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APC MEETING SEPTEMBER 12, 2011

The White County Area Plan Commission met Monday, September 12, 2011, at 7:00 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

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

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

Visitors attending were:  Kenneth D George, Louise George, Kerry & Honda Wheeldon, Robert Malchow, Rebecca Trent, Barry & Bev Young, Darl Clemons, Tom Burbage, Luther Melton, Michael Veenhuizen, Joel & Wendy Putt, Wayne & Paulette Putt, Brian & Tami Putt, Eric J Storm, Michael Kesler, Jeff Hart, Larry Brown, Richard R Lowe, Connie Neininger, Don Ringer 

The meeting was called to order by President Charlie Anderson. The meeting minutes of August 8, 2011 were approved as written following a Jim Mann motion and a Jim Annis second. 
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#991  Faith Covenant Church of God; requesting a rezone from R-2 (Single and Two-Family Residential District) to R-3 (Multi-family Residential District) to expand church parking.

Commencing sixty (60) feet South of the Northeast corner of Bennett’s Addition to the town, now city of Monticello, Indiana, thence East One Hundred Eighty-eight (188) feet; thence South sixty (60) feet; thence West One Hundred Eighty-eight (188) feet; thence North sixty (60) feet to the place of beginning, being in the Northeast Quarter of the Northeast Quarter of Section Four (4), Township Twenty-six (26) North, Range Three (3) West, White County, Indiana, containing more or less 26/100 of an acre; more commonly known as 601 Maple Street.

President Anderson read the request and asked if anyone was present to represent the request.  Pastor Darl Clemons stepped to the podium.  Since the commissioners had no questions regarding the petition, Dave Rosenbarger motioned to vote, Jim Annis seconded.  Result:  10 votes cast; 10 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.  9 agree; 1 no opinion
2.    The proposed rezoning is compatible with current conditions and the overall character of existing development in the immediate vicinity of the subject property.  10 agree
3.    The proposed rezoning is the most desirable use for which the land in the subject property is adapted.  10 agree
4.    The proposed rezoning will not have an adverse effect on the value of properties throughout the jurisdiction.  10 agree
5.    The proposed rezoning reflects responsible standards for growth and development.  10 agree

The favorable recommendation will be sent to the Monticello City Council to be heard at their September 19, 2011 meeting at 6:00 pm for a final decision.
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#992  Joel Putt; requesting a rezone from A-1 (General Agriculture District) to A-2 (Agricultural Industry District) for a confined feeding operation.

The North Half of the Southwest Quarter of Section 8, Township 28 North, Range 4 West, in Monon Township, White County, Indiana, containing 80 acres, more or less; located northwest of Monon on CR 200W, ¼ mile north of CR 900N.

President Anderson read the request.  Joel Putt stepped forward to represent the request.  He explained his intentions with the property then introduced Mike Veenhuizen, engineer for the project, to answer further questions.  Mike stated the request is to rezone the entire 80 acres, however 34 acres will be cut out for the confined feeding operation.  They will be using the wooded area on the south property line as a buffer.  The exhaust fans will be on the south side of the buildings and expend directly into the woods.  The intention is to build two buildings on a 500’ x 600’ parcel 1100’ off CR 200 W.  They will exceed minimum requirements of the Zoning Ordinance for confined feeding operations.  A total of over 4000 hogs per building will be brought in over a two week period.  Their application to IDEM can be made available to the Area Plan Office for anyone requesting to see it.  Director Rogers then interjected that five APC members met with Mr. Veenhuizen to discuss the operation and ask any questions regarding the application.  All their concerns were met.  Commissioner Scott asked where the manure will be stored and how disposal will be effected.  The manure will be held in an 8’ deep pit under the buildings.  The pit will hold a minimum of 352 days of manure.  Disposal will be by injection or single pass incorporation; surface application is a possibility, but not a preference as too much benefit is lost without incorporation within a few days; frozen ground application, along with being discouraged by IDEM, should not be necessary because of the capacity of the pits.  Larry Brown, 8898 N 75 W stepped forward to speak his concerns.  It is his belief that prevailing winds out of the North and East will carry odor not only to the surrounding residences, but also into the Town of Monon.  His family has owned a nearby farm for 100 years.  He asked why the Putts didn’t put this operation on lands owned in Pulaski County where there is no zoning so they could do as they please.  Joel Putt answered that it would have been closer to the family farm to do this in Pulaski County, however, that land has no woods as buffer and there is a campground within one half mile so they did not feel comfortable using this ground.  Kenny George, 5479 W 850 N, stepped up to speak for his parents who live within ¾ mile of the site.  His dad takes breathing treatments twice per day so air quality becomes an important factor.  He is also concerned with noise pollution and, being an appraiser, with decreasing property values.  Kerry Wheeldon of 1829 W 900 N asked if this operation would create more traffic and semi’s on the road, also what will happen to the water tables with 8000 hogs drinking water?  Mike V. answered that feed deliveries would take place once per week (semi) and twice per year transporting hogs for a two – three week period.  Mike did not know the actual traffic pattern.  Joel Putt said they would travel the better quality roads, either SR 16 or US 421 to 900 N, most likely not utilizing 200 W.  Mike then explained that 8000 hogs would only require pumping 3 – 5 gallons of water per minute, nothing significant.  Fred Mosher of 8323 N 200 W stated concerns about the water table.  IDEM regulates this.  Kerry Wheeldon asked if they have plans for future expansion.  Joel said not in the near future.  IDEM regulates the number of barns allowed.  Kerry also asked if compensation would be forthcoming for decreased property values.  President Anderson responded that would not come from this Board.  Brian Putt, Joel’s father, stated that he has been raising pigs for 19 years and they will do their best to eliminate odor.  He can not guarantee there will be none, but there will be as little as possible.  Dave Rosenbarger moved to vote; Jim Annis seconded.  Result:  10 votes cast; 8 grant; 2 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.  9 agree; 1 no opinion
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; 2 no opinion; 1 disagree
3.    The proposed rezoning is the most desirable use for which the land in the subject property is adapted.  4 agree; 5 no opinion; 1 disagree
4.    The proposed rezoning will not have an adverse effect on the value of properties throughout the jurisdiction.  1 agree; 5 no opinion; 4 disagree
5.    The proposed rezoning reflects responsible standards for growth and development.  8 agree; 1 no opinion; 1 disagree

