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The White County Area Plan Commission met Monday, January 14, 2008, at 7:30 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

Members attending were: Jim Mann Jr., Mike Smolek, Charles Anderson, Gerald Cartmell, Donald W. Ward, Dennis Sterrett, Robert Thomas, and David Scott. Also attending were Attorney Altman and Director Weaver.

Visitors Attending were: Heidi Anderson – Lakefront Enterprises, William Stine, Carl A. Zarse, Charles VanVoorst, Larry A. Norris, Charles Roberts, Michelle Henricks, Michael Scheurich, Linda Hintz, Jeff Hintz, Greg Thoennes, James Nuttall and Ben Woodhouse - Deputy.

The meeting was called to order by President Charles Anderson and roll call was taken. President Charles Anderson stated, first order on the agenda would be the reorganization and the Commissioners, you listening to me yet. We need a president, a vice president, and a secretary. So first up on the list would be the president. Do we have any nominations for president?

Dave Scott stated, I make a motion we leave them all the same.

Gerald Cartmell stated, second that.

President Charles Anderson asked, you want to take that? Do I have a show of hands on that? Do you want to run it thru, if so raise your right hand.

Attorney Altman stated, unanimous for the record.

President Charles Anderson stated, so I’d say that, go ahead and name who they are.

Director Weaver stated, well president is…

President Charles Anderson asked, should we vote on that?

Attorney Altman stated, you did.

President Charles Anderson stated, that was our vote.

Attorney Altman stated, that’s a vote.

Director Weaver stated, President is Charlie Anderson, Vice President is Dave Rosenbarger, and Secretary is Don Ward.

President Charles Anderson stated, next on the agenda would be reading of the minutes and I think…

Attorney Altman stated, you need to appoint executive.

President Charles Anderson stated, oh that’s right, we need a director and a lawyer too. Have any nominations for director?

Don Ward stated, I make a motion we keep the same attorney.

President Charles Anderson asked, and how about the director?

Mike Smolek stated, and director.

Don Ward stated, huh?

Attorney Altman stated, and director.

Don Ward stated, and director.

Jim Mann Jr. stated, I’ll second that.

President Charles Anderson stated, all in favor, raise your right hand. Okay, so moved.

Attorney Altman stated, that was unanimous.

President Charles Anderson stated, that was unanimous.

Attorney Altman stated, just for the record.

President Charles Anderson stated, and our director is…

Director Weaver stated, Diann Weaver and Attorney Jerry Altman.

Attorney Altman stated, thank you.

President Charles Anderson stated, next on the agenda would be reading of the minutes and we have December 10ths minutes, do we have any additions or corrections to those minutes.

Don Ward stated, I make a motion we accept them as printed.

Mike Smolek stated, I second.

President Charles Anderson stated, so moved.


#944 Sharon Garbison; The property is located on Lot Number 13 in H.P. Bennett’s Addition, located in the City of Monticello at 717 S. Main Street. Tabled from November 13, 2007 and December 10, 2007.

Violation: None

Request: They are requesting to rezone from B-2 to I-1.

President Charles Anderson stated, first on the list is #944 but it’s been withdrawn.


#946 Lakefront Enterprises, LLC; The property is located on Lots Numbered 5, 6, 10 and Part of 4 in Amos Oak Crest Fourth Addition, located South of Lowes Bridge on the East side of West Shafer Drive, being North and South of 5313 N. West Shafer Drive.

Violation: None

Request: They are requesting to rezone from B-2 to L-1.

President Charles Anderson stated, I’m going to have to turn this over to Don Ward because I am a relative of the applicants here and Ill let you go ahead and take care of it and Ill go sit in the audience while you get that one going.

Don Ward stated, well you can handle it, but you just can’t vote.

President Charles Anderson stated, he told me it would be better if I stepped down.

Attorney Altman stated, I always think its better.

Don Ward stated, and you are here to represent.

Heidi Anderson stated, I am. I’ve got a handout if you don’t mind.

Don Ward stated, your name.

Heidi Anderson stated, oh my name is Heidi Anderson, I’m a member of Lakefront Enterprises, so I’m here to represent us. Can I hand this out?

Don Ward stated, sure.

Heidi Anderson stated, it’s just extra photos and some more information about what we're looking to do and there’s a copy for everybody here. Do I need to give an explanation or…

Gerald Cartmell stated, this says Board of Zoning Appeals, that’s not what we are.

Charles Anderson, you get it next time.

Gerald Cartmell stated, so where’s for the Area Plan?

Heidi Anderson stated, that’s it, that’s it there. There is some photos of the adjacent properties, the potential aerial view of the site plan and I also included photos in there of a project we’ve already completed across the street so you could see kind of our commitment to the project in what we’ve done thus far and were really asking for your support to change these 4 water front lots from a B-2 to a L-1. The previous pages don’t really have anything per say to zoning these 4 water front lots but just to show you kind of what we’ve done so far.

Don Ward asked, any questions from the board? Any questions or comments from the audience?

