MINUTES
Regular meeting held in Commissioners Meeting Room,
Third Floor, Court House,
MEMBERS PRESENT:
Also present were
MEMBERS ABSENT:
The
meeting was called to order by the Vice President and a quorum declared
present.
MINUTES: Upon a
motion made by
The Vice President explained the Rules of Procedure to
the audience and stated that any rezoning petition receiving a recommendation
this evening will be forwarded to the
REZONING PETITIONS:
PC-R-04-23 – Petition of MDB &
Associates, LLC, Jeffrey B. Detalente, Mbr. OWNER OF RECORD: Same To rezone 4.0 acres located on the E side of
Peachwood Dr. approximately 210’ E of the intersection formed by Peachwood Dr.
& Fruitwood Dr., Ohio Twp., from “A” Agriculture to “C-4” General
Commercial. (Complete legal on file.) Advertised in the Boonville Standard
Jeff
Detalente and Jim Biggerstaff, Capstone Engineering, were present.
The
Vice President called for a staff report.
The
Executive Director stated they have
submitted all of the green cards from certified mail of notice of this meeting
to the adjacent property owners. She stated this petition is to rezone 4 acres
from “A” to “C-4” and there is no minimum lot area required for commercial
zoning. She stated the Comprehensive
Plan projects the area to be moderate to high density residential
bordering on commercial and the application
says vacant but the aerial photos shows what appears to be a residential
structure. She stated the property to
the north is vacant Agriculture; to the south is “C-4” – MDB property
and Agriculture with residence; to the east is Agriculture with a residence and
to the west is “C-3” – Warrick Place Subdivision. She added there is no flood
plain on this property and the access will be
The
Vice President called for questions from the Board.
Mr.
Detalente stated they don’t have any set plans yet. He stated right now they
just want to get it zoned so it will be ready in case they decide to do
something. He commented he probably wouldn’t do multiple buildings though.
Mr.
Biggerstaff stated this property is contiguous to Mr. Detalente’s business of
Bennies Flooring and this adjacent to the commercial Warrick Place Subdivision.
The
Executive Director stated then they may or may not use this property in
conjunction with the existing floor covering business.
Mr.
Detalente stated that is correct.
Ascertaining
there were no other questions from the Board and being no remonstrators
present, the Vice President called for a motion.
PC-R-04-24 – Petition of Herman &
Kittle Properties, Inc., Thomas Herman, Pres. OWNER OF RECORD: Kenneth &
Ruby Moyes. To rezone 3.33 acres located on the SW side of
S.R. 66 approximately 421’ SW of the intersection formed by
The
Vice President stated that he is an adjacent property owner to this property
and would need to excuse himself from this hearing. He then left the meeting room.
The
Executive Director stated she would conduct this portion of the meeting.
Attorney,
Marco Delucio and Jeff Kittle were present.
The
Executive Director reported they have submitted the return receipts from
certified mail of notice of this meeting to the adjacent property owners. She stated this petition is to rezone 3.33 acres from C-4 General Commercial
to “R-2B” Apartment zoning district. She added this zoning requires a minimum
lot frontage of 60’ at the building line and a minimum lot area of 6,000 square
feet or 1,500 square feet per unit, whichever is the greatest unless they do a
PRUD which relaxes those requirements. Ms. Phillips stated the Comprehensive
Plan projects the area to be moderate to high density residential and
the property is currently vacant. She stated the property to the north is zoned
“C-4” – Mike’s Body Shop; to the south is “C-3” – Former Town &
Country Pools (currently unoccupied) and “R-1A – Single Family Dwellings
(Briarwood Hills Sub); to the east is Agriculture – currently vacant and to the west
is “R-2B” which is to be used as additional acreage for
apartment complex. She stated there is no flood plain on this property and this
property fronts on SR 66 and shares an entrance with Mike’s Body Shop. She stated the additional property already
zoned “R-2B” fronts on
Marco
Delucio stated they have some booklets they would like to pass out to the Board
members. (copies on file.)
At
this point
Attorney
Delucio stated he would like to point out that the property immediately to the
west of this property is zoned “R-2B” and they are attempting to purchase that
property as well. He stated they are
attempting to down zone this property in order to have some consistent zoning
on their property. He stated it is their intention to submit a PRUD plat within
the next couple of weeks in order to demonstrate how they will utilize the
property. He again stated they are
attempting to down zone this property from “C-4” which would allow a myriad of
things such as bars, taverns and motels. He stated the “R-2B” is consistent
with the projection of the Comprehensive Plan of high density residential use.
