No Bookmarks Exist.
I'll survive. | 00:00:08 | |
Don is our fill in. | 00:00:11 | |
And there's a error in here. Is it hot? That's bad as it usually. | 00:00:15 | |
OK. It's 7:00. Welcome, everybody. | 00:00:20 | |
This is the December 9th. | 00:00:24 | |
One time Planning Commission. | 00:00:26 | |
At this time, I'd like to stand and honor the flag and pledge allegiance. | 00:00:28 | |
A pledge legends to the flag of the United States of America. | 00:00:33 | |
To the Republic, which stands one nation under God, with liberty and justice for all. | 00:00:38 | |
Alrighty, this time we'd like to do roll call please. | 00:00:47 | |
Here. | 00:00:54 | |
Here. | 00:00:56 | |
Here uh. | 00:00:58 | |
Here. | 00:01:00 | |
Here. | 00:01:04 | |
Here. | 00:01:09 | |
Here. | 00:01:10 | |
Here, all righty, we have enough people to. | 00:01:12 | |
Give a good vote tonight. Not a full board, but we can do a quorum so. | 00:01:15 | |
At this time, we'd like to have. | 00:01:20 | |
Approval the minutes of the November meeting. | 00:01:23 | |
Somebody review those and make a motion. | 00:01:26 | |
Make a motion to approve. We have a motion. | 00:01:29 | |
OK. And a second. | 00:01:33 | |
And I have a second, oh, you're good. Any discussion all in favor signify by aye, those opposed likewise. Thank you. All right, we | 00:01:37 | |
have no old business and new business at this time is agenda item. | 00:01:44 | |
Number one, it's FC-11-24-47 Administrative Subdivision and Don, if you will present that to us, I. | 00:01:53 | |
Too fast, John. | 00:02:05 | |
Good evening, Don Lobb, Director of Operations and Planning. I am substituting for Mr. Creeby tonight. He is on baby watch, so. | 00:02:07 | |
Just bear with me here. I got this at 4:00. | 00:02:17 | |
New baby. Watch New baby. You must say new baby any minute. Yeah. | 00:02:21 | |
So before you have Floyd County docket FC 122447 petitioner is Wanda Vance. The location is Sundown farms 8134 Pekin Rd. | 00:02:26 | |
Greenville IN 4724. The request is for an administrator or minor subdivision. A partial replant of Sundown farms zoning district | 00:02:35 | |
is agricultural residential. The overview the subdivision known as. | 00:02:44 | |
Sundown Farms Plat 1357 was a 5 lot subdivision recorded in 2010. | 00:02:54 | |
The applicant is proposing a replay out of lots 1-2 and three. | 00:03:00 | |
The replant will split each lot into two lots for an additional three additional lots in the subdivision. Lots 2 and 3, Front peak | 00:03:04 | |
and Road and Lot 1, Miller Evans Rd. Lot 3 was also split in 2022 to usual energy for the location of the substation. The Plant | 00:03:13 | |
Committee was was held on site on November 22nd in 2024. That report is I believe, in your packet. | 00:03:22 | |
Staff comments. | 00:03:33 | |
I'll go through these as well. | 00:03:35 | |
The plat is as cemented. Does comply with the minimum lot size standards. New lots are above the AR zoning of two acre minimum | 00:03:38 | |
with more than 200 feet of road from the plant as submitted. Does comply with the street design standards because no new streets | 00:03:44 | |
are provided. The plant has submitted complies with the easement requirements because no changes to the original approved | 00:03:50 | |
easements have been made. | 00:03:56 | |
Driveway easements are needed unless that requirement is waived by the Commission. | 00:04:03 | |
The plan as provided does comply with block standards because there are no blocks required of the proposal. | 00:04:08 | |
The plat is as submitted does provide St. improvements as required by the ordinance. Again, there are no new streets provided. The | 00:04:15 | |
plat as submitted does comply with water supply standards brought Borden tri-county Regional Water has provided the service letter | 00:04:21 | |
for the new lots. | 00:04:27 | |
And #7 The plot as submitted is suitable for sewage and wastewater containment. | 00:04:34 | |
Soil testing has been completed in the Floyd County Health Department has provided septic system requirements for super systems. | 00:04:41 | |
Staff recommendation. | 00:04:48 | |
Provide easement on plat for joint drives if determined necessary by the county engineer seems to be the only condition and this | 00:04:51 | |
is my understanding the subdivision. So it's an administrative action by the board. All right, thank you. Any questions for Don at | 00:04:56 | |
this time, anybody? | 00:05:02 | |
Thanks, Don. OK. At this time if the applicant would now come forward? | 00:05:10 | |
State your name and and address for the record. Yes, please. For the record. John Craft and law firm of Young Linden or some | 00:05:15 | |
Kraft, 126 W Spring Street, New Albany, appearing on behalf of the applicant and in this instance, as Mr. Lop read, this is an | 00:05:22 | |
administrative subdivision, a minor subdivision, so to speak. It is a replant of three lots that originally were part of Sundown | 00:05:28 | |
Farms. | 00:05:35 | |
As the findings that Mister Lop also went through, there are no new streets that are being opened. Each of the lots meets the | 00:05:42 | |
minimum requirements in the AR district as it relates to frontage. As it relates to the size, I think you probably have a flat in | 00:05:50 | |
front of you as far as what what's actually being presented. | 00:05:58 | |
This was there were several times. OK, I'll pass you that. Thank you, John. | 00:06:07 | |
These were submitted to Mr. Creeby that ultimately what you're going to find is that separation of those three lots now will allow | 00:06:13 | |
for the administrative portion of this to be done. | 00:06:21 | |
This is a ministerial act, certainly from the standpoint as it relates to meeting the requirements of the ordinance, as it relates | 00:06:30 | |
to size, Rd. frontage, all those necessary items and becomes a ministerial review as indicated on the plat that you see in front | 00:06:35 | |
of you. | 00:06:41 | |
Mr. McCarty, who is doing the work for my client. | 00:06:47 | |
Has placed on there the information as it relates to sight distances specifically. | 00:06:53 | |
I did attend the site visit along with the committee and there may be some issues on watch to a lots to be different on Pekin Road | 00:06:59 | |
