PC Minutes 04-14-09
MINUTES OF THE REGULAR MEETING
OF THE CITY OF AUBURN PLAN COMMISSION
HELD ON APRIL 14, 2009
The Plan Commission met for a regular meeting on April 14, 2009 at the hour of 6:00 p.m. The meeting was held at Auburn City Hall in the Council Chambers located at 210 E. Ninth Street, Auburn, Indiana.
All records from the April 14, 2009 meeting are on file in the Department of Building, Planning and Development office for review by the public.
Call to Order / Roll Call
The meeting was called to order at 6:00 p.m. by President Rick Ring.
President Rick Ring asked Zoning Administrator Vivian Likes to conduct the roll call.
Present: Steve Bruns; Greg Kenner; Dick McKean; Jerry Muzzillo; Don Myers; Richard Ring; Ellen Stahly; Barry Tilghman; Mike Watson; and DeKalb County Representative, Tim Griffin.
Members and Staff absent: Mike Likens and Al Wleklinski.
Staff Present: Administrator, Bill Spohn; Zoning Administrator, Vivian Likes; Administrative Assistant, Michelle Lassiter; and City Attorney, Erik Weber.
Minutes
Don Myers moved to approve the regular minutes from the March 10, 2009 minutes. Jerry Muzzillo seconded the motion. The motion was carried unanimously by a vote of the commission.
Mr. Ring introduced the new DeKalb County Representative, Tim Griffin to the Auburn Plan Commission.
Old Business
None.
New Business
Mr. Ring asked for a motion to change the agenda, placing petition PC-Zone 2009-00000002 – Rezone Properties/Amend Zoning Map for properties owned by Donald and Mable Beber/Sandra Strobel/Auburn Company of Jehovah’s Witnesses, Inc. ahead of petition PC-Zone 2009-00000001- ETJ Zoning Map.
Dick McKean moved to change the agenda, placing petition PC-Zone 2009-00000002 – Rezone Properties/Amend Zoning Map for properties owned by Donald and Mable Beber/Sandra Strobel/Auburn Company of Jehovah’s Witnesses, Inc. ahead of petition PC-Zone 2009-00000001- ETJ Zoning Map.
Mike Watson seconded the motion and it was carried unanimously by a vote of the commission
| 1.
| Public Hearing - Permit No.: PC-ZONE 2009-00000002 - Rezone properties/Amend
Zoning Map
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| - Beber/Strobel/Auburn Co. of Jehovah Witnesses, Inc.-City of Auburn.
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| - Zoning Map amendment (Rezone properties from R-2/single family to C-1/neighborhood commercial).
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| President Rick Ring opened the public hearing and asked Zoning Administrator Vivian Likes to present the staff report for this case.
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Ms. Likes informed the Commission that legal notice had been served in accordance with applicable statutes and ordinances in regards to this application.
Ms. Likes presented the Staff Report and a map of the proposed rezoning districts
Summary:
Request to rezone the properties described above from R-2 (single-family residential district) to C-1 (neighborhood commercial district). Property owners wish to rezone in order to accommodate for commercial zoning within these areas. Currently, there are no current plans to develop the properties.
| Property owner information and history:
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| - Donald & Mable Beber properties located at 1104 W. Ensley Avenue and additional lots.
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| | |
| History of Beber property:
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| *
| BZA granted 08/26/1997 – 1104 W. Ensley Avenue – Land Use Variance for a bait and tackle and hunting equipment shop. (Breezeway area of house)
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| *
| BZA denied 09/24/2002 – 1104 W. Ensley Avenue – Expand Land use variance into garage of residence. Withdrew sign variance request.
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| | |
| -
| Sandra Strobel – 1643 Lakeshore Dr. – utilizes as single family residence and additional lots. |
| -
| Auburn Co. of Jehovah Witnesses, Inc. – utilizes property for parking lot area along Lakeshore Dr. for organization use. |
| | |
The area proposed for the rezoning is compatible with the surrounding land uses and is in conformance with our 1987 Comprehensive Master Plan and the 2005 Future Land Use Map and the recently amended Zoning Code Chapter 150 – Ordinance 2008-01.
