Monday, December 22, 2014
22 December 2014 Dearborn County Plan Commission Meeting Notes
22 December 2014 Dearborn County Plan Commission Meeting Notes
Present: Mike Hall, Chairman, Dennis Kraus Jr., Russell Beiersdorfer, Mark Lehman, Mike Hornbach, Art Little, Jake Hoog, and Jim Thatcher
ABSENT: Dan Lansing
Also Present: Mark McCormack, Plan Director, Vinnie Fazzino, Assistant Planner, and Andy Baudendistel, Attorney.
ACTION ON MINUTES- none
1. Request: 2-year time extension to the White Pines Subdivision Primary Plat
Applicant: JDJ Surveying / Owner: White Farm Development
Site Location: North Dearborn Road
Legal: Section 20, T7, R1, Map# 01-20, Parcel#013
Township: Logan Size: 55.824 Acres
Zoning: Residential (R
RE: White Pines Time Extension
Attention Plan Commission Members:
At the December 22nd, 2014 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 and (again) in December of 2012.
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,
Director of Planning & Zoning DEARBORN COUNTY PLAN COMMISSION
McCormack presented the background on the original plat approval. There has been no improvement plan for the subdivision. 56 lots on 56 acres was what was approved. Many of the PC members were not here when the original plat was approved. He advised them to look at the original conditions in the area 7 years ago, has the ordinance changed in that time period, and are the original owners the same or different now. 24 letters were sent out based on the ones sent last time. The current extension for 2 years expires in Feb 2015. Landscaping and sidewalks have changed in the ordinance.
Jeff Stenger presented for the applicant- and said the new landscaping would be less in the new ordinance. They are not asking for change in those. They are here for a time extension because the economy is still poor. Richard Schmidt was here to answer questions- the ownership group is still the same. Whitewater Development, LLC. It was not stated who was in Whitewater Development, LLC. (Tucker and Schmidt and Tucker is still cleaning up things in his other subdivisions for the PC)
PUBLIC: Glen Crocker- resident west of the project. This is the 4th request fro a time extension- how long do you keep granting extensions? Landscaping and buffers were part of the original and that is still a concern.
Mr Gaynor- still concerned with the traffic issues on Gaynor Ridge 76 lots on 56 acres. One lot is for the pumping system. He is concerned with the large number of homes and the school system which is having economic issues.
McCormack read the conditions from the original approval. Restrictions on buffers and landscaping etc. Also covered the covenants for Ag uses around it and upkeep of the sanitary sewers and color schemes.
Stenger talked about there being an issue of the lift station that was to be shared with Harley Springs. That ended up tabling this in the past.
Beiersdorfer and Little moved and seconded to approve the two year time extension. All ayes. Passed.
2. Request: Waiver for Driveway Spacing on an Arterial
Applicant: JDJ Surveying / Owner: Steven Stenger, et al
Site Location: Address Range ~9501-9701 State Road 46
Legal: Section 9, T7, R2, Map# 02-09, Parcel#016
Township: Kelso Size: 35.7 Acres
Zoning: Agricultural (A)
The Applicant is requesting a new, shared access point to State Road 46—a Category II Arterial
Road—in consideration of Article 24 of the Dearborn County Zoning Ordinance.
11)) Please refer to Article 24, Section 2416 of the Dearborn County Zoning Ordinance.
SECTION 2416 – Number and Location of Access Points
22)) Please refer to Article 24, Section 2408 of the Dearborn County Zoning Ordinance.
SECTION 2408 - Minimum Corner Clearances of Driveways
“In order to minimize the potential for accidents and delay to through vehicles, all adjacent
driveways onto public roadways must be separated by the minimum distance shown in Table
24.4. These minimum spacing requirements may be adjusted by up to 20% to better
accommodate minimum sight distance requirements if determined by the Technical Review
Committee that such adjustment is necessary to preserve the intent of these regulations. Waiver requests exceeding 20% must be reviewed by the Dearborn County Plan Commission and must conform, to the extent feasible, to the standards sets forth in Article 24 of the Zoning Ordinance and Article 3 of the Subdivision Control Ordinance.”33)) Please refer to Article 24, Section 2410 of the Dearborn County Zoning Ordinance.
