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APC MEETING MARCH 8, 2010

The White County Area Plan Commission met Monday, March 8, 2010, at 7:00 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

Members attending were: Charles Anderson, Dave Rosenbarger, Don Ward, Jim Mann, Dave Scott, Richard Lynn, Greg Bossaer, Dennis Sterrett, and Mike Smolek. Absent: Gerald Cartmell

Also attending were Attorney Ben Diener, Executive Director Joe Rogers, and Secretary Gayle Rogers.

 

Visitors attending were: Glen & Linda Wood; Steve Meyer

The meeting was called to order by President Anderson. The meeting minutes of February 17, 2010 were approved as written. The first item on the agenda was the sign permit for NAPA.

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NAPA Sign Permit:

Director Rogers explained to the board that NAPA has applied for a sign permit to change out an existing projection sign. Per Ordinance, any sign that projects more than 12 inches into the public right-of-way requires approval of the jurisdictional legislative body and the APC. This sign projects more than twelve inches over the sidewalk. The existing sign was damaged in a wind storm. The new sign will not only be refaced, but the framework will be replaced and the new sign is larger than the old sign. Mr. & Mrs. Wood stated the new sign is the exact same size as the old one. The Monticello City Council has approved the new sign.

Glen Wood from NAPA was present to represent the application. He told the board the old sign was lost in a wind storm; the new sign would consist of a new frame and new face; the new sign will be the same size as the old sign; the new sign will be professionally erected by the company used to erect NAPA signs.

Dave Rosenbarger motioned to vote on the permit, Jim Mann seconded. Eight votes were cast (Mike Smolek was not yet present) Result: 8 – 0 to approve the permit

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Business

Ballots

Joe explained that he does not believe the current rezone ballots are correct. They were designed by Attorney Riley and upon investigation appear to be too restrictive. The previous ordinance did not list any voting criteria for rezones, therefore, the ballot was simply a yes or no ballot. The current ordinance lists five criteria to be considered for a rezone to be approved. Director Rogers assumes Mr. Riley interpreted the word “consistent” to mean that any vote opposed to any criteria forces a “no” vote for the rezone. Joe and Attorney Diener do not hold that same interpretation. Mr. Diener stated the only time a “no” vote is forced is when the rezone contradicts all the criteria. Four “no” votes to the criteria can still emit a “yes” vote to the rezone if the voter weighs that one “yes” point above the rest cumulatively. Joe will revise the ballot and submit to Mr. Diener and the board through email for input. The final revision will be presented to the board for approval at the April 12th APC meeting.

APC MEETING MARCH 8, 2010 CONTINUED

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Amendment to Chapter 4 regarding decks

At the January 11, 2010 APC meeting the subject of lakeside decks was discussed and Joe was to propose an amendment to accommodate existing decks as well as future decks. His proposal was to amend Schedule B, Bulk Use Standards to state that there would be no front setback requirement for decks on the lake. Mike Smolek suggested adding that the property owner be responsible for determining the front property line. Joe proposed adding Section 4.5.9 Nonconforming decks – Lake Properties to the ordinance to grandfather all existing lakeside decks for all setbacks. Mike Smolek motioned to accept the amendments with the addition; second was by Dave Rosenbarger. Nine votes were cast. Result 8 – 1 in favor of the amendments.

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Extractive Manufacturing

Director Rogers updated the board on the progress of the petition to rezone from the February 17, 2010 Special Meeting of the APC. He informed them that our current ordinance conflicts with Indiana State Statute regarding extraction of minerals and the right to mine. Our ordinance does not distinguish between urban and non-urban areas. According to statute the mining of certain minerals may not be stopped in non-urban areas. It can, however, be regulated by ordinance, the APC and the BZA. Joe suggested amending the ordinance to comply with state statute so the county does not lose all control over mining activities. A motion was made by Dave Rosenbarger to have Joe propose an amendment. Jim Mann seconded. The vote was unanimously in favor. (9 – 0)

Further, the County Commissioners tabled the Northgate rezone at their meeting. The APC sent the rezone to the County Commissioners with a “no recommendation”. This produced a question of procedure. Although it has always been the practice of the APC to send a “no recommendation” to the Commissioners when the APC had a tie vote, this no longer appears to be proper procedure. The new ordinance states the only time the APC can send a “no recommendation” is if they believe they do not have all the necessary information regarding the rezone. In the case of a tie vote, they must either have a discussion and continue voting until the tie is broken or continue the petition to the next APC meeting. They must send either a “yes” or “no” recommendation to the Commissioners unless they do not have all the facts, in which case a “no recommendation” is appropriate.

Also, regarding contingencies with a rezone, Joe suggested clearly stating agreed upon contingencies for the record, prior to the rezone vote. Ben prefers that a board member state a contingency; discussion ensues (no longer than five minutes); a vote of the entire board is taken; when the actual ballot vote is taken for the rezone, it includes all contingencies voted in by a quorum of the board (a minimum of six votes). Those contingencies will be listed in the meeting minutes along with the findings of fact for the rezone. The board agreed to implement this procedure.

APC MEETING MARCH 8, 2010 CONTINUED


President Anderson adjourned the meeting at 8:15 pm.

Respectfully submitted,

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Donald W. Ward, Secretary

White County Area Plan Commission

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Joseph W. Rogers, Director

White County Area Plan Commission

 

Document Prepared By: White County Area Plan Secretary, Gayle E. Rogers

“I AFFIRM, UNDER THE PENALTIES FOR PERJURY, THAT I HAVE TAKEN REASONABLE CARE TO REDACT EACH SOCIAL SECURITY NUMBER IN THIS DOCUMENT, UNLESS REQUIRED BY LAW.” ____________________________________________________________