Tuesday, October 24, 2006

23 October 2006 Dearborn County Plan Commission Meeting Notes

23 October 2006 Dearborn County Plan Commission Meeting Notes

Present: Mark Mitter, Chairman, Patrick deMaynadier, Jane Ohlmansiek, Tarry Feiss, Nick Held, Mike Hall, Jeff Hughes, and Dennis Kraus, Jr.
Absent: Robert Laws
Also Present: Arnie McGill, Attorney, Mark McCormack, Planning Director, and Kate Rademacher, Enforcement Officer.


Mitter read two letters into the record regarding the withdrawal of the two applications for Mariah Business Park. One was from Nicole Daily of Bayer Becker and the other was from Lisa Lehner the attorney for the owners.

Bayer Becker
October 23, 2006
Mark McCormack
215B West High Street
Lawrenceburg, Indiana 47025
Re- Mariah Development Primary Plat & Zone Map Amendment Applications

Dear Mark:

Bayer Becker, as the applicant, and Owner, Mariah Development Corporation, seek to withdraw the application for zoning map amendment and the primary plat review application for Mariah Development. Consequently, those applications should be removed from the agenda for the October 23, 2006 meeting of the Dearborn County Plan Commission. No discussion of and no action regarding the applications should occur.

If you have any questions please call me at the number above.

Thank you for your time on this project.

Nicole P. Daily

Wood Lamping and Lehner LLP
October 23, 2006
Mr. Mark McCormack Dearborn County Plan Commission
Dear Mark:

Our firm represents the interests of Mariah Development Corporation. Mariah Development Corporation as property owner has worked with Bayer Becker as engineer/applicant regarding a project named Mariah Business Park. This letter confirms that the application for primary plat review and the application for zoning map amendment have been withdrawn. These applications should be removed from discussion at upcoming Plan Commission meetings. No action has been taken by the Plan Commission with respect to the applications.

Mariah Development Corporation intends to re-submit these applications in the future. Mariah Development Corporation would like an opportunity to review issues raised during Technical Review and an opportunity for Mark Mitter to remove himself from the discussion and action on these applications given his conflict of interest and appearance of impropriety. Mariah Development Corporation would have preferred that the discussion of and action on these applications be tabled to a future meeting. However, Mariah Development Corporation cannot table the applications because there is no agreement from the Plan Commission to table the discussion and action.

The withdrawal of the applications removed the applications from the Plan Commission agenda. Mariah Development Corporation objects to the presentation of any information regarding this project at upcoming Plan Commission meetings. Mariah Development Corporation objects to the discussion of and action on this project and/or applications by the Plan Commission. Such presentations, discussion and/or action would deprive Mariah Development Corporation of fair play and due process to which Mariah Development Corporation is entitled by law. Such presentations, discussion and/or action would unjustly prejudice Mariah Development Corporation by failing to give Mariah Development Corporation an opportunity to present a plan and/or forcing Mariah Development Corporation to present defenses to public comments and/or Plan Commission comments without the benefit of a filed plan or pending application.

If you have any questions in this regard, then please do not hesitate to contact me.

Very truly yours,
Lisa dehart Lehner

Mitter told the board that he had removed himself a while ago and had asked Ohlmansiek to cover this meeting as chairman.
Daily was present and indicated that Mariah will be back with reapplication later.
Earliest hearing would be December due to the timing of deadlines for tech review per the Planning staff.

1. Vince Karsteter Sugar Ridge Lane with neighbor Steve Henke addressed the board regarding what will be a formal complaint regarding recent changes in Sugar Ridge development. Apparently these changes were made in 2005 without notice to neighbors and also without the Plan Commission knowing. They found gaps in the files and the plat showing the major change of two large areas- E and G of the plat – from banquet hall and driving green to 37 single family homes was signed on 27 December 2005, which was Travis Miller’s last day at the County Planning office. Karsteter read section 1640 into the record regarding major and minor changes on PUD’s. He noted that PUDs are to help developers achieve higher densities with the understanding that they also keep the required buffers and green space.
Since the 2003 approval, (Karsteter states he attended all meetings and he was not opposed to the plans) there was only 1 notification of changes and it was an easement issue, he had no problems with. This was 31 Jan 2005. There were about 6-8 minor replats prior to this public notification. However on 27 Dec 2005 there is a plat showing the changes from E and G to 37 single-family homes and he does not think this was a MINOR change. No one was notified. The total number of units so far has stayed the same, but he has somehow “lost green space in the entire plan to the tune of 42.8 acres. There have been nearly 2-dozen replats since 2003. At least 2 portions of the project that were open/green are now designated as housing and some is high density.
When Gehring Excavators took out all the trees right to his fence on his nearly 20 acres, they also knocked the fence in 3 places. There are NO TREES left . They have been burning for more than 3 months and ashes are falling on people’s cars. The Fishburn property at the bottom is now getting all this runoff.
Board stated the penalty is $300 per day per offense.
Karsteter was advised to file a written complaint with Planning Office.
DeMaynadier motioned and Held 2nd to send a letter to Macke that he may be in violation and that he needs to come in to the planning office tech review to determine this. He will be advised that if he continues to build and it’s in violation, it will be at his own risk. Staff and tech review will evaluate sections 1640 and 288 and advise the PC. McGill will evaluate the actions for the county and report in executive session, which will be 6PM Nov 20th.
All ayes.
Karsteter noted that Sizemore had recently put in sod and the driving range was done with golf tee offs and now it’s all bulldozed. He also asked that they do a site visit- which board agreed to have Mark McCormack and the county surveyor go up.

2. Tom Kent asked the board for another change on Perfect View commitments. He wants to disturb about ¼ -1/2 acre of land that is greater than 20% slope to put his road straight up rather than wind around the hill and disturb the pond. One of the commitments was to have no grading on sloes greater than 20%. His geotech advised him on this. PC decided he has to come to a public hearing and then on to commissioners again to change this. Kent agreed. This zone change has NOT been recorded yet with commitments- so they will wait to see about his change first.
This is Kent’s 2nd change hearing on his commitments.

3. PC reviewed notes on Master Plan Advisory meeting and these will go out to Committee this week or next. Master Plan Advisory Board will meet Nov 6th and Nov 20th.

4. PC discussed changes to the ordinance including some options for conditional uses when they refer to multifamily units. These will be prepared for a future hearing.

Meeting adjourned 9:30 PM
Christine Brauer Mueller
Lawrenceburg Township

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