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APC MEETING - October 13, 2015

 

 

 

 

The White County Area Plan Commission met Monday October 13th, 2015, at 6:00 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

 

Roll Call: Present: Charles Anderson (President), James Annis, Mark Bentlage, Brad Ward, Richard Lynn, Mike Smolek (late) Cathy Gross, Dave Rosenbarger, Dennis Sterrett, Don Ward (Secretary), Joseph Rogers (Non-voting), Abigail Diener (Non-voting), Tina Cronkhite (Non-voting), & Mike Hill (Security). Absent Members: Dave Stimmel

 

Registered visitors were: (see attached Visitor Registration)

 

The meeting was called to order by President, Charlie Anderson.

 

 

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Opening Business:

 

Minutes: There was a motion by Brad Ward and a second by Mike Smolek to approve the meeting minutes of 09/14/2015. Approved unanimously, so moved.

 

 

 

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Rezones

 

#1040-Rice, Gary G & Connie Jo: A-1 (General Agriculture District) to A-2 (Agricultural Industry District); 5190 N 300 E, Monon, IN 47959. This rezone was for the purpose of a confined feeding operation. Due to the extremely large public attendance, Charlie Anderson recommended that the rezone petition be continued to the 11/9/15 APC meeting where a new venue could be obtained in order to accommodate the public audience. The applicants indicated agreement with the continuance. By show of hands, the APC Board unanimously approved this recommendation. Meeting continued to Nov 9, 2015.

Amendments

 

#A44 - CHAPTER 3 – SPECIFIC USE REQUIREMENTS AND PERFORMANCE STANDARDS: Section 3.1-Home Occupations - Subsection 3.1.2 Required conditions: to provide a mechanism for a person or other entity to qualify as a home occupation even though employees, other than the occupants of the residence, may be involved. Dave Rosenbarger made a motion to accept amendment #A44, and Denny Sterrett seconded. Unanimously approved by show of hands, so moved.

 

#A45 - CHAPTER 3 – SPECIFIC USE REQUIREMENTS AND PERFORMANCE STANDARDS: 3.10 Wireless Support Structures and Wireless Facilities: 3.10.1 Purpose, authority, and jurisdiction; 3.10.2 New Wireless Support Structures and Wireless Facilities - 3.10.2.1 Application and Approval Procedure, 3.10.2.2 General Approval Standards, 3.10.2.3 General performance standards; 3.10.3 Existing Wireless Support Structure and/or Upgrades, Facilities Alteration/Upgrade & Equipment Revisions – 3.10.3 Application and Approval Procedure, 3.10.4 Application and Approval Procedure – Collections. The purpose of this amendment is to bring the Wireless Communication permitting process compliant with recently adopted State Statutes which go into effect on January 1, 2016. This amendment addresses specifically the application process and requirements, setback allowances, definitions and approval deadlines. Mike Smolek made a motion to accept amendment #A45, and Brad Ward seconded. Unanimously approved by show of hands, so moved.

 

#A46 – CHAPTER 12 – ADMINISTRATIVE: 12.4 Developments Standards Variance: 12.4.7 Decision criteria prescribed by state law; 12.4.8 Additional decision criteria. The purpose of this amendment is to separate, in their entirety, Area Board of Zoning Appeals decision criteria required by State Statute and additional criteria required for consideration by the County legislative bodies. Mike Smolek made a motion to accept amendment #A46, and Jim Annis seconded. Unanimously approved by show of hands, so moved.