and certainly as indicated on the plat, the references made that site distance will need to be approved by Horatio prior to a | 00:07:06 | |
building permit being issued. Certainly we will stipulate that his determination may then require shared driveway which would then | 00:07:13 | |
require a shared. | 00:07:21 | |
Shared driveway and maintenance agreement between those two lots. | 00:07:29 | |
It appears that those two may be the only two that may require it, but again, Horatio has not made that determination yet, and | 00:07:32 | |
certainly from that standpoint. | 00:07:37 | |
Reason why the notation is made on the flat since it is administrative subdivision and it is a ministerial act and we have met all | 00:07:42 | |
the requirements of the subdivision control ordinance. | 00:07:47 | |
We are here tonight asking for the approval. I'll take any questions you may have with me. All right, Any questions for Mr. Kraft | 00:07:53 | |
on the board? Thank you, John. Thank you. All right. This time we'd like to offer anybody like to speak in a favor of this | 00:08:00 | |
project, Please come forward, state your name, address for the record. | 00:08:06 | |
That being looked like nobody's out there. Anybody wants to speak in opposition, please come forward. State your name and address | 00:08:16 | |
for the record. | 00:08:20 | |
Good evening, I'm George Bercow. My address is 8072 Pekin Rd. | 00:08:28 | |
My property is just South of the. | 00:08:34 | |
The main residents of the band through via location. | 00:08:38 | |
I am opposed to the division of property due to the impact on traffic on Pekin Rd. | 00:08:42 | |
The drainage. | 00:08:48 | |
And water supply issues. | 00:08:50 | |
Plus the unknown impact on property values. | 00:08:53 | |
If the lots are populated with mobile homes or similar type properties. | 00:08:56 | |
However, I feel this. | 00:09:01 | |
Meeting is simply procedural and the Find Legal team representing Wanda Vance would not have scheduled this hearing. | 00:09:04 | |
Unless they had. | 00:09:12 | |
Secured the votes needed to move forward. | 00:09:14 | |
My major opposition would. | 00:09:17 | |
Be the added strain on the Floyd County Sheriff's Department. | 00:09:19 | |
I have no idea when I built my house. | 00:09:23 | |
In 2018. | 00:09:26 | |
That months later there would be 7 sheriff's vehicles in my driveway as a staging area. | 00:09:28 | |
For a raid on the bands Ruby property. | 00:09:36 | |
Even had. | 00:09:42 | |
Sheriff's deputies with tactical gear invest in some automatic weapons. | 00:09:43 | |
So. | 00:09:49 | |
Since then, there have been other altercations with law enforcement. | 00:09:52 | |
At that same address, the most recent happened earlier this year when my HVAC unit was shot and destroyed by a member of the. | 00:09:56 | |
Property next door. | 00:10:08 | |
Speaking with sheriff's deputies that have been on my property. | 00:10:11 | |
All of them have told me that they know their issues. | 00:10:15 | |
With that location and they have had issues proving that. | 00:10:20 | |
So. | 00:10:24 | |
My, I guess offer to Floyd County is I would gladly build a driveway in my location so that we could park a sheriff's deputy there | 00:10:28 | |
so they can monitor it from the hours of 12 to 4:00 AM in the morning. | 00:10:35 | |
When it seems like there's an endless stream of vehicles going out of that Ruby Vance property. | 00:10:42 | |
I encourage any future buyers. | 00:10:50 | |
Of these building lots to speak candidly with current residents of the area and police officers before purchasing any of these | 00:10:52 | |
lots. | 00:10:57 | |
Thank you. Thank you. | 00:11:03 | |
Anybody else like to come forward please? | 00:11:06 | |
All righty, that's case if the applicant would like to come back and have any follow up questions. | 00:11:11 | |
It's administrative, it's administrative lab. As a result of that we've met all requirements. OK, all right. At that time, no | 00:11:17 | |
other questions and we looking for a ballot. | 00:11:23 | |
I have a ballot. | 00:11:29 | |
Docket FC11-24-47. Applicant Wandavance. | 00:11:33 | |
After careful review, the plat committee finds that #1 the plat has submitted does comply with lot size and standards because the | 00:11:39 | |
new lights are all above 2 acres minimum with more than 200 foot of Rd. frontage. | 00:11:46 | |
#2 the plat as submitted does comply with the street design standards because no new streets are created at by this action. | 00:11:52 | |
#3 the Plat S submitted does comply with the easement standards because no changes. | 00:12:00 | |
Have been made to the original approved easements. Driveway easements are needed. | 00:12:06 | |
Driveway easements. | 00:12:12 | |
Driveway easements. | 00:12:14 | |
May be required. | 00:12:16 | |
Let me reword that. | 00:12:20 | |
#4 the plat. | 00:12:30 | |
As submitted. | 00:12:32 | |
Does comply with the block standards because there are no blocks required or proposed. | 00:12:34 | |
#5 The plat has submitted. | 00:12:40 | |
Does provide does not provide St. improvements as required by the ordinance because there are no new streets provided. | 00:12:43 | |
Number six, the plat estimated does comply with the water supply. | 00:12:52 | |
Standards because board and Triwater County. | 00:12:56 | |
Tri-county Water has provided a letter of service for the new lots #7 the Platte estimated this is suitable for sewage and | 00:12:59 | |
wastewater containment because soil testing has been completed and the Floyd County Health Department has provided septic system | 00:13:04 | |
requirements for suitable system. | 00:13:09 | |
The plan is accepted upon completion of the following condition. Provide an easement on the plat for joint driveways if determined | 00:13:15 | |
necessary by the County Engineer. | 00:13:19 | |
DECISION Deployed. County Planning Commission hereby grants primary primary approval of this administrative subdivision at the | 00:13:25 | |
meeting held on the 9th day of December, 2024. | 00:13:30 | |
That completes my ballot. | 00:13:35 | |
I got a question on #5 Yes, Sir. Did you say does or does not? Does not. | 00:13:38 | |
