Monday, March 26, 2012

26 March 2012 Dearborn County Plan Commission Meeting Notes

26 March 2012 Dearborn County Plan Commission Meeting Notes

Present: Mike Hall, Chairman, Dennis Kraus Jr., Russell Beiersdorfer, Mark Lehman, Jeff Hughes, Jake Hoog, and Ken Nelson

ABSENT: Dan Lansing (death in family) and Mike Hornbach

Also Present: Nicole Dailey, Assistant Plan Director, and Arnie McGill, Attorney.


1. Request: Zone change from General Business (B-2) and Agricultural
(A) to Manufacturing Class 2 (M-2) to allow economic
development opportunities for the County.
Applicant/Owner: Redevelopment Commission of Dearborn County
Site Location: Old U.S. 52
Legal: Sec. 13, T7, R1, Map #01-13, Parcel #002.001
Township: Harrison Size: 40.565 Acres
Zoning: General Business (B-2) and Agricultural (A)

Zone Map Amendment:
The Applicants are requesting to rezone approximately 23.587 acres from Agricultural (A) and
General Business (B-2) Districts to a Manufacturing Two (M-2) Zoning District to permit a series of commercial and industrial uses.
The Applicants are requesting the Plan Commission to forward a recommendation (either
favorable or unfavorable) for a Zone Map Amendment to the Dearborn County Board of
Commissioners, who will ultimately make the final decision on this request.

SECTION 540 - Findings Necessary for Map Amendment
In preparing and considering proposals for zoning text and map amendments, the Plan
Commission and the legislative unit shall pay reasonable regard to the following:
1. The Comprehensive Plan;
2. Current conditions and the character of current structures and uses in each district;
3. The most desirable use for which the land in each district is adapted;
4. The conservation of property values throughout the jurisdiction;
5. Responsible development and growth.

Staff Report: February 2009 This property—Harrison Township, Township 7, Range 1, Section 13, identified as being part of parent parcel #s 002 and 002.001—located approximately 1.5 miles east of the U.S. 52 and
Interstate 74 interchange—is currently located within Agricultural (A) and General Business (B-2) Zoning Districts. This property is situated wholly within the West Harrison Tax Increment Finance (TIF) District.

During the Comprehensive Plan Update process, the Plan Commission staff identified the aforementioned parcels as being used for Agricultural purposes. The proposed development site is bordered to the north by Residential and Institutional Uses; to the east and the south the property is contiguous with Agricultural Uses. Commercial and Agricultural Uses adjoin the site to the west.

The Applicants have estimated that this development proposal would generate approximately 150 vehicle trips during the AM peak period and 133 vehicle trips during the PM peak period—
based on the projected uses and densities that are currently being contemplated. Twenty percent (20%) of all traffic entering and exiting this site is projected to be heavy truck traffic. As the
commercial and industrial uses associated with this development have not been specifically limited, additional traffic analyses may be required by the Plan Commission during a subsequent plan review process. The Dearborn County Technical Review Committee also has the authority to require a full Traffic Study (in accordance with Article 23, Section 2320 of the Zoning Ordinance) during the Major Site Plan Review process, if necessary or applicable.

Please refer to Article 25, Table 25.1 of the Zoning Ordinance regarding the minimum
dimensional standards and maximum density requirements for a Manufacturing Two (M-2)
District. A Manufacturing Two (M-2) zoning classification would allow for a maximum
building density of 25,000 square feet per acre. The proposed density of the Applicants’
Concept Development Plan for the commercial use(s) is 8,611 building square feet per acre.
Please refer to the Comprehensive Plan, Land Use Element, pages 124, 142-149
• Moderate and Steep Slopes: As stated in the Comprehensive Plan, slopes with
gradients over 20% should be avoided for clearing, re-grading, or construction. There
appear to be no areas identified in this project that are intended to be developed that meet or exceed this (20%) threshold.
• Floodplain/Flood Prone areas: The entire project site is situated within either the one hundred (100) year flood hazard area (Flood Hazard Zone “A”) or the five hundred (500) year flood hazard area (Flood Hazard Zone “B”)—as determined by FIRM
Community Panel Map 180038 0035B.
• Transportation Infrastructure / Functional Roadway Classifications:
 Old U.S. Highway 52, also known as Harrison-Brookville Road, is a Category
II Rural Arterial Road—with a paved width ranging from 21 to 26 feet.*
 Railroad access is available immediately south of this site.
*The transportation figures included in this section have been determined by referencing recent staff reconnaissance reports and the Dearborn County Transportation Assessment.
These measurements are not intended to imply that there are uniform conditions on the
Roadways are referenced.
• Sanitary Sewer: The sewage associated with this development is proposed to be
treated by the City of Harrison’s sanitary sewer facility—as collected and transported by the Dearborn County Regional Sewer District. The City of Harrison’s Public Works Director has indicated that the city’s wastewater plant has a design capacity of 2.75 MGD—with a daily average of 1.04MGD (in December of 2011). Please refer to the City of Harrison and Dearborn County Regional Sewer District letters in the Applicant’s information packet.