Mike Smolek asked, are the lot sizes going to be big enough?

Director Weaver stated, they have requested variances on these lots. They are scheduled to go to the Board of Zoning Appeals on Thursday.

Don Ward asked, if you fix up the restaurant and open it are you going to have parking on the opposite side of the highway?

Heidi Anderson stated, correct, there’s about, counting the spaces that are in front of the restaurant and on those 3 lots. The restaurant itself has its own 3 lots and the resort property across the street, there’s about 22 parking spaces available for the restaurant, yes.

Don Ward asked, did you consider saving 1 of these lots that you are asking for a rezone on as parking for that restaurant?

Heidi Anderson stated, well we more than met the criteria for how many parking spots were required by having the 3 waterfront lots used for the restaurant, it’s 150 feet almost of frontage plus the acreage across the street, there wasn’t really anything that would require any more. And the restaurant has been up and running for the last couple years while we have the resort so we could kind of see the traffic pattern and that kind of thing. There was never really a shortage of parking for the size of the restaurant and everything and were also planning on redoing all the docks in front and we expect quite a bit of the business to come in off the lake but the restaurant is only so big as it is to seat so many people for so many cars so.

Don Ward asked, any other comments? Diann you have anything?

Director Weaver stated, I have nothing.

Attorney Altman stated, these are all 3 are lake frontage lots right?

Heidi Anderson stated, there are 4 lots in question here, they’re all lake frontage, yes.

Attorney Altman stated, okay, I’m sorry, I counted wrong.

Dennis Sterrett asked, do you own the 3 in between?

Heidi Anderson stated, yes, those 3 in between are to remain B-2 and those will be used for the restaurant space.

Dennis Sterrett stated, oh, okay.

Dave Scott stated, I know this probably doesn’t come into play here but does SFLECC own any of that property in front?

Heidi Anderson stated, for the restaurant there is an existing steel structure and we’ve gone thru the process of getting the consent to encroach from the SFLECC and they have agreed to that and granted that. That’s the only piece of the property that would be over onto the SFLECC’s property.

Gerald Cartmell asked, do we have that?

Heidi Anderson asked, the consent to encroach? I have a copy of it.

Gerald Cartmell stated, we have to have a copy of it I think.

Dave Scott stated, I don’t think we do here.

Gerald Cartmell stated, we don’t have to here? Thursday night we do.

Heidi Anderson stated, I’ve got it ready for you.

Dave Scott stated, were getting ahead of ourselves.

Don Ward asked, is there anything else? If not lets vote.

Gerald Cartmell stated, Diann?

Director Weaver stated, I don’t have anything.

Heidi Anderson stated, I just, I have 1 more thing to make sure, I put it on the application and everything for this but if we shouldn’t get approved for variances on Thursday night I’d like the option to, and you’d decided that you’d agreed to an L-1, I’d like to opt not to take the L-1 because these lots are more build able as a B-2.

Mike Smolek asked, can she pull that out before it goes to the County Commissioners?

Attorney Altman stated, no problem.

Heidi Anderson stated, which is Monday, so.

Attorney Altman stated, yeah, no problem about it, you just don’t submit it Monday, or don’t ask Diann to submit it Monday.

Heidi Anderson stated, okay, okay, thanks.

The results of the vote were as follows: 6 affirmative 1 negative and 1 abstention. This will be presented to the County Commissioners for their action.

Heidi Anderson stated, okay, thank you.

Attorney Altman stated, your welcome, thank you.


#947 Jeffrey A. & Linda J. Hintz; The property is located on Lot Number Two (2) in the Walker, Jenner and Reynolds Addition, in the City of Monticello, located at 433 N. Illinois Street.

Violation: None

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

President Charles Anderson asked, do we have anybody here representing that request?

Jeff Hintz stated, yes, Jeff Hintz.

President Charles Anderson asked, the commissioners have any questions about that request though?

Attorney Altman stated, Gerald, do you have something you want to say?

Gerald Cartmell stated, this is my cousin, as bad as I hate to admit it, so I will be abstaining from voting, no actually he’s a good person, good people.

Jeff Hintz stated, no, were really just asking to rezone our property there, that is our residence and we want to zone it as our residence, our lending institution has told us it would be to our benefit to have it zoned R-2.

President Charles Anderson stated, so basically you’re bringing it into compliance like it should be anyways. Do we have anybody here with any questions in the audience? The commissioners have any questions? If not, I’d say lets go ahead and vote.

Director Weaver asked, did you bring your sign back?

Jeff Hintz stated, yes I did.

The results of the vote were as follows: 7 affirmative 0 negative 1 abstention. This will be presented to the Town Council, City of Monticello for their action.

Jeff Hintz stated, okay, thank you.


#948 VeraSun Reynolds, LLC; The property is located on Part SW SE 27-27-4, Part E 1/2 SW 27-27-4, Part SW SE 24-27-4, in the Honey Creek Township, located Northeast of Reynolds, being East of C.R. 25 E and on the North side of the railroad tracks.

