Monday, May 22, 2017

22 May 2017 Dearborn County Plan Commission Meeting Notes

22 May 2017 Dearborn County Plan Commission Meeting Notes
Present: Dennis Kraus, Jr., Chairman, Russell Beiersdorfer, Mark Lehman, Jake Hoog, Dan Lansing, Jim Thatcher, and Eric Lang
ABSENT: Art Little and the County Extension Member (not appointed yet)
Also Present: Mark McCormack, Plan Director, and Andy Baudendistel, Attorney.
Baudendistel read the Title VI statement s required by law.
ACTION ON MINUTES- April 24 minutes approved with corrections.
OLD BUSINESS: TO REMAIN TABLED  Request: Requesting 2 Waivers; (1) Create an access point which does not meet the minimum driveway spacing requirements. (2) Create a direct access point onto Jamison Road. Applicant / Owner: Judy Traynor Site Location: 24140 Mayfield Lane / Jamison Road Legal: Sec. 35, T 7N, R 1W, Parcel# 15-01-35-300-026.001-006 Township: Harrison Zoning: Agricultural (A) Size: 6.449 Acres 
  1. Request: Primary approval to re-plat Lot 156 of the Villages of Sugar Ridge, a proposal which involves the creation of 22 residential units as well as waiver requests for: 1) a waiver to not construct sidewalks within the proposed development area; 2) a waiver to not install curbs and gutters for the proposed residential street, as required by Article 3 of the Dearborn County Subdivision Control Ordinance. Applicant / Owner: GMT Enterprises, LLC Site Location: Augusta Drive, approx. 1000 feet from the northern Augusta Drive / Stateline Road intersection (on the eastern portion of Augusta) Legal: Sec. 13, T 6N, R 1W, Parcel# 15-06-13-400-037.000-020 Township: Miller Zoning: Planned Unit Development (PUD); Residential Size: 7.013 Acres
Discussion was held about whether to hear this item on Sugar Ridge because there was evidence that proper notification was not given. There were no green cards in the file showing that the letters were sent to adjoining property owners, when McCormack checked after he returned from vacation. Three residents came to the meeting who had not been notified , but heard about it by word of mouth. 
Beiersdorfer motioned and Lansing 2nd to table. TABLED until June 12, 2017 meeting at 7 PM which will be called for this request only. 

Staff notes are below on this item which will be considered June 12th:

The Applicant is requesting to re-plat Lot 156 of the Villages of Sugar Ridge Subdivision— specifically, the Applicant is seeking to: 1) create 22 single-family homes in accordance with the “Parcel C” standards outlined in the approved Concept Development Plan for the P.U.D.; and 2) obtain 2 waivers pertaining to sidewalks, curbs, and gutters not being installed within the development area. 

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: The affected property (Lot 156), which contains 7.013 acres, is located on the eastern portion of Augusta Dr., approximately 1,000 feet from the northern intersection of Augusta Dr. and Stateline Rd., in Section 13, R 6N, 1W of Miller Township. 

 Historical Timeline, Villages of Sugar Ridge
This property is located within the 315-acre confines of the Villages of Sugar Ridge, a semi-mixed use development that was rezoned as a Planned Unit Development (PUD) Residential District (as recommended favorably, by a 7-0 vote by the Plan Commission) from June to August of 2003. 
The (original) Applicants for the Villages of Sugar Ridge were approved for a maximum build-out of 315 residential units, in accordance with a Concept Development Plan that specifically identified detached, single family areas, duplexes, multi-family residential condominium and townhouse areas, commercial areas, and open space / recreational areas. The above-referenced, approved plans also articulated building setbacks and densities for the above-referenced areas, among other items. 
The (original) Applicants for the Villages of Sugar Ridge received Primary Plat Approval to develop one-hundred-and-forty-eight (148) lots in September of 2003. 
The Planning & Zoning staff administered minor changes to the approved Concept Development Plan and Primary Plat in April of 2004 and December of 2005. Although the above-referenced, approved changes did not increase the overall density or change building setbacks, it is important to note that land use areas were shifted or reshaped within the overall development. 

