MINUTES

WARRICK COUNTY AREA PLAN COMMISSION

Regular meeting held in Commissioners Meeting Room,

Third Floor, Court House,

Boonville, IN

Wednesday, May 12, 2004, 6:00 P.M.

MEMBERS PRESENT: Guy Gentry, President, Robert Addington, Phil Baxter, Duane Erwin, Gary Michel, Mike Moesner and Larry Willis.

Also present were Sheila Lacer, Assistant Director, Les Shively, Attorney and Susan Weigman, Staff.

MEMBERS ABSENT: None.

Absent was Sherri Phillips, Executive Director.

MINUTES: Upon a motion made by Duane Erwin and seconded by Larry Willis the Minutes of the last regular meeting held April 14, 2004, were approved as circulated.

The Assistant Director stated to anyone in the audience is present for the hearing on PP-04-06 that the item would need to be continued due to them not receiving Drainage Board approval today.

The President explained the Rules of Procedure to the audience.

SUBDIVISIONS FOR PRIMARY PLAT APPROVAL:

PP-04-03 – Willow Creek Subdivision by Thomas J. & Kathy Merrill. 72.9254 acres located on the E & W side of Pigeon Valley R. approximately 0’ S of the intersection formed by Pigeon Valley Rd. (E 50) & New Hope Rd. (S 300), Boon Twp. (Complete legal on file.) Advertised in the Boonville Standard April 1, 2004. Con’t from last regular meeting held April 14, 2004.

Thomas Merrill and Bill Bivins, ACCU Survey were present.

The President called for a staff report.

The Assistant Director stated they have submitted the return receipts from certified mail of notice of the public hearing to the adjacent property owners. She stated the property is zoned “A” Agriculture which requires a 100’ at the building line and a minimum lot area of ½ acre unless a septic system is required and then the lot must be a minimum of 2 ½ acres. Mrs. Lacer stated the property is mostly in the 500 year flood plain but there is a portion of the property along New Hope Road that is in a 100 year zone A9 flood plain. She stated the Base Flood Elevation has been determined at 385’ and certified plot plans will be required to certify the first floor of any structure will be 2’ above the BFE or they will have to fill the property and file for a Letter of Map Amendment. She added the subject property consists of 72.92 acres to be divided into 23 residential lots. Mrs. Lacer stated they appeared before the County Commissioners today and were requesting no improvements be required to Fleming Road, New Hope Road or Pigeon Valley Road, however, the Commissioners ruled that they would be required to place $6,000 in the County Road Donation fund to assist with paving for those roads. She stated the Drainage Board approved the drainage plan and the Health Department has signed off for septic locations as well as for wells or cisterns. She stated this is a proposed residential development and the plat is in technical conformity with the Subdivision Control Ordinance.

Bill Bivins stated they have submitted plans to FEMA to have a Letter of Map Amendment to remove the majority of this property from the flood plain. He then added that they do plan on extending a water line from Yankeetown to serve this area. He commented that will also help the adjacent property owners. He stated they also have agreed to help the County with the road work on Pigeon Valley and Fleming Road with a $6,000 road fund donation.

Mike Moesner asked if they will be able to remove most of the property from the flood plain.

Mr. Bivins stated the only portion of the property that is truly in a flood zone is the area along the ditch. He stated the rest of the property elevation is actually above the BFE but the maps show the property to be in the flood plain. He stated he will have to perform a survey and submit the documentation to FEMA to prove this. Mr. Bivins explained the maps are drawn to a 1” = 2,000’ so a pencil point is 100’ on the map.

Larry Willis asked about running water lines to the subdivision.

Mr. Bivins stated they will run the lines from Pelzer Road up Fleming Road to Pigeon Valley Road and then in both directions along New Hope Road.

Thomas Merrill commented that this will increase the water pressure for the people south on Pigeon Valley Road.

Bill Bivins stated they will increase the water lines from 3” to 6” which will increase the volume.

Robert Addington asked if they will all be on septic systems to which Mr. Bivins stated the Health Department has signed off on all of the sites and they are shown on the plot plans.