The plan does not provide St. improvements. | 00:13:44 | |
Because there's no additions of any streets, correct? Because there's no St. improvement. | 00:13:48 | |
There's no new streets, but it complies with the ordinance in that regard. Yeah, so I could. | 00:13:56 | |
I think it should be it does because it complies with the ordinance even though there are no new streets because I wasn't sure it | 00:14:03 | |
should be a does. | 00:14:08 | |
OK, so you do you want to mend that I can amend it to those best prevents Read number 51 more time. The plat as submitted does | 00:14:12 | |
provide St. improvements as required by the ordinance because there are no new streets provided. | 00:14:19 | |
That's weird wording, but I understand. | 00:14:28 | |
You done? I'm doing all right. We have a ballot. | 00:14:35 | |
We have a ballot any we have a 2nd, 2nd. | 00:14:38 | |
Do we have any discussion? | 00:14:43 | |
All in favor signify by aye aye, those opposed likewise. | 00:14:45 | |
It passes. Thank you guys. | 00:14:50 | |
All right, all right, next time. | 00:14:52 | |
On the agenda, Donald, if you'll help us through this one, Sorry, this is agenda item number 2. | 00:14:55 | |
GB-1124-07 Zoning ordinance amendment. | 00:15:03 | |
This is a zoning ordinance meant for the regarding the Town of Greenville. | 00:15:10 | |
The Floyd County for our Planning Commission serves as the Town of Greenville's Planning Commission, and the process for amending | 00:15:16 | |
zoning ordinances starts at the Planning Commission level and then proceeds to the municipal body. | 00:15:24 | |
So tonight you have in front of you a proposed zoning ordinance amendment that were provided by the. | 00:15:33 | |
By the town council. So tonight will be a public hearing and at the end of that public hearing you have three options regarding | 00:15:41 | |
the proposed zoning ordinance amendments. You can approve those. | 00:15:48 | |
You can with a favorable recommendation. You can disapprove those with an unfavorable recommendation, or you can forward those to | 00:15:56 | |
the town council with no recommendation. So favorable unfavorable are no recommendations. Are the three options available to you? | 00:16:04 | |
The amendments are to change in my understanding. Delete. | 00:16:12 | |
The following items Appendix A in the town of Greenville's land matrix, remove primary agricultural our agriculture from the | 00:16:21 | |
matrix and remove confined feed operations from the matrix. | 00:16:28 | |
In section 1001, Miscellaneous development Standards, subsection A, remove confined feed operations from the table, and subsection | 00:16:36 | |
G, delete and replace agricultural prime, primary and confined feed operations. | 00:16:44 | |
Our prohibited uses. | 00:16:53 | |
In all districts, so there are 5. | 00:16:55 | |
5 standards that you should pay reasonable attention to under the Indiana. | 00:17:01 | |
Zoning or our zoning codes are in statutes and 600 series the you should pay reasonable attention to the comprehensive plan | 00:17:07 | |
condition, current conditions and character, current structures and uses the most desirable use for which land in each district is | 00:17:15 | |
adapted, the conservation of property values throughout the jurisdiction and responsible growth and development. | 00:17:23 | |
From Nick's notes, in terms of rationale, the modifications are consistent with the. | 00:17:34 | |
And intent of the comprehensive plan to consider the nuisance. | 00:17:39 | |
Potential of land uses. These uses are not permitted in the Town by another previously adopted ordinance. Update will be | 00:17:43 | |
consistent with the Town's desire to prohibit the keeping of any type of livestock within the Town's jurisdiction. The Town seeks | 00:17:49 | |
to encourage residential and commercial development which may be deterred by these uses. | 00:17:56 | |
So that's Nick's staff. | 00:18:03 | |
OK. | 00:18:06 | |
John, don't go anywhere. I have a question if you're OK with that's what I'm gonna anybody questions, don't go anywhere. I got | 00:18:08 | |
some questions. | 00:18:11 | |
You know, I'm gonna ask questions to talk to Mag here. So what we're gonna do about the people that want to keep chickens in their | 00:18:14 | |
backyard because that's not if we're gonna, it's the way that sounds. They're gonna say no. That's my understanding from the town | 00:18:20 | |
is that and that's not OK because there are people that do that to save money. Not that. | 00:18:26 | |
I can only stay what's on my face on this piece of paper. | 00:18:36 | |
Like, I appreciate like larger act, but I do have a problem. We're gonna tell people they can't keep some backyard chickens. | 00:18:40 | |
In the city of Louisville, keep them. In Newark you keep them everywhere you can keep these and stuff too and every municipality. | 00:18:46 | |
So this is my my understanding and I could be wrong again. I I got this at 4:00 was that the the town has some other ordinances | 00:18:52 | |
regarding livestock. | 00:18:58 | |
And and prohibition of livestock and they just want to have those as consistent. | 00:19:04 | |
You, you as a board are giving a recommendation. So all you're doing is recommending you can give this an unfavorable | 00:19:09 | |
recommendation in the town of the council can sit and say we're going to pass it anyway, so. | 00:19:15 | |
Or you can. | 00:19:23 | |
So. | 00:19:26 | |
I like chickens too, I guess. | 00:19:28 | |
I don't know, yeah. | 00:19:30 | |
I mean we. | 00:19:32 | |
This is from our zoning ordinance. And so in our ordinance we have primary AG. We have primary AG in, in almost all of our, if I'm | 00:19:34 | |
not mistaken, all of our residential districts that allow certain items. How those are prohibited are through the HOA's and | 00:19:42 | |
through the restrictions and covenants and platted subdivisions and unplatted areas. It's it's not unless it's a deed restriction. | 00:19:50 | |
So that may be the issues that the town has because I don't believe with the exception of maybe 2. | 00:19:58 | |
Subdivisions that they have any planted. | 00:20:04 | |
