APC To Meet With Attorney Regarding Nature's Fuel
July 28, 2016 at 4:25 p.m.
By Daniel [email protected]
The commission plans to discuss with Reed the timeline on which they could enforce ordinance violations by the Atwood biofuel company.
The company violated the county's odor ordinances.[[In-content Ad]]During a meeting with the Indiana Department of Environmental Management Tuesday evening, an agreed order between Nature's Fuel and the state agency was made public.
The agreed order stated that Nature's Fuel would cease operations in Atwood by Jan. 31 or face a $1,000 per day fine for every day the facility is open after that.
Nature's Fuel is planning to move its facility to Huntington.
During Wednesday afternoon's meeting, Area Plan Director Dan Richard and County Commissioner Bob Conley summarized what took place at the IDEM public meeting.
Conley also serves on the APC.
"(Nature's Fuel) realized they were in an area they shouldn't have been in," said Conley. "I think we have more than enough evidence. If we have an ordinance and aren't willing to enforce them what good are we?"
The APC will send four members (to avoid a quorum) to speak with Reed about whether an injunction or enforcement of Nature's Fuel could come before the plant's proposed shutdown date.
The APC approved a motion that if the meeting with Reed goes well they will proceed with the enforcement of the ordinances Nature's Fuel violated.
The APC heard and approved two rezoning requests but not without some discussion.
The commission approved rezoning a 5-acre tract of land from agriculture to agriculture 2 on the north side of Hepton Road in Scott Township.
The land is owned by three Amish women who plan to build a smaller home on the land to downsize from a larger house according to their attorney Loren Sloat.
Commission member and County Surveyor Dick Kemper voiced some concerns about the request.
"Ag 2 was designed for a larger subdivision. You could have a horse or sheep," said Kemper. "This is kind of what got us in trouble in the first place with ag 2. We've got to be prepared in the future if we set this precedent. It really opens a can of worms using ag 2 to get one more sell off."
While Kemper voiced concern he said he had no issue with what Sloat's clients specifically wanted to do with the land.
In the future however it was discussed that the land could be broken down into one-acre tracts and things like mobile homes could be put on them.
The APC eventually voted 5-2 to pass on a favorable recommendation to the county commissioners on July 20 to accept the rezoning request.
The commission also unanimously voted in favor of passing on a favorable request to the commissioners in turning about a one acre area of land from commercial to residential at Woodward Village Subdivision.
The land is on the southwest corner of Pleasant Grove Drive off CR 350E.
That request will also appear before the commissioners July 20.
Finally the APC voted to grant a one-year extension to Crestview Subdivision which is off CR 175E.
The extension was approved provided that the lots that have not been developed in the subdivision will meet the minimum lot requirements that were set after the subdivision was granted plat approval.
The commission plans to discuss with Reed the timeline on which they could enforce ordinance violations by the Atwood biofuel company.
The company violated the county's odor ordinances.[[In-content Ad]]During a meeting with the Indiana Department of Environmental Management Tuesday evening, an agreed order between Nature's Fuel and the state agency was made public.
The agreed order stated that Nature's Fuel would cease operations in Atwood by Jan. 31 or face a $1,000 per day fine for every day the facility is open after that.
Nature's Fuel is planning to move its facility to Huntington.
During Wednesday afternoon's meeting, Area Plan Director Dan Richard and County Commissioner Bob Conley summarized what took place at the IDEM public meeting.
Conley also serves on the APC.
"(Nature's Fuel) realized they were in an area they shouldn't have been in," said Conley. "I think we have more than enough evidence. If we have an ordinance and aren't willing to enforce them what good are we?"
The APC will send four members (to avoid a quorum) to speak with Reed about whether an injunction or enforcement of Nature's Fuel could come before the plant's proposed shutdown date.
The APC approved a motion that if the meeting with Reed goes well they will proceed with the enforcement of the ordinances Nature's Fuel violated.
The APC heard and approved two rezoning requests but not without some discussion.
The commission approved rezoning a 5-acre tract of land from agriculture to agriculture 2 on the north side of Hepton Road in Scott Township.
The land is owned by three Amish women who plan to build a smaller home on the land to downsize from a larger house according to their attorney Loren Sloat.
Commission member and County Surveyor Dick Kemper voiced some concerns about the request.
"Ag 2 was designed for a larger subdivision. You could have a horse or sheep," said Kemper. "This is kind of what got us in trouble in the first place with ag 2. We've got to be prepared in the future if we set this precedent. It really opens a can of worms using ag 2 to get one more sell off."
While Kemper voiced concern he said he had no issue with what Sloat's clients specifically wanted to do with the land.
In the future however it was discussed that the land could be broken down into one-acre tracts and things like mobile homes could be put on them.
The APC eventually voted 5-2 to pass on a favorable recommendation to the county commissioners on July 20 to accept the rezoning request.
The commission also unanimously voted in favor of passing on a favorable request to the commissioners in turning about a one acre area of land from commercial to residential at Woodward Village Subdivision.
The land is on the southwest corner of Pleasant Grove Drive off CR 350E.
That request will also appear before the commissioners July 20.
Finally the APC voted to grant a one-year extension to Crestview Subdivision which is off CR 175E.
The extension was approved provided that the lots that have not been developed in the subdivision will meet the minimum lot requirements that were set after the subdivision was granted plat approval.
Have a news tip? Email [email protected] or Call/Text 360-922-3092