade it down and put a culvert, you might be able to do it. To keep that house and just push it to the other side, how are you going to keep that grade on your property with that ravine.

David Uttermohlen stated, well the easiest way is to use retaining walls. I’m unaware of what Mr. Searcy says I haven’t discussed with her. As I believe what I discussed with her. Easiest way is to fill up to her property, if she doesn’t want it, I will put up a retaining wall.

President Charles Anderson asked, does any of the other board members have any questions?

Dennis Sterrett stated, my concern is drainage.

Several talking at once.

David Uttermohlen stated, I haven’t filed anything, so I can’t answer any questions on drainage. Option one is to go to the existing pond we had this discussion before the last board. Option two we have an agreement with the city to run a sewer line down over their property off of the South end of lot 14 down over their property to the Blue water drive. If we had to be can run drainage tile down that same easement. Again I’m not really, I haven’t file a drainage plan because that will have to be done by an engineer.

President Charles Anderson asked, do the Commissioners have anymore questions?

Several talking at once.

President Charles Anderson stated, we still have a meeting going on here.

Discussion among the board members.

They are currently going over all of his plans.

President Charles Anderson stated, wow, we are still have a meeting here. We are not going to get into any name-calling, if you want to talk come up here and state your name.

??? stated, his daddy built our home.

President Charles Anderson stated, state your name.

Coleen Vigus stated, I’m Coleen Vigus. We live next to where he is going to build. Everything will be drained on us if he doesn’t watch it. He built that house and he loved it so much as we do. You are going to be sure that, that doesn’t all drain down on our pond.

David Uttermohlen stated, as I stated.

Coleen Vigus stated, what about the, what else were we talking about.

President Charles Anderson stated, you need to come forwards.

Several talking at once.

Dwight Vigus stated, I’m Dwight Vigus and we are worried about the water and have been since he started this. He claims that he has a pond that does not exist. I dug a little hole on my property doesn’t dump on him to try to hold back the water. I’ve never had any water problems before it all leaks into the ground before they put the family home in there and that black top driveway and the rain off of the roof all dumps down into my ravine. I know what the roof of 37 buildings and the black top parking is going to do. There is no doubt that it will completely wash me out. I have some pictures.

He is currently showing the board the pictures that he took.

Several talking at once.

Attorney Altman stated, I marked the photos from Vigus as objector 2. To catch up on I marked the Searcy letter exhibit B.

President Charles Anderson asked, do you want to respond?

David Uttermohlen stated, in the BZA when we discussed the drainage issue for the use of that 2.5 acres. One of the things that Mr. Altman suggested that we put into the agreement that we do not rely on existing impound pond because as Mr. Vigus stated they just dumped a bunch of dirt and branches down there. As you will notice on the plot plan it says new dam, and again that is contingent upon a properly filed and approved drainage plan.

President Charles Anderson stated, which you would have to have to complete the project. You can’t do this without the drainage passing.

David Uttermohlen stated, that is correct, so again I did not come prepared to discuss the drainage.

President Charles Anderson stated, the board understands that, we know you can’t complete this without drainage approval, so we do understand that. Is there anything else.

Bill Dibell stated, sure why not, I’m Bill Dibell Reynolds 4th addition. I have one question, we are address the issue of R-2 to R-3 once that property becomes R-3 does that not open that up to multi-housing on that specific lot in addition to the area we are talking about.

President Charles Anderson stated, it opens it up to where ever R-3 is.

Bill Dibell asked, is that what he is requesting?

Director Weaver stated, yes.

Bill Dibell stated, so any place that an R-3 exist we could have multi family on that lot.

President Charles Anderson stated, yes. Do any of the Commissioners have any more questions? I think we have heard enough.

Without further discussion the board voted.

Jay Clawson stated, we won’t see this again will we.

Attorney Altman stated, we are voting.

Jay Clawson stated, I’m not voting I’m discussing.

President Charles Anderson stated, so let's unvote.

Jay Clawson stated, the side walks, he shows one sidewalk going out, that side walk doesn’t curve and go out to the school so the people could walk out and go down. They need sidewalks to go all the way out to the street and then across the front of the property.

