Thursday, April 19, 2018

Proposed Guilford Subdivision - Register Publications Articles

Proposed Guilford Subdivision - Register Publications Articles

Register Thursday April 19 edition covers the proposed subdivision on less than half the total land acreage owned by Blind Hunting Club LLC in Guilford. 
The hearing is set for April 23rd at The Dearborn County Plan Commission Meeting. 
The second article covers the alleged connection between the Lawrenceburg Municipal Utility Director, Olin Clawson, and the Blind Hunting Club LLC members.
Click below for the articles on the Register Publications Site.

https://www.thedcregister.com/news-latest/proposed-guilford-subdivision-rattles-residents

Tuesday, April 17, 2018

17 APRIL 2018 DEARBORN COUNTY COMMISSIONERS MEETING NOTES


17 APRIL 2018 DEARBORN COUNTY COMMISSIONERS MEETING NOTES

Present: Shane McHenry, President, Art Little, and Jim Thatcher

Also present: Connie Fromhold, Auditor, Andy Baudendistel, Attorney, and Sue Hayden, Administrator

Also present for the MPGI vs SDRSD Ordinance item- Mayors of Lawrenceburg (Mollaun) and Aurora (Hastings), LMU Utility Director Olin Clawson, Greendale City Engineer Steve Lampert, and Guinevere Emery, Aurora City Manager. 

TITLE VI STATEMENT FOR COMPLIANCE was read by Baudendistel as legally required.

OLD BUSINESS:

Appeal filed by MGPI, LLC objecting to SDRSD (South Dearborn Regional Sewer District) Ordinance 2018-01- Thatcher said they both made compelling arguments , but they approved SDRSD’s ordinance.

NEW BUSINESS:

Donation of 2 parcels of land to Dearborn County- Garden Meadows Estates Lot 12 and Picnic Woods Lot 63-  Jeff Tucker was present to answer questions. Baudendistel prepared an offer to donate property to finalize the deal. There was question about last years property taxes or about $120 total. Those taxes will be paid by Mrs.Tucker. These properties were two that Listerman wanted for the county. Commissioners approved the offer and signed it. 

Owner occupied rehab grant application - Kerry McConnell, SIRPC (South Indiana Regional Planning Commission) - Ms.Jackson came in Kerry’s place. She presented some material for the commissioners. Lifetime Housing Group contacted them last year and told them they were no longer going to do this program in Dearborn County. Roof, gutters, windows, electric. 20% to elderly, disabled, and with young kids. $350,000 grant and it would be for 14 homes. No match required. There are 17 applicants in the county at this time. She discussed some other options for Indiana Housing Applications which would require a match. She would have to go to the Council for the match option. No more liens are required with this program. If applicant has received assistance- they can’t apply again for 3 years. There are income limits and they have to have insurance and paid proper taxes. It is possible to restrict it to just unincorporated county. Applicants get interviewed to select the 14. They can do public announcements to generate interest if they don’t fill the 14 applicants from current requests. She also needed their approval to do a press release on the $350,000 grant when they file for it. SIRPC administers the grant. The county does not pay anything out in advance- the state wires the money when it gets approved and the auditor disburses it within 5 days. Commissioners approved the grant application for the block grant. She also will go to Council. 

Mark McCormack, Planning and Zoning Director:
Zone Map Amendment and Ordinance reining Parcel located in Logan Township- 11.02 acres of land in Section 29,
Township 7, Range 1 of Logan Township, off Raiders Ridge Drive (near General Dr. and Steele Rd.). Maxwell Development, Inc. is seeking to rezone the affected portion of the property from an Agricultural (A) Zoning District to a Residential (R) Zoning District (to allow for a total of 11 new single-family building sites on the affected rezone area—and a total of 13 single-family building sites on the entire 36+ acre parent parcel). This is an extension of the Morgan’s Ridge Subdivision. McCormack gave them the written commitments. For detailed info see the March 2018 Plan Commission notes on this blog. The lots on the edges extend into the AG property area. They just don’t need to rezone the steep slopes. She question about securing the pond from the roadway on one section. He mentioned the adjoining property owner who wanted more access in addition to what they had already been given on a private road. The traffic study was for 182 units and they are doing about 100 less homes total on this entire project. No public wished to speak. Commissioners approved the rezone of 11.02 acres and signed the ordinance noting the criteria for a zone change as read by Baudendistel. 