But that's as much as I can speak to to their interests or desire. | 00:20:14 | |
All righty, any any other questions? | 00:20:23 | |
OK, so at this point we need. | 00:20:26 | |
We do need a ballot Ballot. | 00:20:29 | |
I'm sorry anybody will speak in favor correct? | 00:20:33 | |
It's just you opened up to anybody to speak, OK, Open discussion for the public. Anybody wants to come up and state their name and | 00:20:37 | |
address? | 00:20:40 | |
Come forward. Yes, Sir George. | 00:20:44 | |
State your name and address for the record please. | 00:20:48 | |
George Bercow, 8072 Pekin Rd. Greenville I guess it's really more of a question than a statement, but. | 00:20:51 | |
It seems like from confined feeding operations, if you look at, I guess there's difference of opinion here or a difference of | 00:20:57 | |
identity of combined competing operations because according to Indiana Department of Environmental Management, when you look at | 00:21:03 | |
confined feeding operations, you're talking about 300 or more cattle. | 00:21:09 | |
You're talking 600 or more swine or sheep. | 00:21:16 | |
30,000 or more poultry, ducks, turkeys, 500 or more horses. So if Greenville was talking about, hey, we're talking about confined | 00:21:19 | |
feeding operations of this size, then I guess that answers your question about keeping a couple of steers and on your property or | 00:21:26 | |
a couple of projects or just pet animals that you want to have around. | 00:21:34 | |
But I think there needs to be some more identification of of what considered a confined feeding operation. | 00:21:41 | |
Thank you. Thank you. Yeah, thank you. | 00:21:48 | |
Anybody else have any comments? | 00:21:50 | |
All right. Thank you. So once again, favorable and favorable or no recommendation is what we're looking for. | 00:21:56 | |
I can't do it. | 00:22:09 | |
I'd like to help you benefit, yeah. | 00:22:12 | |
I'll say you're unfavorable. | 00:22:14 | |
This way it's written. | 00:22:16 | |
Well, it seems to me if if if this is really. | 00:22:25 | |
Town decision, they're they're essentially just going through us, the tournament maybe maybe our best play is, is just no | 00:22:29 | |
recommendation and let them move forward in the way that they feel is necessary for their jurisdiction. And the reason that he's | 00:22:35 | |
saying no recommendation, he can speak for himself. Yeah, my thoughts was since it's essentially a town issue, maybe our best move | 00:22:41 | |
is no recommendation and let them make the decision they think it's best for green, I mean Greenville, because that's essentially | 00:22:47 | |
what they're going to do. | 00:22:53 | |
Way so and they currently sit there with the zoning ordinance and then some other ordinances they have that are conflicting, which | 00:22:59 | |
This is why they're wanting to clean it up, yeah. | 00:23:04 | |
That sounds fun to me. | 00:23:09 | |
So is that what you put in the? | 00:23:12 | |
That that's me nominating Larry to put that to a ballot. You just have to check, OK. | 00:23:15 | |
I will make a ballot. It's an easy one. Thank you. All right, I have a ballot. | 00:23:22 | |
Yeah. | 00:23:30 | |
So Dr. #GV-11-24-7 under the Floyd County Planning Commission conducted a special public hearing on the above reference docket and | 00:23:33 | |
zoning ordinance amendment proposal. Upon keff review, the Floyd County Planning Commission hereby makes no recommendation to the | 00:23:40 | |
Town Council concerning the zoning ordinance amendment proposal at the meeting held today. State. | 00:23:48 | |
The December 9th of 2024 and that's my balance. OK, we have the ballot any anybody a second I'll second we do have a second any | 00:23:57 | |
discussion if not all in favor signify by aye, those opposed likewise. | 00:24:04 | |
Perfect, we have. | 00:24:13 | |
Our discussion, but next night here. | 00:24:17 | |
All right, So we'll probably the open discussion on the wellhead protection overlay. We're just going to table that for. Is that | 00:24:20 | |
OK everybody? Do I need to vote on that? Let's vote on it. Yeah, I'll make a motion to take that. I got a motion to to kick it | 00:24:26 | |
down the road. I got a second hand discussion. | 00:24:32 | |
All in favor signify by aye aye. Those opposed likewise thank you all right now. | 00:24:38 | |
Just please don't leave until you sign. | 00:24:44 | |
And then you can adjourn as soon as we get a signature. | 00:24:48 | |
I can't yet. | 00:24:53 | |
He's afraid. Somebody leave. We gotta wait. I think you're waiting for signatures. | 00:24:55 | |
I just want to say one item. I think I started here 20 years ago. | 00:25:02 | |
And Planning Commission, I just want to thank everyone for your. | 00:25:07 | |
Diligence that you do on Planning Commission, it's a hard, thankless job. | 00:25:10 | |
And you know. | 00:25:15 | |
It is. And I've, you know, for the 20 years that I've. | 00:25:17 | |
I not all those. | 00:25:22 | |
I'm really thankful for Justin Tack and Nick taking some of these items off. But I did want to mention that to the board before | 00:25:24 | |
before I leave and. | 00:25:28 | |
You don't get the kudos as much as you do or should. But I just want to say that each and every one of you for taking this and I | 00:25:35 | |
will point out especially the elected officials. | 00:25:39 | |
Because that's even more things sometimes. So again, I wish you all the best of luck and. | 00:25:45 | |
Appreciate your service. Thank you, Don. | 00:25:51 | |
And Don, how many years have you been here? | 00:25:57 | |
20 years. Well, thank you for 20 years. | 00:25:59 | |
We're not. We're not letting it go quite yet. I know. I heard he's on, he's on retainer for the next year at least, right? | 00:26:03 | |
Wow, holy. | 00:26:12 | |
Panel back. | 00:26:19 | |
We're not letting you out the door though. Yeah, you survive. | 00:26:21 | |
Is that the last signature? | 00:26:26 | |
All right, I need a motion to adjourn. | 00:26:29 | |
Motion to adjourn. I need a second second. Motion 2nd, I'll second. | 00:26:31 | |
All in favor signify by aye. All right. Merry Christmas, everybody. Thank you for showing up. Yeah. Merry Christmas. | 00:26:38 |