Mike Moesner asked if each lot will have its own entrance to which Mr. Bivins stated some of the lots will share driveways but each will have part of the entrance on each lot.

Larry Willis asked if the sight distance will be alright on these drives to which Mr. Bivins stated the County Engineer has reviewed the plans.

Mike Moesner stated this is primarily an agriculture area and asked if there are any other buildings of any significance out there.

Mr. Bivins stated there are some houses along Fleming Road and New Hope Road.

Ascertaining there were no other questions from the Board, the President called for remonstrators.

Rita McConnell stated she lives on Fleming Road and her biggest worry is the septic site on the lot right next to her. She stated that site is very close to her well and she knows that the rule of thumb is that it only needs to be fifty feet from a well but she is not thrilled about it being so close to her well. She stated she knows they are bringing in water but what if she doesn’t want to pay the tap in fee. She asked if there is anything she can do to not have the septic site there.

Discussion ensued over the approved site compared to the location of the drilled well with Mr. Bivins stating they don’t have a problem in taking away that particular site from the lot.

Mr. Merrill asked her if she would have a problem connecting to the water lines if he purchased the tap in for her and asked her to discuss the matter with her after the meeting.

Ascertaining there were no other remonstrators present, the President called for a motion.

Mike Moesner made a motion to approve PP-04-03 Willow Creek Subdivision. The motion was seconded by Robert Addington and unanimously carried.

PP-04-06 – Elberfeld Industrial Park by the Town of Elberfeld, Duane Erwin, Pres. OWNERS: Town of Elberfeld, Duane Erwin, Pres. & Stoltz Structural, Inc, Linda Stoltz, Pres. 27.52 acres located on the N side of Seven Hills Rd. approximately 0’ N of the intersection formed by Seven Hills Rd. (N 750) & St. Johns Rd. (W 1100), Greer Twp. (Complete legal on file.) Advertised in the Boonville Standard April 1, 2004. Con’t from last regular meeting held April 14, 2004.

Robert Addington made a motion to table PP-04-06 to the next regular meeting. The motion was seconded by Larry Willis and unanimously carried.

The President explained that any rezoning petition receiving a recommendation this evening will be forwarded to the County Commissioners on Wednesday, June 9, 2004, at 4:00 p.m. Commissioners Meeting Room, Courthouse, Boonville, Indiana.

REZONING PETITIONS:

PC-R-04-09 - Petition of June C. Barron to rezone .72 acres located on the W side of Epworth Rd approximately 1000’ N of the intersection formed by Stahl Rd. (S 375) & Epworth Rd. (W 1050). Ohio Twp. from “A” Agriculture to “C-4” General Commercial zoning district. (Complete legal on file.) Advertised in the Boonville Standard April 28, 2004.

June Barron was present.

The President called for a staff report.

The Assistant Director stated she has submitted the return receipts from certified mail of notice of this meeting to the adjacent property owners. She stated they are requesting to rezone .72 acre from Agriculture to “C-4” General Commercial and there is no minimum lot requirements for zoning and the minimum yard requirements is 5’. Mrs. Lacer stated the Comprehensive Plan projects the area to be commercial and Ms. Barron is living on the property and running her existing massage therapy business there. She stated all of the surrounding property is currently zoned Agriculture with residences to the north and south and the remaining adjacent property being vacant. She added the property lies within a 500’ year flood plain but no special permits are required for buildings. Mrs. Lacer stated the property fronts Epworth Road and she may need to upgrade her driveway to a commercial permit. She stated according to the application the stated use is for a Massage Therapy Service Business. Mrs. Lacer stated that particular use is not listed anywhere in the Comprehensive Zoning Ordinance but personal service businesses are allowed in a “C-1” such as beauty shops & barber shops. She asked Attorney Shively if this could be classified as a similar use.

Attorney Shively indicated that a “C-1” zoning would be the appropriate zoning classification.

