FRANKLIN COUNTY AREA PLAN COMMISSION

MEMORANDUM & MINUTES

April 13, 2016

COMMISSIONERS/COUNCIL PUBLIC MEETING ROOM 203

Those Present: Area Plan Commission members: Rick McMillin, Ed Derickson, Curtis Ward, Joe Gillespie, Anna Morrow, Robert Braun, and Deborah Neanover. Also present were Tammy Davis, Cindy Orschell and Fayetta Hay.

Mr. McMillin opened the meeting with the Pledge of Allegiance.

MINUTES OF MARCH 9, 2016 – Motion was made by Mr. Braun to approve the minutes of March 9, 2016, and Debbie Neanover 2nd, All-in-Favor (AIF), Motion Carried (MC).

CONDITIONAL USE FOR FIREHOUSE: Daryl Kramer previously brought before the board a request to add conditional use for firehouse. As the Code also needed some other changes in order to identify correct references or to clarify language to several sections in the code, Mr. McMillin stated this change should also be addressed. Mr. Kramer recommended that conditional use for firehouse be added together with conditional use for the storage and dispatch of fire, EMS and other emergency apparatus and that the approval process be Class 2 permit by executive decision to be permitted in zones: A-1, A-2, RE, R-1, R-2, R-3, GB, LB, PB, I-1 and I-2. Minimum lot size and minimum setbacks same as base zone, tornado warning devices areallowedtogether with emergency lighting. Mr. Braun moved to approve the recommended addition, Mr. Derickson 2nd,. AIF. MC.

SECTION 80.02 E., CITZEN’S GUIDE TO ZONING, Page 7 - Citizen’s Guide change, Section 80.02 E., add ‘usually‘ to the second paragraph as follows: ‘The APC Board and BZA meet once a month, usually on the second Wednesday, and more often if needed.’ Mr. Gillespie moved, Mr. Braun 2nd, AIF, MC.

SECTION 80.04.03 C, THE ZONE MAP, Page 52 - Reference of 80.11.07 should be changed to 80.11.07 C 1. a. as follows: ‘...a violation of this Ordinance and punishable as provided under Section 80.11.07 C 1. A’. Mr. Gillespie moved to approve, Ms. Morrow 2nd, AIF, MC.

SECTION 80.05.04 A. 2 c., REQUIREMENTS FOR KEEPING HOUSEHOLD PETS, Page 56 – Recommendation was made that the ‘Nuisance Law’ reference in the Code be replaced with reference to ‘Ordinance 2004-10, the Small Animal Control Ordinance’ which puts the enforcement with the commissioners, small animal control officer, and sheriff. Mr. Gillespie stated that there are very few

venues forcitizens to be able to vent and the APC has always been one of those venues. Mr. Braun moved to approve the change.Mr. McMillin 2nd. Four in favor withthree, Mr. Gillespie, Mr. Derickson and Mr. Ward, opposing. Ms. Davis stated that some of these disputes were able to be worked out without court action and although it isn't really a land issue, the board is a venue for the citizens.

SECTION 80.06.02 A. 1, CONDITIONAL USES, Page 61 – Add definition of Site Plan as follows: ‘For definition of ‘site plan’ see 80.11.04 A. 2. All items a. through j. are included in the site plan.' Mr. Gillespie moved to include and Ms. Neanover 2nd. Mr. Ward requested that it be added to the definitions in the back of the book and Mr. McMillin moved that it be added to Section 80.13 Definitions, page 139. AIF. MC.

Section 80.06.03 A. 1., CONDITIONAL USES, Page 61 - Same as recommended for section above. Mr.Braun moved to include and Ms. Morrow 2nd. AIF. MC. Ms. Morrow mentioned that the ‘Definition’ section ‘Development Plan’ with reference to 80.12.05 needs to be corrected to reflect that Section 80.11.04 A. 2. should be used to determine site plan rather than Development Plan.

SECTION 80.06.04, CONDITIONAL USES, Page 64 - Mr. Gillespie moved to delete the term ‘Tourist Home’ from the third paragraph as follows: ‘Boarding House, Lodging House, Tourist Home (DELETE), AND Bed and Breakfast of 9 or Greater Rental Units.’ Mr. Ward 2nd. AIF. MC.

SECTION 80.08.02 C. 5, GENERAL REGULATIONS, Page 83 – Ms. Morrow moved to change ‘Exception’, which is an obsolete term, to ‘Variance’ in two places as follows: ‘5. Variance. In cases of question as to the applicability of these standards, such proposed conversion shall be deemed a variance and placed before the BZA in accordance with the requirements in Section 80.12.’ Ms. Neanover 2nd. AIF. MC

SECTION 80.08.02. A. GENERAL REGULATIONS, Page 83 – The Undeniable Access Definition should be inserted as follows below ‘Access’, ‘See Section 80.09.01 D. 5. (2011-16 Amendment).’. Ms. Neanover moved to include. Mr. Ward 2nd. AIF. MC.

SECTION 80.08.04 A, HEIGHT RESTRICTIONS, Page 86 – Mr. Gillespie moved to include ‘I-2’. Mr. Derickson 2nd. AIF. MC.

SECTION 80.08.04 C, HEIGHT RESTRICTIONS, Page 86 – Mr. Gillespie moved to change ‘GB, 1-1’ to ‘GB, I-1’. Mr. Ward 2nd. AIF. MC.

