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APC MEETING JANUARY 9, 2012

The White County Area Plan Commission met Monday, January 9, 2012, at 7:00 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

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

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

 

Visitors attending were: Jerry Altman, Michael Lewellen, Nancy Dean, Angie Wealing, Doug Raderstorf, Mark Bentlage, Chris McGill, Dennis McGill, Rick Roach, Connie Neininger, Perry McWilliams, Rod McDarrel, Sandra McDarrel

The meeting was called to order by President Charles Anderson. The first order of business was reorganization. Dave Scott motioned to keep the officers the same as last year, Charlie Anderson President, Jim Mann Vice President and Don Ward Secretary. Mike Smolek seconded. The motion passed with an 8 – 0 vote. Next was nominations for Executive Director; Don Ward nominated Joe Rogers; Jim Mann seconded; the motion passed with an 8 – 0 vote. Next were nominations for Area Plan Attorney; Dave Scott moved to keep Ben Diener; Jim Annis seconded; that motion also passed with an 8 – 0 vote. The meeting minutes of November 14, 2011 were approved as written following a Jim Mann motion and a Jim Annis second and an 8 – 0 vote.

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Subdivisions:

East Chester Estates Addition #1; Director Rogers explained that in August 1993 the property that is now East Chester Estates was rezoned from A-1 to R-5 (now R-2). When Mr. Hendryx applied for the subdivision in 2006, he was told in error by the Area Plan staff that the property was zoned A-1. It is the belief of the current staff that the error occurred because previous administrations relied on memory rather than updating the zoning maps and that the current proposed plat represents the correct zoning, that which was approved by the APC in 1993. Mr. Hendryx was present to request the board allow the plat to be amended with R-2 zoning and setbacks. The board granted Mr. Hendryx’s request with an 8 – 0 vote. Director Rogers reminded Mr. Hendryx to bring a mylar original of the amended subdivision to the office to be approved prior to recording.

Rezones:

#996 - #999 McWilliams Construction Inc; requesting a rezone from R-2, Single and Two Family Residential District to L-1, Lake District to update to the current ordinance.

Twenty (20) feet off of the entire West side of Lot Number F; Lot Number G; Fifty (50) feet of even width off the entire East side of Lot Number H; Forty (40) feet off of the East side of Lot Number F, Plat A in O’Connor’s Riverside Addition in Union Township, White County, Indiana; more commonly known as 439, 447, 453 and 457 E Lakeside Drive, Monticello.

Director Rogers read two letters against the request into the record (attached). Perry McWilliams was present to represent the request. He explained he has already done considerable work to improve the properties and intends to build new single family homes on the lots. As the zoning is currently R-2, he could build duplexes or two residences. This is not his intent. The L-1 zoning, while not only being appropriate zoning for the parcels per ordinance, will restrict him to one single family residence per lot. Dennis McGill stepped forward to state his opposition to the request. He said it will not improve the neighborhood, but will instead clutter the neighborhood. Mr. McWilliams stated one of the four lots is only 20’ wide so he will pursue transferring a tract to bring the existing encroaching home into compliance. This will result in four approximately 40’ wide lots. Bob Janes came forward to voice his opposition. He is concerned that the L-1 zoning allows structures to be too close to each other. R-2 requires 10’ from the side property line whereas L-1 requires a minimum of 6’ with a sum of 14’ between the two side setbacks. The distance between structures stays the same regardless. Dennis McGill again stepped forward to state there is only parking for two vehicles on each lot. When boats are brought in, it will be too crowded. Commissioner Mike Smolek pointed out the minimum lot width is 60’. Director Rogers explained that standard is for new development, not existing lots. These lots are grandfathered for area and width. Commissioner Dave Scott inquired as to whether or not Mr. McWilliams was willing to entertain the notion of combining lots so he would have three 60’ lots vs. four 40’ lots. Mr. McWilliams was against this avenue as he currently has four separate lots and wants to keep four separate lots. He has already initiated lakefront improvements including constructing four docks for the lots. Mr. McWilliams requested the board cast one vote for all four lots as he does not desire to have multiple zonings. The board voted 7 in favor, 1 abstention to vote on one ballot. Jim Annis motioned to vote on the request. Jim Mann seconded. Result: 8 votes cast; 8 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. 6 agree; 2 no opinion; brings into compliance with new ordinance

