Board of Zoning Appeals - Regular Meeting

Okay, it's 4 o'clock. I'm going to call today's meeting to order. We'll start with the pledge of allegiance. We're live streaming today. So, when you speak, if you please introduce yourself. Um, first item on the agenda is the approval of the minutes from July 8th and July 29th. Like to move to approve those. All in favor say I.

Opposed. Same sign. New business. Item A SD22-3. Mark.

Yes. This is a subdivision from that was uh went through preliminary and secondary in 2023 and uh they did finally get uh the infrastructure in completely and so it is to today for the final plat. Uh the applicant is Sherry Creek Property Group and the location is one quarter mile north of 580 north on the west side of 231. Uh the land use and existing zoning is residential and uh the proposed subdivision is adjacent to North McGomery High School. The petition request final plat approval of Fox's run the 15 lot subdivision in McGomery County road system. It is accessed off of 231. And your land use ordinance uh has not changed. They all lots are one acre in size. The lots will be on-site septic and well and staff does uh recommend approval of the final plot. Thank you, Mark. Is the petitioner here and have anything else to add? Thanks, Roger. Any questions from the board subdivision? Being none at 402, we're going to open the public hearing. Okay. Public hearing closed at 402.

Jake, I do have a question. Were they going to It says access to North McGomery High School. Is that a road or just a path, sidewalk pathway? Yeah. Okay. Any other questions or comments from the board?

Being none, I'd entertain a motion to approve. I move approval. Second.

We have a motion, a second. All in favor say I. I oppose. Same sign. Thank you. Item B, SD 2025-6 Mark. Your second case is SD 2025-6. The petitioner is the Jones Simpson and Charles Kelly subdivision. Your case today is to consider the preliminary plat approval of the Jones Simpson Kelly subdivision. The applicant is Charles Kelly. Owner is Stephen Jones and Michael Simpson. The property location is 60 North block of Newor Road. That 60 north is not an address. That's just a designator. Your land use and zoning. Uh the existing land use as agricultural row crop and existing zoning is commercial. Property is zoned commercial and is being used as agroc. The petition requests preliminary plat approval of the Jones Simpson Kelly plat. And the proposed plat splits two parcels owned by Jones and Simpson into one 12 acre parcel. The road the road system would be New Cor Road and your land use ordinances. Again, the proposed plat splits a 12 acre lot out of two parcels owned by Jones and Simpson. The special special flood has area is not located on the proposed lots in this plat. No wetlands are delineated on the proposed property. Storm water drainage ordens has not been evaluated in this plat review. Any development that locates on the proposed property would be required to submit calculations for

drainage and receive plan commission approval prior to final plat address numbering system can be met. The current proposed location does not have an approved entrance but can meet required distances as well as rightaway requirements on new road and the applicant is proposing a truck parking location. Based on the plat submitted, staff does recommend approval of the preliminary plat.

Thank you, Mark. Can I ask questions?

So when you say truck parking elaborate a little more

landstar is a training, right? That's going to be a training center as well. Okay.

Any other questions for Mark? Does petitioner have anything to add? 408 will open the public hearing. 408 will close the public hearing. like to entertain a motion to approve preliminary plot for Jones Simpson Kelly.

All in favor say I.

I oppose. Same sign. Item C, public hearing for preliminary plot of Twin Oaks, 8th and 9th edition plot amendment. to move my map around a little bit here. So, PA25-7 is a plat amendment of Twin Oaks 8th and 9th edition. Uh the applicant is RGW LLC and the property location is 1820 West Block of Blue Beach Lane in the Twin Oak subdivision, Crawfordville. Land use and zoning. The existing land use is single family dwellings and vacant properties. Your existing zoning is residential and neighboring properties are a and mostly residential. It is a higher density residential area. The petition requests pre Approval of the Twin Oaks 8th and 9th plat amendment. The proposed flat plat splits from 5 acre parcel three lots for incorporation into Twin Oaks 8th and 9th edition for the purpose of cleaning up the boundaries in the eighth and 9th edition on Blue Beach Lane in the Twin Oaks subdivision. The property is accessed from Black V, excuse me, Black Creek Valley Road and

