Plan Commission - Regular Meeting

this way. Car this way. A car that way. We'll go ahead and call the June 18th plan commission meeting to order. We have a roll call, please. Meredith. Yes. Jason Carneahan here. Bill Hartman, here. Bill Van Y here. Sandy Harrison here. Jerry Yoder here. Frank Palver here. Suzanne Davis here. Angie Hul here. Tyler Lanning here. Alicia Rogers. Mike Mccerowitch. Andrew Cruz here. Chris Gmer and Meredith Wright here. We'll stand for the pledge of allegiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, liberty and justice for all. We'll now have a moment if someone would like to lead us in a quick word of prayer. Pray. Father God, uh it says in your word that where two or more are gathered, you will be here. Also, we invite you into this uh commissioner's court tonight, Lord, that um you might uh make our decisions true and make them to your your will and uh for your glory and for the uh residents of Decalp County in Jesus name. Amen. All received the minutes from the May meeting. If there's no additions or corrections, I would entertain a motion to approve those minutes. I'll make a motion to approve. Second.

Uh have a motion uh for approval and a second. All those in favor say I. I. Oppos? Same. Minutes are approved. Also in the packet was the claims from May. Same thing. Unless there's questions or corrections, take a motion for approve or deny. Make a motion to approve. Second. Have a motion and second to approve claims from May. All those in favor say I. Oppos. Same. Are approved. No old business. Chris sir, new business one petition 25-22 uh slmer if I say that wrong. Enterprises LLC requesting a zone map amendment for approximately 5 acres from C4 Highway commercial to I2 Low Industrial. Properties located at 6481 Merchants Drive and 6485 Merchants Drive, Leato, Indiana. Chris. All right. So, in your packets, we have a staff report there for Schlimler Schlimmer Enterprises. Uh 6481 and 6485 Merchants Drive in Leato. Um if you remember just couple three or four months ago maybe or no, it's been longer than that. Um we did a development plan and replat for um API construction. This is just across Merchants Drive from that. Um approximately 5 acres from C4 highway commercial to I2 lowintensity industrial. Um the petitioners are requesting the zone map amendment um so they can uh increase their uh prospective buyers or renters um of of the property to uh I2 um

district. Page two is the location map. Um, again, it's those two parcels there. Um, there's nothing on the northern parcel and then, um, to the south is the old, uh, indoor paintball arc. Page three is just a zoomed up image of that. Page four, uh, shows the existing zoning. um surrounding it um is all uh C2 or sorry C4. Um surrounding it to the north and to the uh west and east is C2 and then further to the west is I2 um low inensity industrial. So, um while this is sort of kind of considered spot zoning, there is industrial um uses and zones um relatively close. Future land use map um shows a commercial use. Um again to the west of that shows an industrial use. Um but as we've discussed on other reszones, um the future land use designation doesn't restrict the zoning districts that can go uh within that proposed zoning map on page six just shows um what it would look like as a zone if it was uh if it was changed from the C4 um highway commercial to the I2 low inensity industrial. Uh page seven there shows the differences between the C4 highway commercial and the I2 low inensity industrial. Um the permitted uses within the C4 um

are more highway uh oriented uses um things that uh people may need if they you know were driving down the highway for instance. um permitted in the I2 um is more uh manufacturing, assembly, flex space, um research center, some tool and die shops, uh warehousing, things of that nature. Um so more uses that would better um suit the building that's there and better suit the site. Um there were questions about some outdoor storage, which outdoor storage is is a development standard within our zoning ordinance. So, it's not part of a permitted use. Um so, if if if this use would need outdoor storage, that would be permitted um as a development standard of the underlying um zoning district and the use within that district. pretty simple on my end, but if anyone has any questions, I'd be happy to take them. Um, Jody, I believe, is here um to answer any questions that you may have as well. There any questions or discussion for Chris from the board or any questions for Jody since she's here? Okay. Since you brought it up, I wonder what you talking about outside storage. Is that just temporary storage? You said that. I don't know if like you know there was like need the need for um anything to be stored outside you know outdoor storage of materials or trucks