Violation: None

Request: They are requesting to rezone from A-1 to I-2.

President Charles Anderson asked, do we have anybody here representing that request? You want to come forward and state your name?

Charlie VanVoorst stated, Charlie VanVoorst.

President Charles Anderson asked, do the Commissioners have any questions about that request at all? Does anybody in the audience have any questions about that request? If not, I’d say lets go ahead and vote.

Attorney Altman asked, Charlie is this just a parcel that just didn’t get included in the original request?

Charlie VanVoorst stated, yeah, it wasn’t included in the original rezone.

Attorney Altman stated, and its part of the original request that’s already been approved right.

Charlie VanVoorst stated, yes that’s correct.

Attorney Altman stated, okay, that’s what I thought, just wanted to say that on the record.

Charlie VanVoorst stated, just the part that goes out on the rail on Zarse property, Allen property.

Attorney Altman stated, okay, that’s what I thought, just like to say it.

Charlie VanVoorst stated, just was forgot the first time, forgot to be added to it.

Director Weaver asked, Charlie did you bring the sign back?

Charlie VanVoorst stated, yes, yes I did.

The results of the vote were as follows: 7 affirmative 0 negative and 1 abstention. This will be presented to the County Commissioners for their action, that will be again, next Monday morning at 8:30, right here.

Charlie VanVoorst stated, thank you.

Attorney Altman stated, thank you.


#07-8 TSCR, LLC; Requesting Primary approval of a Planned Unit Development to be known as Lakewood Condominiums on Lot Numbers 3, 4, 5 and 6 in Frank R. Burch’s Lakeside Second Addition, located in the City of Monticello at 208-214 N. Beach Drive. Tabled from October 9, 2007, November 13, 2007, and December 10, 2007.

President Charles Anderson stated, there was some more information they were supposed to get to Diann. Several people had been looking over this. Don, do you have anything to say about this request?

Don Ward stated, well, my basic opinion is it’s probably ready for primary. Anything that we don’t quite agree with right now we can get changed before the secondary by having another meeting. Do you agree with that Denny?

Dennis Sterrett stated, yeah.

President Charles Anderson stated, does anybody else on the board have any questions about this right now?

Don Ward stated, I think they have to remember that you have to have a plat on your secondary.

Charlie Roberts stated, yes, you said that’s on secondary and a, escapes me now what it is, Charlie Roberts is my name, I remember that, not the constitution but the articles

Members of the board stated, covenants.

Charlie Roberts stated, covenants, thank you, thank you.

Don Ward stated, there was 1 thing you need to look at and that’s the parking because it shows the parking and the way I looked at it, it was all behind the garage doors. You have the garage door and then you have 2 spaces right behind it. My understanding of the parking is you have to have 2 spaces that can not be blocked in as well as the garage. Right Diann? You got plenty of room so…

Charlie Roberts stated, I think with the common area there is.

Don Ward stated, you need to show where it is that’s all. That was one of the blaring things and another thing I noticed was your drawings show the floor plan of the first floor and then right above it is the second floor. It would really be nice if they just showed where the windows are and the doors if there are any on the facing so then we could see by looking at that photograph you can easily tell what’s what, otherwise it’s very hard to tell with the site plan what’s what. And I think that’s pretty easy right Bill?

Bill Stine stated, yeah, I think that wouldn’t be too hard.

Don Ward stated, okay and then anything else I think we can straighten out.

Attorney Altman stated, for the record that was Bill Stine the engineer for this project.

President Charles Anderson stated, if there’s no other questions I’d say lets go ahead and vote on primary.

Mike Smolek asked, did it help having a meeting with some of us?

Charlie Roberts stated, it did, I appreciate the day we got together.

Don Ward stated, we will probably have to have another one.

Charlie Roberts stated, that would be a, I will make it a point to be there.

The results of the vote were as follows: 8 affirmative and 0 negative with the conditions that Mr. Ward just requested. This will be presented to the City for their action.

Charlie Roberts stated, okay, thank you.


#07-10 Caco Properties, Inc; Requesting Primary approval of a Planned Unit Development to be known as High Pointe on the Lake Condominiums on 1.05 acres, Part of Lakeside Heights Subdivision 17-27-3, located North of Indiana Beach Road off of West Shafer Drive on Pony Lane.

President Charles Anderson asked, is anyone here representing that request?

Mike Scheurich stated, Mike Scheurich.

President Charles Anderson stated, we have a little problem with that as far as, Diann you want to explain to them what the problem is…

Mike Scheurich stated, were tabling and…

Don Ward stated, well, I recommended he come in even though he didn’t have the sign up for the required 10 days and therefore in my opinion need to table it but I think we need to go over things with him first so the next time…

President Charles Anderson stated, it will be a little bit smoother for them.

Don Ward stated, it will be ready to run thru and my biggest objection is the site plan is not complete. I guess the streets, ingress and egress…

Director Weaver asked, Don is the committee going to get together with Mike?