David Rosenbarger stated, the R-3 that doesn’t have anything to do with it, he can change that when ever he wants.

Several talking at once.

Attorney Altman stated, what you are talking about is for the BZA, unless it becomes a subdivision.

President Charles Anderson stated, it would probably become a Planned Development, in which case we would have more to say, which would be better for us.

Attorney Altman stated, the issue is the schematics that shows the road and shows the houses is totally irrelevant.

President Charles Anderson stated, we are deciding what the best use of the land is.

David Uttermohlen stated, I would like to remind Mr. Clawson that this is going before the City Council and I would be happy to discuss any issues that he has prior to his vote at the City Council meeting.

The Board finds the following:

The results of the vote were as follows: 3 affirmative and 5 negative. This will be presented to the City of Monticello for their action.

****

#296 James A. Sayler; Requesting primary approval of an 11 Lot subdivision to be known as Sayler Addition on 4.389 acres. The property is located in Idaville at 306 S. West Street. Tabled from the November 8, 2004 and December 13, 2004 meetings.

President Charles Anderson asked, is Mr. James Sayler here?

Attorney Altman stated, as to that our ordinance says that failure to appear (reading out of the ordinance.) This is the second and it is dismissed.

****

President Charles Anderson stated, next on the agenda is business and we have a couple of gentlemen that would like to talk. Mr. Heimlich or Mr. Beasy whichever one wants to go first.

John Heimlich stated, I’m just here, Mr. Beasy has talked to the County and Economic Director about the I guess the, he will have to explain what it does. They are putting a generator station out there to make use of the methane gas to generate electricity. There is another business that wants to use the additional methane gas for recycling and reclamation project that Mr. Beasy would have to explain. It is also a several million-dollar investment and about 4 employees. He has talked to our economic developer director about this, but he has been told he would have to be rezoned to do this. This comes to the questions, if he would have to rezone the landfill that is grandfathered now, would have to be rezoned to I-2 and also need a special use exemption. If is it rezoned to I-2 and then the special exception is denied by the BZA basically the land fill is closed. Obviously his bosses are not going to be to keen on making that rezoning request unless he has a commitment ahead of time that if the special exception is denied that the rezoning reverts to the grandfather use of A-1. I have been told that has been done in the past.

David Rosenbarger asked, can’t he get the special exception first with a contingent on rezoning?

Several talking at once.

John Hemlich stated, he is here to find out the procedure on how we do this. We are at a point now where we can’t go any further with the gas plant until we get this issue resolved.

President Charles Anderson stated, it would be rezoned contingent that the BZA approve his special exception. We have done that before and I don’t see any problem with that. Do any of the Commissioners see any problems with that?

Attorney Altman stated, the only thing that I had mentioned to them was they had presented this to us, they and their lawyer appeared at an informal meeting and I just cautioned them that in this day and age somebody can take legal action and say well this is not the way it can happen and take them to court on that. I just cautioned that we have done it before and I thought it was a total appropriate thing to do. We’ve done it before. I think it is okay. That is the only thing I mentioned.

Several talking at once.

Jay Clawson asked, is there anyway to subdivide, you have 120 acres there. How many acres do you need? Can you do a one time taking on that property and then just rezone part that they want for their, it might be safer to them.

President Charles Anderson stated, if they wanted to expand….

Attorney Altman stated, then they have the grandfathered clause…

Jay Clawson stated, we know if we don’t do stuff by the book things can be over changed and it might be safe for him to take out he 8 acres or the 10 or whatever they need and just rezone that 10 acres.

Attorney Altman stated, obviously we can not do anything particular tonight because we haven’t noticed it up. We can just tell you our process and procedure has been that we have done that. We have done rezoning subject to and contingency and we have had no problems with anyone doing that just to give you and idea, but as to this time we are not sure, you never know who is going to take you to court or not take you to court.

President Charles Anderson stated, it all depends on the friends of the dump group.

