[0:53] All right, good evening, ladies and gentlemen. We'll now convene
[0:57] the September 2026 meeting of the Clark County Plan Commission.
[1:03] We'll begin tonight with an announcement of our meeting rules.
[1:07] Good evening, ladies and gentlemen. I would ask you that
[1:10] please turn off for silence and his cell phones or
[1:12] electronic devices you have so as not to disrupt tonight's
[1:16] hearing. If you're going to speak to the commission tonight,
[1:18] we'd ask you to please come forward, set at this
[1:20] table and speak into the microphone. First thing we'd ask
[1:25] you to do is state your name and address so
[1:27] that we have that for the record. The applicant for
[1:30] each agenda item tonight can have up to 15 minutes
[1:33] to present evidence to this commission and supportive application, but
[1:37] the reservation for rebuttal time at the end. Thereafter one
[1:41] person from each household who had received a notice of
[1:44] an agenda item may have up to three minutes to
[1:46] present evidence to the commission in support of or against
[1:49] the application. Other interested parties may its discretion of the
[1:53] commission have additional time percent relevant evidence to the board.
[1:59] All questions about the application or the applicant should be
[2:01] directed to the commission, which the commission men may then
[2:04] direct to the applicant if the commission determines that those
[2:07] questions are relevant and would assist them in making their
[2:10] determination. The commission may refute, refuse to hear irrelevant or
[2:15] repetitive evidence or other statements and the president of the
[2:19] commission shall determine what information is relevant and or repetitive.
[2:23] The commission may ask applicants or anyone speaking for or
[2:27] against an application questions regarding an agenda item and a
[2:31] reasonable additional time will be allowed for responding to such
[2:34] questions. Please keep in mind that if you have questions
[2:37] or concerns about drainage issues, this board or this commission
[2:41] does not have jurisdiction over that. Those concerns should be
[2:45] addressed to the county drainage board. Mr. Bryson. All right,
[2:48] thank you, Mr. King. For our public hearing items tonight,
[2:52] we're going to jump a little out of order here
[2:54] to item number B, just in case anyone here is
[2:57] here specifically for this item. This is PC 26 -
[3:01] 26. It's a preliminary subdivision platform 60 between Ashby Lane
[3:10] and Sweet Amy Way. This is an application from Chase
[3:15] Murphy Enterprises. This petition will need to be tabled due
[3:19] to insufficient information having been received surrounding the details of
[3:25] a proposed residual lot without a means of access. So
[3:30] if a member would be so kind as to make
[3:34] a motion to table. I make a motion to table
[3:37] PC 26 - 26 until October 14, 2026. I'll second.
[3:43] All right. We have. A motion to table. We have
[3:46] a second. Those in favor, please indicate saying aye. Aye.
[3:50] Opposed. All right. That item will be tabled until next
[3:54] month's meeting on October 14th. With that, we'll move to
[3:58] item A. This is PC 26 - 25. It's a
[4:02] change of zone from agricultural to M2 heavy industry for
[4:07] property located on the north side of Charlestown Bethlehem Road.
[4:11] Extended west of Dave Carr Road. The applicant is Moser
[4:17] Crushstone ink.
[4:30] Please. State your name and address for us, please. My
[4:33] name is Winona Fosselman. The address is 15602. Charlestown Bethlehem
[4:41] Road in Charlestown. All right. Thank you. You want to
[4:44] tell us a little bit about this request? Yes. The
[4:48] original, the whole parcel is actually 72 and a half
[4:52] acres. I have looked through our archives. Cannot find a
[4:58] reason. Talk to Eric some and we can't, I don't
[5:02] know why. But about five acres was left out of
[5:06] the zoning back in the 90s. We need to be
[5:11] able to mine that. Along with the rest of the
[5:15] parcel. And so we're asking for the zoning change.
[5:26] Is there any questions from the commission on the nature
[5:28] of this report? So is that already being used. For
[5:31] commercial? The five acres. Yeah, man. Please. Five acres is
[5:36] in the same. Oh, so, okay. For some reason it's
[5:40] carved out. Strip that. Off. And mine that part. Gotcha.