Jeff Kittle stated his company is a second generation
company that has been developing apartments since the late 1970’s. He stated they have developed 53 communities
in five different states and that haven’t sold any of those communities and
they manage all of them. He stated they
plan to have 3-4 people at this facility as on site managers and they would be
happy to answer any questions they might have.
Attorney
Delucio commented the booklet they handed out to the Board does include
photographs of some of their developments.
The
President called for questions from the Board.
Attorney
The
Executive Director stated she and Attorney Delucio discussed that and he wanted
it to be consistently zoned for just apartments.
The
President asked if they will be constructing two story buildings to which Mr.
Kittle stated that is their plan and it is possible they would go to some three
story buildings but they haven’t had their engineering study done.
Ascertaining
there were no other questions from the Board and being no remonstrators
present, the President called for a motion.
Duane
Erwin made a motion based on the evidence presented and petition on file to
recommend approval to the
PC-R-04-25 – Petition of Chris A.
& Alicia A. Gilkey. OWNER OF RECORD: Montgomery Farms, Inc., Mayola
Montgomery, Pres. To rezone 1
acre located on the W side of SR 261 approximately 100’ N of the intersection
formed by SR 261 & Vann Rd. (S 350), Ohio Twp., from “R-2” Multi Family to
“R-O” Residential Office zoning district. (Complete
legal on file.) Advertised in the Boonville Standard
Chris Gilkey and Mayola
Montgomery were present.
The President called for a
staff report.
The
Executive Director stated they have submitted all of the return receipts from
certified mail of notice of this meeting to the adjacent property owners. She
stated this petition is to rezone 1
acre from R-2 Multi Family to R-O Residential Office. She stated the zoning requires a minimum
frontage of 60’ at the building line and a minimum lot area of 6,000 square
feet. Ms. Phillips stated the
Comprehensive Plan projects the area to be moderate to high density
residential and the property is currently vacant. She stated the property to the north, west
and south is zoned “R-1A” being Old Hickory Subdivision and to the east across
the highway is zoned Agriculture being
Dr.
Gilkey stated the survey was completed yesterday and they met with some of the
area land owners about the lot just to the north and adjacent to this
property. He stated they are trying to
negotiate how they will split up that property between the neighbors. He stated it is not his intention to rezone
any part of that property and they would only use their part for parking. He stated he just wanted the Board to be
aware that they were looking at that.
Dr.
Gilkey stated they plan to construct a 2500 -3000 square foot medical office
with a basement if the drainage for this
property works out. He stated they don’t
know how the stop light on the highway will affect this and they want to get
this rezoned in order to proceed with their plans.
The
Executive Director asked if he has had any discussion with the State regarding
their entrance to which Dr. Gilkey stated he has spoken with them briefly and
it is his understanding that because of the expansion of the highway and the
possibility of adding another lane there and the light there they will need to investigate
that more. He stated there is an
existing curb cut on the property now but they don’t know how that will work
out.
The
Executive Director stated if this rezoning is approved before he could get any
permit for a building he would have to have entrance permits from the State.
Dr.
Gilkey stated the entrance currently is farther north.
Ms.
Phillips stated there has also been discussion about relocating
Discussion
ensued over the property to the north that may be divided between the adjacent
property owners and that Dr. Gilkey didn’t actually need the additional
property for parking.
Ascertaining
there were no other questions from the Board and being no remonstrators
present, the President called for a motion.
SUBDIVISION FOR PRIMARY PLAT
APPROVAL:
Blackberry Hill Subdivision by John
& Susan Pickens 4.9452 acres
located on the W side of
Steve
Hahn, P.E. was present.
The
President called for a staff report.
The
Executive Director stated they have submitted all of the return receipts from
certified mail of notice of this meeting to the adjacent property owners with
the exception of either the unopened envelope or return receipt for Kaurna
Pandit. She stated the zoning on this
property was approved by the
Guy Gentry questioned the fence being located within
the right of way and stated this is being discussed in the new ordinances.
Ms. Phillips stated the situation with the fence is a
bit different because when he put up the fence it was out of the right of way
but the County Highway Engineer is asking Mr. Pickens to grant additional right
of way, which puts the fence in the newly dedicated right of way.
Steve Hahn stated
Ascertaining there were no other questions from the
Board and being no remonstrators present, the President called for a motion.
Larry Willis made a motion to find PP-04-10 in
technical conformity with the Subdivision Control Ordinance and to approve it
with the condition that the return receipts or unopened envelope from Ms.
Pandit be submitted. The motion was seconded by Gary Michel and unanimously
carried.