A. Plan Review/Routing comments: Department comments: Approved; No Comments.
| B.
| Planning Staff Recommendation: |
Staff supports the request; and, to forward to the Common Council with a favorable recommendation by the Plan Commission to rezone the property from R-2 (single-family residential district) to C-1 (neighborhood commercial district).
Mr. Ring asked if there were any questions for Ms. Likes. There being none, Ms. Likes gave up the floor.
Mr. Ring asked if there was a representative to speak on behalf of the petition.
Attorney Bryan Nugen took the floor on behalf of the petition. Mr. Nugen explained to the commission that the request for the zoning change was appropriate given that the surrounding properties to the west and north are zoned industrial and commercial respectively. Mr. Nugen also stated that there were letters submitted to the Department of Building, Planning, and Development in support of the change in zoning request.
Mr. Ring asked if there were any questions from the Commissioners for Mr. Nugen. There being none, Mr. Nugen gave up the floor.
Mr. Ring asked if there was anyone in the audience who wished to speak for or against the petition. There being none, Mr. Ring closed the public hearing portion of the petition.
There was then a brief discussion of the merits of the petition by the Commission.
Mr. Ring asked Attorney Erik Weber to read the Findings of Fact.
1.
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| Legal notice for this application has been published and notices were provided to adjoining landowners in accordance with the Indiana Code and local regulations. |
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| -
| Yes. The legal notice was published in the Evening Star newspaper on April 3, 2009. |
| -
| Yes. The adjoining land owner’s notices were sent to the property owners via certified mail |
| returned receipt on April 1, 2009. |
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| 2.
| The zoning map is consistent with the Comprehensive Plan of the City of Auburn.
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| | |
| Yes. In compliance with the 1987 Comprehensive Master Plan; the amended 2005comprehensive plan with the Future Land Use Map; and the amended Zoning Code Chapter 150 – Ordinance 2008-01. Also, is similar to surrounding area.
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| 3.
| The zoning map is consistent with current conditions and
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| the character of current structures and uses of the areas. |
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| Yes. The zoning is consistent with the adjacent zoning districts.
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| 4.
| The City of Auburn has satisfied all standards and conditions prescribed for approval under the
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| City of Auburn Zoning Code and Subdivision Control of Ordinances. |
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| Yes. All standards and conditions prescribed for approval were satisfied.
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| 5.
| The zoning map proposal is consistent with other uses in the areas, provides for coordination with existing and proposed developments and will not be injurious to the public’s health, safety and morals of the community.
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| Yes. The proposed zoning is consistent with adjacent zoning districts. A portion of one of the properties is currently being used commercial use.
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ACTION OF THE COMMISSION.
MOTION TO: FORWARD a Favorable Recommendation to the Common Council to rezone the Beber/Strobel/Jehovah’s Witnesses properties as set forth based on the above findings and conditions listed above by Don Myers and seconded by Mike Watson.
Vote:
Member Yes No Abstain Absent
Steve Bruns X ____ ____ ____
Greg Kenner X ____ ____ ____
Mike Likens __ ____ ____ X
Dick McKean X ____ ____ ____
Jerry Muzzillo X ____ ____ ____
Don Myers X ____ ____ ____
Rick Ring X ____ ____ ____
Ellen Stahly X ____ ____ ____
Barry Tilghman X ____ ____ ____
Mike Watson X ____ ____ ____
Al Wleklinski __ ____ ____ X
The motion was carried unanimously by the Commission.
2.
Public Hearing - Permit No.: PC-ZONE 2009-00000001 - Comprehensive Plan Update - City of Auburn.
President Rick Ring opened the public hearing and asked Administrator Bill Spohn if he had anything further to add to the staff report presented at the March 10, 2009 meeting.
Mr. Spohn took the floor to give additional information and explained DeKalb County’s zoning designations and the changes made to the proposed zoning map for portions of the Extra Territorial Jurisdictional Areas.
Mr. Ring asked if there was anyone in the audience who wished to speak for or against the petition.
Greg Haynes of 5127 County Road 19, Garrett, Indiana 46738 took the floor to express his preference for his property to continue as a residential zoning and not be an industrial zoning designation. The zoning across the road from his property along the west side of County Road 19 is low-density residential equivalent.