[5:47] Okay. And you bought it in the 90 area when
[5:50] it was zoned in the 90s that just for some
[5:52] reason that piece was left out. Yeah. I don't know
[5:55] if that happened prior to us purchasing it or right
[5:58] around the same time as we purchased it. But, um,
[6:03] for whatever reason, that five acres, it's all part of
[6:06] that one parcel, but it was left out of the
[6:08] zoning. Any other questions for the applicant? No. All right.
[6:15] Thank you very much. You're welcome. Thank you. All right.
[6:20] With that, we will open public hearing on this item.
[6:23] Is there anyone here to speak for or against PC
[6:27] 26 - 25. Right. Let the record reflect. No one
[6:34] has indicated they wish to speak. And with that, we
[6:37] will close public comment. On this item. Looks pretty straightforward.
[6:45] And any concerns kind of looks like it should have
[6:47] been done a lot of time ago. Right. I'll make
[6:52] a motion to approve PC 26 - 25. Change of
[6:56] zone from Ag to M2. For property located on a
[7:00] north side of Charlestown Bethlehem Road. Thank you, Mr. Whitington.
[7:07] I'll second. All right. Thank you, Mr. Glover. I have
[7:11] a motion to approve PC 26 - 25. And I
[7:14] have a second. We'll now vote with those in favor.
[7:17] Please indicate to sing aye. Aye. Opposed. Right. Motion carries.
[7:24] And we will move now to PC 26 - 27.
[7:30] This is a change of zone from M1 Light Industry.
[7:33] And R2 medium density residential. To a PUD or a
[7:38] planned unit development. This is for property located on the
[7:41] north side of Eastwater Street, which is state route 60.
[7:44] Between Walnut Street and East Main Street. Uh, in board
[7:48] in Indiana, the owner and the applicant is bored in
[7:51] business park, LLC. Hello. Hi. My name is Chandler Klein.
[7:56] My address is 2204 Pine Tree Lane Memphis, Indiana. All
[8:00] right. Thank you. Please tell us about your application. So
[8:05] last year, uh, at the end of the year, we
[8:08] gained a new tenant in our facility, Lamiflex. And they
[8:12] went to put up a new sign on the building.
[8:16] We discovered at that point that half of our building
[8:19] essentially is still zoned presidential. R2, I believe, way back
[8:26] when, when there were houses on it. Uh, so we
[8:28] have part of the building, uh, the west side. Is
[8:32] zoned M1. And you'll see the east side of the
[8:36] building. Is zoned R2. Um, we've never had an issue
[8:41] with it. Um, but we are trying to. Get all
[8:47] three parcels that are included in that. To just a
[8:51] cohesive zoning. And we have different things going on. Uh,
[8:56] we do have outside storage. We store semi trailers that
[9:00] are our tenants. And so we are just trying to
[9:03] get the PV to make sure that we're in compliance
[9:07] with everything.
[9:26] Um, have you had any interaction with the town of
[9:29] Borden regarding this request at all? Oh, I got to
[9:32] the letter. Never mind. Yeah. We have. We've worked pretty
[9:35] closely with them and anything that we do around the
[9:37] building. We check with them to make sure it's okay.
[9:39] And, um, and yes, they did provide the letter of
[9:41] support for the PUT. And as you can see, there's
[9:46] not much land there left to build any more structures
[9:50] in the way the PUD set up. Existing footprint is
[9:53] what they would be limited to with the exception. It
[9:56] may be some awnings. Overdoor ways and loading docks, that
[10:00] type of thing. Just nothing enclosed. But they could. Sorry.
[10:07] They could demolish a structure and rebuild on that same
[10:10] footprint and maybe go higher if they wanted to. That
[10:13] was in one of the options in that PUD, but
[10:15] it's pretty comprehensive on what they presented. And I wouldn't
[10:20] see any problem administering that those rules. The way it's
[10:24] presented. Any comments or questions. I see the letter from
[10:33] the city is, I'm assuming the fire department is okay
[10:36] with the new tenants. Yeah. So we actually did a
[10:40] walkthrough with the fire marshal and Jason family. It's been,
[10:46] it may have been last year. And so what we
[10:48] did was we walked through the entire building, uh, showed
[10:52] them our fire partitions, all of our emergency exits, all
[10:55] the fire extinguishers. And we got the all clear from
[10:59] John Reed was the fire marshal that we worked with.
[11:03] Very good. Thank you. All right. Thank you very much.