pallets pallets so there's not a so you're not allowing it for a longterm storage outside correct it would be for the business use business use so it's right constantly moving make your diet cris Any more board discussion for Chris or Jody? Anybody from the audience wish to speak for or against this petition? None. We'll close the public comment portion and move on to the findings. Mr. Cruz. All right. Thank you. I'm going to go through this zone map amendment reszone proposed findings. Uh the findings that we will be discussing are all um uh proposed and they're not final until it's actually voted upon by the plan commission. I'll start out with jurisdictional findings that we have for each of these uh applications. We've got application completed and filed on May 16th, 2025. Meredith. Yes. Legal notice published in the star on July 6th and publishers affidavit received. No, not July. I Oh, July 6th. Oh, should it be June 6th? Yeah, it should be June there. All right, we will change that to June. Yep. It'll be hard to do that ahead of the actual date arriving. Yes. All right. Uh, certificate of mailing notices sent and receipts given to staff. Yes. Non-objection letter from the county board of health dated May 22nd. Yes. Non-objection letter from the county highway department dated May 19th. Yes. Non-objection letter from the Decout County Soil and Water Conservation District dated May 19th. Yes. Non-objection letter from the county surveyor dated May 19th. Yes. And

the letter from the Decau County Airport Authority is not applicable in this situation. Now, we have the Unified Development Ordinance, the UDO, and statutory matters that have to be considered. There's five different matters uh five different issues that the plan commission has to consider before they make this decision and I'll go through them one at a time one through five and any discussion that you want to make on that uh we we need to have some discussion or some statement on each one of these points. Number one is the change in zoning paying reasonable regard to the comprehensive plan. I would say yes. This general area is is zoned both for industrial and commercial and it fits within that and the future land use doesn't require specifically that we stay within that um that commercial designation. All right. Number two is the change in zoning paying reasonable regard to the current conditions and the character of current structures and uses in each district. Yes, the existing development or the existing surrounding area is commercial and industrial. So, the change in zoning will be consistent with the surrounding properties and the current conditions and character of the current structures and land uses in the area. Uh, number three is the change in zoning paying reasonable regard to the most desirable use for which the land in each district is adapted. Yes, a proposed zoning district is desirable for this property and the area. Uh, number four is the change in zoning paying reasonable regard to the conservation of property values throughout the jurisdiction. Do not be disturbed.

Number five is the change in zoning paying reasonable regard to responsible development and growth. Uh yes, in changing the zoning of the property to to I2 low industri in low intensity industrial, the planning commission will be promoting the desired use of the land while promoting responsible development and growth. Now, the planning staff has given a recommendation and they're recommending a favorable recommendation to the county commissioners for the requested zone map amendment. And um should there be any conditions uh made by the plan commission uh and adopted by the county commissioners, they shall be written and recorded in the office of the Decal County Recorder. Back to you. Okay. Is there any more discussion on this petition from the board? If not, we are looking for a favorable, unfavorable, or no recommendation to the commissioners on this petition. I would move to submit a favorable recommendation to the county commissioners. Second. Have a motion and a second for a favorable favorable recommendation. Can we have a roll call vote, please? Yes. Bill Hartman, yes. Bill Van Y, yes. Sandy Harrison, yes. Jerry OD, yes. Frank Palver, yes. Suzanne Davis, yes. Angie Holt, yes. Tyler Lanning, yes. Jason Carneahan, yes. Was all of the petitions that we had. Now, do we have a You guys can leave if you want to. You don't don't have to remain. Thank you guys. I'll be in touch about the commissioner's meeting tomorrow. I'll shoot you an email. Yep. No

worries. Do we have a comprehensive plan update for I have a little bit of one. Um we have opened the online workshop which is um basically what the public workshops that y'all attended. Um it's basically just an online version for people who weren't able to attend the in-person ones. Um so we got that up until June 30th. Um, our next steering committee meeting is coming up um, I believe July 23rd. And then, um, our big ideas open house is going to be in September, which I'm coming to the commissioners on Monday to see if we can use the rotunda of the courthouse to do that. So, keep that in mind for Monday, Bill, um, after work hours. So, um, keep that uh, in the back of your mind. We got I got flyers if people want to um post these up somewhere. If you go to coffee shop in Garrett, wherever you hang out in Garrett, um post these. That would be that would be helpful for um us to help get the word out. So that's the update there. Okay. Do we have any reports from cities and towns from meetings? Um Hamilton cancelled their meeting. Butler held their meeting updating the their comprehensive plan and editing it. Uh they also are working on parking problems and the the uh city council is going to get involved and help the citizens figure out ways to get more parking without parking on the there's a grass strip um along the roads and they would prefer the the

