Town Of Clear Lake Indiana
Plan Commission - Meeting Minutes

Minutes of the May 4, 2009 Meeting

Present: Bill Geiger, President
             Bob Lewis, Vice President
             Gerald McArdle, Secretary
             Chris Folland
             George Schenkel
             Rick Behnfeldt
             Sue Williams

Others Present:
            Neal Blythe, Town Attorney
            Brad Johnson, Ground Rules
            Laura Farquhar, Record the Minutes of the Meeting

Visitors: 30 people signed the guest register.

The meeting was called to order at 7:03 p.m. by Bill Geiger, President.

Bill Geiger updated those in attendance on the UDO Advisory Committee and what they would like to accomplish.

Jerry McArdle, Plan Commission Secretary, read the Minutes for the April 8, 2009 meeting.

A motion was made by Rick Behnfeldt to approve the April 8, 2009 Minutes with minor changes to be made. Bob Lewis seconded the motion. All was in favor of the motion, so the motion carried.

Brad Johnson of Ground Rules gave an explanation of the proposed changes to Lake Accessory. Brad also explained how these changes will take effect after the proposed UDO is passed.

Brad also explained how the application process should work during the transition. The date on the completed application with approval by Zoning Administrator will govern which ordinance will be applicable.

A motion was made by Bob Lewis to close the Business Meeting of the Plan Commission. Rick Behnfeldt seconded the motion.

Bill Geiger listened and discussed concerns pertaining to the new UDO from audience members.
A motion was made by George Schenkel to close the Public Hearing. Chris Folland seconded the motion.

A motion was made by Chris Folland to re-open the Plan Commission meeting. Sue Williams seconded the motion. All was in favor of the motion so the meeting was re-opened.

Old Business:

A motion was made by Rick Behnfeldt to vote on the 1 ½ story (22’) Accessory Structure. Jerry McArdle seconded the motion.

President Bill Geiger polled the Board. George Schenkel, Bob Lewis, Sue Williams and Chris Folland voted Nay. Gerry McArdle, Bill Geiger and Rick Behnfeldt voted Aye. With a 4-3 vote against the 1 ½ story (22’), the Nay’s have it.

A motion was made by George Schenkel to vote on the 1 story (18’) Accessory Structure. Sue Williams seconded the motion.

President Bill Geiger polled the Board. Rick Behnfeldt, Jerry McArdle and Bill Geiger voted Nay. George Schenkel, Bob Lewis, Sue Williams and Chris Folland voted Aye. With a 4-3 vote, the Aye’s have it.

A motion was made by Chris Folland to vote on Full Bath rather than ½ Bath being permitted in an Accessory Structure. George Schenkel seconded the motion.

President Bill Geiger polled the Board. Rick Behnfeldt and Sue Williams voted Nay. George Schenkel, Jerry McArdle, Bill Geiger, Bob Lewis and Chris Folland voted Aye. With a 5-2 vote the Aye’s have it.

A motion was made by Bob Lewis to approve changes to 11-3, 11-4 Definitions A. Sue Williams seconded the motion. All was in favor of the motion so the motion carried.

A motion was made by Chris Folland to approve changes to 11-5, Definitions B (Bathroom, Full/Half). George Schenkel seconded the motion so the motion carried.

The kitchen definition was changed to read “Kitchen: An indoor room with either (1) dishwasher, or (2) an oven, or (3) a refrigerator, sink, and cooking device (e.g. microwave, stove, or oven) within twenty (20) feet of one another when the distance between each feature is measured and added together (i.e. adding the distance from the refrigerator to the sink to the cooking device back to the refrigerator).

A motion was made by Chris Folland to approve the Kitchen Definition. Bob Lewis seconded the motion. Bill Geiger, Chris Folland, Bob Lewis, George Schenkel, Rick Behnfeldt voted in favor of the definition change. Sue Williams and Jerry McArdle voted against the definition change. With a 5-2 vote, the motion carried.

A motion was made by Bob Lewis to approve the changes to, 11-15 Guest Quarters Definition. George Schenkel seconded the motion. All was in favor of the motion so the motion carried.

A motion was made by Chris Folland to approve the changes to 11-29, Residential Unit Definition. Sue Williams seconded the motion. All was in favor of the motion so the motion carried.

A motion was made by Bob Lewis to approve the changes to 11-9, Dwelling, Secondary and 11-30, Secondary Dwelling. Sue Williams seconded the motion. All was in favor of the motion so the motion carried.

A motion was made by Bob Lewis to approve the changes to 2.15, Lake Accessory (District Intent, Permitted Uses and Special Exception Uses). George Schenkel seconded the motion. With a 6-1 vote (Jerry McArdle voting nay) the motion carried.

A motion was made by Chris Folland to approve changes to 2.16, Lake Accessory Sewer and Water. Bob Lewis seconded the motion. With a 4-3 vote (Jerry McArdle, Bill Geiger and Rick Behnfeldt voting nay) the motion carried.

A motion was made by Bob Lewis to approve changes to 2.16, Lake Accessory Minimum Floor Area. Sue Williams seconded the motion. With all in favor of the motion, the motion carried.

A motion was made by Chris Folland to approve changes to 5.04, Accessory Structure Standards (E). George Schenkel seconded the motion. With a 6-1 vote (Rick Behnfeldt voting nay) the motion carried.

A motion was made by Bob Lewis to approve changes to 5.09, Accessory Structure Standards (A1 and C1). Chris Folland seconded the motion. With a 6-1 vote (Jerry McArdle voting nay) the motion carried.

A motion was made by Chris Folland to approve changes to 2.16 (Additional Development Standards that Apply) and 5-69. Bob Lewis seconded the motion. With all in favor of the motion, the motion carried.

A motion was made by Bob Lewis to pass the Proposed Unified Development Ordinance, with amended changes and favorable recommendations, to the Clear Lake Town Council. Sue Williams seconded the motion. With a 6-1 vote (Jerry McArdle voting nay) the motion carried.

The next scheduled meeting of the Plan Commission will be held August 3, 2009 at 7:00 p.m.

A motion was made by Sue Williams to adjourn the meeting. Rick Behnfeldt seconded the motion. All was in favor of the motion so the meeting was adjourned.

Attested:


_______________________________________
Gerald McArdle, Secretary of Plan Commission


Attachments: Agenda
UDO Letters of Concerns
Copy of purposed changes to the Unified Development Ordinance.
Sign-in Sheet

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