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 no opinion; limits to 1 family homes

3. The proposed rezoning is the most desirable use for which the land in the subject property is adapted. 5 agree; 3 no opinion; lake property

4. The proposed rezoning will not have an adverse effect on the value of properties throughout the jurisdiction. 6 agree; 2 no opinion; improve the area

5. The proposed rezoning reflects responsible standards for growth and development. 4 agree; 4 no opinion

The favorable recommendation will be sent to the County Commissioners to be heard at their January 17, 2012 meeting at 8:30 am for a final decision.

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CONTINUED#1000 Richard C. Roach II; requesting a rezone from A-1, General Agriculture District to I-2, Heavy Industrial District to construct an anerobic agricultural digester plant

A Part of the Northeast Quarter of Section 8, Township 26 North, Range 3 West and the East Half of the Southeast Quarter of Section 5, Township 26 North, Range 3 West, Union Township, White County, Indiana, containing 7.64 acres more or less; more commonly known as 4903 E Luse Rd, Monticello.

Director Rogers stated that although the applicant requested a continuance until the March 12, 2012 meeting, they also requested an audience with the board tonight. Rick Roach came forward and invited four board members of the board’s choice to partake in a trip to Wooster, Ohio to visit an operating digester of the same sort they intend to construct here. Jim Annis, Mike Smolek, Jim Mann and Denny Sterrett agreed to go. Dave Scott agreed to go as alternate. Mr. Roach requested that after the meeting, the four board members and Joe decide what day they would like to go and inform Mr. Roach of their decision. It was decided to propose the visitation take place on Wednesday, January 18, 2012. Mr. Rogers will convey this information to Mr. Roach and get back with the board members.

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#1001 Michael A & Marcia K Lewellen; requesting a rezone from A-1, General Agriculture to L-1, Lake District to conform with the use of the parcel as a single family residence on the water

A tract of land out of the North of the Southwest Fraction lying West of the Tippecanoe River in Section Twenty-one (21), Township Twenty-seven (27) North, Range Three (3) West in Union Township, White County, Indiana, containing Fifteen Hundredths (.15) of an acre, more or less; more commonly described as 1721 N Francis Street, Monticello.

Director Rogers informed the board the subject property currently has two violations for which the warning letter has been sent to the applicant. The applicant previously applied to the BZA for a variance to build a garage in which three setback variances were required, a front, rear and side setback. The BZA is still considering the front and rear setbacks, but has denied the side setback. The applicant’s foundation is currently too close to the side property line, plus, he has added sill plates since his request was denied. Attorney Altman, in representation of the rezone request, stated the applicant wishes to rezone his single family residence on the water to L-1, Lake District. This zoning appears to fit with the use of the property. Dave Scott motioned to vote; Mike Smolek seconded. Result: 8 votes cast; 8 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. 8 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. 8 agree

3. The proposed rezoning is the most desirable use for which the land in the subject property is adapted. 8 agree

4. The proposed rezoning will not have an adverse effect on the value of properties throughout the jurisdiction. 8 agree

5. The proposed rezoning reflects responsible standards for growth and development. 8 agree

The favorable recommendation will be sent to the Monticello City Council to be heard at their January 17, 2012 meeting at 6:00 pm for a final decision.

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Business:

Meadowbrook 2 Subdivision: Nancy Dean was present to discuss Meadowbrook Subdivision. She bought a lot in 1999 and was told the roads would soon be complete. As yet, there are no roads other than the county roads bordering the subdivision. Ms. Dean has had a gravel road put in for her own personal use for which she has born the initial expense and subsequent maintenance. She is unsure as to exactly where the road is supposed to be. Director Rogers explained that Cathy Russell called the office to offer the following: the county should take the subdivision escrow money and build a road as far as the money will afford. As she sells lots along that road, she will invest the money received to extend that road and build more roads. The board asked for volunteers to be on a committee to look into using the escrow funds to build a road as far as Ms. Dean’s property. Don Ward and Denny Sterrett volunteered. They will investigate and report back at the March meeting.

