Monday, August 25, 2014

25 August 2014 Dearborn County Plan Commission Meeting Notes

25 August 2014 Dearborn County Plan Commission Meeting Notes

Present: Mike Hall, Chairman, Dennis Kraus Jr., Russell Beiersdorfer, Mark Lehman, Mike Hornbach, Art Little, Jake Hoog, Dan Lansing, Jim Thatcher
Also Present: Mark McCormack, Plan Director, Vinnie Fazzino, Assistant Planner, and Andy Baudendistel, Attorney.
 Minutes for July 28th meeting were approved.

Zone map Amendment from Residential to B-1 Restricted Business For Daniel Badinghaus on Bond road and Stateline Road on 4.2 acres in Miller Township. See previous notes on this from the July Plan Commission also. Mike Hall stepped down and left the room as he was the surveyor on this project. Dennis Kraus, Jr.  acted as chairman for this item. Mark McCormack gave a brief overview of the proposed zone change for those who were not here last month for the initial presentation. Fire and EMS letters provided. Sewer district working on an agreement with LMH. The owner does not wish to limit his potential uses in the B-1 zone change. There is a need for traffic analysis if this is given a favorable recommendation.
Terry Hall presented on behalf of the applicant/owner. She addressed noise as being handled by the finish work he does and that he does the work indoors. Light trespass is addressed in the regulations. They addressed the parking and buffering. The owners signed off on non residential use of the church which was previously on these lots. The land was disturbed by the church setup and so septic is not workable. She noted similar uses granted in the Jeb Road area.
Dan Badinghaus – applicant- they want to improve the current building to look better than it does now. Theyy will be about 4 workers to start there with a cabinet finishing business. He asked for  a favorable vote.
Shirley Gardner- had several questions about what is going on. She does not think the size of the lot restricts what he can do there. Black top was the reason the septic cannot happen now. she said he has been advertising for several months as retail space is available. She wants to know about that and what response he received. She wants to see a traffic study done on this. Kraus, Jr. told her that traffic studies are required in the code under certain conditions. This hasn’t met those yet. She asked what the notification process was and whether or not their input would be listened to. She said if most everybody in the neighborhood has been there and objected to this. She is the biggest property owner there and she definitely objects to this. McCormack explained that the objections have to be legally justified.  It is just not enough to say you don’t like something there. She said she thought she had done that with the traffic issues, the noise issues, septic issues etc. They have a packet of materials that were submitted as to why he did not want to limit his uses. She said how would we know that these were submitted to even review them? Kraus, Jr. then read off what was in the packet for the audience. Kraus also agreed that he could tear down the building and do anything else in B-1 if given the zone change. She said- so we are all just left in the dark and whatever happens, happens. She worried about property values going down with a business going in next to homes. She said there are restrictions with the subdivision and they were given to everyone they sold property to. The Recorder’s Office did not have the restrictions in their paperwork per Kraus, Jr. She thinks they are recorded with the deeds in the courthouse. If something was signed with the church it may have voided all those Kraus, Jr. said. She said she thinks her concerns are legitimate. There was some question about him putting another storage building up. Kraus said he could do that now- without the rezone. They did discuss a storage area outside for his trailers.
Mrs Kelly- agrees with Gardner about the traffic issues getting out of the side streets along Stateline there. She thinks the metal building will not shield the noises from the equipment. She is worried about the commercial real estate ads for this as it is a far cry from the church use.
Gloria Holton ??- lives on Bond Rd- also traffic issues and the metal building will not shield the noise. We all bought houses there as it is all residential. It is beautiful out there. Now we have someone putting a business there.
Sandy Whiteloff ??- concerned about noise and traffic and a specific issue last month when a Dollar General semi went over her daughter’s car. Owner is Jeff Reed- and what is his relationship to Dan Badinghaus? Was Reed the one who allowed Hoosier Wallbed Company doing what they did before the July meeting. They are strongly opposed to this and it sets a precedent for others to open business there. She wants to know if there is a tax benefit from this? She wants to retain their property values.
Brigid Essert- Can we being here make a difference in what is decided? Or is it all legal stuff? If it gets zoned to B-1 can you put restrictions and written commitments on it? No one will want to buy my house if they have this. And s business wouldn’t want it as I only have an acre. Kraus told her that the Commissioners make the final decision on this. If he brings the sewer does everyone in the pathway have to hook up? DCRSD normally only does that if the septic is failed.
Tom ??- Is there a legal noise ordinance? McCormack said that there has never been enough noise created to trip this. If this passes and there is a bunch of noise there- who do we come back to? To plane  wood will make noise. The county police enforce some noise issues. The Plan Dept will check some of these outs.
Mike and Stella Basham- they did not buy their home for noise and business to be there. They also have seen a wreck there about every weekend.  
Jim Smith- Do you have any idea how this will affect traffic? Kraus said that Badinghaus has explained his traffic patterns and they show limited affect. Raising the speed limit form 35-45mph was a big mistake. There are numerous accidents. He has digital photos of one that came thru his front yard- over a tree and by his porch. It is dangerous and semis pulling in and out won’t help this. He was given Listerman’s card to contact him also. Consider that if it was your parents or your kid’s property, how will this affect them? If there were anyway to know how this would affect property values. That would be nice.
Cindy Bachelor- she is right behind it and she will hear everything- she is OK with him- but not a garage or etc. If he is unwilling to strike anything then I don’t agree with it.
Nick ?- wants to know when they will make a recommendation. Kraus said it will most likely be tonight. Or they could table it again.
Terry Hall said that should this be approved- future owners would be limited by the layout and size of lots that Badinghaus is. Badinghaus said that no one would be forced to hook-up unless failed.
Badinghaus said that Jeff Reed, the owner, is a partner of his. The building is insulated with 5/8 drywall and R-18 insulation and metal outside. Hoog asked if he would consider increasing insulation if he expanded and had more noisy equipment. He said he would consider that of course.
Board discussion:
Mark Lehman went thru all 39 uses. But some of the ones that would impact would also have traffic study issues also. He sees that it meets all the conditions- esp on a main arterial. But what about the future?
Beiresdorfer- We should put a big condition- so that if he sells they will need a traffic study. He doesn’t see property values going down- his taxes always go up.
Mark Lehman- would love to strike about half the uses.  
McCormack said a 1000 trips per day trip a traffic study. They should bring up speed issues at commissioners if this goes to them. The commissioners will probably be at an evening meeting in Sept or Oct.
Lehman and Hornbach went over the uses and said which ones they would like to limit or strike from the potential uses. Hornbach thought the proposed use would be a good use for the existing building and spruce it up as well.
Baudendistel said that commissioners could add restrictions but they could not eliminate any that the PC sent over without the applicant having to essentially start over.
Lehman – motioned to give a favorable recommendation to rezone to B-1 with a written commitment striking the use of #1,2,4,32,31,34,36, and 29. And also add a traffic study if the trip generation exceeds 1000 trips per day. Hornbach 2nd. All ayes except for Beiersdorfer who said Nay.
8:50 PM