Randy Kimbel of 5219 County Road 19, Garret, Indiana 46738 took the floor to express his preference for his property to continue as a residential zoning and not be industrial an industrial zoning designation.
Mr. Ring explained to the audience that when a vote would be taken by the Plan Commission, the Commission is recommending an action to the City Council. Mr. Ring further explained that the zoning recommendation is not immediately effective. Mr. Ring continued to explain to the audience that the City Council is the final entity that places a zoning ordinance into effect, but this only happens after two readings and positive votes by the Council.
Mr. Weber stated that there would be a legal notice for the City Council meetings to inform the public when the Plan Commission’s recommendation is forwarded to City Council.
Greg Rice of 2184 County Road 48, Auburn, Indiana 46706 took the floor and stated that his preference for his property zoning would be road side commercial; and that he also would not want his property to be zoned industrial.
Mr. Spohn informed Mr. Rice that the majority of the property around his property is currently zoned by the County as industrial.
Chris Shafer of 5099 County Road 19, Garrett, Indiana 46738 took the floor and asked why the proposed zoning to the east of his property changed from I-2/Heavy Industrial to an I-1 Light Industrial/Heavy Commercial zoning.
Mr. Spohn stated that the zoning designation change reflects a compromise with Mr. Shafer and his neighbors adjacent to his property and to the east of Mr. Shafer’s property.
Mr. Greg Haynes asked Mr. Ring if he could ask the audience if they were in favor of the properties being zoned as industrial.
Mr. Ring responded in the affirmative.
Mr. Spohn stated that the property owners with larger areas in discussion prefer to have their properties zoned I-1/Light Industrial/Heavy Commercial.
Tamara Williams of 5107 County Road 19, Garrett, Indiana 46738 took the floor to ask if the adjacent owners could know exactly what the larger property owners have specifically communicated to the planning staff and or plan commission.
Mr. Ring asked planning staff and the response was in the negative.
Barb Harty of 2048 County Road 52 took the floor and stated that Allen County had an ordinance that prevents other types of land uses within a zoning type and wanted to know if the city of Auburn had the same type of ordinance. Mrs. Harty also asked if there were laws that would prevent rezoning.
Mr. Spohn responded that the whole premise of zoning was meant to be restrictive. Mr. Spohn stated that Allen County has allowed rezoning. Mr. Spohn further stated that the state statutes prevent ordinances that does not allow for variances due to the fact that planners are humans with flaws and that the process for rezoning and variances are meant as corrections for mistakes.
Mr. Spohn explained that zoning is also needed to attract developers, businesses, etc.; as these developers review community zoning maps to help determine where to locate their businesses or industries.
Sherry Sible of 5767 County Road 55, Saint Joe, Indiana 46785 daughter of Margaret Davis of 5150 County Road 427, Auburn, Indiana 46706 took the floor to ask if her family would be allowed to continue to farm the family farm. Ms. Sible also expressed a concern in an instance in which an adjacent piece of land was to be turned into an industrial site and how storm water run-off may affect their farm land.
Mr. Ring stated that in the scenario Ms. Sible presented, a developer would be required to provide drainage control and a buffer between an industrial site and rural farm land.
Ms. Sible then asked if there were any developers inquiring in the area of her family’s farm.
Mr. Spohn and Mr. Ring both responded in the negative.
Lowell Bowker of 5270 County Road 21, Garrett, Indiana 46738 took the floor to inquire as whether he could sell his home as residential if his property were zoned industrial.
Mr. Spohn responded in the affirmative due to the fact that the residential use would be grandfathered into the zoning.
Mr. Bowker then asked if there would be a risk of eminent domain being invoked if a business wanted the land.
Mr. Ring that he could not foresee any reason that the city would use eminent domain.
Mr. Weber also stated that the City of Auburn has never used eminent domain to bring in business.
Melody Waldron of 5190 County Road 21, Garrett, Indiana 46738 took the floor to state that she resides close to Custer granary and that she preferred to remain as residential zoning.
Diane Mannon 3201 County Road 40, Auburn, Indiana 46706, also the daughter of Margaret Davis of 5150 County Road 427, Auburn, Indiana 46706, took the floor to inquire if the family’s farm would be able to be sold as an agricultural farm.