citizens not park on the grass strips. So, they're trying to figure out ways to find parking for these people at their houses without damaging the city property. And then they're looking at increasing green spaces. There's um there was an appliance store in Butler, likes appliance, and they're going to um turn that into a city parking lot. And then they're also working on a hydrant problem at East Side where the new additional new addition of the gym is. That's what's going on in Butler. Actually, you still did. They have a new smiley face. New smiley. I saw that. She needs to darken her eyelashes a little bit. Yeah. I'm up there and fix it, Bill. Oh, yeah. That ain't going to happen. Mm- after I seen them paint that defin um in Auburn um they brought the planner brought forth um some changes to the UDO and one was a bit interesting where they wanted to do away with the language of of uh having public meetings. Well, they called them public It's in a meeting hearing as a public hearing. Public hearing. So then they wouldn't have to send out mail it. They wouldn't have to mail notices and they wouldn't have to put any legal disclosure in the newspaper. Luckily, nothing shady about that. Luckily, we had one person in the audience who

stood up and said, "I read the not legal notices every day first thing. That's how I know what's going on." and you should you should let the neighbors know, you should mail that out to them. And but he was saying that a lot of the other cities don't have it. They don't have that requirement to send out legal notices or posted in the paper. So anyway, then that got it got approved with that taken out. So now we're going to stay the same as we were, which was interesting. Water. Waterlue. We met earlier this week. Um there was a they're interested in putting a basketball academy. Um I didn't get the exact address. The train was going by as they were describing it. Uh it's it's just a concept right now. They'd be working with Jaguar Construction. It'd be sort of a shooting academy and be open to members of the community and the surrounding community. um it' be sort of a barn turned into um something that is would expand um opportunities in water and and throughout the community for kids that can't do travel leagues and don't want to spend that kind of money but they still want to get expert training from from the littles to you know high school students that might be interested in pursuing a college career in basketball. So I thought that was kind of cool and interesting. Um more to come on that. But I don't think there's any reasonzoning or anything required for that. But that's pretty exciting for Waterlue. Um, we did submit the uh the third application for the grant, the ochre grant for the maybe Andrew can tell me exactly where where that basketball academy was. Okay. So, if you remember the old Dairy Queen, there's a sand it's on 427 north going out of

town. There's like a wedge of property. It's just west of the trailer court and they're going to be uh their plan would be to build that building there. Yeah, there you go. Thank you. The old Dairy Queen. Um but we did submit the they submitted the okra for the okra grant. We should know by next week how the results were. There were lots of opportunities for each round has been improved. There were other opportunities to score additional points. So, we're hoping that that gets us over the line to qualify for that grant that will help with the um comp plan update for water. Garrett, nothing. Garrett. Okay. We have any comments from any of the public in attendance? Can you make sure the blue light is on and then state your name and address, please? Name's Randy Drake. Um 209 School Street, St. Joe, Indiana. And since there was updates on all the towns, I'm the president of the town board of St. Joe. And just let you guys know, um we are working in our cemetery. Uh we have fencing that we're putting around the backside. We have the local, um metal worker that built them for us. And then Reinhardts went ahead and powder coated them for us. So, we're working on that. We also have a new thing down at Wild Cherry Park. It's a small uh enc casement that has frisbes, footballs, kickballs, you know, things for the kids to play with. It's a new thing that we put out there. Um we also are working on our lowland area. Um Mary Simcox is heading that up. We're making it into a nice little nature preserve type of thing with uh um blue herring. Um the other thing that we're working on, we've we've got new roads, new drainage

through the main part of town. Uh the last four or five years we put u roads down the back streets. We got new um sidewalks throughout the whole town. Um just want to say that uh St. Joe is moving up and we're hoping to become more of a part of meetings like this so we can um learn from you guys on how to make our town a little bigger and better. Thank you. Anybody else from the audience speak on anything? Hey, I don't think we have anything else. We will journ. Yeah, we can re open reopen the meeting. Unadjourn the meeting. Did I not ask you? You did, but they didn't realize. I could see questioning, so I thought I You did fine. I I was waiting for one of them to come up and start the conversation, but I will. It's Mary's fault. I blame her. Yep. She's got she's gotten blamed for a lot. You can't blame Mary for I know I can't blame it for everything, but hey. So, I went to the town of uh sorry, Zebulon uh Griggs contacted me about um the town of