SECTION 2410 - Minimum Sight Distances
“All driveways and intersecting roadways for Residential use shall be designed and located so
that the minimum sight distances as shown in Table 24.5 are provided. The sight distance for
speeds not located on the chart should be computed by dividing the speed limit by five (5) and multiplying that number by 35 feet [(speed limit / 5) 35]...”
44)) This property—situated within Kelso Township, Township 7, Range 2, Section 9—located off
of the northern portion of State Road 46, is situated within an Agricultural Zoning District.
55)) The Existing Land Use of the property is considered Agricultural—not Low Density
Residential as it was classified in the 2009 Comprehensive Plan Update.
66)) State Road is currently considered a Category II Arterial Road, with a paved width of
approximately 24-25 feet, as determined by the Dearborn County staff observation(s).
McCormack presented this- and said that if the driveway is not approved, then the minor subdivision won’t happen. This is a waiver essentially. 35.7 acres of Ag land and there is some residential land use there. They are trying to keep less driveway cuts onto the main roads in the county. McCormack went over the requirements of the ordinance an why this was being requested. Mailers (11) were sent out for this. The Becks were here from the public. Two people talked to him about it. INDOT did approve the driveway location. There is no site distance problem really.
Jeff Stenger presented for the applicant- who is his first cousin. Site distance is over 700 ft and a 1/4 mile in the other direction. They couldn’t line it up as it would end up in the middle of the guard rail. INDOT won’t allow that. They approved it as a minor residential. They can use it for 3 and they have to put covenant and restriction on the plat. They are putting in a class 2 private driveway- compacted gravel. They do not have to get a bond for it. It’s a state road and Mark Bruner worked with then from INDOT.
Bob Beck- the driveway is about 30 ft from his house. Stenger said it will be 19 ft off Beck’s property line. His sewer lateral line is on the Stenger property- they are granting an easement for this when they finish out the survey per Stenger. Hall said he’s known Jeff a long time and that if Jeff says it will get done- it will get done.
Beiersdorfer moved and Hornbach seconded to grant the waiver. Approved with all ayes.
1. Proposed changes to the Plan Commission Fee Schedule- only changed is with maps and prints on the 18x24 and one other size. They are cutting the prices in half. They want to make the amount match the formula they and others are charging in the building. Approved by the board.
2. Proposed 2015 Public Meeting Schedule- Approved as the 4th Monday at 7 PM unless there is a holiday workaround. Baudendistel said he is out of town for January meeting- if they do have one-then Arnie McGill will come in to cover.
3. Performance Guarantee Report / Update-Hidden Acres and Morgan’s Ridge are on it. Old Orchard Hill shows the $10,000 in escrow for 2 year period still because they have not been able to get a maintenance bond. The commissioners accepted the road- but they have to have maintenance until the rest is built out. Seldom Seen has been completed and Tucker is to give them $10,000 to do patch work etc. It is not clear if he has paid that $10,000 to county yet or that he even will. They are keeping this on the list to keep track of all this. April is the next one to come up for Maxwell on Harvest Ridge.
4. Introduction and discussion regarding proposed changes to the Dearborn County Zoning & Subdivision Control Ordinance (no official action required) Dearborn County Plan Commission- maybe working on T-Turnarounds as temporary setup for adjoining subdivisions. Panhandles will also be worked on and originally driveways ad to be in the panhandles. Now they use easements outside the panhandles in many cases. So they are thinking of nothing tech review handle panhandles anymore. This would reduce the $40 fee for that review maybe. Legal descriptions on retracements were atrocious sometimes. They were thinking of getting better descriptions. Stenger weighed in on this and the auditor’s office had some issues with this. Mike Hall said that as long as this is not a transfer to another person, it doesn’t change anything. So say not to accept liability by writing a new description. If you are setting iron you should be writing a new description and record it. You ca use the old description for a retracement survey. The PC board wants to think on this until next meeting.
5. Plot Plan requirements - setback requirements might be changed on the application drawings in certain situations in larger lots. They may draft something that makes more sense. Elevations will also be looked at and also drainage lines.
Meeting adjourned at 8:30 PM
Christine Brauer Mueller