The favorable recommendation will be sent to the White County Commissioners to be heard at their September 19, 2011 meeting at 8:30 am for a final decision.
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The first order of business was the Chalmers T.I.F. district.  Rebecca Trent, attorney for the Town  of Chalmers and for the Chalmers Economic Development Commission, explained that the proposed TIF (tax increment financing) district would encompass the entire town limits of Chalmers.  It would apply to new commercial or business construction taking place within the district.  The taxes generated by the increase in value of the property would go to the Chalmers Economic Commission rather than the county.  These funds in turn would be used for development purposes such as sewers, water, parks, etc.  Connie Neininger, White County Economic Development Director, stated that the county currently has two TIF districts, Reynolds Verasun and the Wolcott Corridor.  Whatever entity has the TIF district must have an Economic Development Commission and the funds received by that Commission must be used for public infrastructure.  Monticello has a TIF district and their own Economic Development Commission.  Dave Scott motioned to vote; Dave Rosenbarger seconded.  The motion carried with a 10 – 0 vote.
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Director Joe Rogers explained to the board that he had a complaint regarding a personal advocacy sign on residential property.  The sign consists of two 4’ x 8’ sheets of wood professionally painted.  The ordinance purposely did not address this type of sign due to freedom of speech infringement.  Does the board want him to tackle this or ignore it?  The board voted 10 – 0 to proceed with a hands-off approach.
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The next order of business was Special Exception Use guidelines.  As discussed in the August 8th meeting, Joe provided the board with seven categories and the Special Exception Use that would fall into each category.  He asked that the board look these over to determine if the board is in agreement with the outlined categories and fields within.  The board agreed this was a reasonable approach and Joe should continue with the project to define criteria for each category.
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Next, Joe pointed out to the board that our ordinance does not comply with state statute regarding antennae/satellite dishes greater than two feet in diameter.  The board agreed Joe should research other county ordinances and present the board with an amendment to our ordinance so we are in compliance with state statute.
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Next order of business was baseline zoning.  Director Rogers informed the board that there is baseline zoning (zoning determined with the inception of Area Plan) that, for example, is a business zoning in a residential district.  These homes are legally nonconforming.  Our ordinance does not allow
expansion of nonconforming structures, nor does it allow a nonconforming structure to be reconstructed if it should be destroyed.  Lenders are denying funding in these situations.  The board agreed the rezone filing fee should be waived in such cases.  The only way to avoid the time delay of possibly two months for a homeowner waiting for a meeting is to implement the Hearing Examiner procedure.  Joe Rogers was nominated as Hearing Examiner.  No other nominations were forthcoming.  Dave Rosenbarger moved that the board vote to appoint Joe as Hearing Examiner.  Dave Scott seconded.  The vote passed 10 – 0.  Dave Scott motioned to assign the task of rezoning of baseline errors to the Hearing Examiner.  Dave Rosenbarger seconded.  The motion carried 10 – 0.
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The final order of business for Director Rogers was to get clarification from the board regarding partial zonings.  Previous ordinances allowed a single parcel to have a portion of it zoned differently than the entire parcel.  The current ordinance not only does not allow this, it states that the Director must determine which zoning district applies and assign one zoning to the parcel.  The problem that arises is that oftentimes farm property was partially rezoned to allow for an off-premise sign, generally a billboard.  The state does not allow off premise signs on agriculturally zoned property.  The state has begun proactively requiring permits for all signs located on FAP’s, even signs that are 50 years old and more.  The board agreed that Joe should draft an amendment to the Administrative Subdivision portion of the ordinance to allow for a parcel to be subdivided when a split zoning condition exists, even though this may create lots that do not meet minimum lot size requirements and would therefore likely be deemed unbuildable by current zoning standards.
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At 9:15 pm, Dave Rosenbarger motioned for adjournment, Dave Scott 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


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.”   ____________________________________________________________



APC MEETING JULY 11, 2011 CONTINUED