Mrs. Lacer then added this property is located in a proposed TIF district, however the Redevelopment Commission will hold their meeting on May 20, 2004, and the rezoning will be heard at the County Commissioners meeting on June 9^th for final approval or denial. She added the application is in order.

Guy Gentry asked Ms. Barron if she wants to rezone the property in order to bring it into compliance and how long she had been operating her business.

Ms. Barron stated she has been operating her business for nine or ten years.

Guy Gentry asked if there was a complaint filed regarding this business to which Mrs. Lacer stated no complaint was filed; Ms. Barron just came into the office to rezone her property.

Robert Addington asked if this is her main source of income to which Ms. Barron stated it is.

Guy Gentry asked if there was a reason she asked for a “C-4” zoning instead of a “C-1” zoning to which Ms. Barron stated she didn’t know that much about the procedure.

Guy Gentry asked if she would be willing to go to a “C-1” zoning because they don’t like to over zone property to which Ms. Barron stated she would be in agreement to amend her application.

Larry Willis asked how far this property is from S.R. 66 to which she stated she is near Stahl Road.

Attorney Shively stated before the Board acts on the rezoning she would need to request an amendment to her petition if she so desires.

Mike Moesner asked if she has any employees to which Ms. Barron stated she is the only employee.

Guy Gentry asked if she wants to amend her petition to request a “C-1” zoning to which Ms. Barron stated she did.

Robert Addington made a motion to allow PC-R-04-09 to be amended to request a “C-1” Neighborhood Commercial zoning. The motion was seconded by Larry Willis and unanimously carried.

Ms. Barron initialed the amendment on her petition.

Phil Baxter made a motion to recommend approval to the County Commissioners of PC-R-04-09 from “A” Agriculture to “C-1” Neighborhood Commercial. The motion was seconded by Duane Erwin and unanimously carried.

PC-R-04-10 - Petition of Deaconess Hospital, Inc. by Shawn McCoy, VP of Administration to rezone 3.79 acre located on the W side of Epworth Rd. (W 1050) approximately 900’ S of the intersection formed by Epworth Rd. and Gateway Blvd. approximately 442’ W of Epworth Rd. & being adjacent to Deaconess Gateway, Ohio Twp. from “C-4” General Commercial to “M-1” Light Industrial zoning district. (Complete legal on file.) Advertised in the Boonville Standard April 28, 2004.

Kent Brasseale, Attorney, was present.

The President called for a staff report.

Mrs. Lacer stated this application and the following application are adjacent properties and the staff report for both will be similar. She stated the return receipts from certified mail of notice of this meeting to the adjacent property owners have been submitted for both petitions. She stated this application is to rezone 3.79 acres from “C-4” General Commercial to “M-1” Light Industrial and there is no minimum lot area required and a 5’ yard is required. She stated the Comprehensive Plan projects the area to be Commercial and bordering on the West to be Industrial and the East to be Moderate to High Density Residential. Mrs. Lacer stated this land is currently vacant and has been bought from the Trustee of Ohio Twp. She stated a Minor Subdivision will have to be done before any permits can be issued and the land will be used as part of the Gateway expansion. She explained this property is located in a proposed TIF district, however the Redevelopment will hold their meeting on May 20, 2004, and the rezoning will be heard at the County Commissioners meeting on June 9^th for final approval or denial. She stated the property to the north is Deaconess Gateway Hospital zoned M-1, Light Industrial; to the south is a house zoned “C-4” General Commercial; to the east is the Fire Department zoned “C-4” General Commercial and to the west is Crossroads Christian Church zoned “A” Agriculture. She stated there is no flood plain on the property and it will be accessed though Gateway Blvd (a private road) off Epworth Rd. from the adjacent property they currently own but they do have plans to have another entrance to the property off Epworth Road close to the fire station property. She stated the stated use is for facilities to be used by hospital on adjoining real estate which is allowed in this zoning. She added that their surveyor is working on filing a minor subdivision showing this division as well as the division off of the fire station and off the Crossroads Church property. She stated the application is in order.

