Noble County Plan Commission Regular Meeting - November 20, 2024

NOBLE COUNTY PLAN COMMISSION - REGULAR SESSION

DATE: November 20, 2024   ·  TIME:   7:00 p.m.

LOCATION: Lobby, Noble County Annex Building – 109 N York Street Albion, Indiana

AGENDA

1.     Call to Order

2.     Roll Call

3.     Determination of Quorum

4.     Consideration of minutes

-          September 18, 2024

-          September 23, 2024

5.     Unfinished Business

6.     New Business

Simple Subdivision #1230 Eash, Jerry W & Mary J- In accordance with the Noble County Unified Development Ordinance (Article 9.18) requests a 1-lot Minor Subdivision, Lot 1 to be 2.01+/- ac, to be known as Eash Farm Homestead Minor Subdivision. Also requesting to leave a remainder of 0.99+/- ac with less the UDO minimum required road front and lot front, to be considered a non-conforming and non-buildable parcel. Real estate is located in Section 19 of Orange Township, quadrant 300, parcel 007, common location known as 0151 E. 800 N. Wawaka, IN.

Rezoning #588 Eicher, Benjamin L & Maryann H- In accordance with the Unified Development Ordinance, requests a Zoning Map Amendment from the Noble County Unified Development Ordinance (Article 9.22) to rezone 7.41+/- ac from Production Ag (A1) District to Low-Intensity Industrial (I1) District to allow for the permitted uses in the I1 zoning. Real estate is located in Section 10 of Wayne Township, quadrant 100, parcel 007 common location known as 10555 N. 1000 E. Kendallville, IN. Final consideration by the Noble County Commissioners on: 11/25/2024 at 10:30 AM at 109 N York St., Albion, IN 46701

Standard Subdivision #1235 Tri County Land Trustee Corporation Bontrager, Kenneth & Maria- In accordance with the Noble County Unified Development Ordinance (Article 9.19) requests a 1-Lot Major Subdivision of 3.72+/- ac, to be known as Scenic Meadow Major Subdivision; leaving a remainder of 61.28+/- ac. Property is located in Section 7 of Orange Township, quadrant 100, parcel 003, common location East and South of 0634 E. Northport Rd. Rome City, IN.

Rezoning #589 Tri County Land Trustee Corporation Bontrager, Kenneth & Maria- In accordance with the Unified Development Ordinance, requests a Zoning Map Amendment from the Noble County Unified Development Ordinance (Article 9.22) to rezone 3.72+/- ac from Production Ag (A1) District to Institutional (IS) District to allow for the permitted uses in the IS zoning. Real estate is located in Section 07 of Orange Township, quadrant 100, parcel 006 common location known as East and South of 0634 E. Northport Rd. Rome City, IN. Final consideration by the Noble County Commissioners on: 11/25/2024 at 10:30 AM at 109 N York St., Albion, IN 46701

Plan Commission to approve 2025 meeting(s) date for Plan Commission, Platt Committee and Board of Zoning Appeals.

7. Reports of Members, Staff, Officers, and Committees

-       Addresses                                                                 

-       Plat Committee & Administrative Subdivision Report

-       Zoning Violation Report

-       Member Reports

-          Signature Block – Development Plan

-          Open Board seats

-          Standard process in office – ownership change

-          Member Attendance

-          Comprehensive Plan

8.     Future Agenda Items

9.     Adjournment

Noble County Plan Commission Plat Committee

NOBLE COUNTY PLAN COMMISSION

Plat Committee

DATE:  November 13, 2024 ·  TIME:   8:10 a.m.

LOCATION: Noble County Plan Commissions Conference Room – 109 N. York St. Albion

AGENDA

A.     Call to Order

B.     Roll Call

C.      Determination of Quorum

D.     Unfinished business

E.      New Business

Minor-Plat Comm Subdivision No. 1228 DARCIE L MARVIN - In accordance with the Noble County Unified Development Ordinance (Article 9.18) requests a 2-Lot Minor Subdivision of 11.22+/- ac. Lot 1 to be 7.00+/- ac, Lot 2 to be 4.22+/- ac, to be known as Sieber Estate; leaving no remainder. Property is located Section 9 of Jefferson Township, quadrant 300, parcel 008, common location 4026 N. 225 E. Albion, IN.

Minor-Plat Comm Subdivision No. 1229 TAD S & DIANE S GROFF - In accordance with the Noble County Unified Development Ordinance (Article 9.18) requests a 2-Lot Minor Subdivision of 8.88+/- ac. Lot 1 to be 5.88+/- ac and Lot 2 to be 3.00+/- ac, to be known as River Bend Minor Subdivision; leaving a remainder of 15.58+/ ac. Property is located Section 7 of Perry Township, quadrant 300, parcel 005, common location 11794 W. 1025 N. -57 Millersburg, IN.

Minor-Plat Comm Subdivision No. 1231 BARRETT LIVING TRUST Rex & Lisa Barrett - In accordance with the Noble County Unified Development Ordinance (Article 9.18) requests a 1-Lot Minor Subdivision of 4.651+/- ac, to be known as Barrett Farms; leaving a remainder of 69.724+/ ac. Property is located Section 1 of Swan Township, quadrant 300, parcel 007, common location 0891 S. 1100 E. Avilla, IN.