St. Joe's uh um comprehensive plan and the map that's in front of you. Um one thing that was brought up was the that the town of St. Joe has as you all know it as extr territorial jurisdiction. Something that Auburn, Garrett, Waterlue, Butler, Hamilton has. Um met with them. It is in their comprehensive plan. It is in their map. Comprehensive plan was adopted in 2011, I believe, October of 2011. So, it predates a requirement the Indiana code has, and Andrew and I discussed this and sent an email to Eric, but Eric Weber, their attorney, um, predates an ordinance or an Indiana code that requires um there to be basically an interlocal agreement between the county and the municipalities to have extra to practice extr territorial jurisdiction. The one thing that we found out, which I'm assuming Eric brought this to your attention last night, no, was that the entire comprehensive plan would have to be recorded in the recorder's office for that to be valid. It was I was going to say I think I have copy. Yeah, if it was We asked Eric for a copy of the recorded document and haven't gotten that. So, we would we just talked with him. I mean, I just emailed him about it last yesterday, I think. So, right, I would assume that he would have brought it up at the meeting, though. That's my only Yeah. there. So, if I can get a copy of the recorded document. Okay. So, if this is if it is recorded, Yeah. then um I don't believe that it it makes the approvals that we have had

within their area void. I don't I don't know what to look into. I don't It would be a a case law issue probably of um if a municipality had extr extr territorial jurisdiction that we just plain didn't know about until it was researched. Um I mean it it then does that does that mean that for instance the reszone that was done on um Len Reinhardt's property at 64 and State Road One, does that mean that that is not valid? Even though it went through our plan commission, we thought we had the um jurisdiction of that. Right. If we didn't have the jurisdiction, it might be void. It might be void. Right. Yeah. So, that's something that Andrew and Eric will have to to go in and research and and let us know what to do. But in the meantime, the map that you have in front of you um is the map that the town of St. Joe has in their conference of plan. um also names, you know, them having um basically a land use map. It's it's actually text in their in their comprehensive plan as well. So, I don't believe that it's not valid. The only thing I would need to see is the recorded document um from if it was recorded, I think then that it's it's a legal uh document. If it wasn't recorded um as the way I read the statute and Eric might have a different reading of it, but if it's not recorded, then it would not be uh would not be in effect even though it's in your comprehensive plan, but if it did get recorded at that time, then theoretically you guys would have the jurisdiction over that. Right. Right. Yeah. So when I met with them, plan commission just didn't know at that time. And one thing that I discussed with them is

okay, we have if this is, let's say that everything fell into place and they have the jurisdiction, they don't have the zoning done for these areas yet. So they would need to create zoning districts comparable to what the county has and then I told them that I would help them come up with what those are and get that into their um zoning ordinance. Thank you. You want to give an update now? Update now. Um, actually I personally took the comprehensive plan have recorded. Katie Firestone was the recorder at the time. Uh, we have a copy and should have a copy of that receipt that paid because I paid and then was reimbured by the town page. I think the first page has the stamp on. So, we can take care of that ASAP. Um and as um we were enlightened and glad that Chris came and shared and um gave us all a light bulb moment. We we the town of uh St. Joe, I was the clerk treasurer at the time. Uh the board members were eager to do the comprehensive plan. It was suggested that we do a comprehensive plan so that any funding that we required through OPRA uh any funding that we needed for special projects, we needed a comprehensive plan to have that happen. So, uh in all earnestness, the um town board members at that time uh did uh we got the planning grant through Oprah. Then the town did pay for the uh development of the comprehensive plan. The unfortunate thing which we just found out last week is the ball didn't go down the court and that's the Indiana

pun. I'm sorry the whole way didn't make it in the basket. Um so but we are eager to um and unknown that there was such a thing as a uh that tutorial district. Um so we're eager to get that taken care of. So we want our town to grow. Right now we're kind of styi our boundaries are getting um closer and closer and this is an opportunity to develop those um districts which we try to with this legend here try to match the zonings to the county at that time in 2011. So hopefully we can get everything straightened out and come back and have some positive outcomes with you folks. Appreciate it. Yeah. So the the districts that are on that map are just the land use districts. So in the in their zoning ordinance, they only have town specific districts. So working with them and working with me, we we will create districts that are agricultural, rural residential so that we aren't or sorry, I hate to say we so that they aren't um having, you know, an R2 district in a corn field, right? So like so it so it makes sense. Um so that will just have to be done through their town board. I trust that Mary does that Mary got this recorded. I don't think that she didn't, but if not, yeah, then yes, it would just revert back, but if but if it is, then county loses theoretically jurisdiction. I didn't want to say loses, but yes, loses that jurisdiction. It's not a bad thing because it means the local community is stepping up and planning ahead, zoning ahead, which is a good thing, right? So anyway, so I wanted I wanted to bring that forward to the plan commission just

