December 17, 2012 Planning Commission Meeting
Items for agenda and reports
STAFF REPORT
DATA PARK ACCESS
2 MEETING
NATURE OF REQUEST:
Major Re-plat Access Point
Staff Report:
1) The Applicant is requesting to establish a new access point (for a driveway to be located) on an
unnumbered tract within the Data Park Subdivision. This unnumbered tract / remainder acreage
was created from a recent plat vacation of the
southern portion of Process Drive—an
unimproved County road right-of-way.
2) The Data Park Subdivision was originally platted in 1974. The southern portion of Process
Drive was vacated in June of 2008. At the time of the plat vacation, a non-building lot was
created to allow a private drive to be created to serve the acreage south of Memory Lane.
3) The Data Park Subdivision was re-plated in October of 2008. The aforementioned non-building
lot (from Staff Report Item 2) was moved slightly to the east and was numbered as Lot 19
within the re-platted subdivision. Covenant & Restriction 14 of the approved plat states:
“Lot 19 is to be used for access to remaining land to the South of Data Park
Subdivision.”
4) The Applicant’s request is considered a major revision to the approved Primary Plat—as it
would result in: a) the creation of a new access point that was previously considered unsuitable
for the purposes of building and maintaining a County roadway (and subsequently vacated at
the Owner’s request); and b) would result in an additional access point above and beyond the
Whispering Pines Lane access that was approved to serve up to five (5) lots.
Please refer to Article 2, Section 288 of the Dearborn County Subdivision Control
Ordinance
regarding revisions to approved Primary Plats.
SECTION 288 - Revisions to Approved Primary Plats and/or Improvement Plans
In certain cases, a Developer or Applicant may find it necessary to make changes to the
arrangement, size, number, or location of individual lots, streets, or utilities. These changes
are recognized as a typical part of the development process. In general, the Improvement Plan,
and Secondary Plat should be the same in design and layout as the approved Primary Plat.
Any changes that are made to the approved Primary Plat shall be submitted to and reviewed by
the Planning Director or his designee to determine if these changes are major or minor in
scope.
Major changes will require a new public hearing as identified in Section 208.
Any changes made to the Improvement Plan shall be submitted to and reviewed by the staff to
determine if the changes are major or minor. Major changes will require the developer to
reapply under the Improvement Plan procedure identified in Section 228. Minor changes shall
be submitted as an as-built plan.
Major changes shall consist of any substantial increase in density, elimination of roadway
connections, major realignment of roadways, major reconfiguration of lots and similar type
changes.
Background
/ General Information:
5) This property, situated in Kelso Township, Township 7, Range 2 in Section 9—identified as
parcel number 033—is zoned Agricultural.
This tract is currently vacant.
Technical Review Committee Findings & Recommendations: July, 2008
6)
The Technical Review Committee discussed the Applicant’s request during its November 19th,
2012 meeting session.
At this time, the Committee’s issues / concerns centered on:
The viability of the Owners to construct a new driveway (strictly) within the confines of
the panhandle portion of their property
The ability of fire and emergency service providers to be able to respond to a situation
on this driveway if certain driveway standards could not be met or achieved
White Pines Time Extension
Attention Plan Commission Members:
At the December 17
th, 2012 public hearing, White Farm Development will be requesting a two
(2) year time extension to the White Pines Subdivision Primary Plat. As this plat was originally
approved in February of 2008—and a one-time time extension was granted (previously) in
accordance with
Article 2, Section 224 of the Dearborn County Subdivision Control Ordinance
—the Applicants must request additional time extensions directly from the Plan Commission.
Please note that the Applicants requested, and received approval for, a two (2) year time
extension of the Primary Plat in February of 2011.
If you have any questions, comments, or concerns with the above-referenced item, please contact
me at your earliest convenience.
Thank you for your time and attention.
Sincerely & Respectfully,
Mark McCormack
Director of Planning & Zoning
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