Special Exception Use: Director Rogers reminded the board that so far he has provided them with a narrowed down list of items requiring a special exception use by the BZA. From that list he has put the items into seven categories with the idea that each category will contain a list of criteria the BZA must consider when granting a special exception use. Mike Smolek expressed an opinion that the list be narrowed down further. After much discussion it was agreed to form a committee to start back at the beginning and come up with a new special exception use chart, categories and criteria. Committee members will be Mike Smolek, Jim Mann and Joe Rogers.

Well Head Protection/Overlay District Change Request: After further consideration, Director Rogers came to the conclusion that the most efficient way to get information to the municipalities regarding construction in a well head protection area is to ask the Building Department to forward a copy of the monthly building permit report to a designated person of each municipality. Commissioner Scott said this would be satisfactory to him. Director Rogers will inquire as to the contact person for each municipality and forward that information to the Building Department.

Livestock: Greg Bossaer is investigating other counties rules regarding livestock and will report to the board at the March meeting.

Subdivision Variance Request: Director Rogers is of the opinion that the BZA can not grant variances in platted subdivisions. If the lot is platted, setbacks can only be changed by amending the plat through the APC, the board that approved the plat in the first place. State law gives the BZA the right to deviate from the zoning ordinance, not from the subdivision ordinance. If the setbacks are listed on the plat, the only way to amend them is in front of the APC. Director Rogers requested further discussion on this topic take place at the next APC meeting.

Annual Report: Director Rogers began by explaining to the board that going into his fourth year, he is still not at the salary level paid to the Executive Director in 2008 or that which was slated for that director for 2009. President Anderson spoke on Director Rogers behalf by stating the office is more efficiently run, the budget has been cut by nearly 26% in just three years and the Ordinance has undergone a major overhaul for the better. There is $6,000 that can be shaved from other areas of the budget and adjusted into the Director’s salary. The county paid $100,000 for a new ordinance and the corrections and improvements Mr. Rogers has made to that ordinance are worth well more than $6,000. The previous director was paid $35448.69 for 2008 and was slated to receive a base salary of $34,975 for 2009. Mr. Rogers hired in at $31,000 in 2009 and is budgeted to receive $34,090 for 2012, still less than was paid in 2008. According to state statute and case law, the APC has the ability to set the Director’s salary within the budgetary limits provided by the Council. It was passed by an 8 – 0 vote of the board that President Anderson and board members go to the next Council meeting on the 17th to request the adjustment of the $6,000 from other specific areas of the budget into the Director’s salary. The only other area of the Annual Report the Director brought to the Board’s attention was the closing statement regarding the lack of response to Area Plan by Manatron, the company that administrates the GIS map.

E-mailing of Packets: Gayle Rogers asked the board’s permission to email rather than mail the meeting packets. There was concern that they may have trouble printing some documents. Secretary Rogers suggested she make sure hard copies of staff reports and surveys are available at the meetings. They said this would be satisfactory. We will begin emailing meeting packets with the March meeting.

Member Public Information: Secretary Rogers asked the board what they considered was appropriate information to divulge to the public when someone asks for a listing of board members. It was decided no more than names should be revealed.

Ordinance Book Updates: Gayle reminded the board members to bring their ordinance books in to the office so she could update them with the revised ordinance that incorporates all the amendments thus far.

Digester Criteria: Director Rogers mentioned he has been approached to add to the ordinance criteria for digesters similar to the chapter for wind energy. He asked the board think about this for the March meeting.

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There being no further business, at 9:50 pm, Jim Annis moved for adjournment, Mike Smolek seconded; so moved.

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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.” _________________________________________________