Mr. Weber assured Ms. Mannon that the land could continue to be used as a farm and sold as a farm, as long as the use never changed.
Mr. Ring stated that once the use is changed it would not be allowed to be returned to a farm use.
Ms. Mannon asked if land was more valuable when zoned industrial.
Mr. Spohn stated that generally speaking land is usually more valuable when zoned industrial.
Mr. Muzzillo asked Mr. Spohn if part of the land were purchased to be used as industrial, could the remainder of unsold land continue to be used as agricultural.
Mr. Spohn replied in the affirmative.
Mike Walter of 320 West Seventeenth Street, Auburn, Indiana 46706 took the floor and expressed his concerns with the zonings of the Extra Territorial Jurisdictional Areas, stating that he did not see the reason for the action and felt that it was a mistake. Mr. Walter also questioned why the Grandstaff property/woods zoning had changed from the March 10, 2009 meeting to the present meeting from Open Space (OS) zoning designation to an R-1 Single Family Rural/Low-Density Residential.
Mr. Spohn stated that he had not been able to make contact with the property’s owners to find out their preference for the zoning of the property and therefore decided to keep the zoning designation with the county’s previous zoning designation of the property.
Mr. Walter then expressed his belief that the preference of the individuals who either sent a written preference or attended one of the Plan Commission meetings and state their preference should be given more credence than the larger landowners who had only given their preference verbally to the planning staff. Mr. Walter also stated that the Extra Territorial Jurisdictional Areas were new and should not be pushed for zoning.
Mr. Ring then gave a brief history of the development of the Extra Territorial Jurisdiction and what the state statutes would have allowed and what the city and county agreement included.
Mr. Ring also stated whether zoning was in city or in the Extra Territorial Jurisdictional Areas not all involved parties would be happy with the outcome.
Mr. Ring then asked if there were anyone else who would like to speak in regards to this petition.
Tamara Williams regained the floor and stated that the residents in her area along County Road 19 were frustrated and in fear for their property values due to possible decisions that Dean Kruse and Custers could make in regards to their adjacent properties. Ms. Williams stated they feel they are being run over by those property owners.
Melody Waldron also regained the floor and explained that she started the process to sell her property to Dean Kruse only to have the deal fall apart.
At 7:30 PM Mr. Ring closed the public hearing and called for a recess. Mr. Ring stated that after the recess the Commission would begin a discussion of the petition.
At 7:45 PM Mr. Ring called the meeting back to order.
Mrs. Stahly asked what the Commissions options in regards to the petition were and was informed by Attorney Weber that the Commission could 1) send a zoning recommendation to the City Council; or, 2) recommend the zoning with changes; or, 3) send a no recommendation to the City Council.
Mr. Ring asked for a motion from the commission to accept County Road 19 as the equivalent to the county zoning of R-1 Single Family Rural/Low-Density Residential, and after a lengthy discussion that included the previous county zoning, the previous and current proposed zoning, the adjacent zoning within the county, the number of property owners notified verses the number who have contested, the fact that industrial zoning is needed to attract businesses and industry to provide jobs for the citizens of Auburn and DeKalb County.
Mr. Ring reminded the Commission that not only do we have to review the individual areas, but we also have to review the City as a whole. Mr. Ring continued by stating that we have to consider those concerns by some of the individual property owners present that felt run over by other property owners in the county and the community.
Greg Kenner moved to accept County Road 19 as the equivalent to the county zoning of R-1 Single Family Rural/Low-Density Residential. Don Myers seconded the motion and it was carried unanimously by a vote of the commission.
Mr. Ring asked for a motion to accept County Roads 50 and 427 areas along the Garrett City Drain as the boundary for residential and industrial zoning. The east side of County Road 427 would then match the county zoning designation. The west side of County Road 427 south of County Road 50 north of the Garrett City Drain, east of County Road 23 would be zoned residential. The area south of the Garrett City Drain and the west side of County Road 23 would be zoned light industrial.