OTHER
BUSINESS:
PP-03-05 – Linwood Estates Subdivision Phase II by
Moore Development Group, LLC, Greg Moore, Pres. 12.2 acres located on the S side of Lincoln Ave.
approximately 1500’ E & 1000’ S of the intersection formed by Grimm Rd.(W
1000) & Lincoln Ave. (S 450) Ohio Twp. (Complete legal on file.) Advertised
in the Boonville Standard
The Executive Director stated she spoke with the Board
last month about this subdivision having a 50’ Amoco Gas line Easement running
along the entire western edge of it. She stated when the primary plat was
approved it only showed the gas easement and when they came in with the
secondary plat they were showing a 10’ drainage easement within the gas
easement. She stated since that discussion, the Drainage Board has reapproved
the drainage plans with the easement being located within the gas easement. She stated it has always been their policy to
require with established easements that if they encroach in the easement they
have to obtain a consent agreement from the party who has the easement. She stated that has now been done and she has
the consent letter from BP Pipeline stating they have no objection to the
design and they understand the drainage easement will be located within the
easterly 10’ of the pipeline easement.
She stated she did obtain legal advice from Shawn Sullivan since
Attorney Shively had a conflict in that he is the developer’s attorney. She stated she has received a letter from
Attorney Sullivan stating he has reviewed the BP Pipeline letter and he feels
the consent is adequate. She stated what
she needs the Board to do is reapprove the Linwood Primary plat with the
drainage easement being shown in the BP easement.
Guy Gentry stated he would make that motion based on
Attorney Sullivan’s recommendation. The motion was seconded by Larry Willis and
unanimously carried.
Discussion: Ron London, P.E., C.F.M., Morley & Associates,
Inc. - Flood Plain Mapping. Con’t from
Ron London stated that his company was involved in the
flood plain mapping for
Considerable discussion ensued over the flood plain
maps and the time frame in which
Formal
Complaint: Herbert K. Gorman, Jr. ~ 277 S.R. 62 E ~ Alleged Junk
Salvage yard. Granted 30 days on
Herbert Gorman was
present.
The Executive Director stated a formal complaint was
filed May 17th and staff sent Mr. Gorman a letter. She stated he
asked for additional time in which to clean up his property and she granted
it. She stated the Zoning Inspector went
to the property yesterday and took photographs and his report states the
property has been cleaned up.
Mike Moesner made a motion to find him no longer in
violation. The motion was seconded by
Larry Willis and unanimously carried.
The President stated they will hear the next two
complaints simultaneously since they are related and adjacent.
Formal Complaint: Edward
Broshears, Sr.,
Formal Complaint: Edward
Broshears, Jr.,
Edward Broshears, Sr. and Edward Broshears, Jr. were present.
The President called for a staff report.
The
Executive Director stated a formal complaint was filed on both pieces of
property on January 12, 2004, alleging the owners were operating a junk/salvage
yard. She stated on January 21, 2004,
the property was inspected and found to be in violation and at the February 11,
2004 meeting the Plan Commission gave
the Broshears until June 1, 2004 to clean up the property. She stated on June 8th staff did an
inspection and found the property was still in violation but there had been
some improvements made. She stated Mr.
Broshears indicated they needed to repair one of the trucks and get his hay cut
and so the Board granted both of the gentlemen until this meeting to finish.
She stated the Zoning Inspector went to the property on September 7th
and took photographs and his pictures indicate that some of the items have been
removed but there are still several things on the properties.
Mr. Broshears stated they have a lot more hay than
they thought they would have and they are still working on it. He stated the pictures show two loads of junk
that have been pulled out.
The President stated the property does look a lot
better than it did when they first saw it but there is still more to be done.
Mr. Broshears stated the way things are going, they
fix one thing and something else breaks.
Larry Willis asked how much more time they needed
since it is getting close to time to harvest their crops.
Mr. Broshears stated he has no field crops this year
but he is going to have surgery soon and will be off for a while.
Robert Addington asked if they will be finished by the
first of the year.
Mr. Broshears stated they would be finished by then.
Discussion ensued over what meeting to have them
reappear.
Robert Addington made a motion to grant them until the
December 8, 2004, meeting. The motion
was seconded by Larry Willis and unanimously carried.
Formal Complaint: Pamela
Thomason, (OWNER) – William Bunner II (TENANT)
Pamela
Thomason was present.