Don Ward stated, I think were going to meet and were going to get our committee together and we will have to meet with you when we go over it.

Mike Scheurich asked, how do you schedule that?

Don Ward stated, well we will call you, we don’t know yet ourselves. We don’t have a …

Mike Scheurich stated, well I mean, but I mean, that’s something that, however that your timeframe works….

Don Ward stated, well we will have to do it fairly soon, its going to have to be done quickly.

Mike Scheurich stated, if you want something that’s official and that’s a question that I have that, in speaking with you today brings up the point that Charlie, that you made a reference to parking and that I’d ask about, cause you said that there was, that you could not block anybody in in a garage that you needed 2 parking places. It would be nice to know where do I need to locate that because I don’t believe my architects have taken that into consideration even though there would be on street, there would probably be adequate space but there’s nothing designated for another 2 areas per unit type of area and I know that in other planned communities there, that’s all that there is, there is no, in covenants there’s no on street parking and the only places that you really have is your driveway and your home that, so that all you would really have is 2 spaces behind your garage door. And I, I need to really…

President Charles Anderson stated, 2 spaces is all you need for that though.

Mike Scheurich stated, I understand but what Don’s saying is that there needs to be 2 others.

Director Weaver stated, no, your garage is 1 but then 1 in addition to but it can not be behind the garage.

Mike Scheurich stated, well that, and that’s what I’m getting at is that means that then…

Don Ward stated, I thought it was 2 besides the garage.

Director Weaver stated, well the ordinance doesn’t state that the garage can’t be considered 1 of those.

Don Ward stated, it can be considered 1, okay. So you need 1.

Mike Scheurich stated, and that’s what I’m just a little curious about, where do I, that would be information that I would want whenever we meet.

Don Ward asked, is that going to be a, are you going to make the street public to the…

Mike Scheurich stated, it will probably be private.

Don Ward asked, you going to turn it over to the county?

Mike Scheurich stated, it will probably be private.

Don Ward stated, well then you could probably park on the street then if you have enough right away.

Mike Scheurich stated, which would be covenant oriented at that time, but you know, depending on how far it goes.

President Charles Anderson asked, are these 2 car garages or 1 car garage?

Mike Scheurich stated, well you could call them 2.

Director Weaver stated, Mike, maybe this would help you, in the ordinance it says for the location of parking spaces. It says, “all parking spaces provided pursuant to this section shall be on the same lot with the building, except that the Board of Zoning Appeals may permit the parking spaces to be on any lot owned and ownership maintained as long as the business is in use within 500 feet of the building, if it determines that that is impractical to provide parking on the same lot with the building.” Does that help a little bit, maybe?

Mike Scheurich stated, well, you know, I think that the big thing is that the 2 spaces per unit can that be, can that be the drive that goes up to the garage and I just, I guess I just want to make sure that I have clarification that I can point the architects to.

President Charles Anderson stated, your not blocking that car in the garage though.

Mike Scheurich stated, so, clarification….

Attorney Altman asked, how does it read Diann?

Director Weaver stated, it, “Size of Parking Spaces, for purposes of this ordinances, a parking space shall be an area 9 feet wide and eighteen feet long, exclusive of driveways, and each parking space shall be accessible from a street without having to pass over another space.”

Attorney Altman stated, so that if you’re beside it, like Doc’s saying, okay, but if you’re going to pass over it, no. Is what he’s really saying.

Director Weaver stated, I can get you copies of this if you’d like to stop in.

Mike Scheurich asked, what’s your section?

Director Weaver stated, it’s under parking ordinance, but if you want to stop by the office…

Mike Scheurich stated, and that’s not in anything that I possess.

Director Weaver stated, well I don’t remember if you got a zoning ordinance or not. We can make a copy of it if you just stop by the office.

Attorney Altman asked, what page is it Diann?

Director Weaver stated, well this is actually an amendment that I just read.

Mike Scheurich stated, and there again and we can cover the egress issues at a joint meeting. Is there anything else on those existing plans, I like to head things off on the pass and be prepared and I’d like to make sure that you get the answers you want when we have a meeting.

President Charles Anderson asked, as far as the flood plain on the lake side of that, did you have it marked as the flood plain, because you have to be 7 feet above the flood plain and is that flood plain changing in that area or is it going to stay the same?

Director Weaver stated, I have no way of knowing at this time.

President Charles Anderson stated, if it hadn’t changed it doesn’t make any difference, but we have to know that those buildings are at least 7 feet above flood plain.

Mike Scheurich stated, it shouldn’t be an issue with the grade elevation that’s there.

President Charles Anderson stated, because on your thing it shows that it, for every 1/8 inch 1 foot and it shows a water line there but you don’t actually have the flood plain line there.

Attorney Altman stated, that would be something you’d certainly want on there.

Mike Scheurich asked, isn’t that something that even on your GIS that’s kind of up for interpretation or I mean, it’s not a, how fixed is that when you’re placing that on that lot?

President Charles Anderson stated, well there’s a foot level, like what the flood plain is.

