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APC MEETING AUGUST 8, 2011

The White County Area Plan Commission met Monday, August 8, 2011, at 7:00 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

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

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

Visitors attending were:  Evelyn Leader, Joe E. Dunbar 

The meeting was called to order by President Charlie Anderson. The meeting minutes of July 11, 2011 were approved as written following a Jim Mann motion and a Jim Annis second. 
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#989  The Hornback Company LP; requesting a rezone from A-1 (General Agriculture District) to R-2 (Single and Two-Family Residential District) to conform to the land use.

That part of the Southwest Quarter of the Southeast Quarter of Section 21, Township 28 North, Range 4 West in the Town of Monon, White County, Indiana, described by:  commencing at the intersection of the West line of the Monon Railroad and the South line of the Original Plat of New Bradford, now Monon; thence West along the south line of the said plat for a distance of 199.25 feet to the point of beginning; thence West 146.0 feet; thence South 00 degrees 47 minutes East 60.0 feet; thence

East 146.0 feet; thence North 00 degrees 47 minutes West 60.0 feet to the point of beginning, containing .20 of an acre, more or less; more commonly described as 105 S. Market Street, Monon.

President Anderson read the request.  Director Rogers explained that the applicant desires to transfer a tract of property between the parcel in question and the parcel that adjoins it to the south.  The two parcels are zoned differently rendering the transfer impossible.  Also, the A-1 zoning is baseline zoning and should be changed to reflect the area and the size of the lot.  No one was present to represent the application.  None of the board members had any questions.  Jim Mann moved to vote on the

application; Greg Bossaer seconded.  Result:  7 votes cast; 7 grant

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.  7 agree
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
3.    The proposed rezoning is the most desirable use for which the land in the subject property is adapted.  7 agree
4.    The proposed rezoning will not have an adverse effect on the value of properties throughout the jurisdiction.  6 agree; 1 disagree
5.    The proposed rezoning reflects responsible standards for growth and development.  7 agree

The favorable recommendation will be sent to the Monon Town Council to be heard at their August 15, 2011 meeting at 7:00 pm for a final decision.
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#990  Evelyn Leader; requesting a rezone from I-1 (Light Industrial District) to A-1 (General Agriculture District) to correct a zoning error.

A portion of the East ½ of the Southeast ¼ of Section 16, Township 25 North, Range 5 West, 2nd PM, in Round Grove Township, White County, Indiana, and more specifically described as follows:  Commencing at the southeast corner of the Southeast (SE) Quarter of Section 16, and thence North eighty-nine degrees and zero minutes West (N89º 00’W) along the centerline of the right of way of State Highway 18 on the section line of said section a distance of three hundred thirty-five and six =

(335.6) feet to the point of beginning.  Thence North one degree and ten minutes West (N01º 10’W) a distance of one thousand thirty-nine and zero tenths (1039.0) feet to an iron pin; thence South eighty-eight degrees and fifty minutes West (S88º 50’W) a distance of three hundred thirty-seven and zero tenths (337.0) feet to an iron pin; thence South one degree ten minutes East (S01º 10’E) along a fence line a distance of one thousand twenty-six and zero tenths (1026.0) feet to the centerline

of the right of way of State Highway 18; thence south eighty-nine degrees zero minutes East (S89º 00’E) along said section line a distance of three hundred thirty-seven and six tenths (337.6) feet to the point of beginning.  Said tract contains 8.0 acres, more or less; more commonly described as 6091 W State Road 18.

President Anderson read the request.  Joe Dunbar stepped forward to represent the request.  He explained that when he rezoned the property to I-1, he meant to rezone the adjacent parcel, not the parcel with the house on it.  Director Rogers showed the board the parcel that Mr. Dunbar meant to rezone on the GIS map and explained that he does not understand how the incorrect zoning took place as even by previous ordinances a home has never been permitted in an industrial district.  Jim Mann

moved to vote on the application; Don Ward seconded.  Result:  7 votes cast; 7 grant

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.  7 agree
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
3.    The proposed rezoning is the most desirable use for which the land in the subject property is adapted.  7 agree
4.   The proposed rezoning will not have an adverse effect on the value of properties throughout the jurisdiction.  7 agree
5.    The proposed rezoning reflects responsible standards for growth and development.  7 agree

The favorable recommendation will be sent to the White County Commissioners to be heard at their August 15, 2011 meeting at 8:45 am for a final decision.
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The next order of business was Special Exception Use guidelines.  Director Rogers stated to the board there are 64 different uses in the use chart that required a Special Exception to become an allowed use.  Only five or six of these have specific guidelines outlined in the Ordinance.  Criteria should be developed for all Special Exceptions so the BZA is not left exposed to a lawsuit or the Special Exceptions should be changed to Permitted.  Dave Scott suggested blanket criteria to cover exposed

situations.  Jim Mann asked about comparing with other counties.  Don Ward recommended preparing several sets of criteria and referring each Special Exception Use to the appropriate set.  Joe will present the board with his recommendations for changing some Special Exception Uses to Permitted Uses and correlating those remaining with specific sets of criteria.  The board agreed with this approach.
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The next order of business was the BZA ballot decision criteria.  The APC is the administrative board.  In that capacity they are to set specifics for the BZA.  The current criteria include items such as if “any person” will be affected negatively by the decision; this makes it nearly impossible to pass any variance request.  The board would like Joe to modify the language of the BZA ballot to give the BZA more flexibility in their decision process. 

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At 7:50 pm, Don Ward motioned for adjournment, Jim Annis seconded; so moved.

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Respectfully submitted,


____________________________                   
Donald W. Ward, Secretary                       
White County Area Plan Commission                 


___________________________
Joseph W. Rogers, Exec. Director
White County Area Plan Commission