Interlocal Agreement with West Harrison and Dearborn County- McCormack presented the agreement to Commissioners and that that they will be updating their Comprehensive Plan from the 1980s or earlier. The town has approved the agreement as did the Plan Commission. This is very similar to the St. Leon Agreement. 90 day notice to terminate. Annual but automatically renewing unless terminated. The towns pay local attorneys if they are needed for enforcement- not the county attorney. Each community has a dedicated computer in the PZ Office. Commissioners approved the agreement. 

McCormack will present the updated Comp Plan at the April 23rd PC Meeting along with a couple cases.

ADMINISTRATOR – Sue Hayden- nothing

AUDITOR – Connie Fromhold  -Claims/Minutes from April 3rd meeting and April 10th special meeting from DCRSD meeting approved. 

ATTORNEY – Andy Baudendistel- dog incident April 1 Dillsboro townhouses. Bit deputy in sheriff’s office. Court date set. Owner filed an appeal of the vicious dog status. May 1st at 10AM after Commissioners morning meeting for that appeal.   

COMMISSIONER COMMENTS: Thatcher asked about the House issue with Building Dept. Baudendistel said - email stated that Friday April 20th will have the itemized submission ready. 


LATE ARRIVAL INFORMATION- none

PUBLIC COMMENT- none

ADJOURN- 6:02 PM

Christine Brauer Mueller
Lawrenceburg Township

Saturday, April 14, 2018

AGENDA April 17 DC Commissioners Meeting


AGENDA
DEARBORN COUNTY BOARD OF COMMISSIONERS MEETING
 April 17, 2018 
5:00 p.m., Henry Dearborn Room
Dearborn County Government Center
165 Mary Street, Lawrenceburg, Indiana


I. CALL TO ORDER

II. PLEDGE OF ALLEGIANCE

III. TITLE VI STATEMENT FOR COMPLIANCE

IV UNFINISHED BUSINESS
Appeal filed by MGPI, LLC objecting to SDRSD Ordinance 2018-01

V. NEW BUSINESS
1.  Donation of 2 Parcels to Dearborn County – Jeff Tucker

2.  Owner Occupied Rehabilitation Grant Application – Kerry McConnell, SIRPC

3.  Mark McCormack, Director of Planning & Zoning
       1.  Zone Map Amendment and Ordinance Rezoning Parcel Located in Logan Township     2.  Interlocal Government Agreement w/Town of West Harrison and Dearborn County

VI. ADMINISTRATOR – Sue Hayden
VII. AUDITOR – Connie Fromhold
1.  Claims/Minutes

VIII. ATTORNEY – Andy Baudendistel
IX. COMMISSIONER COMMENTS

X. LATE ARRIVAL INFORMATION

XI. PUBLIC COMMENT

XII. ADJOURN

Tuesday, April 10, 2018

Agenda April 12 DC Redevelopment Commission Meeting 8:30 AM




 AGENDA
DEARBORN COUNTY REDEVELOPMENT COMMISSIONS MEETING
April 12, 2018
8:30 a.m., 1st Floor Henry Dearborn Room
Dearborn County Government Center
165 Mary Street, Lawrenceburg, Indiana


  1. Call to order

  1. Title VI Statement for Compliance

  1. Approval of Minutes
March 8, 2018 Meeting

  1. Claims & Financials
1.  TIF Fund Claims 
2.  General Fund Claim - NONE
3.  Financials 

  1. Unfinished Business
1.  Aurora Industrial Sign Updates
2.  Billboard Updates

  1. New Business

  1. One Dearborn Report

  1. Attorney’s Report

  1. Other Business

  1. Adjournment




Monday, April 09, 2018

Thank You Tim from Indiana Department of Transportation

Thank You Tim from Indiana Department of Transportation



 by Leo Morris
Morris

There might be something more terrifying for a wheezy old man than sitting in a compact with a flat tire on the shoulder of I-465 in Indianapolis, watching nervously in the driver’s side mirror at three lanes of cars and trucks whizzing by at 70 miles an hour, but offhand I can’t imagine what.

Staring into the muzzle of a .45 perhaps, being held by a crack addict three days from a fix. I’ll have to think about it.