Mike Scheurich stated, and I don’t think that, that would still, would be an issue with the elevation that’s there cause there’s a lot to work with.

Attorney Altman stated, but you need to put it on here, that’s really what Doc’s saying is put it on there.

Dave Scott asked, I don’t see water, sewage, gas, electric, that kind of stuff on here, will we need that?

Attorney Altman stated, it has to be.

Don Ward stated, well he said the sewage will be grinder pumps and it will be pumped out and the water will be welled, that should be on the site plan or approximately.

Attorney Altman stated, and utilities.

Dave Scott stated, gas, electric…

Don Ward stated, gas and electric, normally where they go.

Mike Scheurich stated, and my, which comes to the whole question that I have for you guys, what, when it comes to asking for primary approval because I have done this once, that were providing a conceptual and we have to meet all criteria on the secondary. How much information is required or is there a true list of information for the primary approval? You know, we’ve got concepts, we have ideas, we have, how much money does 1 spend on the developing side to have a engineering or site locates or anything more than the specific area and the proposed structure, what else is, what’s required.

Mike Smolek stated, this is what we’d always deal with.

Director Weaver stated, that’s what the committee guys will tell you.

Don Ward stated, well I, that’s what I’m telling you is a complete site plan so that we know, I don’t mean that you pinpoint every last move you’re going to make but we know where your ingress and egress is going to be on the county road, how your parking is going to be. Approximately what your drainage is, you don’t have to have it perfect but you have to have an idea. We have to, in my opinion, primary approval is the scope of what you’re going to do and you have to follow that pretty closely from there on out though the board can have whatever viewpoint they have that’s my viewpoint.

Mike Smolek stated, you want me to read what it says, it says, “the topography, utility services, land uses, land ownership, and a site plan shall also exhibit all existing, proposed structures, existing improved streets, open spaces, and other features as required.”

Mike Scheurich asked, and is that in what were….

Mike Smolek stated, so basically what happens, you are going to give us a map and then after we improve that you cant vary from that more than 10%.

Mike Scheurich stated, size wise, space.

Attorney Altman stated, no, where you put things. What things you put in there and other, parking and what have you can’t be varied more than 10%.

Don Ward stated, unless you know, something comes up, we can give you approval.

Mike Scheurich stated, very good. Any other questions with what I’ve provided?

President Charles Anderson stated, as far as ingress and egress on the property, how wide is that coming in there, how many feet is it.

Mike Scheurich stated, it’s how ever much you want, I don’t care. It’s not, those, it’s not an issue because those things…

President Charles Anderson asked, what, how big is the access road?

Don Ward stated, well I think, we’ve set that we want even back to 1 house, we want 50 feet.

Mike Smolek stated, 50 feet.

Don Ward stated, so I think you should have a 50 foot right-of-way established and your road can be 24 feet, 20 feet with that, when you get out to the highway put in some radiuses so you know, just a normal drive. And the reason for the 50 feet was to make sure there is plenty of room for fire trucks and everybody else, snow plows and whatever.

Mike Smolek stated, utilities in the future.

Don Ward stated, and we have done that consistently for a long time now and we even did that in Idaville to go back to 1 house where they had to put a 50 foot strip in because that’s the way we have been doing it.

Jim Mann Jr. stated, I think a lot of things would become a lot more clear once the committee is able to meet with you at a time that you can work out.

Mike Scheurich stated, and that’s what, that’s just what I was going to ask. How soon would we expect if we were, this is going to be for February 11th. I want to move, I want to have everything, I want to have your questions answered.

Don Ward stated, yeah, see you have this road coming in. I mean…

Mike Scheurich stated, pardon?

Don Ward stated, you see the, this is part of your road. You own this right?

Mike Scheurich stated, I really, I…

Don Ward stated, you own everything there.

Mike Scheurich stated, I don’t know what you’re…

Don Ward stated, well see, you own…

Mike Scheurich stated, yes.

Don Ward stated, so it should really be set aside as the road in, now whether you maintain it privately that’s your business, but if you ever want to turn it over to the county you want it 50 feet so that they’ll take it. Otherwise they won’t take it. And then you can make your pavement whatever you want, 20 feet or 24 feet or whatever and then this is your old one and that’s out the window, that’s just going to be building property then right.

Mike Scheurich stated, I believe that this is, well I’d have to have really a better picture. This might be the 2…

Don Ward stated, well maybe you can explain this, is this what’s to be abandoned?

Mike Scheurich stated, there we go, these 2 lots, these 2 lots right here are what has been assumed into this project and this old right of way.

Don Ward asked, well that’s another question Denny and I both have, what is to be abandoned? Is it that cross hatched area?

Mike Scheurich stated, that is correct.

Don Ward stated, okay. Then another thing was like a property line that’s shown is to be a part of the project.

Mike Scheurich stated, is that in color.

Don Ward stated, it was, somewhere. I don’t know where that is right now, I thought it was in light blue. I had one that was in light blue.

