21 December 2009 Dearborn County Plan Commission Meeting Notes

21 December 2009 Dearborn County Plan Commission Meeting Notes

Present: Hall, Chairman, Kraus, Jr, Lansing, Hoog, Lehman, Hornbach, Nelson, Thompson, and Beiersdorfer ( 20 minutes late)
Also present: McCormack, Plan Director, and McGill, Attorney.

1. Primary approval was requested for a 5-lot replat of lot 175 of the Villages of Sugar Ridge with applicant Land Consultants and Owner McFarland Properties on Augusta Drive in Section 13 of Miller Township on 0.8264 acres. Land is currently zoned as a PUD. The Bright Fire Dept letter has been received and the item came off the table. Discussion briefly reiterated concerns they might use up the extra 3 lots for the entire PUD in sewer taps. McCormack said build out wasn’t near that level yet. Concerns about Augusta Drive needing a top coat and a few minor repairs to be up to county standards were voiced. Costs were estimated in the $130-150,000 range for that work. County does not want taxpayers to end up with that tab as the developer went bankrupt and bonds are lapsed. Each mile of road on county inventory gets $4,000 tax money per year and it will take 100 years to get road money to fix all out roads.

Nelson motioned and Kraus Jr 2nded to approve with Hoog and Thompson voting Nay, Motion passed- replat is approved.

NELSON requested that the PC meet to discuss Sugar Ridge- all concurred. This was set for the January meeting, unless something bigger comes up. They want all residents of Sugar Ridge and Developers there to have access to the discussion.

2. Request for Primary Approval for a 19-lot subdivision called Havencrest with applicant Bayer Becker and owner Larry Rutenschroer on Georgetown Road in Miller Township Section 15 on 11.53 acres. The Land is zoned Residential and surrounded by other residential uses, including HVL. This plat is part of the larger Airy Acres from 1976. Entrance is on Georgetown and homes planned in the $180-280,000 range. Three issues- water service, some slopes > 20% and sidewalk waiver request- as adjoining areas have none for connection. There were about 30 members of the public present for this- none spoke, as it did not get that far. McGill stepped in and told the board there was no way they could approve this tonight, as there is no water service letter in the packet. They could Table it to save the developer a reapplication fee or they could deny it. The developer (Rutenschroer) spoke about his plans and costs including $76,570 development fee, $12,920 VRUC fee and $63,650 Greendale fees. No records found of what this was to be in the original plat. This has been waiting since spring for water letters. Greendale is forwarding them to North Dearborn Water- as Greendale BOW does NOT want to revisit their agreement with VRUC.

PC voted to TABLE this request.

ADMINISTRATIVE:

1. 2010 schedule approved

2. Bond status reports passed out

3. Commissioners were all present for the discussion of the issue regarding L&I Construction under Maxwell’s development plan for Park Place. Three homes were without sidewalks and the certif. of occupancies were issued already. L&I failed to respond so stronger wording was used in a letter to them and there was objection to the word moratorium. It was decided by McCormack and the Board to set up a protocol for dealing with recalcitrant developers and builders, when they fail to comply with the plan stipulations for approval. Both Maxwell and eventually L&I complied. Maxwell had legal responsibility and contracted with L&I, who failed to fulfill that particular part of the obligation. Things were amicably settled without going to court and costing taxpayer money. Lehman noted that the cert of occupancy is the hammer really- so building dept and PC have to be together on expectations.

4. Sugar Ridge will be put on Jan agenda as noted previously in this meeting.

5. Comp Plan Advisory Board will meet in Feb sometime to review the Comprehensive Plan.

6. The motion on Linkmeyer approval was clarified for people asking about what area would remain undisturbed.

7. McCormack and the board wished each other Merry Christmas as Good wishes for the New Year.

Meeting adjourned at 9:20 PM

Christine Brauer Mueller
Lawrenceburg Township