As stipulated in the approved and effective Concept Development Plan, the building setback and density requirements for the portion of the Villages of Sugar Ridge that involves Lot 156 (known as Augusta Point on the current plans) are as follows: 
Front Yard setbacks = 25 feet from the right-of-way / property line 
Side Yard setbacks = 20 feet total between buildings; 0 feet minimum from line 
Rear Yard setbacks = 25 feet from the property line 
The maximum approved density = *4.28 units / acre (*per a previously-approved plan in July of 2007) Re-plat / Waiver Requests: 

 As a result of the numerous, cumulatively significant modifications to the approved Villages of Sugar Ridge Concept Development Plan(s) and Primary Plat from 2003-2005, the Plan Commission advised the staff in October of 2006 to forward any and all applications involving further (significant) changes to this subdivision to the Board for its consideration. In accordance with this mandate and as a result of the waiver requests necessary to process this application, the ‘Augusta Point’ project for Lot 156 is being forwarded for the Plan Commission’s review at its May, 2017 public hearing. 6) For the Pointe at Sugar Ridge, the Applicant is requesting the following items in reference to the approved (and revised) Concept Development Plan(s): 
Front Yard setbacks = 30 feet from the right-of-way / property line* *A five-foot (5’) increased setback to match the nearby homes along Augusta Drive 
Side Yard setbacks = 10 feet total / 5 feet minimum* *No minimum distance between buildings but setbacks are comparable to current, approved side yard setbacks 
Rear Yard setbacks = 25 feet from the property line* *Same setback as current, defined setback 
Density = 3.14 units / acre (which is 1.14 units / acre less than the previous plan approved in July of 2007) 

The Applicant is seeking two waivers in association with this development proposal. The first waiver is with respect to the installation of sidewalk improvements. According to Article 3, Section 305 R. Sidewalks: “All Subdivisions or developments shall have sidewalks constructed according to the following standards: a. Sidewalks shall be required along both sides of all local streets in new residential Subdivisions that have an average density of two (2) dwelling units per acre or greater… e. A subdivider can propose paths or trails as substitutes for conventional sidewalks if the alternative system provides the same or better level of pedestrian access, upon approval by the Commission… h. 

The Commission, upon request of the subdivider can grant waivers of the sidewalk requirements, if extreme grading or construction techniques would be necessary to accommodate the sidewalks. In addition, the Commission can grant a waiver upon request, if the Average Daily Traffic (ADT) for the Subdivision is less than 250 trips per day…” In this case, the Applicant is seeking a full waiver to not install sidewalks within the proposed development of Lot 156. 

Staff Comments: In the original Concept Plan—and subsequent Improvement Plan—for the Villages of Sugar Ridge, there was a multi-use 8-foot wide bike and pedestrian trail planned for the entire length of Augusta Drive. This trail improvement is currently not in place, but longterm trail (concept) plans for the County have identified Augusta Drive as an area of opportunity, with respect to the creation of a trail in this part of the County—eventually serving as a connector between Bright and Hidden Valley Lake, Greendale, and the State of Ohio (and future Hamilton County trails). If a trail on Augusta Drive is created in the future, a sidewalk or trail connection from the development area of Lot 156 could benefit all of the residents on Muirfield Point (which could conceivably be extended in the future and also affect sidewalk / trail connectivity to Lots 157 and 181). 

The Applicant’s second waiver request involves the installation of curbs and gutters. Specifically, the Applicant does not want to place curb and gutter improvements within the street, as set forth in Article 3, Section 305 W. Curb and Gutter Requirements: “All residential streets that have an average lot frontage of one hundred (100) feet or less shall be required to install curb and gutter according to Appendix C….Residential collector streets shall not be required to provide curb and gutter unless determined to be necessary by the County Engineer because of drainage, maintenance or safety concerns.” In this case, the Applicant is seeking a full waiver to not install curbs and gutters within the proposed development of Lot 156. Staff Comments: There are no other curb and gutter improvements for the public or private streets within the Villages of Sugar Ridge Subdivision. In this case, the Applicant’s request is consistent with the development patterns of the rest of the subdivision, to date. 