Dennis Sterrett stated, this drive, you’ve got it shown here, where’s it in relationship to …

Mike Scheurich stated, this is it.

Dennis Sterrett stated, oh, that’s an existing.

Don Ward asked, well Denny, don’t you think the road should be incorporated as part of this? In other words you’re not going to put all the land in this 1 thing, in this 1 project.

Mike Scheurich stated, that is, that’s correct, that’s correct.

Don Ward asked, so the part you put in should contain the roads for ingress and egress?

Mike Scheurich stated, mmm hmm.

Don Ward stated, whatever you’re going to use, 1 way in, 1 way out, whatever.

Mike Scheurich asked, but how do you do that? I mean, I’ve got to have the right drive, I got to have the right-of-way, I got to have everything there.

Don Ward stated, but it should be incorporated into this, or somehow set out on the plat to show that it, that you can’t shut it off.

Dennis Sterrett stated, or narrow it down by moving you’re others, whatever you’re going to do on your other spots.

Don Ward stated, well you’re going to do it anyways, so now is the time to do it and get it incorporated into this.

Mike Scheurich stated, but if it’s private does it matter.

Don Ward stated, it does to us.

Mike Scheurich stated, I mean, I’ve got to have it…

Don Ward stated, yes it does matter, I think, it does belong into this project, or at least referenced into that project so that you cant or somebody that buys the property can’t change it, it has to stay there.

President Charles Anderson stated, it’s in the subdivision ordinance, it requires a 50 foot right-of-way into that even though you are a planned unit development in the subdivision ordinance.

Mike Scheurich stated, and that’s what, I mean, I don’t have any issue with that, I’m just talking about the, now there’s land in between that part of that drive that will be put in there will not, is not showing as encompassing the PUD. In other words, I would have 50,60, feet of driveway that is not in with the PUD but it’s going to access the rest of the property also.

President Charles Anderson stated, that’s not in with the PUD but you have to guarantee, is that property that you own then?

Mike Scheurich stated, yeah.

President Charles Anderson stated, but then you would still have to give us a 50 foot right-of-way street.

Mike Scheurich stated, which would have to be for utilities and anything else also, so I guess I, not even a consideration on my part with, you know, thinking of bringing just the drive into the PUD because I’ve got property on both sides of that drive that’s not.

President Charles Anderson asked, on the rest of the property, are you going to, later on development that too or is that what you’re planning on doing or you don’t know what you’re going to do with it at this point? But still for us to know from the county road how you’re going to get back in there we need to know that.

Mike Scheurich stated, which I can, I don’t have any issue with providing that information, I just did not give any consideration to what Don’s saying is putting that into the PUD because I’ve got property on both sides, you know, back to that area.

President Charles Anderson asked, would he have to do that if he had a commitment of that much?

Don Ward stated, well I think there’d have to be a commitment or an easement or something, that’s a legal problem so, …

Attorney Altman stated, I think that’s exactly right, it needs to be at least an easement, it doesn’t have to be exclusive, in other words, I’m not saying is that this has to be just for this PUD but it has to be so that its….

Mike Scheurich stated, there has to be a permanent drive there, that’s part of it, but I don’t know is there anything mandatory that I now need to get another legal description and put that drive into part of that PUD.

Don Ward stated, yeah, I’d say at least before secondary approval wouldn’t you Jerry?

Attorney Altman stated, I’d say primary.

Director Weaver stated, you would have to advertise it for your primary approval so you would have to have it for primary approval.

Don Ward stated, we’ve asked for complete site plans so far and that’s what were asking for now, I’m not saying you have to make it part of the PUD which may be a corporation but it needs to be tied to it so that there’s no way, lets say somebody bought the entire PUD from you then if you own the road you’ve kind of got them over the barrel. We want to make sure, I know it’s not going to happen but we need to make sure that that is tied to it and you can use it for all the other property as well but, so that it’s tied to the PUD.

Mike Scheurich stated, and that’s fine, but, what, what truly has to take place for that. I mean it is going to be an easement but it doesn’t, that would not have to be part of, that would not have to be part of the PUD since there’s other private property on both sides that’s just a legal easement/right-of-way right. Correct?

Don Ward stated, well that’s true, but we’d have to see it I think before we give primary approval.

Attorney Altman stated, it has to be described. It has to be described.

Don Ward asked, what’s the attorney think?

Attorney Altman stated, it has to be described just like your saying Don.

Mike Scheurich stated, I just want clarification; I don’t have to …

Attorney Altman stated, you asked what the PUD requires, on page 49, 5.3003, it says content site plan, the information required on either the preliminary or the final site plans can, shall conform to the requirements set forth in the subdivision control ordinance or the preliminary or final plats respectively.

Mike Scheurich stated, preliminary or final, which we can cover that ground.

Attorney Altman stated, which this is preliminary, and on a preliminary subdivision we would require the access easement road be described and be on there.

Mike Scheurich asked, but does that have to be part of a PUD since it’s…

Attorney Altman stated, yes, yes, I’m just saying is yes, to give you a very short answer.

