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APC MEETING JULY 12, 2010

The White County Area Plan Commission met Monday, July 12, 2010, at 7:00 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

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

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

 

Visitors attending were: Bryan Mullendore, Dee Roper, Joe Roper

The meeting was called to order by Vice President Dave Rosenbarger. The meeting minutes of June 14, 2010 were approved as written.

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#984 Bryan L. Mullendore; requesting a rezone from L-1 (Lake District) to B-2 (General Business) to open a bait shop. (Countinued from June 14, 2010 meeting.)

A tract of land located in the Northeast Quarter (1/4) of Section Twenty-eight (28), Township Twenty-eight (28) North, Range Three (3) West in White County, Indiana containing Two-tenths (.2) of an acre, more or less. More commonly described as: 6510 N. East Shafer Drive

Director Joe Rogers reviewed the request for the board along with displaying photos of the site. He reminded them that last month they had voted on and passed a condition for the rezone that the properties be split and only the parcel with the garage be rezoned (that the parcel with the house remains L-1). Joe also reiterated for the board the objections to the rezone including a increased road traffic and the safety hazards and noise level involved and the possibility of parking blocking a shared easement to neighboring properties.

Bryan Mullendore was in attendance to represent the request. He explained he plans to retire from the armed forces in nine years and hopes to have business built up by then. His plan is to build the business large enough that he would need to move it to enable it to grow and expand. He produced pages of signatures of customers who have visited three different area bait shops in the past month to confirm his stance that increased road traffic will most likely be of little consequence since these shops have been in business for twenty or thirty years or more and only had thirty to forty customers per month. Dee and Joe Roper spoke their concerns that if the parcel is rezoned to B-2 what could it spiral into while Bryan owns it or if he sells it. They were also concerned about bait shop customers parking in the easement and blocking its use. Mike Smolek asked if the retail operation was limited, could the business be operated as a home occupation. Director Rogers explained that in his opinion it could not. He further stated that since there was so much neighboring opposition he believes the APC should decide on whether to allow it. As per Ordinance, since Joe gave Bryan his opinion, the recourse Bryan would have is to appeal that decision to the BZA. Bryan explained to the board that he has no qualms about them putting restrictions on his business operation. He also stated that he intends the parking to be on the south side of the structure where he has seven average sized parking spaces available. This would leave the access lane to the easement free. Mike Smolek made a motion to put the restrictions listed below on the rezone. Gerald Cartmell seconded and the motion passed unanimously (8-0).

Don Ward moved to vote on the rezone with a Mike Smolek second. Result: 8 votes cast;

7 grant; 1 deny

Findings of Fact:

1. The proposed rezoning is consistent with the goals, objective, and policies of the White County Strategic Plan and any other applicable planning studies and reports, as adopted and amended from time to time. 6 agree; 1 no opinion; 1 disagree

2. The proposed rezoning is compatible with current conditions and the overall character of existing development in the immediate vicinity of the subject property. 7 agree; 1 disagree

3. The proposed rezoning is the most desirable use for which the land in the subject property is adapted. 7 agree; 1 disagree

4. The proposed rezoning will not have an adverse effect on the value of properties throughout the jurisdiction. 7 agree; 1 disagree

5. The proposed rezoning reflects responsible standards for growth and development. 6 agree; 1 no opinion; 1 disagree

The favorable recommendation will be presented to the County Commissioners at 8:45 am at their July 19, 2010 meeting with the following conditions:

Area Plan Commission Commitments & Restrictions For Zoning Change From L-1 To B-2

6510 N. East Shafer Dr., Monticello, Indiana 47960

1) Rezone is to apply only to the parcel with the garage. Owner is required to execute the steps necessary to allow for such application. Passed Unanimously 7-0 at the 6/14/10 APC meeting.

2) Owner must restrict the hours of operation to between 7:00 am and 8:00 pm. Passed Unanimously 8-0 at the 7/12/10 APC meeting.

3) Property reverts back to an L-1 zoning district should either event below occur:

a) Current owner sells property. Passed Unanimously 8-0 at the 7/12/10 APC meeting.

b) Intended use is discontinued for any 12 month period or more. Passed Unanimously 8-0 at the 7/12/10 APC meeting.

4) Property use is to be for a bait shop and products sold are limited to bait and tackle items only. Passed Unanimously 8-0 at the 7/12/10 APC meeting.

5) Property owner must take steps necessary to insure access lane to easement is open at all times. Passed Unanimously 8-0 at the 7/12/10 APC meeting.

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Business

Cathy Russell

Director Joe Rogers reviewed that an escrow account was set up with funds for subdivision road improvements. The time allotted has expired. The work can not be done by the county for the amount in the escrow account so the board asked that Joe contact Cathy Russell to determine her position. Now that the Ordinance has changed to allow one acre lots rather than a minimum of 1.5 acre lots, Cathy would like the opportunity to change her plat to one acre lots and extend the escrow deadline to make improvements to the modified plat. The board agreed the modification must go to the Technical Review Committee prior to being presented to the APC for consideration. A six month extension would be granted to complete this process. Dave Scott moved to accept this concept. Dave Rosenbarger seconded. The motion passed with a unanimous 8 – 0 vote. Director Rogers will contact Cathy Russell and the White County Treasurer to inform them of the board’s decision.

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Zoning Ordinance amendment 12.8.8C

The proposed amendment allows for the APC to pass on a “no recommendation” vote to the legislative body if they have a quorum of members who vote that choice. Previously they could only vote “no recommendation” if they believed they were lacking information needed to make a decision. State statute requires a quorum of members (6) for any vote to pass. It was moved and seconded to accept the amendment as written and passed with a unanimous 8 – 0 vote.

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Zoning Ordinance amendment 3.10 Extractive Manufacturing

This amendment to the Zoning Ordinance would bring the Ordinance into compliance with state statute on extractive manufacturing. A rezone or special exception use can not be required, however, the proposed amendment allows for the APC to require certain documents and put reasonable restrictions on the operation. Following some discussion as to how detailed to get with the requirements, Mike Smolek moved to accept the amendment as written. Dave Scott seconded and the motion passed with a unanimous 8 – 0 vote.

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2011 Departmental Budget

Director Rogers explained to the board that if he submits the budget they proposed, he believes the County Council will arbitrarily make cuts that might affect the operation of the department. He has proposed a budget with a less than 2% increase in departmental expenditures. Don Ward moved to accept the revised budget with a second by Dave Rosenbarger. The motion passed with a unanimous 8 – 0 vote.

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It was motioned and seconded to adjourn the meeting at 8:20 pm.

Respectfully submitted,

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Donald W. Ward, Secretary

White County Area Plan Commission

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Joseph W. Rogers, Exec. 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.” ____________________________________________________________