I had something clever and timely in mind for this week’s column, maybe a take on the state’s tightening of the therapy-animal rules, or Republicans’ failure to expand absentee-voting opportunities. My usual practice, on the weekends when I visit my sister in Indianapolis, is to let the topics marinate on the drive home to Fort Wayne on Sunday. By the time I arrive, I have settled on a subject and know pretty much what I want to say, so I can sit at the kitchen table with my laptop, a bluegrass station playing on my Amazon Echo, and start typing.

But this time, Real Life intervened in the form of a bone-rattling pothole that dropped out of the sky right in front of my speeding car. So, thank you very much to the governments of the city of Indianapolis and the state of Indiana, which are able to find millions of dollars for every frivolous whim in every lobbyist’s empty head but can’t handle something as basic as keeping the roads in good repair.

On the other hand, a big thank you— sincerely, not facetiously — to Tim of the Indiana Department of Transportation, who rescued me from a long afternoon of misery and, considering the way people drive these days, may even have saved my life.

He’s the one who showed up in his big truck after I told the lady at the Mazda Roadside Assistance desk that, yes, indeed, I would like some emergency assistance before the tow truck arrived. With a police car sitting behind me, I reasoned, the odds would be reduced that my car would be the one clipped by a Sunday afternoon drunk.

But Tim is who showed up. And since his truck would serve even better than a police car for running interference, I would have been quite happy with him sitting behind me in his big INDOT truck. But when I told him it would be 45 minutes before the tow truck arrived, he said he could replace the tire with the temporary spare and have me on my way in 15 minutes.

It was the best deal I’d heard in quite some time, so I took him up on it, and thanked the universe for a timely reminder.
Those of us who try to wrestle profound truths out of life’s complicated issues need to remember that there are real people in there trying to make their way the best they can, just like we are.

We might have an issue with the bureaucracies that fail our infrastructure needs, but we can’t forget to thank the Tims of the world who have to work within the bureaucracy and are still able to get us back on the road.

We might have legitimate points to make about the effects of fatherless homes on all our social ills, but that doesn’t give us license to slight the heroic single mothers doing the best they can.

We might be justified in bitter complaints about the incompetent way the latest war is being waged, or even the very need for the war, but not in taking it out on the soldiers who must fight it.

We might feel profound anger that half the country just doesn’t understand what a jerk Donald Trump is or how evil Hillary Clinton was, but for heaven’s sake let’s not change the locks on the door because our relatives voted for the wrong person.

There’s a song called “Nothing More” I heard recently that was written by Eric Donnely and Tim Warren and performed by Lily Costner and the Alternate Routes. It’s admittedly a little na├»ve the way songs often are, even sappy, the cynic in me might say, but some of its words are worth contemplating the next time you’re stuck on the side of the road:

And heroes don’t look like they used to
They look like you do
We are love, we are one,
We are how we treat each other when the day is done
We are peace, we are war,
We are how we treat each other and nothing more.


Leo Morris, columnist for The Indiana Policy Review, is this year’s winner of the Hoosier Press Association’s award for Best Editorial Writer. Morris, as opinion editor of the Fort Wayne News-Sentinel, was named a finalist in editorial writing by the Pulitzer Prize committee. Contact him atleoedits@yahoo.com.
 

Wednesday, April 04, 2018

UPDATED Fly Ash Ordinance Passed by Commissioners April 3, 2018


BOARD OF COMMISSIONERS
DEARBORN COUNTY, INDIANA


ORDINANCE 2018-_____

AN ORDINANCE TO ADD TITLE XV, CHAPTER 155
TO THE DEARBORN COUNTY, INDIANA CODE OF ORDINANCES

WHEREAS, the Dearborn County Board of Commissioners has authority, pursuant to its statutory and home rule powers, to amend the Dearborn County, Indiana Code of Ordinances; and 

WHEREAS, the Dearborn County Board of Commissioners, pursuant to statutory authority as the duly elected County Executive for the County of Dearborn, State of Indiana, is tasked with the protection of the health and safety of its residents as well as the preservation of the local environment and ecosystem; and 

WHEREAS, the Dearborn County Board of Commissioners now determines that creating Title XV, Chapter 155 of the Dearborn County, Indiana Code of Ordinances will best protect the health and safety of its residents and to preserve the environment and ecosystem, all of which is in the best interest of the citizens of Dearborn County. 