President Charles Anderson stated, I think the board wants you to do that, so that’s what I’d do.

Mike Scheurich asked, well, any other questions?

Dennis Sterrett asked, are people going to be able to drive thru there, the other people to the north?

Mike Scheurich stated, I need to drag them buildings back off the…

Dennis Sterrett stated, you don’t have much parking.

Mike Scheurich stated, and it wasn’t parking, it was grade. I would just be better suited to drag those back away from the water, the steepest part of the grade and that’s why I want to, most of that right-of-way that was platted in 1924 is kind of hard to be determined from the lot anyway but I just need to pull those back it would make the building process a little easier and the grading so…

Don Ward asked, what about green space, is that listed anywhere where that is? How much there is and all that? I see you probably have plenty.

President Charles Anderson stated, well he’s got a little over an acre that’s going to be in the PUD. How much, how much…

Mike Scheurich stated, well and there again, I absorbed 2 more lots, so into to doing this, so I would guess I’m, as far as your scales, that are concerned, I would be what is it 65/35…

President Charles Anderson stated, what is it 60/40, something like that.

Don Ward stated, well, I don’t remember what it is.

Director Weaver asked, do you still have that open Jerry?

Attorney Altman stated, no, I only have this.

Director Weaver stated, I think 65/35 sounds right.

Dennis Sterrett stated, that’s what I thought it was.

Mike Scheurich stated, but I believe don for your question that would be very adequate for the green space.

Don Ward stated, it looks like you have plenty.

Director Weaver stated, yeah, no more than 65% can be covered by buildings or impervious surfaces.

Mike Scheurich stated, or driveways.

President Charles Anderson stated, so you only need 35%.

Mike Smolek stated, 65 and 35 then.

President Charles Anderson stated, and it looks to me like you have plenty of room for that. Board members have anything else to add to that?

Mike Smolek asked, so we just want to set up a time with him this week or first of next week to meet with him and…

President Charles Anderson stated, sooner the better for him.

Mike Smolek stated, he’s wanting to get going on this. Time frame for you?

Mike Scheurich stated, at your discretion.

Mike Smolek asked, should we just have the girls call everybody like last time and try to get it…

Director Weaver stated, well we have our members here tonight, so I think when we get to business we could probably kind of discuss when everyone’s available.

Mike Scheurich stated, if someone makes the call into me ill make. When do you normally do that, is it of an evening or daytime?

Mike Smolek stated, everybody that did it last time could do it in the afternoon.

Mike Scheurich stated, afternoon is great, with basketball and things it would be better.

Director Weaver stated, early afternoon is what we did.

Mike Scheurich stated, somebody give me a call, ill make sure ill make that happen. Anything else?

Don Ward stated, ill make a motion that we table this until…

President Charles Anderson stated, second on that.

Mike Smolek stated, second.

Don Ward stated, until next meeting.

President Charles Anderson stated, so moved.


President Charles Anderson stated, next on the agenda would be business. New or old business?

Attorney Altman stated, sure do. We do have. Pass this out please. Today we had our mediation on this Freeman lawsuit that we have, it was settled. As you can see there are the terms of the settlement. I bring this to you for your review and oh, and look at basically we had the bond on that subdivision at $20,000. Of course that was too many years ago and it should have been much higher. Diann and I have talked about watching this and making sure we had it much more appropriate because Don Ward gave us a recent quote on that and it was $107,000.00 to put the improvements in. As you can see there was $10,000.00 also came in to the fund because of a liability matter but they put it in so all the monies can go towards improvement and $1,000.00 from Jennings and $1,000.00 from, oh shoot, who’s the other one that paid it…

Director Weaver stated, Rynard.

Don Ward stated, Renert, yeah, Rynard.

Attorney Altman stated, Rynard, that, they were people that bought it but didn’t put the improvements in and I feel like this is an excellent settlement and willing to answer any questions the board has. It is a full amount of the letter of credit plus other matters of damage. It also says that and I insisted on this, the new developer I guess or substitute developer I guess we have, but she’s now the developer will come in, meet with the commissioners or the drainage, and get that all straightened around and post a letter of credit consistent with whatever is required. But obviously there will be $32,000.00 there to pay the first $32,000.00, so Diann do you have anything else?

Director Weaver stated, just from what Mr. Bumbleburg told us today, does the board have to vote on this, do we have to have an executive session on this?

Attorney Altman stated, if we were not, weren’t going to make it public we could do that, I think the board certainly can vote on this if they feel like they have the information they can approve this. Mr. Bumbleburg suggested that the board certainly review and I would recommend approval wouldn’t you Diann?

Director Weaver stated, yeah.

President Charles Anderson asked, so you want us to approve it tonight?

Attorney Altman stated, well I think maybe somebody wants to read it a little bit and ill answer questions and I think that’s what we really should go.

President Charles Anderson asked, read this and bring it up at the next meeting?

Don Ward asked, can we do it now? Can we talk about it now?

