Webster Asks County To Regulate Spotlights
July 28, 2016 at 4:25 p.m.
North Webster's town council wants the Kosciusko County Area Plan Commission to make an amendment to the county's ordinances regarding spotlights.
Dan Richard, plan commission director, told the plan commission that under the current ordinances, there is no code that addresses spotlights that shine up in the sky, just down to the ground. Ordinances prohibit lighting from glaring into residential areas, but don't address lights that broadcast out. The North Webster council wants the plan commission to change that.
Hal Strong, plan commission member, said he thought the issue may be better resolved as a civil suit than the commission writing an ordinance regulating spotlights, especially since there is only one business that has a spotlight - Stimmelator's, a gentlemen's club.
Even if the plan commission passed such an ordinance and the county commissioners also approved of it, it would not affect Stimmelator's because they would be grandfathered in, said Dick Kemper, plan commission member and county surveyor.
Peg Lawrance, North Webster town clerk, according to Matt Sandy, plan commission assistant planner, provided the county with several sample lighting ordinances for consideration from other municipalities.
Along with complaints about the spotlights from the town council, Sandy said, they also have received complaints from Camp Crosley and area citizens. Any new ordinance would not be a fix to the current "problem," he said, but a fix for future potential problems.
"This could really be opening a can of worms for us," said Charlie Haffner, plan commission member.
Kemper said the letter the commission received on the matter is strictly about the lighting and "not the type of business" that has the spotlights.
The plan commission directed Richard and Sandy to look into creating such an ordinance dealing with spotlights and to present it to the board at a later date.
In another matter related to North Webster, the plan commission approved CVS Pharmacy's petition to rezone two lots from a residential district to a commercial district. The property is on the north side of Effie Mae Street in North Webster.
Richard said CVS is planning to relocate the business from its current position to the new location and wants to rezone the property so that all its properties are commercial.
According to an attorney from Baker & Daniels representing CVS, the new building will be more than 10,000 square feet on 1.59 acres and will have 65 parking spaces and a drive-through window. CVS will go before the Kosciusko County Board of Zoning Appeals Tuesday for a variance to reduce the number of parking spaces it is required to have from 101 to 65.
"We feel this development makes sense," he said and meets all the specifications required.
Richard said while he does not have anything in writing from the town council, in talking to Lawrance, he said, the town is in favor of the rezoning.
The recommendation by the plan commission to rezone the CVS property will be heard by the North Webster town council April 16 at 6 p.m.
• Request tabled after improper notification
Oops.
From time to time, everyone makes a mistake.
At the Kosciusko County Area Plan Commission meeting Wednesday, director Dan Richard admitted the plan commission made one of their own.
Creighton Brothers Farms LLC petitioned to rezone two tracts of ground from agricultural districts to residential. The 38-acre and 40-acre parcels are on the east side of CR 175E and 1,821 feet north of CR 75N in Wayne Township.
Richard said the plan commission follows the state codes for hearings, including placing a legal advertisement for the petitions in the newspaper and notifying all adjacent property owners. However, while the adjacent property owners for the 40-acre parcel were notified, the plan commission failed to notify the adjacent property owners of the 38-acre parcel.
Richard apologized for the plan commission's mistake. He said they did not realize they hadn't notified those neighbors until one property owner called and asked why they were not notified. When Richard checked into the matter, he said, he realized the plan commission erred.
Dave Creighton said they want to rezone the ground from agriculture to residential and there are other subdivisions to the south and east of the properties there. The back 20 to 25 acres of the properties is low ground and wetland area.
"I think the highest and best use is residential," Creighton said.
Ron Truex, also representing the petitioner and a county commissioner, said they are looking only to rezone the properties for the future. If the plan commission tables the petition for a month or more to notify all adjacent property owners, he said, that is fine.
Larry Ladd, a property owner to the east of the properties, said he'd rather see the wetlands on the property remain as they are than be developed. Whatever Creighton Brothers farms does, he said, he doesn't want it to adversely affect his property.
"That we'll make certain of," said Charlie Haffner, plan commission member.
Richard said they also have two letters on file with the same concerns as Ladd's.
Haffner made a motion to table the petition to the May 7 meeting so everyone will be notified properly. The motion was unanimously approved.
Richard said the plan commission will send a whole new notice for all property owners regarding the May meeting.
In another petition, the plan commission unanimously approved Richard Wion's petition for a preliminary plat approval for a residential development on a tract of ground. The property is on the east side of Woodland Drive in Wayne Township.
Richard said the two lots in question are part of the Eagle Nest subdivision. A garage was built on the south lot and from the survey, the garage was built within 1 foot of the property line. With this petition, Wion wants to move the common line of the two lots 10 feet to the north, and the drainage and utility easements also will be moved.
He said it is a reasonable solution to the problem that was created out there. In a residential area, the garage needs to be at least 10 feet from the property line.
Members of the plan commission are Vic Virgil, Charlie Haffner, Kelly Easterday, Kevin McSherry, Barb Carwile, Hal Strong, Don Arms, Dick Kemper and Norm Lovell. They meet at 1 p.m. in the Justice Building on the first Wednesday of every month. [[In-content Ad]]
Latest News
E-Editions
North Webster's town council wants the Kosciusko County Area Plan Commission to make an amendment to the county's ordinances regarding spotlights.