then Twin Oaks Drive through Blue Beach Lane. All three lots are to be added to existing lots of the Twin Oaks subdivision. Lot one adds to a property to adjoining owners. Lot two adds to a plat area adjacent to lot 80 and lots three is added to a lot that joins. Uh, no special flood hazard area on the proposed lots. No delineation of wetlands exist on the properties. Uh, no drainage plan would be required for this plat amendment. And it because it is a clean cleanup of the lot eight and nine, I'm sorry, sections eight and nine of Twin Oaks. Based on the above findings, staff does recommend approval of the preliminary plat of the twin Twin Oaks eighth and ninth plat amendment. So you have the plat in front of you. And just for a little explanation really quick before the designer comes up, we there's some areas that don't show on this parcelization. And you can kind of see in your there's an area here that will be parcled off. That's partial There's an area over here that will be parcled off as lot number two and then there is a utility area or something that's unimproved in this area that will be partial as well. So let me zoom out just a little bit here. This area will be included in the northern parcel here which is actually a drainage area of Twin Oak subdivision. So this is a three lot subdivision plat amendment.

Thanks Mark. Any questions for Mark board?

Originally it was just a 15 foot swath of ground that wasn't deed to either side of the of the property. So it's still um part of the RGW property there. So, they are looking to clean up this area by giving that piece of property to one owner or the other, which I'm sure that the the uh in the intro from the owner, they can explain that a little better than I can. Is the designer here? Roger, would you like to speak?

Good evening everyone. Roger Razar with DS Engineering. As uh Mark mentioned, this is really a cleanup job. they did the subdivision. They left a lot of nooks and crannies everywhere. Um, the gentleman that lives at 1814 West Blue Beach, his septic is on the parcel that is part of RGW. So, what we're going to do is section that portion out and give it to that gentleman. So, he has a septic as part of his parcel. And then where the trees are that Mark had pointed out, um, the gentleman 922 when Oaks had taken care of it and he believed it was his. It's not. So, we're going to take that section, give it to him. And then there's that parcel three which is a 15 foot segment. When we did the boundary survey, we discovered that that was still part of RGW's property and that we're open to give to either one of the neighbors, whomever wants it. And if you nobody wants it for GW, we maintain we'll maintain ownership of that parcel. So it's really it should have never been done this way, but it is. So we're cleaning it all up just to make it clean. And I think uh when I talked to Mr. white cotton who owns the property and his cousin. It's going to be basically a free transfer just given the properties away just to clean that up and and have everybody kind of the septic with the house and the small sliver goes to one of the neighbors and that

you want to say something. Okay, we'll get you in the public hearing. We're about ready to start. So, okay. Right. So, we'll ask during the public hearing. So, 4:15 we're going to open the public hearing. So, go ahead. You can ask your question now.

Yes.

I'm Thomas A. Lawler. Uh, I own the property at 1896 West Blue Beach Lane, which is on the east side of that property line. I've been there 27 years, and as far as I understand it, my property line has always been the fence line, not going into the easement. Uh, I have absolutely no desire for that property. I don't want it at all. U, it's full of trees. You from this from the south end. If you look north, you can't see the north uh survey marker because it's so heavily wooded that it's impossible to do anything with. And Dick German lived there originally before I moved in. I've been there 27 years. He always took care of it when he sold the property to Peter Swanson. The Swanson's have always taken care of it. They've got the equipment to do it. I've got a 42 42 inch deck zero turn that it's impossible for me to get in there and try to even maintain it. If I tried to, I'd rip I'd rip the blades up trying to do anything with it. So, I have absolutely no desire to have that property. Thanks. Thanks for your time.

Thank you. Any additional public comment? Okay, being none, we'll close public hearing at 4:17. Now, I guess we're looking for a motion to approve the additional plot amendment. Or do we have additional com comments or conversation?