An additional note: If this re-plat / primary plat of Lot 156 is approved, the Applicant must still receive a variance from the Dearborn County Board of Zoning Appeals (in an additional, separate public hearing process) for the front yard setback on Lots 22 and 23 to be reduced to 10 feet—as they are both considered corner lots as they are presently conceived. Lot 23 is a corner lot in association with this request, with the creation of Muirfield Point and with Augusta Drive adjoining the western portion of the proposed tract. Lot 22 is anticipated to be a corner lot as well, with the establishment of Muirfield Point and a future private access—which is presumably a future private street for all intents and purposes (until or unless this 50-foot ingress and egress easement is eliminated or relocated). 

 Please refer to Article 1, Section 160 of the Dearborn County Subdivision Control Ordinance. SECTION 160 - Appeals and Waivers “…Upon written request to the Plan Commission, an applicant can seek a waiver of any of the Subdivision regulations in this Ordinance. The individual request shall be reviewed and granted only under unusual or extreme circumstances or if an equal or better alternative can be provided that is not in agreement with this Ordinance… The Plan Commission shall review and take action on all waiver requests that involve the Subdivision Control Ordinance…As a condition of granting a waiver under this Section, the Plan Commission may allow or require a commitment to be made (as outlined in IC 36-7-4- 1015).” 

Please refer to the Technical Review Committee Report from April 3, 2017. With respect to the items in this report, the items below remain in question or of note: 
Lot #1, as it is currently labeled, is a non-buildable lot—so it must be transferred or retained by an adjoining property owner. At this time, it is unclear who the intended owner of this lot will be. 
The lots of the proposed development area must be renumbered in accordance with the sequence / assignment approved by the Dearborn County Auditor’s Office—and this area must be referenced as being within / part of the Villages of Sugar Ridge Subdivision. (Augusta Point may need to be removed from subsequent plans and plats, based on the County’s standards for naming development areas within Subdivisions.) 
The primary utility layout does not include electric and gas utilities—but the service lines are anticipated to be within easements or right-of-way (and will be required to be shown on any subsequent Improvement Plan submittal for this property). 
The width of the “existing golf cart easement” that is intended to remain on the property is approximately 20 feet wide--but this easement does not appear to be defined or recorded on a plat or deed at this time. The golf cart easement may be relocated more towards the rear / north of the northern proposed lots, if possible with the golf course ownership. 
At this point, the existing joint access easement for Lots 156, 157, and 181 is slated to remain in its current, platted location—which was established between 2005 and 2006 and was evaluated during the Plan Commission’s review of a project called “The Pointe at Sugar Ridge” in 2007. 

 Please refer to the Applicant’s statement(s) and enclosures. 
 The County Engineer’s report on this request is forthcoming and will be included as a separate enclosure, when it is received by the Planning & Zoning. 


Bonds are good until September. Notices will be sent out by July for those.
Proposed ordinance changes to Article 20, regarding signage requirements, of the Zoning Ordinance:
Discussion items brought up: Board questioned the temporary sign time limits and Agricultural U-pick signs. Also restrictions on semi trailers with signs painted on them and parked. Sign restrictions on residential properties could be a gray area as to legality with Supreme Court decisions on those. Weather takes care of many temporary signs. They don’t last. Electronic message boards are mostly located in Bright, St. Leon, and one in Manchester and located on arterial roads in those areas. Signs prohibited include ones that distract by moving in many directions. See section 2020. Sight distance issues being created by signs is being referenced also. There could be massive enforcement issues if they don’t do things right. Temporary signs for real estate were discussed as to permitting over 90 days. The driver for these changes seems to be the supreme court decisions on signs. Commercial signs can be regulated more than free speech. Took park benches out of the ordinance so as to allow businesses etc to sponsor park benches. All removed bus stops as there are none in the county jurisdiction. 2055 leave as is and 2065 also. 
The board is to consider all the items in the proposed sign ordinance language for the next month or two and send comments to McCormack so that he can rewrite and get a vote on it in June or July.
Section in Article 13 in Manufacturing districts which has been a problem for BZA. 1304- #2 So they want to strike out some issues listed there. they will be taking a look at that later.  
Meeting adjourned at 8:30 PM 
Christine Brauer Mueller

Lawrenceburg Township

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