NOW THEREFORE, BE IT ORDAINED by the Dearborn County Board of Commissioners, that an amendment be made to the Dearborn County, Indiana Code of Ordinances to add Title XV, Chapter 155 as follows:

TITLE XV – LAND USAGE

CHAPTER 155: ENVIRONMENTAL REGULATIONS

§ 155.01 Purpose
§ 155.02 Definitions
§ 155.03 Transportation and Placement of Certain Materials
§ 155.04 Application to Zoning Districts
§ 155.05 Conflict With Other Laws
§ 155.06 Exceptions
§ 155.07 Enforcement
§ 155.08 Effective Date

§ 155.01  PURPOSE

(A)   Purpose of Environmental Regulations:

(1) To protect the health, safety and general welfare of the citizens of Dearborn County, Indiana; and

(2)    To ensure the preservation and continued use and enjoyment of the environment and ecosystem; and

       (3)    To enhance property values and attract new residents; and

       (4)    To ensure the viability of the corporation limits; and

(5)    It is deemed essential by the County that these protections be put in place and enforced.

(B)    These purposes are advanced through a prohibition against the importing of certain materials and storage, in any form, whether temporary or permanent in nature, within the corporate boundaries of Dearborn County.

(C)    It is the intention of the County through this Chapter to preserve and 
protect the public health and environment and to enforce these provisions as necessary to that end.

§ 155.02  DEFINITIONS

For the purpose of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words in the present tense include the future tense. The singular number includes the plural, and the plural, the singular. Terms not defined in this section shall have the meanings customarily assigned to them.

COUNTY.  The County of Dearborn, State of Indiana.

COUNTY LIMITS.  The corporate legal municipal boundaries of the County of 
Dearborn, State of Indiana.  Said boundaries shall include all incorporated and unincorporated areas of the County.

COAL ASH.  The definition of COAL ASH shall include all coal combustion residuals or CCRs, including Fly Ash, Bottom Ash, Boiler Slag, Flue Gas Desulfurization Material, fluidized bed combustion ash, cenospheres, scrubber residues. All such terms shall have their plain meaning as well as the meanings referenced by the EPA and IDEM.  Concrete which has been created utilizing coal ash shall not be considered COAL ASH for the purposes of this Ordinance.

FILL MATERIAL means material used to fill in a depression or hole in the ground or create mounds or otherwise artificially change the grade or elevation of real property.

    PERSON.  Includes a company, a firm, a partnership, a limited liability company, or a corporation, as well as an individual.

PLACEMENT.  Any offloading of any quantity, from a vessel, a vehicle or by a person, for any duration of time, whether intentional or accidental.

    SHALL.  The word SHALL means that it is mandatory.

TRANSPORTATION.  The movement by any manner or means, whether by powered or unpowered vessel or vehicle, or by a person, via land, air or water, above or below ground.

§ 155.03  TRANSPORTATION AND PLACEMENT OF CERTAIN MATERIALS

The transportation of Coal Ash from outside the County limits to inside the County limits for the purpose of placement usage as fill material within the County limits shall be unlawful and prohibited. This is true for any duration of placement and any location within the County limits for any purpose, regardless of approval or permitting by any agency, including those of the State or Federal government. 

§ 155.04  APPLICATION TO ZONING DISTRICTS

All zoning districts lying within the County limits are subject to the regulations herein. If there is a conflict between the requirements of the zoning district and the requirements of this Chapter, this Chapter shall apply.

§ 155.05  CONFLICT WITH OTHER LAWS

This Ordinance shall be given full force and effect for all actions taken within the County limits, and any conflict with any other laws, whether local, State or Federal in jurisdiction, shall be construed in favor of this Ordinance.

§ 155.06  EXCEPTIONS

A. A variance to this prohibition may be requested by submitting the same in writing to the Dearborn County Board of Commissioners. The application shall state:

1. The identity and chemical composition of all prohibited materials to 
be transported.

2. The amount of each prohibited material and the percentage 
composition as compared to other materials contained therein.