 

 

 

Other Business:

1) Rex Wolfe, Recycle Facility – Violation #196: A complaint was received in Area Plan from the White County Environmental Officer regarding the site being used as a recycle facility. Joe Rogers followed up on the complaint and found that in 2003, the property owners had requested a Special Exception use to have a recycle center at the location. The Special Exception request was ultimately withdrawn by the applicant. A warning citation was issued to Mr. Wolfe for the zoning violation and he was given 30 days to respond. Mr. Wolfe did not respond to the warning citation within the 30 days; therefore, he was issued a formal citation and fine, with an additional 30 days to respond. Mr. Wolfe did not respond to the formal citation and fine within the additional 30 days. A fine summary was then issued to Mr. Wolfe outlining the fines and late penalties accumulated and urged to take action or the Area Plan Dept. would recommend to the Area Plan Commission to pursue legal litigation. The Board was emailed a summary of the violation activity to date for review. Shortly after, Joe Rogers received a call from Kevin Riley, Attorney, hired by Rex Wolfe. Kevin requested a short time of approximately 4 days to review and respond to the documents. The response was that the site was not being used as a recycle center, but as a transfer station. Joe Rogers requested an on-site visitation, which he completed on 10/13/15 at 1:30p.m. Upon inspection of the site, Joe Rogers believes the site does meet the zoning definition of a transfer station. That notification would eliminate any violations or fines assessed initially. Joe requested direction from the Board on the action to take at this point. The APC had no objections to Joe’s assessment and notification to disregard all violations and fees previously sent.

 

2) 2016 APC Meeting Schedule- The 2016 Area Plan Commission filing deadline & meeting schedule was presented for approval. Jim Annis made a motion to accept the schedule. Brad Ward seconded, so moved.

 

3) Steering Committee Membership – Joe Rogers submitted an update to the Board on committee membership to date. A complete membership list should be available by the November 9th APC meeting.

 

4) Ratio Contract- Based on a recommendation from Charlie Anderson, Joe Rogers emailed Abigail Diener’s contract commentary to the Board members after the 09/14/15 APC meeting. President, Charlie Anderson recommended to Joe Rogers to email his personal commentary to the APC Board as well. Mike Smolek requested an addition of Wellhead Protection Areas to the Comp Plan. It wasn’t included in the quote to map those protection areas, but Charlie Anderson suggested it be included. Charlie Anderson recommended that Joe Rogers and Abigail Diener meet to finalize any contract revisions and submit them to Ratio. Cathy Gross made a motion for Joe and Abigail to finalize the contract revisions and submit them to Ratio. Jim Annis seconded the motion and unanimously approved by show of hands, so moved.

 

 

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There being no further business, Brad Ward made a motion to adjourn the meeting at 6:27 p.m., with a second from Mark Bentlage. President Anderson called the meeting adjourned.

 

 

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

 

October 13, 2015 - 6:00 p.m.

2nd Floor Conference Room

White County Building

Monticello, IN 47960

 

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AGENDA

 

 

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 – September 14, 2015

 

 

REZONINGS – #1040 – Rice, Gary G & Connie Jo; 5190 N 300 E, Monon IN 47959; A-1 (General Agriculture District) to A-2 (Agricultural Industry District)

 

 

AMENDMENTS –

 

#A44 - CHAPTER 3 – SPECIFIC USE REQUIREMENTS AND PERFORMANCE STANDARDS: 3.1 Home Occupations: 3.1.2 Required conditions

 

#A45 - CHAPTER 3 – SPECIFIC USE REQUIREMENTS AND PERFORMANCE STANDARDS: 3.10 Wireless Support Structures and Wireless Facilities: 3.10.1 Purpose, authority, and jurisdiction; 3.10.2 New Wireless Support Structures and Wireless Facilities - 3.10.2.1 Application and Approval Procedure, 3.10.2.2 General Approval Standards, 3.10.2.3 General performance standards; 3.10.3 Existing Wireless Support Structure and/or Upgrades, Facilities Alteration/Upgrade & Equipment Revisions – 3.10.3 Application and Approval Procedure, 3.10.4 Application and Approval Procedure - Collections

 

#A46 – CHAPTER 12 – ADMINISTRATIVE: 12.4 Developments Standards Variance: 12.4.7 Decision criteria prescribed by state law; 12.4.8 Additional decision criteria

 

 

BUSINESS –

1) Rex Wolfe, Recycle Facility – Violation #196

 

2) 2016 APC Meeting Schedule

 

3) Steering Committee Membership