AREA PLAN COMMISSION OF TIPPECANOE COUNTY

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                                AREA PLAN COMMISSION OF TIPPECANOE COUNTY
                                           EXECUTIVE COMMITTEE
                                        MINUTES OF A PUBLIC HEARING




DATE........................................................................................................................ MAY 5, 2010
TIME......................................................................................................................... 4:30 P.M.
PLACE......................................................................................................................CO. OFFICE BLDG.
                                                                                                                                     rd
                                                                                                                              20 N. 3 STREET
                                                                                                                              LAFAYETTE, IN 47901



MEMBERS PRESENT                             MEMBERS ABSENT                                                      STAFF PRESENT
Gerry Keen                                                                                                      Sallie Fahey
David Williams                                                                                                  Ryan O’Gara
John Swick                                                                                                      Linda Underwood
Roland Winger                                                                                                   Jay Seeger, Atty.
Carl Griffin
Tim Shriner
Gary Schroeder


President Carl Griffin called the meeting to order.



           I.         APPROVAL OF MINUTES

Gary Schroeder moved to approve the minutes from the April 7, 2010 Executive Committee public
hearing as submitted. John Swick seconded and the motion carried by voice vote.



           II.        BRIEFING SESSION

Sallie Fahey stated that S-4161—Ellison Minor Subdivision (minor-sketch) has been withdrawn by the
petitioner so there is no need to continue the case to the May 19, 2010 Area Plan Commission meeting.

She then stated KLEPINGER and STORMY RIDGE SUBDIVISIONS are ready to be heard.


           II.        NEW BUSINESS

                      A.         PRIMARY APPROVAL EXTENSION REQUEST

                                 1.         52 SOUTH INDUSTRIAL SUBDIVISION, PHASE 2 (S-3068):
                                            The developer, Superior Structures, Inc., is requesting a third 2-year
                                            extension of the conditional primary approval, originally granted July 18,
                                            2001. This 11-lot industrial subdivision on 29.02 acres is located at the
                                            northeast corner of CR 400 S and US 52, in Wea 12 (SE) 22-4.

Gary Schroeder moved to approve a PRIMARY APPROVAL EXTENSION REQUEST FOR 52 SOUTH
INDUSTRIAL SUBDIVISION, PHASE 2 (S-3068). John Swick seconded.
                                                                                                           2



Sallie Fahey presented the zoning map, aerial photos and preliminary plat, showing this 11-lot industrial
subdivision on 29 acres. She stated petitioner is requesting a third 2-year extension and went on to say
this subdivision has made progress since its approval in 2001 and added that final plats have been
submitted for four lots. She concluded with a recommendation of approval, contingent on any applicable
condition from the primary approval:
        CONSTRUCTION PLANS – The following items shall be part of the Construction Plans
        application and approval:
                 1.       The detailed plans and driveway permit for the US 52 entrances shall be
                          approved by the Indiana Department of Transportation.
                 2.       The Lafayette City Engineer shall approve the sanitary sewer plans.
                 3.       The fire hydrants shall be approved by the Wea Township Fire Department.
                          Plans for the actual placement of the hydrants shall be approved by the Lafayette
                          City Engineer in cooperation with the Fire Department.
                 4.       An Erosion and Sediment Control Plan meeting the requirements of 327 I.A.C.
                          15-5 shall be approved by the Tippecanoe County Soil and Water Conservation
                          District and meeting the requirements of the County Drainage Board as required
                          by Tippecanoe County Ordinance #93-18-CM.
                 5.       The County Drainage Board shall approve the drainage plans.
                 6.       An on-site utility coordinating sheet shall be approved and signed-off by the non-
                          government utility companies. If any of these utilities are being extended from an
                          off-site location, this extension shall be made a part of the utility coordinating
                          sheet.
        FINAL PLAT – The following items shall be part of the Secondary Application and Final Plat
        approval:
                 7.       Except for the approved entrances, "No Vehicular Access" statements shall be
                          platted along the US 52 and CR 400 S right-of-way lines.
                 8.       If there is a mortgage on this property, a recorded partial release or written
                          acknowledgment from the mortgage company must be obtained in order to
                          dedicate the necessary right-of-way.
                 9.       All existing easements, covenants or restrictions shall be shown and referenced
                          with the corresponding recording information (Document Number and date
                          recorded).
                 10.      Dale Drive shall replace the street name Superior Drive.
                 11.      The street addresses and County Auditor's Key Number shall be shown.
        SUBDIVISION COVENANTS – The following items shall be part of the subdivision covenants:
                 12.      The "No Vehicular Access" restriction shall be made enforceable by the Area
                          Plan Commission and irrevocable by the lot owners.

The Committee voted by ballot 7 yes to 0 no to grant a PRIMARY APPROVAL EXTENSION REQUEST
FOR 52 SOUTH INDUSTRIAL SUBDIVISION, PHASE 2 (S-3068).