3. The number of such shipments.

4. The frequency of such shipments.

5. The origin and destination of such shipments.

6. The purpose of the transportation.

7. The Party or Parties responsible for transportation and placement.

B. The Dearborn County Board of Commissioners shall hear from the applicant, the general public, and any other persons deemed beneficial to decision-making, and after doing so shall deliberate and decide as to whether to grant a variance within thirty (30) days of the hearing. 

C. The Dearborn County Board of Commissioners shall base their decision on the following factors:
1. Potential harm to the health of the citizens of the County.

2. Potential harm to the environment of the County.

3. Whether ot not there are sufficient safeguards in place to guarantee the safety of human health and the environment. 

D. Denial of a variance may be reviewed by the County Superior or Circuit Court.

E. Should a variance by granted by the Dearborn County Board of Commissioners, said variance shall be subject to the entire Dearborn County Zoning Ordinance which includes, but is not limited to, Article 8:  Floodplain Regulations and Article 25:  General Requirements, and specifically Section 2572 – Environmental Provisions.

§ 155.07 ENFORCEMENT

(A) Any person, whether as principal, agent, owner, lessee, tenant, contractor, builder, architect, engineer, or otherwise, who violates any provision of this Chapter shall be immediately subject to its penalties. 

(B) The presence of any materials prohibited by this Chapter shall be prima facie evidence of a violation of these provisions, and subject the person or persons possessing the materials to its penalty provisions, along with the entity on whose behalf said person is operating. 

(C)   The erection, construction, enlargement, alteration, repair, demolition, moving, or maintenance of any building, structure, or appurtenance which is begun, continued, or maintained contrary to any provisions of this Chapter is hereby declared to be a nuisance and in violation of this Chapter and unlawful. 

(D) The County may institute a suit for injunction in the Circuit Court or Superior Court of the County to restrain any person or government unit from violating any provision of this Chapter and to cause such violation to be prevented, abated, or removed. Such action may also be instituted by any property owner who is adversely affected by the violation of any provision of this Chapter.

(E) Any violation of the provisions of this Chapter shall subject the violating party or parties to injunction and damages, including fines, cost of collection and attorney’s fees. The violating party or parties shall also be liable for all costs of cleanup and remediation.

(G)    The remedies provided for in this section shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law.

(H)    Any person or party aggrieved by a decision under this Chapter shall be entitled to judicial review.

§ 155.08 EFFECTIVE DATE

This Ordinance shall be effective immediately upon passage by the Dearborn County Board of Commissioners and shall be recorded in the Dearborn County, Indiana Code of Ordinances and published accordingly. 

ALL OF WHICH IS ORDAINED by the Board of Commissioners of Dearborn County, Indiana this the _____ day of _______________, 2018.


BOARD OF COMMISSIONERS
DEARBORN COUNTY, INDIANA



______________________________ ______________________________
SHANE MCHENRY, President ART LITTLE, Member



ATTEST: ______________________________
JIM THATCHER, Member


______________________________
CONNIE FROMHOLD
County Auditor







This Ordinance prepared by:  Andrew D. Baudendistel #28212-15, Dearborn County Attorney, 60 East High Street, Lawrenceburg, Indiana 47025.  Phone: (812) 537-4500.  Fax: (812) 539-4500.

Tuesday, April 03, 2018

3 APRIL 2018 DEARBORN COUNTY COMMISSIONERS MEETING NOTES


3 April 2018 DEARBORN COUNTY COMMISSIONERS MEETING NOTES

Present: Shane McHenry, President, Art Little, and Jim Thatcher

Also present: Connie Fromhold, Auditor, Andy Baudendistel, Attorney, and Sue Hayden, Administrator

TITLE VI STATEMENT FOR COMPLIANCE was read by Baudendistel as legally required.

OLD BUSINESS
Tabled Item - Fly Ash Ordinance to Add Title XV (Land Use), Chapter 155 (Environmental Regulations)-  fill material definition was changed, transportation of coal ash materials was further defined, and concrete use of coal ash was added. Commissioners approved the ordinance with no public wishing to speak. 