The
Executive Director stated a complaint was filed on June 30,2004 stating the
tenant living at this address was selling used cars from this location and had seven
unlicensed vehicles on the property. She
stated the complaint also stated the tenant had moved in a mobile office on the
property without any permits. She added
staff sent a letter to Ms. Thomason on August 3, 2004 informing her of the
complaint and then William Bunner II came into the office the next week stating
he lived at this house and that he wasn’t operating a used car business and
that he was getting rid of some of the vehicles and that the trailer was used
for storage. She stated that staff told him he needed to respond in
writing. She stated Mr. Bunner submitted a letter on
August 25th stating the he was trying to fix the trailer in order
for him to put his belongings that were currently stored in the house and
garage in the trailer and he indicated that would be a temporary thing until he
got somewhere else to live and that he has been laid off work since October 2003.
She stated Mr. Bunner was told this
matter would be placed on this agenda and he needed to be present. Ms. Phillips stated that later that same day
Ms. Thomason telephoned the office and asked if she needed to be present to
which she was informed that she is the legal owner of record and that if any
proceedings were taken against the property she would be the one listed in the
proceedings. Ms. Phillips stated she indicated she would also be at this
meeting. She stated the Zoning Inspector
went to the property on September 7, 2004 and his photos indicate that most of
the items have been removed from the property; however the trailer is still
there. She stated the Board needs to
determine what, if any, permits should be required for the trailer to be there
and be used for storage.
Ms.
Phillips stated there have been different rulings in the past by this Board and
she is not sure what to do with a trailer used for storage. She stated the Board once looked at it as
though it is a storage building and needed an Improvement Location Permit and
then they looked at it as a trailer and it needed a Conditional Use.
Guy
Gentry commented if they don’t get permits there isn’t any way the township
assessor will be able to pick them up on the assessment.
Ms.
Thomason stated it is not a mobile home it is an old construction trailer
office. She stated he plans to fix it up in order to store his belongings in.
Discussion
ensued over what type of trailer the structure actually is.
Attorney
Ms.
Thomason stated he is looking for another place to live and he is supposed to
take everything out of the house and garage and store it in this trailer and
then move it.
Larry
Willis asked if this is rental property for her to which she stated it is her
property but her dad has survivorship rights.
She stated her dad lives on this property and she lives right behind him
in another house. She stated her dad let
his grandson (Mr. Bunner) move in with him because he didn’t have a place to
live.
Ms.
Phillips stated Ms. Thomason needs to understand that this Board is saying that
vehicle is a commercial structure and it is not allowed in an Agriculture
zoning.
Ms.
Thomason stated it doesn’t have any utilities or restroom.
Attorney
Ms.
Phillips stated the Board then needs to give them a time frame in which to
remove the trailer from the property.
Gary
Michel asked what you do if you rent a storage trailer to store your belongings. He stated he sees semi trailers sitting on
property all the time. He stated that isn’t assessed because it is rented.
Guy
Gentry stated that is still a commercial use and shouldn’t be on the property.
Gary
Michel stated some of them aren’t being used commercially they are being rented
for storage; for instance if they want to remodel their house.
Attorney
Gary
Michel stated it would be his things being stored.
Attorney
Larry
Willis stated that would be renting commercial storage and taking it to your
property to use and it would still be commercial.
Gary
Michel stated what if he rented a pick up truck and drove it home would he
consider that commercial.
Larry
Willis stated that would depend on how it was leased.
Guy
Gentry stated he wouldn’t care if there was a pick up parked in his neighbor’s
driveway but he would if this was.
The
Executive Director stated this is the same thing as the billboard trailers they
had to deal with a few months ago. She stated they determined the semi trailers
were a commercial vehicle and needed to be located on commercial zoned
property.
Ms.
Thomason stated Mr. Bunner is planning on sanding it down and painting it.
Ms.
Phillips stated the Board needs to give them a time to have the vehicle removed
from the property.
Robert
Addington asked if they can move it in sixty days to which Ms. Thomason stated
it would probably be longer than that.
Larry
Willis asked if Mr. Bunner works any where to which Ms. Thomason stated he
hasn’t worked for a while.
Larry
Willis stated then he should have plenty of time to take care of this.
Guy
Gentry asked if this is owned or rented to which Ms. Thomason stated he bought
it.
Robert
Addington asked when she thought he would have all of his belongings out of the
house and if he has a way to remove the vehicle from the property.
Ms.
Thomason stated he had good ideas but she doesn’t know about his following
through with them.
Larry
Willis stated the photos show writing on the vehicle calling it an office,
which shows it has been used for commercial.
Ms.
Phillips asked if Mr. Bunner lives in the house to which Ms. Thomason stated he
does but he is planning on moving and was going to put his belongings in.
Duane
Erwin made a motion to grant him sixty days in which to remove the structure/vehicle.