so you had So if that is recorded then what happens with the reszone? That's what Andrew will have to look into. And if there's no but then there's no underlying zoning there at all. I was going to say then there would be no zone. So that's Did you all put a moratorum on your zoning? We Yes. Okay. Last night at the town board meeting. Okay. So that was a suggestion that that Eric and I had was put a moratorium on your zoning. Let's get that done as quickly as we can so they can adopt not a new zoning ordinance but get the districts that are in that extr territorial jurisdiction done so that they can play catchup. So someone probably should notify Lynn Reinhardt. Hey Lynn. Oh there you are. Yes. There you go. He's here. So we'll need to just look into that. Andrew and Eric Weber will need to look into it on behalf of the town and see what's going on. Y and to share with you folks, I was the clerk treasurer, served on the board for quite a while. Right now, I currently volunteer my time to uplift my community in each and every way that I can. Thank you. Thanks, Mary. Does the plan commission have any questions on that new new bit of information we learned? Yep. Literally on Thursday, last Thursday. Yeah. But this map doesn't show the ETJ. That is the ET. So that is the area the color the area that's in white is or sorry. No, the whole thing. Yeah, the whole thing is the ETJ. The black boundary. Go to your color. A whole big rectangle. Yeah. That's all the town of St. Joe. That that Yep. what you And then

everything outside of that. Everything that's colored. 56. Yep. Everything. The yellow. The yellow is the town, I think. Right on there. Well, it's the black out. This the corporate limit. Oh, the black outline. So, this is their town limits, right? So, then this whole big This would be their Yes. Right. jurisdiction. Oh. out everything outside of that. Oh, okay. Around the little town. It is. Yeah, that's kind of what I thought. It can be like a mile or two around a big ETJ. Okay. Two miles. It's like four times bigger than the town, right? So, they would do all the permitting through improvement location permits, reszones, development plans, property splits would be done through their plan commission. How much of that Greyber stuff might potentially be void as well that we did a while back? I mean, I don't know. We don't know if it's void or not until we do the research. So, how much of it grandfathered some kind of way or I don't know. I have no idea cuz that's I mean, that's the only thing that and lens is the only things I can think of we did in that area recently. Well, I guess out in there that's on the edge of the BZA thing we just did too with the wall is in the ETJ. I don't know. I mean I I don't know those answers. So I I I don't want to give a hypothetical because it just is going to cause more confusion. So I just don't know. when are you going to have any public discussion or comment since this came up? This is now would be time. Okay. I I guess I just kind of kind of walked in on it. It's kind of troubling to find out that you're a part of it and not be

aware of anything, not be aware of their discussion, not being aware that it was going to come up at the meeting tonight. Um Okay. and not knowing what what what is the state uh statutes that permit ETJs? I know they're out there. Um never been a part of one. Um so I guess I have a lot of questions that way. Um because we're talking about a town, a small town, St. Joe, that has an elected town council. those people in this ETJ would have absolutely no representation on that board yet they're going to make a decision on properties outside of the town. So the ext I guess that's concerning. So the extr territorial jurisdiction um requires that the plan commission have a member within the extr territorial jurisdiction. So there has to be a member on the plan commission that will represent that ETJ area. They have to live or own property within that ETJ area. Um the ETJ what we call ETJ extr territorial jurisdiction is under 3674205 is the Indiana code for that. Um and then there is additional Indiana code statutes for the interlocal agreements and that is under Indiana code 3674. Oh, it's all under 205 3674 205. Okay. So, and there's also an