SECTION 80.08.04 B, HEIGHT RESTRICTIONS, Page 86 - Mr. Ward moved to add zoning districts A-1, A-2, RE, R-1, R-2, and R-3, Mr. Gillespie 2nd. AIF. MC.

SECTION 80.08.06 B. 2. PARKING AND LOADING STANDARDS, Page 91 – Mr. Gillespie moved to add ‘I-1’. Mr. Ward 2nd. AIF. MC.

SECTION 80.10.07 I 3 SEWERS, Page 116 – Mr. Gillespie moved to delete '(D)' and change '(E)' to (J). Ms. Morrow 2nd. Mr. Derickson amended to change ‘D’ to ‘I’. AIF. MC.

SECTION 80.10.07 J. 2. WATER, Page 116 - Mr. Gillespie moved to correct ‘trains’ to ‘mains’. Mr. Braun 2nd. AIF. MC.

SECTION 80.10.07 L, IMPROVEMENT CREDIT PROCEDURE, Page 116 - Mr. Ward moved to change 'contact' to 'contract'. Mr. Gillespie 2nd. AIF. MC.

SECTION 80.11.04 B, PERMITS, Page 123 - Mr. Gillespie moved to delete 80.18 and 80.19 and replace with ’80.03.10 and 80.03.11’. Ms. Neanover 2nd. AIF. MC.

SECTION 80.11.05 D, FILING FEES AND FORMS, Page 125 – Mr. Gillespie moved to delete ‘Exceptions’ in the narrative. Ms. Morrow 2nd. AIF. MC.

SECTION 80.12.01 I. 2, GENERAL PROVISIONS, Page 131 - Ms. Neanover moved to delete ‘…and special exceptions’ in the narrative as special exceptions no longer exist. Mr. Braun 2nd. AIF. MC.

SECTION 80.12.01 J. 2 b., GENERAL PROVISIONS, Page 132 – Mr. Gillespie moved to delete ‘of’ (the second instance) to read as follows: ‘…but only in the classes of cases ‘of’ (DELETE) in the particular situations…’. Ms. Neanover 2nd. AIF. MC.

SECTION 80.13, DEFINITIONS, Page 139 – In reference to ‘Development Plan’ and ‘Site Plan’ definitions, Mr. McMillin wished to change the term 'site plan' to be defined in the same manner as a 'development plan.' Mr. Gillespie stated a development plan is different than a site plan as a site plan reflects the existing conditions and a development plan shows how you plan to develop something for future development. A site plan is required when a house is built. A development plan is for a planned business or an ongoing business plan. Mr. Gillespie will investigate the language, but moves to delete reference to ‘80.12.05’ in 'Development Plan' definitions. Mr. Braun 2nd. AIF. MC.

In ‘Definitions’ add ‘Site Plan, See Section 80.11.04 A. 2.’. Mr. McMillin requested that Ms. Orschell and Ms. Hay provide a definition for ‘Site Plan’ and reference back to 80.11.04 A 2.’

SECTION 80.13, DEFINITIONS, Page 140 – Definition of Flood Plain, Delete ’80.05.15’ and add ‘FEMA designation, see Section 80.03.15’. Mr. Gillespie moved, Mr. Ward 2nd, AIF. MC.

SECTION 80.0.03, SWIMMING POOLS, Page 55 – Mr. Derickson recommended a code change to exempt above ground pools from the fencing and permit requirements. He stated that above-ground pools with sidewalls at least four feet high with a removable ladder shouldn’t require a fence. Board members did not agree with excluding the permit process for above-ground pools. Mr. Gillespie moved that Mr. Derickson provide Ms. Orschell with his proposed language for advertisement with other code changes for hearing. Mr. Ward added that he did not want the above-ground pool permit process exempted. Mr. Braun 2nd, AIF. MC.

Mr. McMillin stated that proposed Code changes must be advertised with a public hearing being held. After the hearing, the recommendations are then forwarded to the commissions for action thereon.

REVIEW CONFINED FEEDING SETBACK: Mr. Derickson requested that CAFO set back requirements be reviewed with the County Commissioners. Mr. McMillin stated that it is on public record that Mr. Derickson has mentioned this.

OAK FOREST STORE: Ms. Martin appeared before the board as she received a Code Violation letter, dated January 15, 2016, for operating a business in an agricultural zone. Ms. Martin purchased the property, which was previously used as a commercial property, in order to operate an antique/general store. The property has not actually operated as a general store for over a year. Mr. Ward stated that it is assessed as commercial property, but located in A-2. Mr. Braun moved to grandfather the Oak Forest Store as a commercial property and Mr. Ward 2nd. AIF. MC.

STIPPS HILL ROAD VIOLATION: Ms. Davis summarized her efforts to serve notice on the property owner regarding the code violations, but the letters have been returned. Mr. Gilespie moved that Ms. Davis provide notice to the Sheriff to post notice on the camper, which is located on the property. Mr. McMillin 2nd. AIF. MC.

ADJOURNMENT- Mr. Derickson moved to adjourn the meeting, Mr. Ward 2nd. AIF. Meeting adjourned at 8:58 P.M.

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Rick McMillin, President Fayetta L. Hay, Recording Secretary

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