The motion was seconded by Robert Addington and unanimously carried.
Ms.
Thomason stated she is stuck in the middle of this since she is the actual
owner of the property.
The
President thanked her for attending this evening and asked her to relay the
information to Mr. Bunner.
The
Executive Director asked her to telephone the office to let them know when the
vehicle has been removed so they can inspect the property. She also told her that if the vehicle is
removed within the sixty days she won’t have to come back before the Board.
ATTORNEY BUSINESS:
Attorney
EXECUTIVE DIRECTOR BUSINESS:
The
Executive Director stated she has two payments to BLA for $525 and $6,003.81for
the Subdivision Control Ordinance update. She stated of the $525 claim, $185 of
that is for Attorney Shively and of the $6,003.81 claim, $1,017.71 is for
Attorney Shively.
Ms.
Phillips stated Attorney Shively’s office did deliver the Zoning Ordinance and
she has taken copies to the Commissioners for their review. She stated it will be on the October 13th
agenda and Attorney Shively is going to present the changes to the
Commissioners.
She
added that they need to get copies of the ordinances to the participating towns
too because once the Commissioners approve the ordinance then they will need to
go before the Town Boards for approval.
* *
The
Executive Director stated Danny Leek with Morley and Associates is present this
evening to ask a question about Beaver Creek PRUD. She stated that is the apartment complex
located at the intersection of
Guy
Gentry stated he didn’t see it as a significant change.
Attorney
Guy
Gentry made a motion this was not a significant change and the Executive
Director could approve a new plat. The
motion was seconded by Larry Willis and unanimously carried.
*
*
The
Executive Director stated she has received a bill from Shawn Sullivan for
$157.70 for his services he provided in regards to the Linwood Subdivision
problem. She stated Attorney Shively had
a conflict of interest due to his representation of the Linwood Subdivision
developer and so they had to have Attorney Sullivan help her with the problem.
She
stated there is no money in the budget for any attorney fees other than the
line item for Attorney Shively. She stated that money is just enough to pay for
his contractual services.
Duane
Erwin stated to pay it out of Attorney Shively’s line item.
The
Executive Director stated Attorney Shively did say that if there was a conflict
of interest and they had to hire another attorney that he would take care of
the expenses.
Attorney
Discussion
ensued over how to pay the claim.
Gary
Michel asked if there were any funds available that she could transfer in order
to pay the bill.
Duane
Erwin made a motion to forward the bill to the Commissioners office to see if
they would pay the bill. Larry Willis seconded the motion. He then commented if the Commissioners
wouldn’t pay the bill then Ms. Phillips could bring the matter back to them.
Ms.
Phillips stated she doesn’t want Mr. Sullivan to have to wait forever to be
paid for his services. She stated he went through a lot of work over this BP
Pipeline matter and she doesn’t want it hanging on. She stated she can either turn it in to the
Commissioners and they will either pay it or they won’t. She stated if they won’t, she can transfer
money into the attorney line item.
Attorney
The
Executive Director stated she doesn’t think there will be any problem with her
transferring the money because it will be in the same line item number and she
won’t even have to go to the Council to do that and he can be paid next month.
Duane
Erwin stated he would withdraw his motion because he thought there was no other
way to pay the bill and Larry Willis withdrew his second.
Attorney
Mike
Moesner made a motion to transfer the money in order to pay the bill. The
motion was seconded by Larry Willis and unanimously carried.
* *
The
Executive Director stated that at times different developers will come into the
office for multiple Improvement Location Permits. She stated this places a strain on the office
since they are currently short staffed and it is worse when someone goes to
lunch. She stated she has asked the
developers to fax the applications to the office the day before they are coming
in so the plot plans can be checked and everything is ready to go. She stated she is asking the Board if it
would be alright with them if she made a regulation that anyone wanting over
three permits at one time would have to leave them in the office and pick them
up the next day.
Attorney
Discussion
ensued over the amount of time needed to issue the permits.
Ms.
Phillips stated past policy also was that anyone coming into the office after
3:30 the permits would not be processed until the next day.
Attorney
Ms.
Phillips stated she doesn’t want to make anyone angry and if they can get the
permits issued they will but if they walk in with several permits at 3:30 then
they know they can’t get done but they expect staff to work over to do
them. She stated she knows that people
will complain to the Board members and so she wanted them to be aware of what
she would like to do.
It
was the consensus of the Board that the Executive Director was the office
manger and could make policy.
Being
no other business the meeting adjourned at 7:30 p.m.
_______________________
Guy
Gentry, President
ATTEST:
____________________
Sherri
Phillips, Executive Director