issue if there's no underlying zoning currently in the ETJ, right? But we don't that's not really the county's, right? I'm just you may want to seek legal counsel as far as what zoning is there if any, you know, um, currently. But so I mean when this was done in 2011, Indiana code did not require there to be the county's agreement as there is now. Right? The only way they would is if the town of St. Joe would rewrite their comprehensive plan if it would get updated. Then there would need to become an interlocal agreement between the county plan commissions and the county um legislative bodies. So the town council and the county commissioners. But when it was done in 2011, that wasn't a requirement. So you're saying if it was done today and there was an interlocal agreement, the county plan commission would have some input correct into county plan commission would maybe such as the size of it because what it can be up to miles outside of there. Yep. And I mean I don't I mean I haven't even saw the map so I don't know how how far it goes. Um other than I hear I'm part of it. Um I don't know. I I did hear this morning something about it because it was discussed at their uh town board meeting last night. Uh I did briefly look. It looks like the town of St. Joe is maybe 320 acres. I would guess what's the size of the ETJ. I'm guessing it's multiples of what the size of the town is. I mean, we're not talking about Fort Wayne.

So, they've got a larger map over there. Um I I don't know if there's are there extra copies of the map. Yeah, I can say you can have that copy. There you go. But see the black that is the so this the son of St. Joe comprehensive plan was drawn up in 2011 and presumably it was recorded at that time as well. It wasn't it was in 2011 or somewhere thereabouts. So it's been in place all this time and so and and typically and there was no interlocal agreement but we with the c it didn't have to be. And but do we have an interlocal agreement with every other because they're all new similar community because they're new. Okay. Yep. And something didn't trigger it to be on our radar. I have no idea what didn't trigger it. And I'm surprised because Christy Stirts, who did our comprehensive plan in 2017, did their comprehensive plan in 2011. So how there was not memory that there was an ETJ when I just don't know. And to be honest, until Zebulon, who's on their town board, brought it to my attention, I I would have no idea unless I would have read their comprehensive plan. And so, um, yeah, there was just I believe the ball was dropped by their consult the consultant that the county hired versus Well, hopefully we can the as a town looks at it. You said there I mean the town will consider what the county zoning these underlying and that that we can work through that. Right. So the county won't have any say in what the town uses their zoning, right? They'll have to do that and get that done in a in a timely manner, which I trust they will. So you say work through it, but I also hear it sound like you really don't have anything to work through because they

can do what they want to. There's nothing that they need to come to you as a board for. Is that they won't need to work with the board. I I I I told them that I will help them as much as I can to get the county districts similar to what is in our UDO, but they will have to adopt that language. Correct. But there wouldn't be nothing that would be binding that you could correct make them do. N it's if if what they have was done, they've got the rights to do Yep. everything on their own. And that's the way it is for Auburn and Butler and Garrett and Waterlue and and 2011 was the first comprehensive plan for St. Joe. Okay. It was the first one. So, so we're looking at the only areas of concern would be like lens is between 2011 and 2025. Any of that common area would have to be looked at and the attorneys would have to weigh in on like at least three different things. What needs to happen with those reevaluated or whatever? Well, yeah, and we did. So, yeah, there's several there's there's several things we've done in that time span that would have to be get an answer to and that could be like a work together to let it go as was as we did it or whatever. I know I I did pull up the county's uh beacon GIS map. It doesn't even show a a thing that you can look at zoning for St. Joe. So, I didn't even realize and and know that St. Joe, correct? So, their own zoning. Town of St. Joe is not part of the county city GIS. Okay. Uh, agreement, conglomerate, whatever you want to call it. Um, so they will not be on Beacon. The only way they would be allowed to be on Beacon is if they join

the county city GIS. Okay. Thank you. You're welcome. Melvin Siri, uh, St. Joe. I'm probably in the middle of all this with 40 head of cattle, hay fields, barns, stuff that I invested in. And, uh, about 6 months ago uh, we heard the rumor about this. And I I just want to know if it's still true or not. I I went into the office and talked to Chris about zoning, reszoning an egg or something and uh he told me at that time that there was nothing to worry about. It's been a farm way back when when settlers had it and uh that there's nothing to worry about. And I wonder if that's still true. Well, that was prior to me knowing about this new information. So, as we just said with Lynn, it's up to the town now to create zoning districts that they want to see within these areas. So, it's not really the plan commission, county plan commission's role anymore. So, I didn't know that back when I spoke to you. I know, but that's where we made the mistake at. Well, but I think there still would be grandfathering potentially. I mean, I'd have to research that, right? But they would have to have it in their zoning ordinance to have non-conforming uses. I'm assuming they do. I don't know. So, that all has to be looked at through the town board. These are all valid concerns, and I'm not trying to dismiss them, but it's the town. It's really now up to the town to have these discussions with the property owners within that area. Well, if I had had my way, I'd have