Minor-Plat Comm Subdivision No. 1232 ROBERT C & KAREN M KOLDYKE - In accordance with the Noble County Unified Development Ordinance (Article 9.18) requests a 1-Lot Minor Subdivision of 6.78+/- ac, to be known as Thunder Ridge; leaving a remainder of 55.68+/ ac. Property is located Section 28 of Jefferson Township, quadrant 300, parcel 005, common location 2340 E. 125 N. Albion, IN.

Administrative Subdivision No. 1233 ROBERT C & KAREN M KOLDYKE – In accordance with the Noble County Unified Development Ordinance (Article 9.19 B.2.d) requests an Administrative Subdivision to subdivide a parcel into large lots. To be reviewed and considered by the Noble County Surveyor and the Noble County Zoning Administrator.

F.      BZA & Plan Commission review upcoming petitions.

G.     Adjournment

Noble County Plan Commission Plat Committee

NOBLE COUNTY PLAN COMMISSION

Plat Committee

DATE:  October 23, 2024 ·  TIME:   8:010 a.m.

LOCATION: Conference Room, Noble County Plan Commission Office

AGENDA 

A.     Call to Order

B.     Roll Call

C.      Determination of Quorum

D.     Unfinished business

E.      New Business

Minor-Plat Comm Subdivision No. 1225 DANIEL C & DAWN R DEW - In accordance with the Noble County Unified Development Ordinance (Article 9.18) request a 2-lot minor subdivision of 4.0+/- ac; Lot 1 as 2.00+/- ac & Lot 2 as 2.03+/- ac to be known as Dew Subdivision, leaving a remainder of 22.32+/- ac. Real estate is located in Section 30 of Swan Township, quadrant 300, parcel 003, common location 6245 E. 500 S. -57 Churubusco, IN

Minor-Plat Comm Subdivision No. 1226 CARL M & JUDY A HEGENAUER - In accordance with the Noble County Unified Development Ordinance (Article 9.18) requests a 2-lot minor subdivision of 9.00+/- ac; Lot 1 to be 7.00 +/- ac and Lot 2 to be 2.00 +/- ac to be known as Dream Valley, leaving no remainder. Property is located in Section 1 of Noble Township, quadrant 300, parcel 002, common location 0750 W. 100 S. Albion, IN.

F.      BZA & Plan Commission review upcoming petitions.

G.     Adjournment

Noble County Plan Commission Plat Committee

NOBLE COUNTY PLAN COMMISSION

Plat Committee

DATE:  October 9, 2024  ·  TIME:   8:10 a.m.

LOCATION: Conference Room in Plan Commission Office, Noble County Annex Building

AGENDA 

A.     Call to Order

B.     Roll Call

C.      Determination of Quorum

D.     Unfinished Business

E.      New Business

Minor-Plat Comm Subdivision No. 1224 c/o Stacey McGinnis JD REEVE ACRES LLC In accordance with the Noble County Unified Development Ordinance (Article 9.18) requests a 2-lot Minor Subdivision to be known as JD Reeve Acres Minor Subdivision; Lot 1 to be 3.00+/- ac, and Lot 2 to be 3.00+/- ac, leaving a remainder of 39.01+/- ac. Real estate is located in Section 04 of Jefferson Township, quadrant 300, parcel 003, common location known as 2013 E. 500 N. Albion, IN.

F.      Review Upcoming BZA Petitions

G.      Adjournment

Noble County Plan Commission - Plat Committee

NOBLE COUNTY PLAN COMMISSION

Plat Committee

DATE:  September 25, 2024 ·  TIME:   8:10 a.m.

LOCATION: Noble County Plan Commission Conference Room, Noble County Annex – 109 N York St. Albion, IN 46701

AGENDA 

A.     Call to Order

B.     Roll Call

C.      Determination of Quorum

D.     Unfinished business

-          Nothing to review

E.      New Business

Minor-Plat Comm Subdivision No. 1221 LEROY L SLABAUGH c/o Daryl Burkholder - In accordance with the Noble County Unified Development Ordinance (Article 9.18) requests a 2-lot Minor Subdivision to be known as Sprunger’s Minor Subdivision; Lot 1 to be 8.93+/- ac, and Lot 2 to be 10.00+/- ac, leaving no remainder. Real estate is located in Section 30 of Perry Township, quadrant 200, parcel 005, common location known as 1313 Buchtel Rd. Ligonier, IN.

F.      BZA & Plan Commission review upcoming petitions.

G.     Adjournment

NOBLE COUNTY PLAN COMMISSION – SPECIAL MEETING

NOBLE COUNTY PLAN COMMISSION – SPECIAL MEETING FOR THE

PUBLIC HEARING OF PROPOSED AMENDMENTS OF THE UNIFIED DEVELOPMENT ORDINANCE

DATE: September 23, 2024  ·  TIME:   5:30 PM

LOCATION: Noble County Annex Building – 109 N York Street Albion, Indiana

AGENDA

1.       Call to Order

2.       Roll Call

3.       Determination of Quorum

4.       New Business

A.      Members will consider the Commissioner’s request as a whole with a favorable, unfavorable, or no recommendation to the County Commissioners to be heard on October 15, 2024.

