Minutes of the November 2, 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
Diane
McArdle, Record the Minutes of the Meeting
Brad Johnson,
Ground Rules Consultant
Bruce Snyder,
Zoning Administrator
Visitors: 7 people signed the guest register.
The meeting was called to order at 7:00 p.m. by Bill Geiger, President.
Jerry McArdle, Plan Commission Secretary, read the Minutes for the October 5th,
2009 meeting.
A motion was made by Bob Lewis to approve the October 5th, 2009 Minutes. Chris
Folland seconded the motion. All was in favor of the motion so the motion
carried.
Bill Geiger answered Karen Deemer’s question by saying that at the February 2nd,
2010 meeting, rezoning applications will be considered, each separately and with
neighbors duly notified.
Old Business:
Craig Benson, attorney for Ken Fankhauser, stated that he wants approval for two
(2) tracts of land that is now Lake Accessory, to be re-zoned Rural Estates.
Craig Benson stated that they are asking for this to be done under the new UDO
rules.
Mr. Fankhauser is requesting (1) primary plat subdivision approval and (2) both
Tracts (A and B) be rezoned. Both tracts of land are titled under the same
owners name and if they are sold, Tract B would not have access to the lake and
Tract A is tied to the lake parcel which has lake access.
A motion was made by Jerry McArdle to recess the Regular Business Meeting. Sue
Williams seconded the motion. All was in favor of the motion so Regular Business
Meeting was recessed.
A motion was made by Jerry McArdle to open the Public Hearing. Sue Williams
seconded the motion. All was in favor of the motion so the Public Hearing was
opened.
Bruce Snyder brought up that if parcels of land have common ownership for five
years, according to the new UDO, they are merged into one lot. Craig Benson,
Neal Blythe and Brad Johnson spoke on the matter. Brad stated that this rule
shouldn’t apply.
A motion was made by Chris Folland to close the Public Hearing. Sue Williams
seconded the motion. All was in favor of the motion so the Public Hearing was
closed.
A motion was made by Chris Folland to re-open the Business Meeting. Sue Williams
seconded the motion. All was in favor of the motion the Business Meeting was
re-opened.
There was a discussion about street, sidewalk and bike path requirements and
safety.
A motion was made by Bob Lewis to approve Ken Fankhauser’s primary plat
subdivision of land as submitted and based on Rowland Associates Inc. document
sheet 1, file #09-113 dated 08/26/2009 with conditions. (1) the shared driveway
between the two parcels does not trigger joint use and (2) the land that abuts
the lake will be legally tied to Tract A. Chris Folland seconded the motion. All
was in favor of the motion so the motion carried.
Findings of Facts:
1. Is the Fankhauser proposal consistent with the Clear Lake UDO? All approved.
2. Does the subdivision request satisfy all requirements? All approved.
3. Does the request satisfy the requirements of Section 7? All approved.
4. Are all other components of the UDO satisfied? All approved.
5. Are construction standards of the UDO satisfied? All approved.
A motion was made by Bob Lewis to suspend the Business Meeting and open the
Public Hearing for rezoning the property of Mr. Fankhauser. Sue Williams
seconded the motion. All was in favor of the motion so the motion carried.
There were no comments on the matter.
A motion was made by George Schenkel to close the Public Hearing. Bob Lewis
seconded the motion. All was in favor of the motion so the Public Hearing was
closed.
A motion was made by Chris Folland to make recommendation to the Clear Lake Town
Council that the Fankhauser’s two parcels be rezoned to Rural Estates. Bob Lewis
seconded the motion. All was in favor of the motion so the motion carried.
New Business:
The UDO changes were read and passed on unanimous motions (see attached agenda
for individual motions and voting) and will be recommended to the Clear Lake
Town Council.
Brad Johnson stated the official UDO document is posted on the web.
There was a discussion on the time limit for starting construction once an ILP
has been issued and what the state statute requires.
A motion was made by Sue Williams in relation to 9.05 (F)(2 and 3) duration and
expiration in the new UDO and that the wording shall be in accordance with or as
amended in the State Statute (I.C. 36-7-4-1109). Bob Lewis seconded the motion.
With all in favor of the motion, the motion carried.
A motion was made by Sue Williams in relation to 9.08 (C)(3)(c)(iv)(vi) Duration
to make the wording correspond with the Indiana Code 36-7-4-1109. Chris Folland
seconded the motion. With all in favor of the motion, the motion carried.
Bill Geiger stated that the definitions being accepted are: Office General,
Overlay District, and Flood Hazard Area.
Brad Johnson explained the Administrative Subdivision (a process), a proposed
addition section to the UDO. The intent is to clean up property lines. The fee
would be one hundred dollars. There was a discussion and Bill Geiger stated that
this would be taken to the UDO Advisory Committee.
A motion was made by Sue Williams to add an LA icon in the UDO document, Sign
Standards. Bob Lewis seconded the motion. With all in favor of the motion, the
motion carried.
A motion was made by Chris Folland to forward the process for considering Minor
Subdivision of Land with three amendments, which are: 21 days rather than 28,
use digital format only if available and scale no greater than 1” = 100’ to the
Clear Lake Town Council. George Schenkel seconded the motion. With all in favor
of the motion, the motion carried.
A motion was made by Bob Lewis to adjourn the meeting at 11:20 p.m. Chris
Folland seconded the motion. With all in favor of the motion, the meeting was
adjourned.
The next scheduled meeting of the Plan Commission will be held February 1, 2010
at 7:00 p.m.
Attested:
_______________________________________
Secretary of Plan Commission
Attachments: Agenda
Copy of purposed changes & corrections to the UDO
Sign-in Sheet
Hand written minutes
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