So we have a parcel nobody no one wants. How do you handle that? We have not offered the parcel to the property to the west because it lined up property. So we assumed he'd want it. There was an assumption he doesn't want it. We'll offer it to the property to the west. If they don't want it, Jack's going to maintain that property. He'll he'll keep ownership of it. We're not going to stop the process over a 15t swap. Nobody wants it. He'll just maintain ownership. Thank you, Roger. So, does that have any bearing on what we do? No, we're not we're not involved in any of that at all. This just drawing the lot lines, okay,

is all we're doing and what Mr. White Cotton does with it is not our business. today at all and no one can make anybody take property. So I think you're okay. I have a motion and second. All right. All in favor say I. I. Oppose. Same sign. Uh Steve Lloyd. Bob Campbell made a motion.

Okay. Item four, SD2025-8, public hearing for Pine Meadows Minor Park. Well, I don't have to move the map far because this is related to the same location. Um, so SD 2025-8 is Pine Meadows Minor Plat. The case is to consider the preliminary plat of Pine Meadows. Uh the applicant is Jack White Cotton. Property location is the 1700 West block of Old Wayne Town Road. Existing land use is single family dwelling and vacant. Existing zoning is a neighboring property zoning is a and residential. So the the request is for preliminary plat of the uh Pine Metals minor plat. The proposed plat splits the remainder of the RGW LLC property adjacent to Twin Oaks accessed off of Old Waynetown Road. The property is accessed from Old Wayne Town Road and has required frontage for the two lot minor plat property. If you remember, minor plat including the uh mother parcel and they have to be a minimum two acres and both of these lots would be two acres. Both lots will be served by on-site septic system and private well. There's no special flood hazard area and no delineated wetlands. Drainage plan will not be required due to the size of the billable lots per the minor plot plat address numbering system can be met with the proposed platted lots and uh on the existing property one house has already been built on the property and then we'll be splitting off a second two acre property. Uh staff does recommend approval of this

preliminary plat of the Pine Meadows minor platition petitioner have anything to add? Any questions of the This was split into two subdivisions because of the access. One is access from Old Wayne Town Road and access couldn't be gained from Blue Beach Lane. So that's why we have two, we have a plat amendment and a minor subdivision on the same property.

Just a uh question. It looks like the property line goes north side of Waynetown Road. True. Uh looks like the north property boundaries on the north side of Wayne Town Road. I mean it's not our issue, but

you are correct. The way the survey came out, it's on the north side of the road, but the road takes Preston obvious obviously with the right of way and what was remaining on the south side of it was four acres that we were able to split into two. Again, that was the residual of the mess that was below it. So once we cleaned that up, there were four acres left and Jack and his own two and two each. So that was the idea there. Is that a So this north side of the road is that on that encroachment on somebody else's property or is that

No, I think it's within the right of way of the road within the road actually. So, I mean, obviously the road's there. It's been there. Um, it has its right of way. So, it takes presence over the property line. Okay. At some point, if the county wants to clean it up, we can reserve the road out of it and have a transfer of that. But I don't see the need for it unless otherwise. Just curious. I'm good. Any other questions from the board? 423. We're going to open the public hearing.

Yes. Please state your name and address, please. I'm Jeff Burke and a property owner at 1881 West Blue Beach Lane. And just a question to understand now, the one lot is the lot that KY Cotton's new house has already been built on. Is that correct? And the other lot will also be accessed from Wayne Town Road. Is that correct? And the only concern I would have there is if people have driven along there as the road forks and the trees and so forth would be some potential safety concerns with with coming in and out of that driveway, which wouldn't be my problem necessarily. But just I don't know if that's been considered carefully in terms of exactly how that would would would work safely. Again, because there's a fork in the road right there uh and school buses and some other things. Uh just a a concern as an interested bystander. Again, it doesn't affect me where I live and I promise I'll be very careful to go by there because I know the risk, but other people may not. Thank you. Thank you. Any other public comment? Public hearings close at 4:24 on the access issue. the U owner when they get ready to build on that and they want access, they'll have to go to the highway department and get a permit and

at that time they'll do line of sight clearance issues and uh examine that part of the issue that Mr. Burke talks about. Thank you. This time I'd like to entertain a motion to approve second. Have a motion, a second. All in favor say I. I. Oppos. Same sign. Our fifth item is subdivision control ordinance amendment.