[11:09] Thank you. We'll now open public comment. On this item.
[11:20] Is there anyone here to speak for against PC 26
[11:23] - 27. Right. Let the record reflect. No one's indicated
[11:31] a desire to speak. We'll now close public comment. Very
[11:39] similar to the last case. It really does. I think
[11:41] so. Agree. Yeah. I make a motion to approve PC
[11:48] 26 - 27. Change of zone from M1 light industrial.
[11:55] And R2 medium density residential to PUD for property located
[12:01] on the north side. Of Eastwater Street between Walnut Street
[12:04] and East Main Street in Borden. Second. All right. Was
[12:09] that Mr. Spencer? Okay. I have a motion to approve
[12:12] for Mr. Whitington. I was second for Mr. Spencer. Those
[12:15] in favor. Please indicate for saying aye. Aye. Opposed. All
[12:20] right. Motion carries. Thank you all. Um, with that, we
[12:26] will move to. Reports resolutions and communications. Mr. King, anything
[12:32] from the legal. Perspective. No. Not for, not for this
[12:38] body. Um. Although I think Eric's going to talk about
[12:42] this in a minute, were you still looking for an
[12:45] alternative attorney to handle a case to which I have
[12:47] conflicted. He can address that more later. Um, briefly, this
[12:54] is more of a BZA issue. But the bright night
[12:58] litigation. The time has expired for a bright night to
[13:01] appeal the court's decision. They have not, my last communication
[13:05] with their attorney was they were trying to decide what
[13:08] they wanted to do next. So that's kind of in
[13:11] a holding pattern at this point. But I can go
[13:13] into more detail for the BZA members. At a later
[13:16] time. All right. Thank you, sir. I think I need
[13:18] to back up a little bit because I thought I
[13:21] heard that we talked about from reading the minutes of
[13:24] last month. There were some items revolving around driveway standards
[13:29] and some other conservation subdivision items. But I thought I
[13:33] read for the menace that we were recommending like an
[13:36] executive session to discuss those or is that something we
[13:38] want to talk through? Yeah, we were going to have
[13:40] a work session. Okay. Over those things. And that'll kind
[13:43] of fall into. My report. Okay. So with
[13:53] that, Mr. Wise, anything on the planning report. Okay. They
[13:58] search for alternative legal counsel. We contacted nine attorneys directly.
[14:02] I received three quotes. One from Mark Taffley. With a
[14:08] lime law for his sperm services. I guess he didn't
[14:12] want to commit to him specifically representing us. Gordon Engel
[14:17] and Cordon. For 350 dollars now. And Alex Gattis and
[14:21] New Albany for 300 dollars an hour. I also put
[14:25] in the newspaper for three alternating days. And then receive
[14:30] any response from the. News. So. This is the handle
[14:37] of appending litigation case. Yes. An enforcement case. I would
[14:46] suggest selecting one of these individuals and then. Allow the
[14:50] president to sign a contract outside the meeting once Chris
[14:53] has a chance to review terms. I'd make a motion
[14:57] to, uh, consider Alex Gannis. Uh, he's got previous BZ
[15:01] experience. I've worked with him at the town of the
[15:03] Sellersburg when I sit on the BZA there. And, uh,
[15:06] seen him in court action as well under judge Cody
[15:09] and Floyd County. I'll second that with a comment. Um,
[15:16] on the. Maybe lose my train of thought where would.
[15:22] The, I'm assuming this money, does this going to have
[15:25] to be appropriated from the council. To spend the money
[15:28] on this? It would just come out of our normal
[15:31] litigation line item. Okay. But I do have an additional
[15:34] request in already for 17, 000 for legal fees just
[15:38] because of the bright nights cost of so much this
[15:40] year. Okay. So is this going to be included in
[15:44] that 17, 000 dollars? Okay. Do we have a not
[15:47] to exceed with Mr. Gattis or do we have just
[15:49] a ballpark? Just an hourly rate. Okay. Okay. That's all
[15:53] I've got. And if any run short, we should. Tell
[15:57] them. To put things off for a while till we
[15:59] get to the first of the year. But the way
[16:02] it's going on, I don't imagine we'll have too many
[16:04] expenses on that before. The end of the year. Okay.