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I'll survive. | 00:00:08 | |
Don is our fill in. | 00:00:11 | |
And there's a error in here. Is it hot? That's bad as it usually. | 00:00:15 | |
OK. It's 7:00. Welcome, everybody. | 00:00:20 | |
This is the December 9th. | 00:00:24 | |
One time Planning Commission. | 00:00:26 | |
At this time, I'd like to stand and honor the flag and pledge allegiance. | 00:00:28 | |
A pledge legends to the flag of the United States of America. | 00:00:33 | |
To the Republic, which stands one nation under God, with liberty and justice for all. | 00:00:38 | |
Alrighty, this time we'd like to do roll call please. | 00:00:47 | |
Here. | 00:00:54 | |
Here. | 00:00:56 | |
Here uh. | 00:00:58 | |
Here. | 00:01:00 | |
Here. | 00:01:04 | |
Here. | 00:01:09 | |
Here. | 00:01:10 | |
Here, all righty, we have enough people to. | 00:01:12 | |
Give a good vote tonight. Not a full board, but we can do a quorum so. | 00:01:15 | |
At this time, we'd like to have. | 00:01:20 | |
Approval the minutes of the November meeting. | 00:01:23 | |
Somebody review those and make a motion. | 00:01:26 | |
Make a motion to approve. We have a motion. | 00:01:29 | |
OK. And a second. | 00:01:33 | |
And I have a second, oh, you're good. Any discussion all in favor signify by aye, those opposed likewise. Thank you. All right, we | 00:01:37 | |
have no old business and new business at this time is agenda item. | 00:01:44 | |
Number one, it's FC-11-24-47 Administrative Subdivision and Don, if you will present that to us, I. | 00:01:53 | |
Too fast, John. | 00:02:05 | |
Good evening, Don Lobb, Director of Operations and Planning. I am substituting for Mr. Creeby tonight. He is on baby watch, so. | 00:02:07 | |
Just bear with me here. I got this at 4:00. | 00:02:17 | |
New baby. Watch New baby. You must say new baby any minute. Yeah. | 00:02:21 | |
So before you have Floyd County docket FC 122447 petitioner is Wanda Vance. The location is Sundown farms 8134 Pekin Rd. | 00:02:26 | |
Greenville IN 4724. The request is for an administrator or minor subdivision. A partial replant of Sundown farms zoning district | 00:02:35 | |
is agricultural residential. The overview the subdivision known as. | 00:02:44 | |
Sundown Farms Plat 1357 was a 5 lot subdivision recorded in 2010. | 00:02:54 | |
The applicant is proposing a replay out of lots 1-2 and three. | 00:03:00 | |
The replant will split each lot into two lots for an additional three additional lots in the subdivision. Lots 2 and 3, Front peak | 00:03:04 | |
and Road and Lot 1, Miller Evans Rd. Lot 3 was also split in 2022 to usual energy for the location of the substation. The Plant | 00:03:13 | |
Committee was was held on site on November 22nd in 2024. That report is I believe, in your packet. | 00:03:22 | |
Staff comments. | 00:03:33 | |
I'll go through these as well. | 00:03:35 | |
The plat is as cemented. Does comply with the minimum lot size standards. New lots are above the AR zoning of two acre minimum | 00:03:38 | |
with more than 200 feet of road from the plant as submitted. Does comply with the street design standards because no new streets | 00:03:44 | |
are provided. The plant has submitted complies with the easement requirements because no changes to the original approved | 00:03:50 | |
easements have been made. | 00:03:56 | |
Driveway easements are needed unless that requirement is waived by the Commission. | 00:04:03 | |
The plan as provided does comply with block standards because there are no blocks required of the proposal. | 00:04:08 | |
The plat is as submitted does provide St. improvements as required by the ordinance. Again, there are no new streets provided. The | 00:04:15 | |
plat as submitted does comply with water supply standards brought Borden tri-county Regional Water has provided the service letter | 00:04:21 | |
for the new lots. | 00:04:27 | |
And #7 The plot as submitted is suitable for sewage and wastewater containment. | 00:04:34 | |
Soil testing has been completed in the Floyd County Health Department has provided septic system requirements for super systems. | 00:04:41 | |
Staff recommendation. | 00:04:48 | |
Provide easement on plat for joint drives if determined necessary by the county engineer seems to be the only condition and this | 00:04:51 | |
is my understanding the subdivision. So it's an administrative action by the board. All right, thank you. Any questions for Don at | 00:04:56 | |
this time, anybody? | 00:05:02 | |
Thanks, Don. OK. At this time if the applicant would now come forward? | 00:05:10 | |
State your name and and address for the record. Yes, please. For the record. John Craft and law firm of Young Linden or some | 00:05:15 | |
Kraft, 126 W Spring Street, New Albany, appearing on behalf of the applicant and in this instance, as Mr. Lop read, this is an | 00:05:22 | |
administrative subdivision, a minor subdivision, so to speak. It is a replant of three lots that originally were part of Sundown | 00:05:28 | |
Farms. | 00:05:35 | |
As the findings that Mister Lop also went through, there are no new streets that are being opened. Each of the lots meets the | 00:05:42 | |
minimum requirements in the AR district as it relates to frontage. As it relates to the size, I think you probably have a flat in | 00:05:50 | |
front of you as far as what what's actually being presented. | 00:05:58 | |
This was there were several times. OK, I'll pass you that. Thank you, John. | 00:06:07 | |
These were submitted to Mr. Creeby that ultimately what you're going to find is that separation of those three lots now will allow | 00:06:13 | |
for the administrative portion of this to be done. | 00:06:21 | |
This is a ministerial act, certainly from the standpoint as it relates to meeting the requirements of the ordinance, as it relates | 00:06:30 | |
to size, Rd. frontage, all those necessary items and becomes a ministerial review as indicated on the plat that you see in front | 00:06:35 | |
of you. | 00:06:41 | |
Mr. McCarty, who is doing the work for my client. | 00:06:47 | |
Has placed on there the information as it relates to sight distances specifically. | 00:06:53 | |