Vacate a portion of streets and alleys in the platted town of Wilmington for Dana and Phyllis Weisickle. The site location is Water Street and to unnamed alleys adjacent to Probst Road in Hogan Township on 0.276 acres of Agricultural zoned land.  Dennis Kraus, Jr stepped down and left the room as he was the surveyor. Mike Hall resumed spot as Chairman.
County Engineer Todd Listerman had no objections. McCormack went over they pictures and law that they must adhere to in considering the vacation request.
Dennis Kraus, Sr. presented for the applicant. He said Mark was so thorough that he didn’t have much to add to the presentation. He said that these alleys are not being used any longer. They create no land locked pieces by removing these. No one accesses property with these anyway. The cemetery would get half the ROW anyway per Hall if they were encroached upon. This wa sin response to Art Little’s question about the cemetery.
Priscilla Probst- both she and husband grew up and lived there all their life. Their son maintains the cemetery. They don’t want Water Street vacated. The other one that goes to their pasture in back has been there 150 years. It hasn’t bothered anything before. They are against that. The one around the cemetery allows for  a potential circular driveway in the future.
Mary Calhoun- a member of the Wilmington Cemetery- the lots are pretty much sold out and the power lines limit more lots. It would give cemetery additional footage if vacated. They wouldn’t be able to afford paving Water Street circular driveway someday. The cemetery is well maintained.
Eleanor Heim- she owns land by part of this and would have to quit claim to keep the whole building that was built over the ROW. Kraus Sr showed her the plat so that she could see better what was proposed. She wants to keep all her trees by her fence. They agreed to let her keep her trees and fence and the Weisickles get their shed. Kraus Sr. said he can make that happen in the survey.
Kraus Sr. said that 20 ft is enough for the cemetery driveway. Hall re-explained to Priscilla Probst that it would be an advantage to the cemetery to have the half of the ROW.
Phyllis Weisickle said that they are not trying to take anyone’s trees or the cemetery land, they have maintained and mowed this all along- they take pride in their property.
Beiersdorfer motioned to send a favorable recommendation to vacate the two alleys and street according to section 280 and 282.  Lehman seconded.  All ayes.
9:30 PM

 Proposed changes to the Dearborn County Zoning Ordinance related to animal control and the keeping of animals. This has been done to clarify the text for legal purposes. These text changes define what animals they are referring to being allowed in residential zones. Potbelly pigs are larger than 150 lbs at maturity so they wouldn’t be allowed on less than 2 acres in residential zone. They can request a variance for things not mentioned here. Exotic animals are also governed by the animal control ordinance.  They are defined as being native to a foreign country and then lists some animals. Baudendistel wants them to reference the animal control ordinance. Examples are lions tigers, antelopes, yaks etc. Animal control is under the sheriff’s dept. They are going to insert the proper cross references. They have a favorable recommendation as amended.
Old Orchard – was revisited and all completed except for signs being put in. We are holding $10,000 for possible maintenance issues for the next two years. That means it will go off the list in the next couple months.  Mike Hall signed the development agreement for Old Orchard.
Comp Plan meeting can be in September as there is no regular meeting. He’s thinking of doing it on Sept 29 so other cities and town reps can show up.
Website will be rolled out in September hopefully and the PZ one will change.
Budget is pretty much the same as usual that is being presented to Council this week.
Adjourned at 9:50 PM

Christine Brauer Mueller
Lawrenceburg Township


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