Terry Beasey stated, I’m Terry Beasey and I’m here representing Liberty Landfill. What we simply would like to do is bring the current parcel of property that has the landfill foot print on it into current zoning. We do own some additional property that would be our barn area and some acreage. We are not trying to lump that together, all we are trying to do is bring the current landfill, which was grandfathered into current zoning, so if we would desire to build a new operator/break room or change our scale house or like the instance we are in now, where we have another company that believes they can take the waste heat, the exhaust from the new generator facility that has been approved, and use it in a process to evaporate liquids from different waste water. We can’t get a permit or have that facility stand alone on a permit because we are grandfathered and therefore not in our current zoning status, which we would need to be in order to obtain a building permit for any modifications at the landfill. Whether that would be 10’ onto an operator’s break room or put in a restroom facility or anything that would requires Area Plan to be involved is marred in the process because we are grandfathered in our zoning. All we would like to do is see if we could get a letter stating that is has been past practice to allow rezoning based on special use exemption so that if the zoning of I-2 was approved and the special use exemption was denied that we would be able to continue to operate the landfill until it is at capacity.

President Charles Anderson asked, so you really don’t want to rezone the landfill, so you are not grandfathered, you want it to be a landfill and a special exception for the operations of it.

Terry Beasy stated, correct. This would bring the current landfill property into current zoning status. That is all it would do.

Attorney Altman stated, I don’t have any problems doing that, I can do that, it is just that someone else can disagree with that.

Terry Beasy stated, that is open to legal ledigation as it would be perceived, but it has been past practice with board and we understand that and we would like a letter stating that. If we proceed it doesn’t…

President Charles Anderson stated, that would have to be done with our director and with our lawyer.

Attorney Altman stated, yes.

President Charles Anderson stated, I say we can do that. Are there any other questions?

Several talking at once.

David Rosenbarger stated, I will make a motion.

Don Ward stated, I will second it.

President Charles Anderson stated, do we want to vote on this.

Director Weaver stated, yes, we have been discussing definition of front lot line and front yard.

President Charles Anderson asked, does anyone have any questions on this?

David Rosenbarger stated, it looks good.

President Charles Anderson asked, does everyone agree with this and advertise it?

Director Weaver stated, do you want me to advertise it then?

President Charles Anderson stated, yes.

Director Weaver stated, we need to approve the attorney’s fees.

President Charles Anderson asked, do we have any problems with the attorney’s fees for 2004?

Director Weaver stated, I will be written up on this from the State Board of Accounts because we did not do these on monthly bases.

??? asked, do you take public comment on that.

President Charles Anderson stated, I guess you could.

David Rosenbarger stated, I have a problem with the bills being so late. Is there anything to do with the board.

Don Ward asked, what are we talking about.

David Rosenbarger stated, the attorney’s fees being turned in at the end of the year. We go through a budget process.

Director Weaver stated, I requested to encumber this money from last year’s budget.

Several talking at once.

David Rosenbarger stated, I guess my question is to speed this up is that in 60 days these are void. Mr. Attorney?

Attorney Altman stated, yes.

President Charles Anderson stated, you only bill once a year.

Attorney Altman stated, no, I just did them then.

David Rosenbarger stated, can we as a board put a stipulation on all bills be in with in 60 days and they can be denied. It is kind of hard, when we don’t know where you are for an entire year.

Attorney Altman stated, I don’t have trouble doing that.

David Rosenbarger stated, is there something we can do as a board or just forget about it.

Attorney Altman stated, most often time something’s take longer than 60 days. However, this year I just did not get the bills done. They will be in with 60 days.

President Charles Anderson asked, is there anymore business?

David Uttermohlen asked, can I address the Commissioners?

President Charles Anderson stated, yes, but we can’t discuss your project.

David Uttermohlen stated, can I inquire from the Commissioners after the meeting what I need to do. I know longer have business in front of the committee.

Attorney Altman stated, you are able to discuss whatever you want with them.

President Charles Anderson stated, you are in a catch 22 doing something like that because there are things I would like to put on there, but I might still not like the whole concept of the whole plan.

David Uttermohlen stated, until I find out what those are there is really nothing I can do.

****

The meeting adjourned.

Respectfully submitted,

Don Ward, Secretary

White County Area Plan Commission

Diann Weaver, Director

White County Area Plan Commission