[16:09] So I think the only thing that I would suggest
[16:11] is if we do sign the contractor, we put the
[16:14] contract. We need to make sure that it's, he understand
[16:17] it's pending a council approval and a council appropriation. There's
[16:22] currently order any services until we have funds to pay.
[16:25] And then we'll just make sure that we don't run
[16:28] out of money. Do you have anything on your agenda
[16:31] coming? West do you have pending in that account right
[16:33] now on that line item? It's out zero. Okay. Is
[16:36] it on the September agenda. For any additional preparations? We'll
[16:40] consider it next week. I was going to say that's
[16:42] good. I just saw the agenda a little while ago
[16:46] from Lindsay. So it should be fun. Yeah. I haven't
[16:48] heard. If it's, I haven't seen the agenda yet, but
[16:50] I mean my understanding it should be on there. Okay.
[16:54] You may want to check if not, you may want
[16:56] to. Well, I guess if it's an additional appropriation needs
[16:58] to be advertised and be put on. Yeah. Okay. I
[17:01] just did. I didn't know what the timeframe was as
[17:04] to when he needs to get started. Mr. Gaddis, if
[17:07] it's approved and how that's going to line up with
[17:10] the funds being available. So anyway, other than that, I
[17:13] don't have any questions. This require a formal vote to
[17:16] approve a contract signing. So it's allowed you to sign
[17:20] it after outside the meeting. So we have a motion
[17:24] for Mr. Fox to approve a contract with Alice Gattis.
[17:27] We have a second for Mr. Glover. Those in favor,
[17:30] please indicate for saying aye. Opposed. Question for you. Sure.
[17:35] This isn't done voted on by the BZA. It's voted
[17:39] on by us. This is an attorney for BZA issue,
[17:43] correct? Well, now this would be a plan commission issue.
[17:45] Okay. This is an enforcement. I just want to clarification.
[17:48] That's all. All right. So motion is approved. So we
[17:52] can proceed with that contract execution. Thank you so much.
[17:57] Anything else from planning. I sent out an amendment for
[18:00] the driveway separations for consideration. I don't know if anybody
[18:05] had any questions. If you want, I could run through
[18:07] those. I did go step by step with the county
[18:11] engineer. And he was in agreement with all these changes.
[18:17] And at this point I would just be looking to
[18:19] see if we would want to hold a public hearing
[18:21] on that. So yeah, I mean, I read over and
[18:28] it looks like just as it relates to development standards
[18:31] for commercial and industrial driveways, um, we're striking verbiage that
[18:36] they must be constructed in accordance with the industrial and
[18:39] business road standards outline in exhibit A minimum standard design
[18:43] requirements. And we're replacing that simply with at the discretion
[18:48] of the county engineer. They may also be required to
[18:51] be constructed in accordance with the industrial and business road
[18:54] standards is outline and exhibit A. Mineral standard design require
[18:58] race. Right. You know, we did the same thing with
[19:01] institutional uses several years ago. And I imagine that you
[19:05] probably had a church or something that came in and
[19:07] got hit with these industrial road standards as part of
[19:10] their bailing permit. So, um. It seemed a little excessive
[19:17] to me. For private property. They're private driveways dictate how
[19:21] they're going to pave those.
[19:33] Yeah, no, I tend to agree on private property. Anybody
[19:37] else have an opinion here on the commission. I'm with
[19:41] you on that for sure. Anybody opposed to. Putting this
[19:49] out as a hearing item for a considered change. I.
[19:54] Don't know. This is only applicable to subdivisions with 20
[19:57] mile an hour speed limits. Is that kind of right.
[20:00] It kind of moves where we measure the separation from
[20:02] which they thought that was more appropriate from the inner,
[20:06] the center of the paved area. And when we started
[20:09] doing that, the distance is basically the same. And we
[20:13] reduced it. So it would remain the same because you're
[20:15] adding. Footage to it because you're going to the center
[20:18] of the road. You can feed more to where you're
[20:20] measuring from. So it worked out better. And it also
[20:23] built in that. Pop off valve that the county engineer
[20:27] could approve something less than that, which to me is
[20:31] more appropriate for him to be looking at it than
[20:33] the BZA. Just looking at it. So do you need
[20:37] a motion here, Larry? Or are you just going to
[20:40] think so? It's a consensus. I can set it for
[20:43] public hearing and we can just have hearing next month.