Dan Richard, plan commission director, told the plan commission that under the current ordinances, there is no code that addresses spotlights that shine up in the sky, just down to the ground. Ordinances prohibit lighting from glaring into residential areas, but don't address lights that broadcast out. The North Webster council wants the plan commission to change that.
Hal Strong, plan commission member, said he thought the issue may be better resolved as a civil suit than the commission writing an ordinance regulating spotlights, especially since there is only one business that has a spotlight - Stimmelator's, a gentlemen's club.
Even if the plan commission passed such an ordinance and the county commissioners also approved of it, it would not affect Stimmelator's because they would be grandfathered in, said Dick Kemper, plan commission member and county surveyor.
Peg Lawrance, North Webster town clerk, according to Matt Sandy, plan commission assistant planner, provided the county with several sample lighting ordinances for consideration from other municipalities.
Along with complaints about the spotlights from the town council, Sandy said, they also have received complaints from Camp Crosley and area citizens. Any new ordinance would not be a fix to the current "problem," he said, but a fix for future potential problems.
"This could really be opening a can of worms for us," said Charlie Haffner, plan commission member.
Kemper said the letter the commission received on the matter is strictly about the lighting and "not the type of business" that has the spotlights.
The plan commission directed Richard and Sandy to look into creating such an ordinance dealing with spotlights and to present it to the board at a later date.
In another matter related to North Webster, the plan commission approved CVS Pharmacy's petition to rezone two lots from a residential district to a commercial district. The property is on the north side of Effie Mae Street in North Webster.
Richard said CVS is planning to relocate the business from its current position to the new location and wants to rezone the property so that all its properties are commercial.
According to an attorney from Baker & Daniels representing CVS, the new building will be more than 10,000 square feet on 1.59 acres and will have 65 parking spaces and a drive-through window. CVS will go before the Kosciusko County Board of Zoning Appeals Tuesday for a variance to reduce the number of parking spaces it is required to have from 101 to 65.
"We feel this development makes sense," he said and meets all the specifications required.
Richard said while he does not have anything in writing from the town council, in talking to Lawrance, he said, the town is in favor of the rezoning.
The recommendation by the plan commission to rezone the CVS property will be heard by the North Webster town council April 16 at 6 p.m.
• Request tabled after improper notification
Oops.
From time to time, everyone makes a mistake.
At the Kosciusko County Area Plan Commission meeting Wednesday, director Dan Richard admitted the plan commission made one of their own.
Creighton Brothers Farms LLC petitioned to rezone two tracts of ground from agricultural districts to residential. The 38-acre and 40-acre parcels are on the east side of CR 175E and 1,821 feet north of CR 75N in Wayne Township.
Richard said the plan commission follows the state codes for hearings, including placing a legal advertisement for the petitions in the newspaper and notifying all adjacent property owners. However, while the adjacent property owners for the 40-acre parcel were notified, the plan commission failed to notify the adjacent property owners of the 38-acre parcel.
Richard apologized for the plan commission's mistake. He said they did not realize they hadn't notified those neighbors until one property owner called and asked why they were not notified. When Richard checked into the matter, he said, he realized the plan commission erred.
Dave Creighton said they want to rezone the ground from agriculture to residential and there are other subdivisions to the south and east of the properties there. The back 20 to 25 acres of the properties is low ground and wetland area.
"I think the highest and best use is residential," Creighton said.
Ron Truex, also representing the petitioner and a county commissioner, said they are looking only to rezone the properties for the future. If the plan commission tables the petition for a month or more to notify all adjacent property owners, he said, that is fine.
Larry Ladd, a property owner to the east of the properties, said he'd rather see the wetlands on the property remain as they are than be developed. Whatever Creighton Brothers farms does, he said, he doesn't want it to adversely affect his property.
"That we'll make certain of," said Charlie Haffner, plan commission member.
Richard said they also have two letters on file with the same concerns as Ladd's.
Haffner made a motion to table the petition to the May 7 meeting so everyone will be notified properly. The motion was unanimously approved.
Richard said the plan commission will send a whole new notice for all property owners regarding the May meeting.
In another petition, the plan commission unanimously approved Richard Wion's petition for a preliminary plat approval for a residential development on a tract of ground. The property is on the east side of Woodland Drive in Wayne Township.
Richard said the two lots in question are part of the Eagle Nest subdivision. A garage was built on the south lot and from the survey, the garage was built within 1 foot of the property line. With this petition, Wion wants to move the common line of the two lots 10 feet to the north, and the drainage and utility easements also will be moved.
He said it is a reasonable solution to the problem that was created out there. In a residential area, the garage needs to be at least 10 feet from the property line.
Members of the plan commission are Vic Virgil, Charlie Haffner, Kelly Easterday, Kevin McSherry, Barb Carwile, Hal Strong, Don Arms, Dick Kemper and Norm Lovell. They meet at 1 p.m. in the Justice Building on the first Wednesday of every month. [[In-content Ad]]