I did attend the site visit along with the committee and there may be some issues on watch to a lots to be different on Pekin Road | 00:06:59 | |
and certainly as indicated on the plat, the references made that site distance will need to be approved by Horatio prior to a | 00:07:06 | |
building permit being issued. Certainly we will stipulate that his determination may then require shared driveway which would then | 00:07:13 | |
require a shared. | 00:07:21 | |
Shared driveway and maintenance agreement between those two lots. | 00:07:29 | |
It appears that those two may be the only two that may require it, but again, Horatio has not made that determination yet, and | 00:07:32 | |
certainly from that standpoint. | 00:07:37 | |
Reason why the notation is made on the flat since it is administrative subdivision and it is a ministerial act and we have met all | 00:07:42 | |
the requirements of the subdivision control ordinance. | 00:07:47 | |
We are here tonight asking for the approval. I'll take any questions you may have with me. All right, Any questions for Mr. Kraft | 00:07:53 | |
on the board? Thank you, John. Thank you. All right. This time we'd like to offer anybody like to speak in a favor of this | 00:08:00 | |
project, Please come forward, state your name, address for the record. | 00:08:06 | |
That being looked like nobody's out there. Anybody wants to speak in opposition, please come forward. State your name and address | 00:08:16 | |
for the record. | 00:08:20 | |
Good evening, I'm George Bercow. My address is 8072 Pekin Rd. | 00:08:28 | |
My property is just South of the. | 00:08:34 | |
The main residents of the band through via location. | 00:08:38 | |
I am opposed to the division of property due to the impact on traffic on Pekin Rd. | 00:08:42 | |
The drainage. | 00:08:48 | |
And water supply issues. | 00:08:50 | |
Plus the unknown impact on property values. | 00:08:53 | |
If the lots are populated with mobile homes or similar type properties. | 00:08:56 | |
However, I feel this. | 00:09:01 | |
Meeting is simply procedural and the Find Legal team representing Wanda Vance would not have scheduled this hearing. | 00:09:04 | |
Unless they had. | 00:09:12 | |
Secured the votes needed to move forward. | 00:09:14 | |
My major opposition would. | 00:09:17 | |
Be the added strain on the Floyd County Sheriff's Department. | 00:09:19 | |
I have no idea when I built my house. | 00:09:23 | |
In 2018. | 00:09:26 | |
That months later there would be 7 sheriff's vehicles in my driveway as a staging area. | 00:09:28 | |
For a raid on the bands Ruby property. | 00:09:36 | |
Even had. | 00:09:42 | |
Sheriff's deputies with tactical gear invest in some automatic weapons. | 00:09:43 | |
So. | 00:09:49 | |
Since then, there have been other altercations with law enforcement. | 00:09:52 | |
At that same address, the most recent happened earlier this year when my HVAC unit was shot and destroyed by a member of the. | 00:09:56 | |
Property next door. | 00:10:08 | |
Speaking with sheriff's deputies that have been on my property. | 00:10:11 | |
All of them have told me that they know their issues. | 00:10:15 | |
With that location and they have had issues proving that. | 00:10:20 | |
So. | 00:10:24 | |
My, I guess offer to Floyd County is I would gladly build a driveway in my location so that we could park a sheriff's deputy there | 00:10:28 | |
so they can monitor it from the hours of 12 to 4:00 AM in the morning. | 00:10:35 | |
When it seems like there's an endless stream of vehicles going out of that Ruby Vance property. | 00:10:42 | |
I encourage any future buyers. | 00:10:50 | |
Of these building lots to speak candidly with current residents of the area and police officers before purchasing any of these | 00:10:52 | |
lots. | 00:10:57 | |
Thank you. Thank you. | 00:11:03 | |
Anybody else like to come forward please? | 00:11:06 | |
All righty, that's case if the applicant would like to come back and have any follow up questions. | 00:11:11 | |
It's administrative, it's administrative lab. As a result of that we've met all requirements. OK, all right. At that time, no | 00:11:17 | |
other questions and we looking for a ballot. | 00:11:23 | |
I have a ballot. | 00:11:29 | |
Docket FC11-24-47. Applicant Wandavance. | 00:11:33 | |
After careful review, the plat committee finds that #1 the plat has submitted does comply with lot size and standards because the | 00:11:39 | |
new lights are all above 2 acres minimum with more than 200 foot of Rd. frontage. | 00:11:46 | |
#2 the plat as submitted does comply with the street design standards because no new streets are created at by this action. | 00:11:52 | |
#3 the Plat S submitted does comply with the easement standards because no changes. | 00:12:00 | |
Have been made to the original approved easements. Driveway easements are needed. | 00:12:06 | |
Driveway easements. | 00:12:12 | |
Driveway easements. | 00:12:14 | |
May be required. | 00:12:16 | |
Let me reword that. | 00:12:20 | |
#4 the plat. | 00:12:30 | |
As submitted. | 00:12:32 | |
Does comply with the block standards because there are no blocks required or proposed. | 00:12:34 | |
#5 The plat has submitted. | 00:12:40 | |
Does provide does not provide St. improvements as required by the ordinance because there are no new streets provided. | 00:12:43 | |
Number six, the plat estimated does comply with the water supply. | 00:12:52 | |
Standards because board and Triwater County. | 00:12:56 | |
Tri-county Water has provided a letter of service for the new lots #7 the Platte estimated this is suitable for sewage and | 00:12:59 | |
wastewater containment because soil testing has been completed and the Floyd County Health Department has provided septic system | 00:13:04 | |
requirements for suitable system. | 00:13:09 | |
The plan is accepted upon completion of the following condition. Provide an easement on the plat for joint driveways if determined | 00:13:15 | |
necessary by the County Engineer. | 00:13:19 | |
DECISION Deployed. County Planning Commission hereby grants primary primary approval of this administrative subdivision at the | 00:13:25 | |
meeting held on the 9th day of December, 2024. | 00:13:30 | |
That completes my ballot. | 00:13:35 | |
