Friday, December 14, 2012

Plan Commission to Hear Replat On Data Park and Another 2 Year Extension for White Pines Subdivision

December 17, 2012 Planning Commission Meeting
Items for agenda and reports




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


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


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

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



/ 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

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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