[20:45] It would just be a text amendment, correct? Yes. Yeah.
[20:49] Yeah. Which we would vote on after the notice of
[20:51] the hearing. Sure. Right. Okay. Okay. Next I've got, uh,
[20:58] we're going to have to have a hearing to review
[20:59] the UDO. From the perspective of trying to reduce barriers
[21:04] to increase housing development in the county. Um, we're supposed
[21:07] to have this done by the end of the year.
[21:09] And we're also supposed to report what kind of amendments
[21:12] or changes that we're working on or actually make by
[21:14] the end of the year. Uh, by January one. So
[21:18] I thought we could have that hearing. At the next
[21:21] meeting. And then kind of preparation for that. I've got
[21:26] a handout on some just general ideas of things that
[21:30] I think that might be worth looking at on making
[21:33] changes. So we'll have something to discuss at that meeting.
[21:37] If we do have it next month, I would like
[21:39] to have like a work session on the 23rd so
[21:42] we could kind of get. Into some more specific so
[21:45] that we can actually possibly after this hearing set some
[21:50] amendments for hearing. The following month. Um, so I didn't
[21:53] know if it might be possible to have a work
[21:55] session on September 23rd. And October 20th. This is a
[22:01] state directive? Yes. So the state says you have to,
[22:07] I guess you have to review your UDO. And if
[22:09] there is any barriers to housing, you need to reduce
[22:11] those. There's not a directive that you absolutely have to.
[22:15] You don't have to. Okay. But these are some options
[22:19] that you look at, you know, the bound to be
[22:22] something that you can do to make things easier to
[22:25] build homes. And I would think it would be in
[22:28] our, I'm not sure even what the ramifications would be.
[22:32] And then if we didn't do this, are we not
[22:34] building enough homes? Fuck yeah. I mean, I just think
[22:38] I have slowed down a lot. Interesting. Okay. The last
[22:41] couple months, but I don't know if there's that much
[22:42] that we're doing that's causing it. Right. Okay. But at
[22:46] the state level, that's what they're hearing. And they want
[22:50] to see. Some reductions and rules. Okay. Or they're going
[22:53] to start handing down reductions from above. So are these
[22:58] barriers that you have listed here? Did you find these
[23:01] when you compared our UDO to other municipalities? I'm just
[23:05] thinking of things that may be a little more restricted
[23:08] than they need to be. Okay. Like, you know, develop
[23:11] my plans for apartment complexes. You know, that builds in
[23:15] like another two month period. And all that addicts traditional
[23:18] expense going through that process. And then they still have
[23:20] to go through and do the building permit. And we
[23:23] basically do the review. Again. And like I said, these
[23:28] are just ideas. I figured if the work session on
[23:30] the 23rd, we could get deeper into everything. And discuss
[23:35] the pros and cons. And once I get that direction
[23:38] before that hearing, I could even come up with possible.
[23:42] Specific amendments like I did for the tripod. Standards. Me
[23:48] personally, I was just, I'm not against any of these
[23:51] that I see listed here. I would just like to
[23:53] see if there's anywhere that we could say we did
[23:56] a research in Park County, Indiana. And we found the
[24:00] same verbiage there that allows single family and all zones
[24:04] except M3. At least then we have a good, we
[24:09] have good historical data that it's a good portion or
[24:13] a good change to argue rather than going out on
[24:15] a limb and saying, we're going to try this and
[24:17] find out that it doesn't work or that doesn't have
[24:19] any ramifications at all. So if we could find ways
[24:21] to see that there's a historical data. I'm like on
[24:24] that one. We run into that here already. The BCA
[24:27] here's countless cases on people. Well, we hear it changing
[24:31] the zoning from B3 to R whatever. Because, you know,
[24:35] they changed the ordinance from the UDO was adopted. They
[24:37] removed single family from most all the commercial zones. So
[24:40] this would just kind of be going back to where
[24:42] they used to be. But yeah, once we kind of
[24:47] narrow it down on things we want to focus on,
[24:50] then, you know, I had no problem doing that research.
[24:52] And we may find that, you know, we may not
[24:55] find the data out there, but at least we've surfed
[24:58] and looked. And before we run into a pitfall ourselves,
[25:00] we can see that it's worked in another plan. Sure.