Attorney Altman stated, suits me. Talk about it now.

Don Ward asked, well we have the $32,000, will Kathy Russell’s firm put up the bond or for the rest of it?

Attorney Altman stated, yes, that’s on the last page.

Director Weaver stated, that’s part of the settlement.

Don Ward stated, that’s in there, I didn’t see that.

President Charles Anderson stated, so she’ll make up the difference?

Attorney Altman stated, yeah.

Don Ward stated, it may not cost that much but you know, she may be able to get it done considerably cheaper but we have to figure what it cost us if we have to go thru the process.

Attorney Altman stated, that’s right, exactly. And that’s how you made your estimate.

President Charles Anderson stated, so she’ll put a little over $80,000 in a bond.

Attorney Altman stated, she will, she will, when she comes in and makes her application Doc. Until she makes her…

Don Ward stated, we really don’t care how cheap she can do it, it’s what were worried about is how expensive it is for us.

President Charles Anderson asked, you want to go ahead and vote on this tonight then?

Gerald Cartmell asked, we're all covered then right?

Attorney Altman stated, yes.

Gerald Cartmell stated, no out of pocket for us.

Attorney Altman stated, no out of pocket for us.

Dennis Sterrett asked, where’s the $32,000 come from?

Attorney Altman stated, $20,000.00 comes from the bond that Freeman put up to start with Denny. $10,000 came from the fact that the title insurance didn’t contain their lawsuit on it when Russell bought it, $1,000 came from Rynard who was a 1
st buyer of the property and then $1,000.00 came from Jennings.

Director Weaver stated, who is the second buyer.

Attorney Altman stated, who is the second buyer.

President Charles Anderson stated, might as well go ahead and vote on it tonight. A show of hands.

Gerald Cartmell stated, Jennings didn’t sign this.

Director Weaver stated, not yet.

Attorney Altman stated, I got back to late to give it to Terry Smith and get Jennings to sign it.

Gerald Cartmell asked, they all agreed though?

Attorney Altman stated, yeah.

Gerald Cartmell stated, you can say whatever you want but doing it is completely different.

President Charles Anderson asked, you want to vote on this contingent that they sign this?

Gerald Cartmell stated, yeah. Only covers us. Heck.

President Charles Anderson stated, okay, let’s vote on it contingent that the rest of the parties sign this. All in favor raise your right hand. Oppose. Unanimous.

Attorney Altman stated, for the record that’s all, all the board, unanimous.

President Charles Anderson asked, any more new business, old business?

Attorney Altman stated, no, I don’t have.

Director Weaver stated, no, can’t think of anything.

President Charles Anderson asked, do I hear a motion for adjournment?

Don Ward asked, I got a question, or you want to adjourn first?

Attorney Altman stated, that’d be fine.

Don Ward stated, all it was about was your daughter in law. Are they going to drop the PUD?

President Charles Anderson stated, yeah, yeah.

Don Ward stated, on the other side of the road.

Director Weaver stated, well it depends on what happens with the rezoning and variances on it.

Don Ward stated, what the BZA…

President Charles Anderson stated, a lot has to do with it. There not planning on doing it, Heidi, you’re not planning on do a planned unit development this time are you?

Heidi Anderson stated, no, I mean, hopefully Thursday we’ll be able to get the variances that were seeking on the different lots and the planned unit development thing will just go away.

Attorney Altman stated, you probably ought to adjourn first.

President Charles Anderson asked, you want adjourn first before we listen to Heidi talk?

Director Weaver stated, let me say one thing. Next week, the 23rd, we are supposed to be having a steering committee meeting, I know you haven’t received anything on it but it is Wednesday night.

Mike Smolek stated, I was going to say, I got an email on it.

Director Weaver stated, oh you did. I don’t get her emails so I didn’t know that. Did you get a time then for the meetings during the day? They’re supposed to be a meeting with HNTB on the Planned Unit Development portion of the ordinance so if the plat committee could please attend that part of it, I’d appreciate it. I’ll try to find out a time. I thought they would have had a time listed. I didn’t know that, but there going to be here all day that day.

Mike Smolek asked, who’s the plat committee?

Director Weaver stated, plat committee would be you, Don Ward, Dave Scott, Jim Mann Jr., and Dennis Sterrett.

Mike Smolek stated, so it’s the guys that met for the last PUD meeting, so that’s a full time job.

Director Weaver stated, full time part time.

President Charles Anderson asked, the president doesn’t have to be on any of those does he?

Don Ward stated, he should be there. This is what, January 23rd, at what time?

Director Weaver stated, if you got an email you probably know more than I do. I have not been told the time.

President Charles Anderson asked, do I hear a motion to adjourn?

Don Ward made a motion to adjourn.

Greg Bossaer seconded the motion.

The meeting adjourned.

Respectfully submitted,

Donald W. Ward, Secretary

White County Area Plan Commission

Diann Weaver, Director

White County Area Plan Commission
















Document Prepared By: White County Area Plan, -Michelle Henricks___________________________