[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.

Clark County Plan Commission

Agenda

Transcript