resedone it back then. I I don't know what to tell you. Nothing to think about. Uh Ben Stur 5591, County Road 75A. Uh I've been attending St. Joe's meetings since I got the word of they used the word annex. Kind of scared the crap out of me. That's when I um I did approach Chris. We talked about the R1 cuz I had concerns and now today it's bit me in the butt with them concerns. Um we obviously butt right up against St. Joe. Uh we do have a you know cattle. Uh Lynn wouldn't even knowing anything about this if I didn't go to the meeting at St. Joe last night at 6:30. That was the first time I ever heard anything about a moratorum. I talked to the lawyer. They had about three sentences. One of the board members having didn't even know anything about what the moratorum was for, but there was two people voted and made that decision just like that. And now we're at their mercy. We got a town of maybe 300 people and they're going to try to tell us what to do with our property. Now we're back to land rights. We got the country is doing just fine. There's there's plenty of development out there. We're we're building houses, updating our houses, and now they're going to tell us what if we can build a barn. If we can't build a barn, you know, we look at the town of St. Joe. It is what it is. It's St. Joe. I I I enjoy the town. I drive through it 100 times a day. Love Riverdale. I'm you know but we look at what the board members of St. Joe have done. They don't follow they

don't do improvements the city obviously or the town or state put new roads in but there's you're you're having people that can't control their own town with just their ordinances that are now going to tell us what to do with our properties. This hasn't been told to anybody. Like I said, last night 6:30 was the first meeting. I've been to the other meetings. I've read through all of their meeting notes all the way back to what's been posted. I want to say like 20 back to the year 23 that's been posted. But in a matter of one motion in a moratorum, it's it's done. We're screwed. They can do what they want with us. You know, they can tell us our investment. Oh, now you got to move it out. You know, we've been fixing up the properties, putting in fencing. It's been a farm forever since about 1884. Now, we have two people that have never lived in the country, three people that are telling us what to do with our lives. I I just think I hope there's a way that you guys can put a pause to this. I think you're opening up liability also with some of this with maybe some of the other people that you guys have done zoning because if I was just had zoning done sold a farm I would be pretty upset and again our attorneys are going to look into it. I believe we was explained a lot of what your concerns are already. It was done prior to Indiana code requiring there to be an interlocal agreement between the county and the municipality. So if that's the case our hands are tied as well. So, I just don't I just I just don't know what else to tell you other than we're going to have to look into it. And part

of it is the ETJ process does feel a little anti-democratic because it's people you're not electing except for maybe that one board member. They're not elected. The people on the plan commission are not elected. But I'm just saying it's not it's not appointed by elected officials that you've voted for basically in that sense or that are the statute on the plan. The person in that ETJ will have to be appointed by the county commissioners. There you go. So that's how it is in Auburn. That's how it is in Butler and Water. So there'll be one representative in the county that is appointed by the commissioners. Now that will have to come when we muddle through all this that has just been lost. But it feels different than having your rules commission on it. I I get that. But it's the way there are rules that have to right that have to that you have to follow and appointments made. But the ETJ was created by statute and allowed and it's just and legally legally done. And the size it sounds like St. Joe didn't even realize that it had the ETJ or wasn't using it maybe. There you go. As much. I don't know until recently. The size of the ETJ is also state statute. Right. That's right. And the county doesn't have any control over that that I'm aware of. Right. Excuse me. Do they do they have to live in that ETJ or just own property? Either or. Either way. Either or. You want to be on the ETJ board? I would gladly. I was figuring out how to wait. Give your name to town board. Give your name to a county commissioner so they can have it when they're ready. I just wish there was a way that this was done correctly. Just to show up at a meeting at a small town with a map this big and just finding out about it. It wasn't done correctly. I know I understand there was mistakes in the past, but I really even hope the board considers the town of St. Joe, of resetting and really thinking about this because it it's it's going to be really poor on their