        III.    PUBLIC HEARING

Gary Schroeder moved that the Comprehensive Plan for Tippecanoe County, the Unified Zoning
Ordinance of Tippecanoe County, and the Unified Subdivision Ordinance for Tippecanoe County, Indiana
are hereby entered by reference into the record of each agenda item. John Swick seconded and the
motion carried by voice vote.


                A.      SUBDIVISIONS

                         1.     S-4167—KLEPINGER MINOR SUBDIVISION (minor-sketch):
                                 Petitioner is seeking primary approval for a two lot subdivision on 6.0
                                 acres, located on the north side of CR 900 N, approximately 1 mile east
                                 of the CR 100 W interstate overpass (I-65), in Tippecanoe 6 (SE) 24-4.
                                                                                                            3


Gary Schroeder moved to hear and vote on S-4167—KLEPINGER MINOR SUBDIVISION (minor-
sketch). John Swick seconded.

Sallie Fahey presented the zoning map, aerial photos and sketch plan. She said this six acre tract was
created through the UZO Exemption C, meaning this was a court-ordered subdivision. She summarized
the area zoning and land use patterns, traffic and transportation, and environmental and utility
considerations. She went on to say these two lots will take up two of the four division rights for this parent
tract and concluded with a recommendation of conditional primary approval, contingent on the following:
         FINAL PLAT – The following items shall be part of the Secondary Application and Final Plat
         approval:
                1.      All existing easements, covenants or restrictions shall be shown and referenced
                        with the corresponding recording information (Document Number and date
                        recorded).
                2.      All required building setbacks shall be platted.
                3.      The Drainage Board or the County Surveyor shall approve any required drainage
                        plans in compliance with Tippecanoe County Ordinance #2005-04-CM.
                4.      The street addresses and County Auditor's Key Number shall be shown.

Robert Grove, 1930 Kossuth Street, Lafayette, IN 47905, surveyor representing the petitioner, concurred
with the staff report, agreed to the conditions and requested approval.

Jeff Robinson, 3015 South 75 West, Chalmers, IN 47929, adjoining property owner, stated he purchased
the farm land on all three sides of this proposed subdivision. He said the topography of the property
makes the water run across the property he purchased as well as the county road. He went on to say he
was never notified that this property was to be subdivided when he purchased the adjoining farm land. He
recently tried to purchase this ground and petitioner agreed but the papers were never signed. He added
that he has farmed the ground since 1990. He then said he was not told about it.

Carl Griffin asked Jeff Robinson who he bought the farm land from.

Jeff Robinson replied that he purchased the farm land from the estate of Ruby Klepinger.

Roland Winger asked Jeff Robinson what he was not told about when her referred to “it”.

Jeff Robinson answered that he did not know the land was to be subdivided until he drove by and saw the
sign out front. He said he owns 500 acres in the area and feels he should have been notified of the
proposed subdivision.

Jay Seeger asked if the Robinson property adjoins this tract of land.

Jeff Robinson replied that his property surrounds this proposed subdivision on all three sides.

Gary Schroeder asked Jeff Robinson when he bought the property.

Jeff Robinson said he closed on the property in April. He added that his brother owns property nearby
and he was not notified either.

Jay Seeger said that his brother probably does not live within the distance that requires notice.

Sallie Fahey said Donald C. Brown, William Schroeder and APC are on the Notice to Interested Parties
list. She has no documentation to show where these properties are located.

Jeff Robinson said Don Brown and William Schroeder own property across the road from this subdivision.

Sallie Fahey referred to the aerial photos and said it appears the owner of the properties around this
subdivision, on the same side of the road, to the east, west and north was not notified.

Jay Seeger said this case will have to be continued because proper notice was not given. He added that
                                                                                                         4


this is a request for a subdivision and that means by right the petitioner is entitled to subdivide the
property. The only thing petitioner has to do is comply with the technical requirements of the ordinance.
That means the drawing has to be correct. If petitioner proceeds with the subdivision, the Area Plan
Commission is required to approve the subdivision. This subdivision will likely be approved but that will
not happened until the proper notices are sent out. This request will be continued to the May 19, 2010
Area Plan Commission public hearing.

Sallie Fahey added that when petitioner’s surveyor checked for ownership, he was told that Ruby
Klepinger owned the surrounding farm ground. A notice was not sent to the Klepinger estate because the
estate is the subdivider. Even if the closing had happened in January, the Auditor’s records are not up to
date enough to have had a new owner show up in April. She went on to say there is that lag time and that
is a problem for these kinds of cases. There is not much else a petitioner or surveyor can do unless they
ask the Auditor’s office to look through every single deed that has been recorded in the last few months.

Jay Seeger agreed and said it is also a problem that petitioner sold the property and we do not have
exact dates. He again said that this case needs to be continued because the purchaser was not notified
of the intent to subdivide this tract.

Gary Schroeder moved to continue S-4167—KLEPINGER MINOR SUBDIVISION (minor-sketch) to the
May 19, 2010 Area Plan Commission public hearing. John Swick seconded and the motion carried by
unanimous voice vote.


