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APC MEETING July 14, 2014

The White County Area Plan Commission met Monday July 14, 2014, at 6:00 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

Members attending were: Charles Anderson, Jim Annis, Mark Bentlage, Richard Lynn, Jim Mann, Dave Rosenbarger, Mike Smolek, Dennis Sterrett, Brad Ward, and Donald Ward. Absent member(s) were: Dave Stimmel. Also attending were Attorney, Abigail Diener, Executive Director Joe Rogers, and Building & Planning Dept. Secretary, Tina Cronkhite.

Visitors attending were: Gwen Rodenbarger

The meeting was called to order by President, James Mann.

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Opening Business:

Minutes: There was a motion by Brad Ward and a second by Jim Annis to approve the meeting minutes of 05/12/2014 as written; so moved.

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Rezones: None

Other Business:

1. APC Board Meeting Packets: Joe Rogers requested that the meeting packets be sent to board members electronically 7 days prior to the meeting date vs. the current 10 days to stay consistent with the BZA schedule. Charlie Anderson made a motion to accept the request, with a second from Mark Bentlage. With all in favor, request is approved.

2. Micro Livestock (Bee Amendment) Draft: Joe Rogers previously sent a draft ordinance for the APC Board to review for informational purposes and suggestions. Joe requested the board provide the direction he should take on this amendment draft. Following discussion, Charles Anderson made a motion that Joe should prepare an amendment to the APC Board to vote on, with a second from Richard Lynn. Nine in favor, with Mike Smolek opposed. Motion approved.

3. Floating Restaurants (Sidewalk vendor/peddler): Discussion was held regarding whether to address the growing peddlers on the local area lakes. Currently this is not creating any conflict. A decision was made by the board to table the issue until a later time.

4. Schaefer Litigation: Joe Rogers updated the board on the Schaefer litigation. The homeowners have been using a single-family residence as a short-term rental, which is a violation of the zoning ordinance. Suit was filed against the county and all complaints were dismissed by the judge. The judge remanded the question of whether short term rental of a residential structure was a zoning violation to the Board of Zoning Appeals. The BZA voted this constituted a violation of the zoning ordinance. The Schaefer’s have 30 days to appeal that decision. The appeal requires additional legal counsel. Joe is requesting that Attorney Mike Morrow assist Abigail Diener on the appeal case. Joe has funds in the Area Plan budget to cover this expense. Joe asked the board and Abigail Diener if utilizing the prosecutor was an option and it was agreed that the appropriate direction at this time is not to pursue the prosecutor’s services. By a unanimous show of hands, it was approved to proceed with hiring Attorney Mike Morrow to assist the Area Plan Commission and Abigail Diener with the appeal process.

5. Comprehensive Plan: Joe Rogers outlined that Indiana State law determines that the Area Plan Commission is the board that is responsible for facilitating the Comprehensive Plan. This does not mean that the APC has final authority over the legislative bodies, but the APC is the body responsible for the planning and zoning functions of the county. The current Comprehensive Plan being used for White County is dated 1995. Joe Rogers explained to the board members the importance of maintaining a Comprehensive Plan that is current and up-to-date. Joe recommended the implementation of a task force made up of APC Board Members, as well as individuals from the surrounding legislative bodies, to begin preparation of the tedious task of defining the scope of work for updating the current Comprehensive Plan. Jim Mann suggested the task force deal with process first to make sure everyone gets included in the initial phase of the effort so it gets accepted by all of the effective parties. It was agreed to proceed. The APC members to be included in the task force are Jim Annis, Brad Ward, Richard Lynn, Mike Smolek, and Area Plan Director Joseph Rogers. The task force will start with an initial meeting in the near future to begin outlining the steps to take to begin this update.

6. Airport Height Limitation Map: Joe Rogers addressed the need for a height limitation map for Building and Planning Dept. for areas surrounding the local airport. The airport and the planned expansion encompassed a specific geographical area. Surrounding that geographical area is a federally regulated buffer district that the office currently cannot identify. Mike Smolek volunteered to seek information pertaining to height limitation for building near the airport and report back the board.

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There being no further business, President James Mann adjourned the meeting at 7:14 pm.

Respectfully submitted,

Donald W. Ward, Secretary

White County Area Plan Commission

Joseph W. Rogers, Executive Director

White County Area Plan Commission

Document Prepared By: White County Area Plan Assistant, Tina Cronkhite “I AFFIRM, UNDER THE PENALTIES FOR PERJURY, THAT I HAVE TAKEN REASONABLE CARE TO REDACT EACH SOCIAL SECURITY NUMBER IN THIS DOCUMENT, UNLESS REQUIRED BY LAW.”

WHITE COUNTY AREA PLAN COMMISSION

PUBLIC NOTICE OF REGULAR SESSION

 

July 14, 2014 - 6:00 p.m.

2nd Floor Conference Room

White County Building

Monticello, IN 47960

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AGENDA

6:00 P.M.: The White County Area Plan Commission will meet in Regular Session pursuant to Indiana’s Open Meetings Law, I.C. 5-3-1-2 (b):

READING OF THE MINUTES – May 12, 2014

REZONINGS – None



BUSINESS –

1) Comprehensive Plan – Director needs guidance and commitment related to Comprehensive Plan

2) Floating Restaurants (Sidewalk vendor/peddler); Do we intend to allow, disallow or ignore lake vendors in violation of the zoning ordinance.

3) Tech Review – We currently have four members, Jim Mann, Don Ward, Denny Sterrett & Mike Smolek – do you want to add a fifth member?

4) Airport Height Limitation Map – Would like to see an individual or group develop an airport area height limitation map for office use.

5) Mirco Livestock (Bee Amendment) Draft – For discussion

6) Schaefer Litigation – Legal Assistance