NEW BUSINESS

Chris Grabosky- Maxwell Construction- Change Orders on Annex Project- 
Bruns Gutzwiller- east arm entrance, judge benches, window treatments, dumpsters, etc- add for $ 23627.50
Koch Mechanical- stainless steel sink (inmate broke the porcelain one) plus other deductions deduct- $14,916  deduct. 
Dry wallers- repairs , changes, and additions- Total add $6,822.75.
Will be back for the final closures. Cornice and columns should be delivered next week. 

Mark McCormack, Director of Planning & Zoning: 
Proposed Text Amendments to Zoning & Subdivision Control Ordinances
Per McCormack- All these proposed below received  a favorable recommendation from the 7 members present at PC. These match the state law language more closely. Most of these have to do with access to roads. They will also reduce applicant costs and reduce the number of public hearings required. Common shared access points are to have agreements on maintenance. State maintained routes have to have both local and state approvals. 24 and 305D are similar in several points. Tech review will handle many of these cases. Conditional use criteria for approval were modified. Variances were modified to be similar to IN code. The section on unique conditions of the property was addressed. They defined practical difficulty. They have section on use variances now. Use variance runs with the land itself.  No public comment when PUBLC COMMENT was opened on either.

Ordinance to Amend Articles 3 and 24 of the Zoning Ordinance. Commissioners approved both.

Ordinance to Amend Articles 3, Section 305D of the Subdivision Control Ordinance. Commissioners Approved.

Todd Listerman- County Engineer:

Annual Operational Report for Local Roads & Streets - report was presented to Commissioners and they approved and signed it. This is an annual requirement by state law. This shows receipts and expenditures for the year. This is the last year for this report. There is a new form of report for next year. They are adding new sections to make it more transparent. In 2017- operating $7,208,559.70, expenses- $7,198,326.11 so a $10,233.59 surplus from 2017

Notice of Award Bridge 49- Ester Ridge-Listerman- used to be an old stone wall leading to the structure, which fell into the creek. To protect the bridge to repair the existing wing wall and extension to keep creek from going behind the structure. $72,000 was low bid from Paul Rohe Co. APPROVED

Updates- received last Right of Entries by SR 1 at bottom of hill- so weight limit will be able to be lifted on that small structure to start in May. Then they will resurface Georgetown. 
Needs permission from Commissioners to Bridge 76 on Jamison and the bids were too high. Asking to go to Council in May 22 for $325,000 more that is needed. the creek is right up against the road. They have to do slip correction along with the bridge fix. Approved to go to Council.
Pothole fix will happen when asphalt plants open for hot mix. Using cold mix for now. Waiting on weather. 

ADMINISTRATOR – Sue Hayden
Travel Advisory Notices- for Jason Sullivan- Approved and signed after being read. These were for snow/icy mix last month-Yellow travel advisory for March 21 and March 24.

Grant Application Request for Veteran’s Services- for Mike Burgess- for $6,000 from Lawrenceburg City for Jan-Dec 2018 for Transportation Fund. Application approved. 

AUDITOR – Connie Fromhold  -Claims and Minutes from March 20 were approved and signed. 

ATTORNEY – Andy Baudendistel- Building Permit Extension Agreement- This is progress on lot from Seldom Seen in Bright from last meeting- McDaniel the attorney for the owners, gave Baudendistel the agreement with changes and signed it along with his clients. Need an itemized list to have it by April 9 and the money will be in escrow by the 8th. The permit can be removed if satisfactory progress is made. Bill Shelton will not issue the permit unless the itemized list with costs is in hand and the money matching that is in escrow. Commissioners approved the agreement with the permit to be for 45 days. 
McHenry told him that this is it- you have to get it done now. 

COMMISSIONER COMMENTS- none

LATE ARRIVAL INFORMATION- none

PUBLIC COMMENT-none

ADJOURN- 10:05 AM

Christine Brauer Mueller
Lawrenceburg Township

Friday, March 30, 2018

AGENDA April 3 Commissioners MORNING Meeting


AGENDA
DEARBORN COUNTY BOARD OF COMMISSIONERS MEETING
 April 3, 2018 
9:00 a.m., Henry Dearborn Room
Dearborn County Government Center
165 Mary Street, Lawrenceburg, Indiana


I. CALL TO ORDER

II. PLEDGE OF ALLEGIANCE

III. TITLE VI STATEMENT FOR COMPLIANCE

IV UNFINISHED BUSINESS
1.  Tabled Item - Ordinance to Add Title XV (Land Use), Chapter 155 (Environmental Regulations)