I got a question on #5 Yes, Sir. Did you say does or does not? Does not. | 00:13:38 | |
The plan does not provide St. improvements. | 00:13:44 | |
Because there's no additions of any streets, correct? Because there's no St. improvement. | 00:13:48 | |
There's no new streets, but it complies with the ordinance in that regard. Yeah, so I could. | 00:13:56 | |
I think it should be it does because it complies with the ordinance even though there are no new streets because I wasn't sure it | 00:14:03 | |
should be a does. | 00:14:08 | |
OK, so you do you want to mend that I can amend it to those best prevents Read number 51 more time. The plat as submitted does | 00:14:12 | |
provide St. improvements as required by the ordinance because there are no new streets provided. | 00:14:19 | |
That's weird wording, but I understand. | 00:14:28 | |
You done? I'm doing all right. We have a ballot. | 00:14:35 | |
We have a ballot any we have a 2nd, 2nd. | 00:14:38 | |
Do we have any discussion? | 00:14:43 | |
All in favor signify by aye aye, those opposed likewise. | 00:14:45 | |
It passes. Thank you guys. | 00:14:50 | |
All right, all right, next time. | 00:14:52 | |
On the agenda, Donald, if you'll help us through this one, Sorry, this is agenda item number 2. | 00:14:55 | |
GB-1124-07 Zoning ordinance amendment. | 00:15:03 | |
This is a zoning ordinance meant for the regarding the Town of Greenville. | 00:15:10 | |
The Floyd County for our Planning Commission serves as the Town of Greenville's Planning Commission, and the process for amending | 00:15:16 | |
zoning ordinances starts at the Planning Commission level and then proceeds to the municipal body. | 00:15:24 | |
So tonight you have in front of you a proposed zoning ordinance amendment that were provided by the. | 00:15:33 | |
By the town council. So tonight will be a public hearing and at the end of that public hearing you have three options regarding | 00:15:41 | |
the proposed zoning ordinance amendments. You can approve those. | 00:15:48 | |
You can with a favorable recommendation. You can disapprove those with an unfavorable recommendation, or you can forward those to | 00:15:56 | |
the town council with no recommendation. So favorable unfavorable are no recommendations. Are the three options available to you? | 00:16:04 | |
The amendments are to change in my understanding. Delete. | 00:16:12 | |
The following items Appendix A in the town of Greenville's land matrix, remove primary agricultural our agriculture from the | 00:16:21 | |
matrix and remove confined feed operations from the matrix. | 00:16:28 | |
In section 1001, Miscellaneous development Standards, subsection A, remove confined feed operations from the table, and subsection | 00:16:36 | |
G, delete and replace agricultural prime, primary and confined feed operations. | 00:16:44 | |
Our prohibited uses. | 00:16:53 | |
In all districts, so there are 5. | 00:16:55 | |
5 standards that you should pay reasonable attention to under the Indiana. | 00:17:01 | |
Zoning or our zoning codes are in statutes and 600 series the you should pay reasonable attention to the comprehensive plan | 00:17:07 | |
condition, current conditions and character, current structures and uses the most desirable use for which land in each district is | 00:17:15 | |
adapted, the conservation of property values throughout the jurisdiction and responsible growth and development. | 00:17:23 | |
From Nick's notes, in terms of rationale, the modifications are consistent with the. | 00:17:34 | |
And intent of the comprehensive plan to consider the nuisance. | 00:17:39 | |
Potential of land uses. These uses are not permitted in the Town by another previously adopted ordinance. Update will be | 00:17:43 | |
consistent with the Town's desire to prohibit the keeping of any type of livestock within the Town's jurisdiction. The Town seeks | 00:17:49 | |
to encourage residential and commercial development which may be deterred by these uses. | 00:17:56 | |
So that's Nick's staff. | 00:18:03 | |
OK. | 00:18:06 | |
John, don't go anywhere. I have a question if you're OK with that's what I'm gonna anybody questions, don't go anywhere. I got | 00:18:08 | |
some questions. | 00:18:11 | |
You know, I'm gonna ask questions to talk to Mag here. So what we're gonna do about the people that want to keep chickens in their | 00:18:14 | |
backyard because that's not if we're gonna, it's the way that sounds. They're gonna say no. That's my understanding from the town | 00:18:20 | |
is that and that's not OK because there are people that do that to save money. Not that. | 00:18:26 | |
I can only stay what's on my face on this piece of paper. | 00:18:36 | |
Like, I appreciate like larger act, but I do have a problem. We're gonna tell people they can't keep some backyard chickens. | 00:18:40 | |
In the city of Louisville, keep them. In Newark you keep them everywhere you can keep these and stuff too and every municipality. | 00:18:46 | |
So this is my my understanding and I could be wrong again. I I got this at 4:00 was that the the town has some other ordinances | 00:18:52 | |
regarding livestock. | 00:18:58 | |
And and prohibition of livestock and they just want to have those as consistent. | 00:19:04 | |
You, you as a board are giving a recommendation. So all you're doing is recommending you can give this an unfavorable | 00:19:09 | |
recommendation in the town of the council can sit and say we're going to pass it anyway, so. | 00:19:15 | |
Or you can. | 00:19:23 | |
So. | 00:19:26 | |
I like chickens too, I guess. | 00:19:28 | |
I don't know, yeah. | 00:19:30 | |
I mean we. | 00:19:32 | |
This is from our zoning ordinance. And so in our ordinance we have primary AG. We have primary AG in, in almost all of our, if I'm | 00:19:34 | |
not mistaken, all of our residential districts that allow certain items. How those are prohibited are through the HOA's and | 00:19:42 | |
through the restrictions and covenants and platted subdivisions and unplatted areas. It's it's not unless it's a deed restriction. | 00:19:50 | |
So that may be the issues that the town has because I don't believe with the exception of maybe 2. | 00:19:58 | |
Subdivisions that they have any planted. | 00:20:04 | |
