MINUTES

WARRICK COUNTY AREA PLAN COMMISSION

Special Meeting held in the Commissioners Meeting Room

Third Floor, Court House

Boonville, Indiana

June 9, 2004, 7:00 P.M.

MEMBERS PRESENT: Guy Gentry, President; Robert Addington, Duane Erwin, Gary Michel, and Larry Willis.

Also present was Sherri Phillips, Executive Director; Leslie Shively, Attorney; and Susan Weigman and Julie Hemmings, Staff.

MEMBERS ABSENT: Phil Baxter and Mike Moesner.

The meeting was called to order and roll call taken and a quorum declared present.

The President stated that the purpose of this special meeting is to adopt the amendments to the Comprehensive Zoning Ordinance of Warrick County. He stated the amended ordinance proposed includes the geographic unincorporated area of Warrick County and the incorporated communities of Elberfeld, Lynnville, and Tennyson.

The President call for a report.

Attorney Shively stated this is the public hearing that is required by statute to consider the substantial amendments to the Comprehensive Zoning Ordinance for Warrick County and the participating municipalities. He stated to let him just take a moment if he could to tell the Board what the process is, what the major changes are, and then they can proceed as the President wants. He stated maybe comments from the Board and then comments from the public. He stated a lot of citizens and elected officials participated in this effort. He stated the staff participated wonderfully and we would not be where we are at without that.

He stated here are the major highlights. He stated we have updated the definitions and tried to eliminate definitions that were not necessary and somewhat redundant. He stated a major feature that we did not have before and there is no way for us to regulate is on premise and off premise signs, we now have regulations for that. He stated the number of signs per district and where you can have off premises signs. He stated there is also going to be use and development commitments and it was somewhat appropriate to have a petition to rezone 38 acres to “C-4” and not have a planned use. He stated this will eliminate any petition coming before the Board without a use and development commitment, which will require technical review from key staff. He stated this will not be a detriment to development, but should enhance development.

He stated all references to Flood Plain and Flood Zones will now have a Flood Hazard Protection section that conforms to the new State law. He stated Planned Unit Development Article was limited to residential, the group thought it was needed to update to conform to the statutory requirements and to provide for mixed uses for residential, commercial, and even industrial.

He stated in the ordinance currently there are Conditional Uses, Variances, and Special Exceptions, now there will only be Variances and Special Uses. He stated Conditional Uses were a way around rezoning property, so now everything will be a Special Use. He stated the development standards such as front yard, rear yard, side yard, lot size, all those have been consolidated into an easy to follow chart, and will be more user friendly. He stated Warrick County did not have any way to regulate adult businesses and that is now covered. He stated with provisions regarding mobile home parks and facilities we were not in keeping with State law and there were some inconsistency. He stated that has all been cleaned up and is now consistent with State law.

He stated fees were set by ordinance and now there will be flexibility for the Plan Commission to set various fees for their services which the Plan Commission has the authority and right to do from time to time. He stated this will help with the administrative cost of running the office if the people will use the services. He stated it will still take an action by the Plan Commission, but not a full blown ordinance. He stated those are the main highlights and he would be happy to answer any questions. He stated they were a couple of developers who made comments on condominiums and how we are going to handle them. He stated for the record, in the context of zoning we can certainly require them to be in a certain zoning and the most logical would be an “R-3”. He stated we can also require them to have a development plan, but in keeping with his conversation with Ms. Phillips, Indiana law has a very specific statute on condominiums and anyone that is creating a structure with a common wall and then deeding it off, it is a violation of the horizontal regimen act, it is not good title and is a defect in title. He stated it is something that the Plan Commission cannot police, but by putting in the “R-3” and having a development plan, maybe we can catch some of them.

Guy Gentry stated people are doing that all over this county now and the banks do not have a problem with it.

Attorney Shively stated he knows that and the statute is very specific, you have to file all this paper work and a layout for the legal of the description of the property, there has to be bylaws for the association, and it all has to be recorded and be in the chain of title. He stated if you are trying to convey half of a building and some land, it is not a good conveyance without all the other documents.

Mr. Gentry stated it is an assessing nightmare.

Attorney Shively stated it is not only an assessing nightmare, but it is an unfortunate thing because title companies are missing a lot of this stuff.

Ms. Phillips stated what happens is a builder comes in to get a permit for a duplex and they meet all the requirements, but after that they start selling them. She stated we have no idea unless they come in to add something on to it. She stated we would not issue them a permit if it was divided before hand.

Attorney Shively stated he thinks the only way to prevent that from happening is to require the “R-3” zoning and the development plan, but that will only catch part of it. He stated theoretically there is a statute to regulate that from happening, but the people to catch it or pass over it is the people that give it clear title. He stated it would be no different than if they found a 100’ wide easement running through your structure, no one is going to insure title on that, it is no difference.

Mr. Gentry asked if that is how they do all the condominiums in Florida.

Attorney Shively stated yes, and it is all recorded.

Ms. Phillips stated in Quail’s PRUD, they sell of the unit but the ground remains common ground. She stated they write legal descriptions around the home and sell just the home. She then asked since there are participating towns, after this is recommended to the County Commissioners, what happens with each town.

Attorney Shively stated once the Plan Commission has made its amendments and changes and “Certified” it to the legislative body, simultaneously “Certify” it to all the participating municipalities. He then asked if that would be okay with the towns.