                        2.      S-4168—STORMY RIDGE SUBDIVISION, SEC. 2 (minor-sketch):
                                Petitioners are seeking primary approval for a one lot subdivision on 1.33
                                acres, located on the south side of SR 28, ½ mile east of CR 400 E, in
                                Lauramie 24 (W) 21-4.

Gary Schroeder moved to hear and vote on S-4168—STORMY RIDGE SUBDIVISION, SEC. 2 (minor-
sketch). John Swick seconded.

Sallie Fahey presented the zoning map, aerial photos and sketch plan, highlighting the line indicating the
new Flood Plain location. She summarized the area zoning and land use patterns, traffic and
transportation, and environmental and utility considerations. She went on to say three division rights will
remain out of this parent tract and concluded with a recommendation of conditional primary approval,
contingent on the following:
        FINAL PLAT – The following items shall be part of the Secondary Application and Final Plat
        approval:
                 1.      All existing easements, covenants or restrictions shall be shown and referenced
                         with the corresponding recording information (Document Number and date
                         recorded).
                 2.      All required building setbacks shall be platted.
                 3.      The Regulatory Flood Elevation and Boundary for the East Branch of the Big
                         Wea Creek Flood Plain shall be shown. It shall also be described and certified
                         as specified in Unified Zoning Ordinance, Section 2-26-17.
                 4.      The Drainage Board or the County Surveyor shall approve any required drainage
                         plans in compliance with Tippecanoe County Ordinance #2005-04-CM.
                 5.      The street addresses and County Auditor's Key Number shall be shown.

Ron Wharry, 52 West Clinton Street, Frankfort, IN 46041, surveyor representing the petitioner, concurred
with the staff report, agreed to the conditions and requested approval.

The Committee voted by ballot 7 yes to 0 no to approve S-4168—STORMY RIDGE SUBDIVISION, SEC
2 (minor-sketch).
                                                                                                     5


        IV.     APPROVAL OF THE MAY 19, 2010 AREA PLAN COMMISSION PUBLIC HEARING
                AGENDA:

Gary Schroeder moved that the following Ordinance Amendment be placed on the May 19, 2010 Area
Plan Commission meeting agenda:
UZO AMENDMENT #65.

John Swick seconded and the motion carried by voice vote.


Gary Schroeder moved that the following subdivision petitions be placed on the May 19, 2010 Area Plan
Commission public hearing agenda:
S-4169—RURAL ACRES SUBDIVISION (minor-sketch),
S-4170—SHEFFIELD TOWNSHIP FIRE DEPARTMENT SUBDIVISION (minor-sketch),
                                           nd
S-4171—ARBOR CHASE BY THE LAKES, 2 REVISION (major-preliminary) and
S-4172—NEW COMMUNITY SUBDIVISION (minor-sketch).

John Swick seconded and the motion carried by voice vote.


Gary Schroeder moved that the following rezoning petitions be placed on the May 19, 2010 Area Plan
Commission public hearing agenda:
Z-2426—CONCORD ROAD MANAGEMENT, LLC by JACK HORNEGGER (I3 to GB),
Z-2427—KATHY HEID (I3 to GB),
Z-2428—MANUEL & AGUEDA GAETA (I3 to GB),
Z-2429—TIMBERSTONE DEVELOPMENT, LLC (PDRS to R1) and
Z-2430—TIMBERSTONE DEVELOPMENT, LLC (PDRS to R1B).

John Swick seconded and the motion carried by voice vote.



        IV.     APPROVAL OF THE MAY ABZA PUBLIC HEARING AGENDA

Gary Schroeder moved that the following petitions be placed on the May 26, 2010 Area Board of Zoning
Appeals Public Hearing agenda:
BZA-1794—WESTMINSTER VILLAGE WEST LAFAYETTE, INC.,
BZA-1795—SHEFFIELD TOWNSHIP TRUSTEE, C/O PAMELA CRUM and
BZA-1796—KREAGER BROTHERS EXCAVATING, INC.

John Swick seconded and the motion carried by voice vote.



        V.      DETERMINATION OF VARIANCES – Lafayette Division

Gary Schroeder moved that the following request for variance from the Unified Zoning Ordinance is not a
request for use variance, prohibited from consideration by ordinance and statute:
CASE #2010-06—CENTIER BANK.

John Swick seconded and the motion carried by voice vote.


Gary Schroeder moved that in the following cases the sign ordinance be strictly adhered to:
CASE #2010-06—CENTIER BANK.

John Swick seconded and the motion carried by voice vote.
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        VI.     REVIEW AND APPROVAL OF THE APRIL BUDGET REPORT

Sallie Fahey stated APC activity was light in the month of April. She said the $915.00 entry under Travel
& Training was for the APA conference she attended.

Gary Schroeder moved to approve the April budget report as submitted. John Swick seconded and the
motion carried by voice vote.



        VIII.   OTHER BUSINESS

NONE




        IX.     ADJOURNMENT

Gary Schroeder moved to adjourn. John Swick seconded and the motion carried by voice vote.

The meeting adjourned at 5:00p.m.



Respectfully submitted,



Linda Underwood
Recording Secretary

Reviewed by,


Sallie Dell Fahey
Executive Director

				
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