17 December 2012 Dearborn County Plan Commission Meeting Notes

17 December 2012 Dearborn County Plan Commission Meeting Notes

Present: Mike Hall, Chairman, Dennis Kraus Jr., Russell Beiersdorfer, Mark Lehman, Mike Hornbach, ,Jake Hoog, Dan Lansing, and Ken Nelson

Also Present: Mark McCormack, Plan Director, and Arnie McGill, Attorney.

Absent:  Jeff Hughes

New Business:

Request for 2 year time extension to the White Pines Subdivision Primary Plat.

Applicant: JDJ Surveying/ White Farm Ddvelopment ( Tucker and Schmidt)

Location:  Logan Township- on North Dearborn Road – 55.824 acres. Zoned residential.

 1 year extension 2008 – 2009 and had others until 2013 and they are requesting another 2 year extension. There are no improvements in place and no construction plan in place yet.

Mark McCormack answered question from the plan commission. Jeff Stenger presented for the applicant. With the state of the economy, they did not get their water and sewer set up yet, they will be subject to the CURRENT zoning laws when they do submit their improvement plan.

Public  input:

Glenn Crocker- 42 year Short Road resident. They are still concerned with the frontage. They are concerned with 0.8 mile having the backs of the houses being the view. They want to be sure they have something in place to0 protect the view. This is 5 years into the process and they are requesting another 2 year extension.  He wanted to know if other developers were requesting these extensions. He hoped they would do a great job on this.

Tom Gaynor- has the farm land adjacent to this. Still concerned about the additional traffic this would put on their road. He thinks one entrance on North Dearborn would be better, He says Gaynor R9idge can’t handle the traffic- and is a hazard with farm equipment. He is also concerned about his grandkids there.

Steve Koon- lives and farms on Gaynor Ridge Rd. He wanted to reiterate what Tom Gaynor said.

End Public discussion.

Stenger explained again that they did not want to start anything to have a prolonged construction phase that would be hard on the adjoiners.

Nelson motioned to grant the two year extension conditioned upon the subdivision meet the zoning laws and fees in place at the time they get primary plat approval. Seconded by ??. Approved. 

Request: Major revision to allow new driveway access in Data Park

Applicant: JDJ Surveying with owner Keith Mooneyhan

Location: Kelso Township on Memory Lane on 13.78 acres

 McGill said they cannot hear this because Lot 19 was to be used as access for this as one of the conditions of approval for this original plat. People bought lots based on these conditions.

McCormack said that when they discussed it previously they wondered about the deed restrictions and covenants. They thought that maybe they would need the developer to petition to remove the covenant or perhaps all the owners. If the restriction were removed, then they also aren’t sure they would need another plan commission decision. Perhaps it could be administrative.

Stenger said that he had trouble with this item. This property is no longer part of Data Park Subdivision.

Hall said that we don’t enforce covenants and restrictions- BUT we don’t violate them either.

Stenger said that this is more of an issue of direct access to a county road.

His two options are to get all adjoiners to sign off on removing that or get a court ruling to say that his property is not subject to that. That would  make them subject to the normal driveway permits.

McCormack said they would refund the money on this application considering the circumstances.

Nelson motioned that this request could not be heard. Beiersdorfer 2nded. Passed.

ADMINISTRATIVE:

Zone map amendment legal description for Pam Rigacci, C&R Towing and Linkmeyer Development, Rookwood estates. They had put in a description in rezoning that was inaccurate. They have corrected the description and PC passed this.

They hired Troy Frazier new planner- went to Ball State and UC for masters. Had a lot of good applicants.

McCormack has been sitting in on Greendale’s master plan update.

St Leon area half mile track in playground area up there was put in with a grant they helped with.

Plan Commission calendar for 2013 was approved. It follows the same general times as 2012.

Meeting adjourned at 7:50 PM

Christine Brauer Mueller

Lawrenceburg Township