Larry Willis asked if the rest of the Gateway facility is zoned “M-1” to which he was informed it is. He then stated he wanted to make clear that his fence company has been asked by a general contractor working on the Gateway project to make a bid on some of the fencing to be done at the facility. He asked Attorney Shively if he felt there would be a conflict of interest.

Attorney Shively stated he was invited by one of the contractors to make a bid not the Deaconess holding company and there isn’t a conflict.

Guy Gentry stated he didn’t think there is a conflict either. Ascertaining there were no other comments from the Board and being no remonstrators present, he called for a motion.

Duane Erwin made a motion to recommend approval to the County Commissioners of PC-R-04-10 from “C-4” General Commercial to “M-1” Light Industrial. The motion was seconded by Robert Addington and unanimously carried.

PC-R-04-11 – Petition of Deaconess Hospital, Inc. by Shawn McCoy, VP of Administration to rezone 1.9821 acres located on the W side of Epworth Rd. (W 1050) approximately 900’ S of the intersection formed by Epworth Rd. and Gateway Blvd., approximately 1500’ W of Epworth Rd and being adjacent to Deaconess Gateway, Ohio Twp., from “A” Agriculture to “M-1” Light Industrial zoning district. (Complete legal on file.) Advertised in the Boonville Standard April 28, 2004.

The President called for a staff report.

The Assistant Director stated this application is to rezone 1.9821 acres from “A” Agriculture to “M-1” Light Industrial. She stated the staff report for this application is the same as the previous petition.

Guy Gentry asked if they have a purchase agreement with the church to which Attorney Brasseale stated they already have purchased the property.

Ascertaining there were no other questions from the Board and being no remonstrators present the President called for a motion.

Robert Addington made a motion to recommend approval to the County Commissioners of PC-R-04-11 from “A” Agriculture to “M-1” Light Industrial. The motion was seconded by Phil Baxter and unanimously carried.

OTHER BUSINESS:

Formal Complaint: Cleveland & Debra Snodgrass, 1866 E. New Hope Road – Alleged Salvage Yard. Granted 90 days on December 10, 2003. Granted to May 12^th meeting on March 10, 2004.

Inspection done April 28, 2004. Violation has been removed.

Mrs. Lacer stated she and the Executive Director went to the property and took pictures to show the property has been cleaned up.

Robert Addington made a motion to find the property no longer in violation and to close the file. The motion was seconded by Larry Willis and unanimously carried.

Payment of Claim – Comprehensive Zoning Ordinance update - BLA – $2,640

The Assistant Director stated this is another partial payment for the ordinance update and there is money in the line item.

Duane Erwin made a motion to pay the claim. The motion was seconded by Robert Addington and unanimously carried.

ATTORNEY BUSINESS:

Attorney Shively stated following the regular meeting next month, June 9^th at 7:00 they will have the public hearing for the Comprehensive Zoning Ordinance. He stated there are copies available to the general public in the Plan Commission Office. He stated they had their first meeting last week for the Subdivision Control Ordinance update and they outlined issues the various groups wanted addressed. He stated the technical people from BLA are taking the lead in this update since this ordinance deals with more technical issues. He stated this update should go a lot quicker and they will make good progress.

Discussion ensued that if the regular meeting is not over at 7:00 p.m. the Board can recess from the regular agenda to hold the hearing on the ordinance, or they can finish their business and then proceed to the ordinance.

Gary Michel asked how the changes in the Agriculture zoning will be handled.

Attorney Shively stated it would probably be best to do in conjunction with the public hearing.

Discussion ensued over the possible zonings or limitations for agriculture subdivisions with Attorney Shively suggesting they get together with the Executive Director after she returns from vacation to discuss his ideas.

EXECUTIVE DIRECTOR BUSINESS:

The Assistant Director stated she needs the Board to sign the BLA Contract because the signature sheet had incorrect names on it last month.

Gary Michel passed out a flyer of a program that could be scheduled for the Board to attend.

Being no other business the meeting adjourned at 7:00 p.m.

______________________________

Guy Gentry, President

ATTEST:

________________________

Sheila Lacer, Assistant Director