Tuesday, January 25, 2005

Two Favorables and One Denial- 24 January 2005 Plan Commission Meeting Notes

24 January 2005 Plan Commission Meeting Notes

Present: Mark Mitter, Chairman, Rick Pope, Vice Chairman, Jeff Hughes (new commissioner rep), Patrick de Maynadier, Nick Held, Tarry Feiss, Jane Ohlmansiek (appointed in 2004 to replace Dave Schmidtgoesling who retired), Dennis Kraus, Jr. (new surveyor rep), and Mike Hall. Arnie McGill, Att’y also present, as was Travis Miller, Planning Director and Sec’y to the Plan Commission, and Mark McCormack, Enforcement Officer.

Election of Officers kept the same three in place (Mitter, Pope and Travis Miller) and also reappointed Arnie McGill as att’y.
Rick Pope was reappointed by the PC to the BZA as the citizen rep from the Plan Commission.

NOTE: At 10:30 the last three items on the agenda were rescheduled to a second meeting on January 31st. This meeting lasted 4.75 hours.

1. County Gets Road Extension Paid For and Constructed by Maxwell Development.

7:10 PM Chappelow Ridge Subdivision: Zone change from A to R for single family development on 182 acres between Barber Road and Chappelow Ridge in Logan Township. Owner is Louis Kremer with Maxwell Development as applicant.
Randy and John Maxwell
presented the development plans. They are note rezoning the section in the flood plain. The two cul-de-sac streets in this development got the required variance due to the roadway design including extra places for turnarounds and also several loops and breaks in the longest stretches. This plan proposes to be a medium density subdivision of .68 units per acre. St. Leon sewer is proposed to be connected at the site. No homes will be built on the steep slopes. Detention ponds etc. will be constructed to minimize runoff issues. John Maxwell stated that 3 borings were done on the worst section of the proposed roadway to see if it was feasible. They would do further expensive and extensive borings if the plan is approved. This plan for them REQUIRES the extension of Chapelow Ridge. 12% slope is the max allowed for a local street. Parts of this road are on a 20% slope. They plan to run the roadway along the hill and include extensive excavation to achieve the proper safe alignment.
Helen Kremer and Dan Sexton spoke in opposition regarding their rural community character, narrowness of Barber Rd, steep slopes, and the natural beauty of the area above the Whitewater River. Higher taxes and increased traffic were concerns, school crowding, and the safety of Chapelow ridge now that it will become a through street.
Patrick de Maynadier motioned for a FAVORABLE recommendation to the commissioners conditioned upon: 1. adequate sewer capacity with St. Leon, 2. a feasible roadway design, 3. a commitment to connect Chapelow Ridge to Barber Rd. prior to 2ndary plat approval, and 4. a favorable recommendation for the variance on cul-de-sac lengths based on the interior design mitigations. Rick Pope 2nd. All ayes.

2. Countryside Condos on the Fringe of Suburban Development.

8 PM Pleasant Woods Condominiums – Zone change from Ag to R on 31 acres for 103 condos on Mt. Pleasant Rd. in Logan Township across fro The Farm Golf Course. Bayer Becker was applicant with Rohe Development. Nicole Daily and Mark Rosenberger presented for Bayer Becker citing proximity to suburban development and the golf course amenity. They will facilitate the upgrade of Mt. Pleasant along the property line and include turn lanes. The interior design of the road had issues that they will address to the required turning radii etc. A walking trail is included. Development is phased.
Jennifer Graf, Tom Volpenheim (sp?), and Thom Hammond spoke in opposition. Major concerns were the roadway issues with Whites Hill that is an access route to this area. Details of the Commissioner Karen Shell concerns from 2 years ago were brought up. They are also concerned with density in a low to medium density area with some Ag uses.
Design compatibility with the density of the area was a major sticking point.
Several motions were made. Final one was: Patrick de Maynadier motioned for a FAVORABLE recommendation provided the 1. maximum density it 3.32 units per acre, 2. a 100 ft. buffer is created along Mt. Pleasant, 3. they obtain adequate sewer from St. Leon, and 4. they address all tech review comments on the roadways. Mike Hall 2nd. All ayes.

5 minute break at 9:30 PM

3. Plan Commission Denial Essentially “Corrects” Illegal Commissioner Zoning Agreement from 2003.

9:40 PM Meadow Walk Subdivision. Primary approval for a 73-lot subdivision on 62.9 acres on Whites Hill Road in Logan Township. Bayer Becker and Richard Schmidt Development presenting for owners Steven and Mary Kahles.
Nicole Daily and Mark Rosenberger presented as well as Richard and Brian Schmidt.

Proposal includes 2144.51 ft cul-de-sac serving 38 lots. There were no mitigating design elements such as loops etc. Sidewalks were eliminated, as were curb and gutter. They were willing to widen streets for walking. They felt sidewalks would lead to nowhere. [NOTE: If this is the case, then the development is isolated and perhaps out of character.]
Debbie Klump, Jennifer Graf, Karen Dubbs, Patty Simpson, Bert Smith, Dave Teuschler, Jim Price and son, Thom Hammond, and Larry Smith [NOTE: Smith is a developer who adjoins and reportedly wishes to buy this land]
all spoke in opposition to the plan. They cited drainage issues and hammered the roadway concerns heavily. The county had an original proposal to fix White’s Hill AT TAXPAYER EXPENSE that was subsequently cut back to a cheaper alternative. The road is not finished and has slippage issues that are currently being addressed.
There is an agreement signed by Richard Schmidt with the county commissioners that if White’s Hill is not completed and the development not started in two years, the zone change reverts to Ag. [NOTE: Per Arnie McGill the commissioners are not legally able to do this- only the plan commission can.]
Discussion boiled down to: Does this plan fit the subdivision control ordinance?
Patrick de Maynadier motioned to DENY the application for failure to comply with the sidewalk and cul-de-sac rules and the safety issues of White’s Hill Rd. Nick Held 2nd. All Ayes to DENY.

11:30 PM A second meeting will be held at 7 PM Jan 31st to address the tabled final three items.

Per Travis, Rick Fox asked him to give a Planning recommendation regarding the VRUC NPDES application for HVL sewer plant. Plan Commission approved Travis’s cover letter and analysis for the commissioners.
Feb 16th is the next working meeting at 7PM to discuss cul-de-sac and roadway design
issues within the ordinance.
Retracing surveys may no longer need to pay the $40 to be certified. Travis will discuss with Barb Kaffenberger in the Recorder’s Office.

Meeting adjourned at 11:45 PM

Christine Brauer Mueller
Lawrenceburg Township

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