Thanks, Roger. Well, as stated at your July 8th meeting, we did tell you that we had a some amendments to the subdivision control ordinance for you. Uh, so as far as just a general summary of that 15, I'm sorry, 152.04 in the definitions, there's there's been a change to the definition of the subdivision. So, I'll just read the change for the purposes of this definition. The term partialization for agricultural purposes includes one subdivision of a parcel for single family residential of not more than two acres from a parent parcel. Subdivisions of more than one parcel of not more than two acres for single family residential and subdivisions of a parcel for single residential larger than two acres are not included in the scope. So this definition is just we're just expanding on that definition on that definition for some larger parcels that want a want to parcel off a a home lot. Uh 152.15 waiverss. Uh this edit requires petitioner to apply for variance at the time of sub submission request. I'm sorry, waiver. Sorry about that. So the applicant may apply for a waiver or more than one waiver from the requirements of the subvision control ordinance when making application for plat approval. So that is the change to that section. 152.19 public hearing adds language and time frame for incomplete applications. Uh 152.41 vacation of the plat. The this added advers requiring a complete application for the 30-day requirement which has been handed down

not more than 30 days. After receiving a complete petition, the zoning administrator will schedule a hearing on the petition and provide notice to all owners of land and that notice must be mailed at least 10 days prior. So 15242 is minor plat. This allows administrative approval of minor plants. And then the final edit which is in your packet today is regarding drainage and is 152.57 and this is handed down from us from the state from SB1 and other uh statutory requirements for the purposes of calculating and regulating storm water runoff from a developed and undeveloped plat. the following most recent data shall be used. Um, so these this is just tells us what data sets we have to use for drainage plans. And so that's that's the remainder of that's all of the edits of the subdivision code. Yes. For a minor, if it meets our code, the administrator being me could could approve that minor plot. Yes. For the final. Yes. Yes. And it does. And the only question when you have final plaid, Mark touched on this earlier, but the first question is, are the improvements done? They were supposed to be done, drainings, streams,

that sort of thing. And secondly, does the final PL comply substantially with the preliminary plan? Those things are really pretty administrative in nature. A lot of jurisdictions allow the zoning administrator to do that. That way, the the developer to come back a second time and have a minute to do. So, this is very common, but it's not something we uh put in the original sub ordinance. We thought changes might to make that go faster and freeze up your 4:30. will open the public hearing. 4:30 public hearing closed. Entert like to entertain a motion to accept the amendments to our subdivision control ordinance. Motion second. All in favor say I. I. Same sign. Other business. item a SC2025-9 central plat.

Again, this is just a concept at this time. This is on the north side of the town of London. Um, and it it is on the Byron Fugate property. It is a at this time it is a 68 acre parcel and they are looking to paralize um in the what would be the northeast corner of 1100 north and 231. I'll just roughly draw something in there so you see where it is uh for for a Dollar General. So I just wanted to introduce that location to you. uh they are looking to uh go through platting to to plat that lot off for the Dollar General prior to going to reszone with the plan commission and then the commissioners. So this is just an introduction today and and uh one of the things that you will hear in the future on this particular subdivision is the town of London is going to supply utilities to this property but they are not going to annex for just an introduction. You don't need an action item. Correct.

That's correct. Okay. I just bring these up to you. Make sure you don't have any questions. Uh again, our process requires them to have a parcel to reszone. Uh because we they don't want to reszone the entire 68 acres and neither do we. So we have them go through the subdivision process, create this lot, and then come back to us with the reszone. Thank you. Can you said corner of 1100 north and 231?

Yeah. Reason they're going in the corner is because that was already a parcel. Uh they did come to us for a variance uh to do commercial business on that property because it is a TK model home. So there and that went through the BCA and Their purpose for this is to have a model home for people to tour, also have a few offices, and then after four or five years, sell that as a single family dwelling and then do a model home somewhere else. They've done them in Brownsburg and Lafayette. Uh they have timed out in those locations. Uh they found a piece of property here in McGomery County that they could do this at. So that was that went through the BZA last year and yeah, they are building the house now. Anything else from the board? I'll make a motion to adjurnn. Have a second.

All in favor say I. I. So, next regular meeting is Tuesday, September 9th. Thank you.