Tuesday, August 24, 2004

23 August 2004 Plan Commission Meeting Notes

August Plan Commission

For the official minutes visit http://www.dearborncounty.org/planning/.
Minutes are generally posted a month after the meeting.

Present: Mark Mitter, Chairman, Rick Pope, Tarry Feiss, Patrick de Maynadier, Roger Woodfill, Mike Hall. Dan Batta arrived late at 8:10 PM. Also present: Travis Miller, Planning Director, and Arnie McGill, Attorney.
Absent: Dave Schmidtgoesling and Nick Held.
(Register Publications reporter not in attendance.)

Charlie Fehrman was added to the agenda on Monday afternoon as “Charlie Fehrman to address the Plan Commission.” Fehrman spoke at the beginning of the meeting stating that the bylaws for the new EDI (Economic Development Initiative), a public/private organization had openings for a Commissioner and a Council appointee to the 26- member EDI board. (Lorie Howard, County Adm., is the Commissioner’s appointee) He wanted permission to ask Travis Miller to serve as Council’s rep.
I spoke regarding the possibility of an ethical conflict of interest, particularly when future issues regarding land uses or permits come up for a promoted business. Travis Miller and Lorie Howard are VOTING members of the EDI Board.
Rick Pope felt that Travis would step down as soon as a conflict of interest arose.
The Plan Commission unanimously voted to allow Travis Miller to be considered by Council at their meeting tomorrow for this position. Travis Miller indicated that he was willing to serve.

Old Business-
Zone change from A to R for 3- lot subdivision for Hapanowiscz on North Dearborn Rd. adjoining Harley Springs sub’n. No opposition from neighbors. Patrick de Maynadier made sure the 5 reasons for a legal zone change were addressed before voting.
Pope motioned with Feiss 2nd for a favorable recommendation on the zone change and allowing a driveway access variance for the houses, thus eliminating a central driveway. Approved.

New Business:
1. Travis Miller notified the applicant for Golf-View acres (Rollander Enterprises) on Soaphill Rd. that they wouldn’t be heard because their application had no changes that would address the causes for previous denials. Applicant indicated that they understood the reason to withdraw the application, per Travis Miller.

2. Vacating streets for Dearborn Gravel- an M-3 land use in Hardinsburg (Lawrenceburg Township by I-275) for owner Kurt Weismiller. Rick Pope stepped down for this application.
John Seymour- President of Oxbow had no objections as long as they had future access to their lands. Cell tower on the property was also addressed.
Purpose according to Weismiller was to get a clear deed to their lands. They were fixing old discrepancies in the past deeds.
Woodfill motioned and Feiss 2nd to give a favorable recommendation to vacate Elm, Walnut, Front, Main, and the connecting alleys and to work out an agreement with the cell tower owners so that they have clear access. Approved.

[Note: Batta arrived at this point in the meeting.]

3. Aaron and Edna Miller requesting variance for a driveway permit on North Dearborn Road in Kelso Township and certified survey approval. Dennis Kraus, Jr. presenting.
Motions had to be redone on this. Final motion was Batta motioned and Pope 2nd to grant 2 variances as presented. There were no additional driveways, just an altered access to be shared. The non-buildable lot was to be accessed by the shared driveway as proposed. Passed.

4. Prior to this item being heard, Mitter called Tom Kent to the podium to ask if he wanted Patrick de Maynadier to step down, because Patrick had been a remonstrator in the previous applications on this property as a citizen and it had gone to court. Kent said it was not a problem. De Maynadier indicated he was willing to step down, but Kent wanted him to stay on the board for the decision. Kent reiterated firmly that it was “not a problem!”
[NOTE: audience area was full for this part of the meeting and included developers unrelated to the application.]
Primary approval was requested for a 21-lot subdivision called Chapel Thorne Estates on Yorkridge and Geiger Roads in York Township. Tom Kent owner-applicant and survey done by Terry Crouch.
Kent began his presentation by thanking the board for all the work they do. He said that in the past three years he has learned a lot about what they do. He proceeded to agree with nearly everything that the tech review and staff had suggested. There were some issues regarding a lot that was less than 5 acres and Kent explained that it was to preserve a stand of pines surrounding an old pond bed. There was issue with access for one lot onto Geiger Road and Kent explained that it was to avoid tearing down a 50- foot swath of trees to gain access to the main sub’n road. He did not want to go for a zone change to R because he felt that this was an Ag area and he wanted to do something in keeping with that character. He strongly stated that he feels that it is wrong to put an R district out in the middle of Ag! He also mentioned that he wanted covenant #18 to stay to keep people from filling in the road ditches that were designed to preserve the road built. [Note: Since there is evidence that the area has a high water table, these ditches are probably crucial to maintaining a good road.]
He plans to keep the barn for Ag use but wants to fix it up and get rid of the yellow paint.
Not sure what they will do with the house that has been vacant for 2 years.
Patrick de Maynadier wants to be sure all lots are 5 acres or up. Kent stressed that he wanted to preserve natural features also.
Elisa Carr
– of Bonnell Road (below the development) thought 5 acres was too small- considering the character of the area. She also warned of changes leading to things like what happened to Fishers, IN.
Eugene Kuebel- a life long resident of Yorkridge and adjoiner read Sen. Nugent’s recent newsletter about farmland preservation. He gave a lengthy description of septic issues and water and creek contamination in the area.
Rosemary Schuck- wanted slower growth in that area and cited what happens when you get a bunch of newcomers to the farm areas- hunting issues and trespass.
Leo Neurohr was not opposed- he brought a sketch showing evidence of dumping in the creek from one of the existing farmers in the area.
Bill Mc? – wanted them to make a good decision for good streets and good homes.
Tim Trabel – Doesn’t want an R zone and likes the pond idea.

Tom Kent told the board there were multiple borings on this site for septic review.

The board then discussed their thoughts:
thought the pond and trees added to the rural character and was OK with one lot connection to Geiger Rd.
Feiss: agreed with Pope.
Batta: was OK with the lot situation, but had problems with R of this size in Ag. “What’s positive for one person is not always positive for another.” He cited a CatIII collector that was deficient in many aspects (Yorkridge), and the limiting aspects of the soil there with the high water table. He did not feel it was a good public health policy to put that many septic tanks there- too dense.
De Maynadier: wanted lots 17-18 combined or something to get to 5-acre minimum. Cited that this is Ag use as mentioned in Section 2700 then. Was OK with access to Geiger on one lot to save trees.
Woodfill: Wanted to redraw lots to get to the 5-acre minimum.
Hall: wanted 5-acre minimum, but was OK with Geiger access for lot 14, if the sight distance was OK.
Mitter: could combine and reconfigure to get the 5 acres. Had a major concern with soil, but the Health Dept. would have final say there. Road concerns were alleviated by a cut in density. OK with Lot 14 to Geiger.
Pope motioned to allow with staff comments being addressed and to include access to Geiger if sight distance approved. Feiss 2nd. Batta and deMaynadier Nay and Mitter either didn’t vote or said Nay. Motion failed.
DeMaynadier motioned the same but added that all lots had to be a 5-acre minimum. Pope 2nd. Passed with Batta being the only Nay.


Master Plan final hearing to be on August 30 in the Adm. Bldg at 7 PM.
Workshop on August 24th set up and several members attending that evening.
Miller gave a short demo of the GIS that OKI can help with for $9,000 instead of the $200,000 version.

Meeting adjourned at 10:15 PM

Christine Brauer Mueller
Lawrenceburg Township

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