But that's as much as I can speak to to their interests or desire. | 00:20:14 | |
All righty, any any other questions? | 00:20:23 | |
OK, so at this point we need. | 00:20:26 | |
We do need a ballot Ballot. | 00:20:29 | |
I'm sorry anybody will speak in favor correct? | 00:20:33 | |
It's just you opened up to anybody to speak, OK, Open discussion for the public. Anybody wants to come up and state their name and | 00:20:37 | |
address? | 00:20:40 | |
Come forward. Yes, Sir George. | 00:20:44 | |
State your name and address for the record please. | 00:20:48 | |
George Bercow, 8072 Pekin Rd. Greenville I guess it's really more of a question than a statement, but. | 00:20:51 | |
It seems like from confined feeding operations, if you look at, I guess there's difference of opinion here or a difference of | 00:20:57 | |
identity of combined competing operations because according to Indiana Department of Environmental Management, when you look at | 00:21:03 | |
confined feeding operations, you're talking about 300 or more cattle. | 00:21:09 | |
You're talking 600 or more swine or sheep. | 00:21:16 | |
30,000 or more poultry, ducks, turkeys, 500 or more horses. So if Greenville was talking about, hey, we're talking about confined | 00:21:19 | |
feeding operations of this size, then I guess that answers your question about keeping a couple of steers and on your property or | 00:21:26 | |
a couple of projects or just pet animals that you want to have around. | 00:21:34 | |
But I think there needs to be some more identification of of what considered a confined feeding operation. | 00:21:41 | |
Thank you. Thank you. Yeah, thank you. | 00:21:48 | |
Anybody else have any comments? | 00:21:50 | |
All right. Thank you. So once again, favorable and favorable or no recommendation is what we're looking for. | 00:21:56 | |
I can't do it. | 00:22:09 | |
I'd like to help you benefit, yeah. | 00:22:12 | |
I'll say you're unfavorable. | 00:22:14 | |
This way it's written. | 00:22:16 | |
Well, it seems to me if if if this is really. | 00:22:25 | |
Town decision, they're they're essentially just going through us, the tournament maybe maybe our best play is, is just no | 00:22:29 | |
recommendation and let them move forward in the way that they feel is necessary for their jurisdiction. And the reason that he's | 00:22:35 | |
saying no recommendation, he can speak for himself. Yeah, my thoughts was since it's essentially a town issue, maybe our best move | 00:22:41 | |
is no recommendation and let them make the decision they think it's best for green, I mean Greenville, because that's essentially | 00:22:47 | |
what they're going to do. | 00:22:53 | |
Way so and they currently sit there with the zoning ordinance and then some other ordinances they have that are conflicting, which | 00:22:59 | |
This is why they're wanting to clean it up, yeah. | 00:23:04 | |
That sounds fun to me. | 00:23:09 | |
So is that what you put in the? | 00:23:12 | |
That that's me nominating Larry to put that to a ballot. You just have to check, OK. | 00:23:15 | |
I will make a ballot. It's an easy one. Thank you. All right, I have a ballot. | 00:23:22 | |
Yeah. | 00:23:30 | |
So Dr. #GV-11-24-7 under the Floyd County Planning Commission conducted a special public hearing on the above reference docket and | 00:23:33 | |
zoning ordinance amendment proposal. Upon keff review, the Floyd County Planning Commission hereby makes no recommendation to the | 00:23:40 | |
Town Council concerning the zoning ordinance amendment proposal at the meeting held today. State. | 00:23:48 | |
The December 9th of 2024 and that's my balance. OK, we have the ballot any anybody a second I'll second we do have a second any | 00:23:57 | |
discussion if not all in favor signify by aye, those opposed likewise. | 00:24:04 | |
Perfect, we have. | 00:24:13 | |
Our discussion, but next night here. | 00:24:17 | |
All right, So we'll probably the open discussion on the wellhead protection overlay. We're just going to table that for. Is that | 00:24:20 | |
OK everybody? Do I need to vote on that? Let's vote on it. Yeah, I'll make a motion to take that. I got a motion to to kick it | 00:24:26 | |
down the road. I got a second hand discussion. | 00:24:32 | |
All in favor signify by aye aye. Those opposed likewise thank you all right now. | 00:24:38 | |
Just please don't leave until you sign. | 00:24:44 | |
And then you can adjourn as soon as we get a signature. | 00:24:48 | |
I can't yet. | 00:24:53 | |
He's afraid. Somebody leave. We gotta wait. I think you're waiting for signatures. | 00:24:55 | |
I just want to say one item. I think I started here 20 years ago. | 00:25:02 | |
And Planning Commission, I just want to thank everyone for your. | 00:25:07 | |
Diligence that you do on Planning Commission, it's a hard, thankless job. | 00:25:10 | |
And you know. | 00:25:15 | |
It is. And I've, you know, for the 20 years that I've. | 00:25:17 | |
I not all those. | 00:25:22 | |
I'm really thankful for Justin Tack and Nick taking some of these items off. But I did want to mention that to the board before | 00:25:24 | |
before I leave and. | 00:25:28 | |
You don't get the kudos as much as you do or should. But I just want to say that each and every one of you for taking this and I | 00:25:35 | |
will point out especially the elected officials. | 00:25:39 | |
Because that's even more things sometimes. So again, I wish you all the best of luck and. | 00:25:45 | |
Appreciate your service. Thank you, Don. | 00:25:51 | |
And Don, how many years have you been here? | 00:25:57 | |
20 years. Well, thank you for 20 years. | 00:25:59 | |
We're not. We're not letting it go quite yet. I know. I heard he's on, he's on retainer for the next year at least, right? | 00:26:03 | |
Wow, holy. | 00:26:12 | |
Panel back. | 00:26:19 | |
We're not letting you out the door though. Yeah, you survive. | 00:26:21 | |
Is that the last signature? | 00:26:26 | |
All right, I need a motion to adjourn. | 00:26:29 | |
Motion to adjourn. I need a second second. Motion 2nd, I'll second. | 00:26:31 | |
All in favor signify by aye. All right. Merry Christmas, everybody. Thank you for showing up. Yeah. Merry Christmas. | 00:26:38 |