Mike Watson moved to accept County Roads 50 and 427 areas along the Garrett City Drain as the boundary for residential and industrial zoning. The east side of County Road 427 would then match the county zoning designation. The west side of County Road 427 south of County Road 50 north of the Garrett City Drain, east of County Road 23 would be zoned residential. The area south of the Garrett City Drain and the west side of County Road 23 would be zoned light industrial.
Ellen Stahly seconded the motion and it was carried unanimously by a vote of the commission.
Mr. Ring then asked for a motion to table the vote on the proposed zoning with the afore- mentioned changes so that the planning staff could have the changes reflected on a revised map and Findings of Fact prior to the Commission taking a vote.
Barry Tilghman moved to table the vote on the proposed zoning with the afore-mentioned changes so that the planning staff could have the changes reflected on a revised map and Findings of Fact prior to the Commission taking a vote.
Greg Kenner seconded the motion and it was carried unanimously by a vote of the commission.
Mr. Ring impressed upon the audience that at the May 12, 2009 that no more statements would be taken at the meeting. Mr. Ring stated that as the public hearing portion of the petition had been closed. Mr. Ring further explained that there would only be a brief discussion by the Commission and a vote taken by the commission as to whether to recommend a favorable or non-favorable or no action to the City Council.
| 3.
| Public Meeting – Permit No.: PC-Other 2009-00000001 – PRJ – PC Rules and Procedures.
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| - City of Auburn Planning - Introduction of Rules and Procedures – Draft version for review.
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President Rick Ring opened the public meeting and asked Administrator Bill Spohn to update the Plan Commission on this project.
Mr. Spohn stated that the Draft of the Plan Commission Rules and Procedures had been placed in the members’ folders for them to take home and review for future discussion.
Other Business
| a. 1735 S. Indiana Ave. - McClure’s property
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| b. 1801 S. Indiana Ave. - DEF Holdings property
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| c. 1803 S. Indiana Ave. - DEF Holdings property
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| Zoning Administrator, Vivian Likes presented the above address report to the Commission informing them that the addressing request was due to a Use Variance petition being heard at the April 28, 2009 Board of Zoning Appeals meeting. Ms. Likes stated that if the Use Variance is not granted then the address changes would not be instituted.
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| Ellen Stahly moved to approve the above addresses. Don Myers seconded the motion. The motion was carried unanimously by the Commission.
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| Reports, Communications, Correspondence
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| Mr. Ring stated that he appreciated the members’ attendance and participation in the zoning of the Extra Territorial Jurisdiction Areas.
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| 2.
| Subcommittee Report – None.
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| 3.
| County Liaison to the City – Tim Griffin – None.
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| 4.
| City Liaison to the County – Don Myers – None.
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| 5.
| Attorney, Erik Weber – None.
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| 6.
| Department Administrator, Bill Spohn – None.
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| 7.
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| Zoning Administrator, Vivian Likes – None.
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| 8.
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| Commission Members:
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| Mr. Muzzillo stated that he was disappointed in the fact that the property owners had not contacted either of them and that some of the statements made by those property owners were out of line. Jerry stated that they are both on the Commission to represent those property owners.
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| Mr. Watson stated that the number of responses at the meeting were a small proportion out of the number of letters sent to notify the property owners in the Extra Territorial Jurisdictional Areas.
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| Mr. Ring stated that he was pleased that the property owners came before this commission to express their concerns regardless of the outcome of the commission’s recommendations. The plan commission members concurred.
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| Upcoming Scheduled Meeting Dates
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| 1.
| Plan Commission: May 12, 2009 at 6:00 p.m.
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| 2.
| Board of Zoning Appeals: April 28, 2009 at 6:00 p.m.
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| 3.
| Board of Public Works and Safety: April 23 & May 14, 2009 at 9:00 a.m.
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| 4.
| City Council: April 14 and May 7, 2009 at 6:00 p.m.
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Adjournment
There being no further business to come before the commission, a motion to adjourn the April 14, 2009 Plan Commission meeting was made by Barry Tilghman and seconded by Don Myers. The motion carried unanimously. The meeting adjourned at 8:55 PM.
_____________________________
Secretary: Al Wleklinski
Michelle Lassiter, Department of Building, Planning and Development prepared the minutes.
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