citizens on the outside of this that are that are really greatly getting affected. It's not it's it's not little houses, it's it's it's big properties and stuff. So, thank you. Excuse me. Um, it's unfortunate that a number of individuals have taken I can appreciate their concern, but like Chris said, we're muddling through. There was not a public notice. We we post our board meetings two a month when they are. Uh, we were not instructed that this was uh to be a notice was to be made uh regarding this situation. and it came up. Our attorney is at our meetings always and we followed his direction in how things were handled. That's why there was no public notice uh posted or in newspapers or whatever. Um we we and I'm going to speak for myself. Um I've lived in St. Joe for over 20 years. I am not a bad person. Some of you folks I've seen I've met in different uh arenas in our community, in our county. Um, it's it's I feel bad that there's a scare that folks feel that there's a scare tactic. They were not informed, but our board can deal with that, approach that and get with individuals and be better at the that communication. Okay. And I will stop and speak with Ben or maybe have some conversation with Ben when we leave this chamber. Thank you.

I guess just for my own clarity, Chris, are they saying that this area on this map is the ETJ that was recorded for sure or that's what they're proposing it be? Okay. And Chris and I will make sure that we've we see the recorded document to confirm that. And they can be up to each ETJ can be up to a certain distance. Is there like I think it's two miles outside. Is there somewhere this is what was recorded? This is what they have, right? If they would want anymore, we would have to then they would have to amend their comprehensive plan. Okay. Which means that then there would have to become an interlocal notend expand this or contract this without there being an amendment to the comprehensive plan. Okay. See, because it does seem awful large, but that's my that's the way the legislature created it so that towns could have some control. It's basically so that towns could have some influence on housing developments coming in on their edges in the county basically so that they could control. We went industry here, housing here, industry over here. City or town standards. Yeah. Well, I just thinking because St. Joe is so small, the ratio is so different than a bigger city like Fort Wayne. You go to Fort Wayne, go out two miles, you you're not encompassing that that many more acres than there is in the city. It's only about in their ordinance. I've got a copy of it mile to one and a half. I didn't want No, I saw you looking at me, so I knew I was doing something wrong. Um,

a quarter to one and a half miles outside of their corporate boundary. So, that's about what it is. And then I had our GIS guys just draw up what 2 miles looks like. And that's past County Road 51, past County Road 52, almost to County Road 71, and south of County Road 68. So what they're quote unquote taking up, while it may look large compared to the city or the town, it's that's what theoretically they could have done back in 2011. So um just so you all aware what that two miles looks like. Um, yeah. So, anyway, there you go. Is there any more comment from anybody in the public? Oh, we got another one. Does St. Joe have any plans in the near future to update the comprehensive plan by chance or Okay, we have been doing it. We thought there was one already there and we were going to re resubmit a new one because Zeb got on the board. Zeb is a business person. Debbie Langage. He grew up in St. Joe, lived there all his life. I've lived there all my life and I'm 60. So, um, anyway, uh, what I wanted to ask you is once we get this, will we be able to have representation on this board? I mean, is that something? Okay. Because I noticed when it first started, everybody said, you know, Garrett had this, Waterlue had this, Auburn had this, but I believe St. Joe has a representative from our plan commission that comes that I can't remember. So theoretically, yes. Okay. You could do it. Yes. Once you have extr territorial jurisdiction, you could. Well, because it's it is good that I heard what everybody else was doing. That's really nice. And if somebody else is here, they could bring it back to ours and say this is what they're doing and this is how they're doing it. So it wouldn't be a representative on this board. It would

be one of our board here going to to their meetings. Right. She said she went to the Yeah, we just have like we have trains too. Those representatives are not a state just want the history are not a state statute requirement. It's something that the this plan commission has done just to have keep everyone informed. So going to the meetings isn't a requirement or so if someone would go and they're missing one, it's not a requirement, but but we also could send the information to one of you guys that you could read here. of what we're up to, what we're doing. Right. We Yeah, we go but we're not voting members of each town's Right. Okay. I just wanted to say the the board members that are on right now are are really looking to improve the town and the town has improved. I mean, I've lived in the town. My kids grew up there. Grand kids were growing up. We had sidewalks that you used to ramp because they were so bad, the trees and everything. So the town looks so much better and we want to grow. That's our big thing is we do want to grow. When we started to try and grow, that's when I think all this happened because we were looking at annexing and uh Eric let us know we had a situation. So okay, but we will get a copy of the original one that was recorded and um work from there. Okay. Thank you very much. If there's no more public comment, we will adjourn.