[25:02] Okay. So these will be ones that we want to
[25:08] discuss on September 23rd. Narrow this list down or run
[25:14] with this entire list. And then meet again on the
[25:16] 20th. We could probably, if we, depending on how it
[25:19] goes, we could even. Pull more things off the shelf
[25:22] that we've kind of just gotten out there waiting for
[25:25] a work session. But, uh, we won't really focus on
[25:28] housing at this point. Though. And Eric, concurrently with that,
[25:34] we're still. We have someone that's doing the housing survey.
[25:39] That's correct. Yeah. So. I'm supposed to meet with them
[25:43] later this month. Go everything he's come up with so
[25:46] far. And the state's finally putting out guidance. They've extended
[25:51] the deadline till the end of January. I guess they
[25:54] realized that any report on 26 on January 1, if
[25:59] you don't have a little bit. Time to pull everything
[26:01] together. So, but that should come together, no problem. Do
[26:06] these work sessions have to be advertised and streamlined? You
[26:10] just notice. No, we just notes the paper that we
[26:13] have enough. Cause I know this room will be tied
[26:15] up on the 23rd at five o'clock. Cause there'll be
[26:18] a solid waste meeting. So I didn't see it. I
[26:20] don't account. There. But we got my office depending on
[26:23] how much participation we have. And the break room upstairs.
[26:28] Sabrina's out of town. I didn't know if you're a
[26:29] little conference room. Might be available. We might have used
[26:32] the commissioner's conference room. That meeting the solid waste shouldn't
[26:36] last. Half hour. But I mean, what time do they
[26:40] start five o'clock. So I don't know. But I would
[26:43] say the conference room is probably better because we can
[26:45] all sit around a table and it's a little bit
[26:46] more, you know, small later time. Oh, that's right. Yeah.
[26:53] Cause that has, I mean. If everybody hears good with
[27:00] five, that's, that's, that's fine with me. I can leave
[27:02] once that meeting is over at 5 30 ish. I'll
[27:05] just come up to the commissioners meeting room and join
[27:08] them. At least then y'all have most of it pare
[27:10] down. So we're having two meetings. Is that right? Two
[27:13] million. Yeah. I won't be able to make the 20th,
[27:15] but I'll make the 23rd. I can't make the 23rd,
[27:18] but I can make the 20th. As long as we've
[27:24] got a couple people that's been all out there, you
[27:26] know, I'm good. October 20th, I can make it. Yeah.
[27:34] Unfortunately, I'm going to be back in country. So I
[27:36] guess I'll be here. I can try sending out one
[27:39] of those survey poles and let everybody just chime in
[27:41] on that. And that way we can. Like I said,
[27:44] as long as we have two or three people. I
[27:46] would be satisfied just to bounce off some ideas. Report.
[27:53] Back to everybody. In case the. Stop signs. That you
[27:59] see for what direction we're going. Go ahead and plan
[28:04] on that. Five o'clock. I'll send out an email. Reminder.
[28:14] Uh, last item I've got is the November meeting. We
[28:17] just noticed this day kind of just popped up as
[28:21] probably something we should remind you. Is it going to
[28:23] be on a Tuesday, November 10th? Because of veterans day.
[28:29] And. We're probably going to send out a text tomorrow
[28:31] just so you'll be where your calendars are. So you
[28:34] sure mark that down and make sure. You note that
[28:37] date change. What day's election day. Thirt, third. Okay. First
[28:46] Tuesday. All right, is that all? That'd be fun. Take
[28:51] that. I'll do that. All right. Thank you, Mr. Wise.
[28:57] Last order of business would be, um, a review and
[29:01] approval of last month's meeting minutes. To make a motion
[29:06] to approve a month of August. Clark County Plain Commission
[29:10] meeting minutes. I'll second that. All right. Thank you Mr.
[29:13] Fox. I have a motion to approve. Mr. Weddington for
[29:16] a second. Those in favor. Please indicate to saying aye.
[29:18] Aye. Opposed. Quite minutes are approved. I guess that wasn't
[29:26] the last order of business. Let me go. Make a
[29:29] motion to adjourn. Second name and the third. Yes. All
[29:35] right. Got a motion to approve a tournament and I
[29:38] have a second. Those in favor end cape saying aye.
[29:42] Opposed. All right. Meeting is adjourned. Thank you all so
[29:45] much. It is.