V. NEW BUSINESS
1. Mark McCormack, Director of Planning & Zoning 
1. Proposed Text Amendments to Zoning & Subdivision Control Ordinances
2. Ordinance to Amend Articles 3 and 24 of the Zoning Ordinance
3. Ordinance to Amend Articles 3, Section 305D of the Subdivision Control Ordinance

2.  Annual Operational Report for Local Roads & Streets – Hwy Eng., Todd Listerman

VI. ADMINISTRATOR – Sue Hayden
1.  Travel Advisory Notices – Presenting for Jason Sullivan
2.  Grant Application Request for Annual Veteran’s Service – Presenting for Mike Burgess

VII. AUDITOR – Connie Fromhold
1.  Claims/Minutes

VIII. ATTORNEY – Andy Baudendistel
1.  Building Permit Extension Agreement

IX. COMMISSIONER COMMENTS

X. LATE ARRIVAL INFORMATION

XI. PUBLIC COMMENT

XII. ADJOURN

Monday, March 26, 2018

26 March 2018 Dearborn County Plan Commission Meeting Notes


26 March 2018 Dearborn County Plan Commission Meeting Notes
Present: Dennis Kraus, Jr., Chairman, Russell Beiersdorfer, John Hawley, Mark Lehman,  Michael Lynch, Jake Hoog, Bill Ullrich, and Eric Lang 
ABSENT: Jim Thatcher
Also Present: Mark McCormack, Plan Director, and Andy Baudendistel, Attorney.
Baudendistel read the Title VI statement as legally required.
ACTION ON MINUTES-  January 22 and February 26,  2018 minutes approved. Bill Ullrich abstained from the January approval as he wasn’t on the board at that time. Michael Lynch asked to abstain also. 
OLD BUSINESS- none
NEW BUSINESS:
First Request:
 Zone Map Amendment from an Agricultural (A) to a Residential (R) Zoning District Applicant: Maxwell Development, Inc. Site Location: Raiders Ridge Drive, near General Drive and Steele Road Legal: Sec. 29, T7, R1, Map #01-29 Township: Logan Size: Approx. 11.02 Acres of Parent Parcel - McCormack presented the background as stated in the packet materials. The existing land use map of this area is being revised and updated to show the residential uses added. The area is surrounded by a fair amount of other residential use. Rezone area is not a steep slope as per the contour map. The area on 3 sides of the proposed rezone will remain Ag. Max buildout was for 182 its in 2006, re-approved in 2009 for 87 buildable Now the projected buildout is 69 units. Letters for utility providers are OK. Suggested the board look for a written commitment for the rezone as to the number of lots. Traffic study was for 200 units back in 2006 so the number of lots is under that traffic study numbers. More details when the primary plat is submitted. Written findings of facts were prepared by the applicant. Nothing is in the flood plain. Mt Pleasant Road is the main road accessing this and is adequate. Sewer is by St. Leon. County Engineer had no issues with access from Raiders Ridge Drive. Also existing ROW form Calvary Crossing. 5 letters sent to neighbors. One was not picked up at the post office. McCormack then showed pictures of the site. 
Board question- Lehman asked about the landlocked piece adjoining that and if it had access- Yes.
Randy Maxwell- said he’d answer any questions. 11 acres and 12 lots. There are also 2 homes (one existing) built in the Ag district around this. PUBLIC-
Sandra Weisberger- her family didn’t want her to come. They got access to the private road. 
She wants to have Steele Road connectivity and wanted access to the new road going to the west. Maxwell said that they made a private drive to access the Weisbergers and the 6-7 homes on that private drive. 
Cindy Harding- daughter of Sandy Weisberger- showed all the other roadways thru the parcels or near it- Steele Road and Lutz Road. 
McCormack- said the basic question is the rezone- and access is considered at the primary plat stage. The road configuration will be considered then. The improvement plan gets it more refined. 
End Public
Lehman- said we have some work to do on findings of fact. He thinks the answers need to be more detailed. He wanted to see topography added as a reason for making the lot area Residential vs. the steep area staying Ag. 
Lang- thinks the rezone is straightforward as it’s a progression of what is already there. 
Hoog- doesn’t think  farmer would do anything with 11 acres in the middle of residential uses anyway. Topography limits some of this. 
Kraus, Jr. Asked if the findings of fact had to be part of a motion. Baudendistel said that the staff puts those together before the request goes to commissioners. 
They wants to put 13 lots in the motion tp be sure that all are accounted for even the ones in the Ag section. 
Lang motioned for a favorable recommendation to rezone the 11 acres to R based upon 13 lots approximately as presented. Ullrich 2nded. All ayes. They also wanted commitment that no more than 13 lots will be on the 36 acre parcel as Randy Maxwell suggested. Lang motioned for that and Ullrich 2nded. All ayes. 
Randy Maxwell commented to the board that the findings of fact questions were extremely subjective in his opinion. He could see how others could argue the opposite depending on their perspective. Land said it did give the applicant a place to plead his or her case. 
  