3.04 D.2 Non-participating Landowner Setbacks:

-          Commissioners requested a setback of “750’ from a non-participating property line”, in place of the existing setbacks of “300’ from any existing dwelling unit owned by a non-participating property owner and 50’ from the property line of a non-participating property line, whichever is greater”

·         R. Sexton made a motion on 8/21/24 for no change to Article 3.04 D.2. T. Griffiths seconded the motion. The motion failed without a majority vote (4-2).

Article 3.04 N Surety:

-          Commissioners requested a change of title from “Surety” to Financial Assurance”,

-          Commissioner requested cash escrow only, to be held in an interest-bearing account held by the Noble County Treasurer.

·         R. Sexton made a motion for no change to Article 3.04 T. Griffiths seconded the motion, which was approved by a unanimous 6-member majority voice vote: 6-0.

Article 3.04 H.6 Liability Insurance:

-          The commissioner requests the Landowner also be required to hold a separate liability insurance policy of at least 2 million, submitted to the Commissioners and the Zoning Administrator Annually.

·         T. Griffiths made a motion for no change to Article 3.04.H.6. R. Sexton seconded the motion, which was approved by a unanimous 6-member majority voice vote: 6-0.

Article 3.04 P Operation and Maintenance & Article 9.10 I.2 Surety Updates:

-          The commissioners request to adjust the re-examination time frame to be every 3 years as opposed to every 5 years.

·         R. Sexton made a motion for no change to Article 9.10 I.2 J. Cunningham seconded the motion, which was approved by a unanimous 6-member majority voice vote: 6-0.

Article 10.02 B Responsibility:

-          The Commissioners request to replace the word “owner” with “landowner” in the last sentence to clarify the ultimate responsibility for any violation.

·         A. Hess made a motion for no change to Article 10.02 B. R. Sexton seconded the motion, which was approved by a unanimous 6-member majority voice vote: 6-0

B.      Members will consider their alternative proposal to the Commissioners’ request. Each topic will be presented individually with a favorable, unfavorable, or no recommendation to the County Commissioners to be heard on October 15, 2024.

a.       Article 3.04 D.2 Non-participating Landowner Setbacks: A. Kline motioned for the amendment listed below. R. Sexton seconded the motion, which was approved by a 5-1 vote with A. Hess voting unfavorable.

                i.      all equipment and components of a CSES for parcels that are 3.00 acres or less shall be a minimum of 350’ from any existing dwelling unit owned by a nonparticipating landowner and 50’ from the nonparticipating landowner property line whichever is greater.

b.       Home Based Business: R. Sexton made a motion for the amendments listed below. J. Cunningham seconded the motion, which was approved unanimously by a 6-member voice vote.

               i.      Article 2.21 Lake Residential (LR) District:

1.       In the permitted uses column, add a notation to the end of home business (type 2) to read: “- lots of 1 acre of more”

     ii.      Article 5.26 Home Based Business Type 2:

1.       The business owner shall reside in the primary dwelling

2.       No outside employees

3.       in the Lake Residential zoning district, the HBB is required to be on a parcel of 1 ac or more.

iii.      Article 5.27 Home Based Business Type 3:

1.       B (1) Remove “Light Manufacturing”

2.       E (2) (a) limit structure size to 600sf

3.       C (1) Business owner shall reside in the primary dwelling

4.       C (2) No outside employees

5.       E (4) (b) & (c) Changes to “Exterior storage”

6.       b: Change the entire section to read: “Except for that listed in section a, all exterior storage shall be prohibited.”

7.       c: remove this section.

c.        Article 11 Adjustments and new proposed definition

      i.      Article 11 – Adjust the definition for “Owner”: A. Hess motioned to adjust (better define as suggested by County Commissioner Attorney) the definition of owner. R. Sexton seconded the motion, which was approved by a unanimous 6-member majority voice vote.

-          Modified (new/changed) Definition for “Owner: Any legal entity having legal title to or sufficient possessional interest in the land sought to be subdivided, leased, or used under these regulations, or their legal representative. This would include any, legal property owner(s) (having record title), tenant, group of persons, firm(s), corporation(s), project owner(s), lessee(s), or contractual owner(s).”
  ii.      Article 11 – Add a definition for “Surety”: A. Kline made a motion to create a definition for “Surety”. T. Griffiths seconded the motion, which was approved by a unanimous 6-member majority voice vote.

-          New Definition for “Surety: a financial guarantee and/or a guarantee of standards.” In the definition of Surety.
iii.      Article 11 – Add a definition for “Wildlife Corridor”: A. Kline made a motion to create a definition for “wildlife corridor” R. Sexton seconded the motion, which was approved by a unanimous 6-member voice vote.

-          New Definition for “Wildlife Corridor: Adequate habitat for species for use in travel, food, nesting, or escape.”.

5.       Adjournment