Duane Erwin stated yes.

Ms. Phillips asked what if Elberfeld decides they do not like it and wants to change it.

Attorney Shively stated there are two chooses, the first would be to adopt an ordinance with those specific changes and have their own free standing ordinance. He stated that is doable, but they may have to be some more advertising.

Ms. Phillips stated she thinks if they would make changes it would come back before the Plan Commission.

Attorney Shively stated that even if the County Commissioners approve it, it does not make it binding on the towns. He stated the participating municipalities can approved based on their needs for their specific town.

Duane Erwin stated outside his fellow town members, nobody else in town even knows what is in this thing. He stated they have no clue. He then asked if there has to be a public hearing, because he is afraid they are going to open a can of worms. He stated all other ordinances are just signed off by the Board, there is no public hearing.

Attorney Shively stated there has to be a public meeting because it is a State Statute. He stated that is the only answer he can give. He stated there has to be a public hearing by the Plan Commission and then after it is “Certified” to has to be advertised and hold public hearing by the legislative body. He stated it is all on how it is presented to the public. He stated they have been bound by the Comprehensive Zoning Ordinance of Warrick County by action the Town of Elberfeld made many, many moons ago. He stated it is not like it is 168 pages of something new that is being pressed upon the Town of Elberfeld, it always has been.

Ms. Phillips stated this meeting was advertised and look how many people showed up for it. She stated most people never read legal ads and don’t have a clue as to what they are. She stated at the County Commissioners meeting earlier this evening they asked her a few questions about the ordinance and there was a reporter there, so it will be in the paper.

Attorney Shively stated developers will be more present at the Subdivision Control Ordinance meeting.

Ms. Phillips stated most individuals could care less about this unless it affects them.

Mr. Gentry asked if they need to have another meeting on this.

Attorney Shively stated the Board could continue this meeting until the hour following the Board of Zoning Appeals Meeting.

Ms. Phillips stated or until the next Plan Commission Meeting.

Mr. Erwin asked if the Town of Elberfeld needed to have their meeting before the next Plan Commission meeting.

Attorney Shively stated no, they will not need to have their meeting until the Plan Commission has voted to adopt something.

Mr. Gentry stated he knew Sherri and Sheila had been going through it, but he had not gotten far. He then asked if any corrections, such as type O’s, would require amendments.

Attorney Shively stated he would make an itemized list of all corrections and changes made and adopt it as one amendment.

Mr. Gentry asked what will the County Commissioners get.

Ms. Phillips stated they will get a corrected one with all the changes, a finished certified copy.

Don Mottley stated in the old ordinance a barrow pit fell under a “CON’ Recreation and Conservancy Zoning District and in the new one it requires a Special Use approval. He asked what was going to happen now that the Board knows Mr. Grimm is selling dirt off his property zoned “A” Agriculture, will they need a Variance.

Ms. Phillips stated Agriculture zoning reverts back to Recreation and Conservancy, so they would not need anything now because it is existing and would be labeled “Non-conforming” She stated if anyone has any concerns or comments they can email them to the office or call in and we will write them down.

Mr. Addington asked if the new flood plain ordinance took into it the 500 year flood plain.

Attorney Shively stated that deals more with drainage criteria, the flood plain ordinance deals more with restrictions on improvements being made in floodways and flood zones. He stated that is all controled and mandated by State Statutes.

Ms. Phillips stated the 500 year flood plain is shown on the maps; however we are allowed to issue permits in it. She stated DNR practically tells you what your ordinance will be on Flood Plain, there is no choice and no changes you can make to it. She stated she got a letter from them today telling her what her job is with all the storm damage.

Mr. Addington stated a friend of his is in a 500 year flood plain after the house was built.

Ms. Phillips stated that some banks will make you take out flood insurance if you are within 1000’ of the flood plain.

Mr. Addington stated his friend had to.

Mr. Michel asked on page 31, letter E states,”In addition to all the other limitations and provisions contained in the zoning code, SU 12 shall be limited as follows:” is he missing something there, what is SU 12.

Ms. Phillips stated yes it should tell you what SU 12 is.

Attorney Shively stated he apologizes, Sec 5 is the Special Use designations, and we could change the order on how they appear under article 5. He stated we can fix it.

Mr. Michel stated it would seem to flow better and it needs to be changed or listed what SU 12 is there. He stated it does not even state on the table what it is either.

Attorney Shively stated Table A is really Section 6 of Article V.

Mr. Michel stated it should be like the other table in the ordinance, it is labeled and tells what it is.

Attorney Shively stated those are excellent suggestions and the table should come first in Article V. He stated he would label Table A.

Discussion was held on when to have the next hearing.

Attorney Shively stated they could have a special meeting after the July Board of Zoning Appeals Meeting.

Ms. Phillips stated it would be July 28^th at 7:00p.m.

Mr. Michel stated we could still have a meeting after the Plan Commission meeting.

Mr. Gentry stated he thinks the Board should have any corrections or changes they want done and turned into Sherri by the July 14^th meeting.

Attorney Shively stated that would be great.

Duane Erwin made a motion to recess until July 28, 2004 at 7:00p.m. and to have all corrections to the staff by July 14, 2004.

The motion was seconded by Larry Willis and unanimously carried.

Being no other business the meeting adjourned: 8:20 P.M.

_________________________

Guy Gentry, President

ATTEST:

____________________________

Sherri Phillips, Executive Director