Technical Review Committee Recommendations and Findings: Please refer to the Technical Review Report / letter from the February 22nd, 2012 Technical Review Committee Meeting. Please note that as of Friday, March 16th, these items remain incomplete, unsatisfied, or questionable:
• The number of lots proposed in the application is not consistent with the number of lots
identified in the traffic analyses.
• The Applicants have referenced in their statements and enclosures that “commercial
uses shall be restricted with this project to ensure that the traffic study, as currently
prepared, remains viable.” Beyond this acknowledgement, there are no specific
restrictions regarding the commercial and industrial uses associated with a
Manufacturing Two (M-2) Zoning District designation for this development.
10) Please refer to the Applicant’s Zone Map Amendment statement(s) and enclosures.
The applicant stipulated several heavier uses in M-2 that they are eliminating. Part of this plan is in the flood plain. They also plan to have the roadways designed for heavier truck loads and traffic. The number of lots on the concept plan vs. the traffic study will be revised when they have an actual concept plan.
For the applicant- Mark Rosenberger Bayer Becker and Economic Development Commission and the Pres of Chamber of Commerce this year. He also brought Kevin Lynch from Redevelopment Commission. He reiterated that they are proposing an M-2 Use BUT they are also eliminating many hard uses as outlined in Article 13 section22 Numbers 2,3,4,5,7,16, 17, and 18. Rosenberger also showed the surrounding property uses. They agree with Listerman’s letter regarding the design of the road. He also wanted to enlighten the board about what EDI was doing and that they are in talks with 5 OHIO companies. They want to create more job base and employment for the county. The first one can create 135 jobs.
Mike Hall asked about the water and sewer extension. Rosenberger said sewer will be gravity flow and the water will go to the end of their road. Utilities are to the site. If the rezone goes through tonight, Rosenberger wants to get this up and running by this summer. These companies could generate about 26 million on this alone per Rosenberger. The locals and state have pledge money to this. They are hoping for DNR construction permits soon.
They don’t need too much fill for Lot 1 (4 acres). They are going to use fill from the site to build the building pads for the remainder of the lots.


Jerry Jonas- own the business to the west of the site. All for development- but wants to know what is coming next door. He is concerned about the height of the pad they are building. He doesn’t want to be at a lower level that the proposed site. Minimum lot size for an M-2 is 2 acres. So this could have 11 sites potentially. They are looking at larger lots for now. Who funds the EDI? It is funded by private investors and there is some public money on this. Can I call and get the names of the investors? Yes per Rosenberger. Jonas said the river laps onto the RR tracks there. He is concerned that if a lot of fill is excavated, what prevents the river from opening up a huge chasm there. Mike Hall said that will fall to the DNR permitting process. Rosenberger said they are digging to about 8 ft and Jonas said he hit water at 14 feet when he dug his well. Jonas said the Whitewater is designated a scenic river. That would open up more restrictions form DNR said Hall. Funding is from TIF, grants from Lawrenceburg, and other funds per Kevin Lynch. Jonas asked, where do I get in line for any of these funds? Lynch said if you are planning an expansion- we’d be glad to talk to you. Jonas was concerned about the number of lots. Hall said so far we see two- but after the rezone they can come back for more details. Dailey said they had 2 in the concept plan now and 4 for the transportation study ultimately. Jonas wanted them to state how many lots max they would have. Lynch said that they are not land speculating – they are starting this as an incentive to get more business in there. The property doesn’t lend itself to 10 lots said Rosenberger. He see 4-5 or so. They do not want to paint themselves into a corner. The road they build will limit the lots and the road will become a county road when completed. In summary he was concerned about lot size, height of the fill, and the area in the flood plain. There is a borrow pit directly behind Jonas’s property. It was approved by DNR. Jonas wants to have the look to be commensurate with the quality he has so far.

Public discussion ended.

PC members discussed the proposal. They were surprised to see all the exceptions- they commended them for doing this for the neighbors. They are glad to see more industrial uses there. Nelson motioned and Beyersdorfer seconded to pass a favorable recommendation for a rezone 23.587 acres with the remainder to be open space Ag to M-2 with the restrictions that the applicant agreed to eliminate and the street standards as Listerman proposed to the County Commissioners. They said they thought it fulfilled the 5 criteria for a zone change. All ayes. Passed.

Johnny Wright to address the Board.- He did not come in for the meeting. He never submitted information as to what he planned to discuss.

Bond report will be later after McCormack returns from vacation.

Meeting adjourned at 7:47 PM

Christine Brauer Mueller
Lawrenceburg Township

1 comment:

Anonymous said...

welcome to dearborn county