 Second Request: 
Vacate a portion (2 lots total) of Phases 1 and 3 of the Park Place Estates Subdivision Applicant: Steve Cahill / Abercrombie & Associates, Inc. Site Location: Lot 3 and Lot 71 Ag, Einsel Road near Boardwalk Drive Legal: Section 35, T7, R1, Map #01-35, Township: Harrison Size: 19.93 Acres (Total) Zoning: Agricultural (A) & Residential R
McCormack presented packet info and slide of the area. He went over ll the replays of this development. Non- buildable means not putting a home or business there. You could put barns etc. Maxwell developed this and they sold these additional acres to someone who had an adjoining property. The owners live on lot 3 and the new home would be on 71. They are trying to get something to be able to be built on a non-buildable lot. 11 letters mailed. 3 were received- the rest came back. There is a house on lot3 and none on 71. This is a first step to redoing the lots. which are next to each other. They would vacate the lots and then not be part of the subdivision. They can then decide if and where they can build a 2nd home there. One of the neighbors in the audience said there is no homeowners ass’n in this development. Lang questioned why this wasn’t just a replat and not mess with deleting the homeowners ass’n or restrictions and covenants. All of Section 3 was notified. 
Applicant:
Steve Cahill of Abercrombie Associates— applicant representing Mr and Mrs Madden tonight. They want to build an additional house for the mother-in-law. The deed mentions on Lot 71 covenants and restrictions. Maddens do not pay any homeowners ass’n fees. The only thing that kills their plan is that its a non-buildable lot. The home site will be on the lot 71 and lot 3 line. 
Joe Madden- wants the mother-in-law who has health issues close by. House will be similar to the rest of the neighborhood. They took this approach on advice of the staff at P&Z. They have owned the house since 2015. It was already built. 
PUBLIC- Helmut Keinz sp? - no problem with the plans- just the lack of clarity. There are restrictions and covenants- but there is no way to enforce them really. Previous owner had heavy equipment back there before. They had ATV’s etc. He has no problem with the plans as presented. Joe Madden said it was an excavator to move some trees that fell over. 
Close Public off.
Discussion from attorney is to table this until the neighbors around 71 are ok with it. They thought they bought a house next to an empty lot. So they need to be notified by regular mail now. Lots of discussion and then the Board decided to TABLE and notify neighbors before the April meeting. Only new material will be heard in April. 

9:45 PM
 ADMINISTRATIVE:
To review and discuss proposed changes to the Dearborn County Zoning and Subdivision Control Ordinances, regarding Zone Map Amendment Applications - follow up  to previous work and this is for them to look over. 

To review and discuss proposed changes to the Interlocal Agreement with West Harrison, with respect to expanded planning and zoning-related services  -signed already so PC signs now and takes it to the Commissioners and Council. 

Comprehensive Plan Update - interview set for Public Safety with Jason Sullivan, EMA director. Tried to reach out to Sheriff’s office.  Kreinhop is not responding so it was suggested by McHenry that he interview Lusby- former sheriff for this element. 

One case for April- and it’s half the size they originally talked about.  

Notifications for rezones- some don’t want to submit concept development plan. This subjects them to maximum allowable use. He has looked up the minimum amount of notifications needed. Most are making it 600ft or 2 ownerships, whichever is less by the land proposed. 

Meeting adjourned at 10:05 PM
Christine Brauer Mueller
Lawrenceburg Township