28 March 2022 Dearborn County Plan Commission Meeting Notes
Present: Dennis Kraus, Jr., Chairman, Russell Beiersdorfer, Mark Lehman, Jake Hoog, Joe Vogel, Dan Lansing, Jim Thatcher, Jeff Hermesch, and Eric Lang
Also Present: Mark McCormack, Plan Director, Nicole Daily, Zoning Administrator, and Andy Baudendistel, Attorney.
Baudendistel read the Title VI statement as legally required.
ACTION ON MINUTES- February 28, 2022 minutes approved.
Welcomed Jeff Hermesch the new County Extension agent to the board. He came from Decatur County where he’d been in the same position for 8 years there.
OLD BUSINESS:
NEW BUSINESS:
Request: A Zone Map Amendment from R to B-1 to allow a series of commercial uses Applicants: CLM Surveying & Engineering. Uhde Investment Properties LLC is the Owner . Site Location: The northwest corner of the Stateline Road and Sneakville Road intersection Legal: Sec. 34, T 7N, R 1W, Parcel # 15-01-34-104-008.000-006 Township: Harrison Zoning: Residential (R) Size: 3.128 Acres
McCormack presented the elements necessary for a zone map amendment request. There is commercial property to the north and southeast. There is a part of a nursery - 4 Seasons- there. The rest is residential. The future land use plan is in concert with the uses in the area. Oblique imagery shows residential mostly around it. Because it doesn’t have concept development plan will be reviewed based on the MAXIMUM ALLOWABLE use based o\]upon the B-1 requirements, including the conditional uses.
A traffic study can be required if its use exceeds 1000 trips per day. Without a traffic study they suggest a written commitment that it will be required. McCormack recommended they have that if it were to receive a favorable recommendation. 8-10,000 sq ft per acre is maximum density. We rarely get to this number.
He said they did not put a sign up as he didn’t have one in the car…..
No significant slope or flood issues on this property.
Roads - Stateline is a category 2 arterial. 4,600 -8,066 are traffic volumes in the area. Sneakville is a Category 2 Collector road.
Sanitary sewer will be via LMH.
Still need more letters from Fire and EMS and schools.
McCormack went over the 5 criteria that must be met for a zone change.
McCormack read John and Mary Reddington’s 2 emails that he requested be read at the meeting. He was opposed to the request. “Open ended zone change is like a blank check.” He also wanted to know if there were covenants on the Grubbs Estate subdivision near this. No other letters were read but were in the packet.
This property has had 3 different zoning classifications. 1965-1980m-R 1980 Commercial.1987 Residential. It is unclear how that final zone change happened.
There was discussion with the board regarding possible covenants and how to find them . Eric Lang has a conflict as he is doing an alternate survey on this property. Baudendistel suggested he step down and leave the room at this point to honor that conflict of interest. Thatcher was not wanting to have a recommendation come to commissioners with a potential covenant issue. Lang had said that his survey will find this info if it exists. And that should be done before the commissioners get the zone change recommendation.
Michael Morman co-owner of CLM Surveying. He presented the Fire and EMS letter of approval. Still no school response. Perhaps because it is not a residential.
Uhde has been approached by potential businesses. There is a bank interested and that is what he believes is the alternate survey. All the uses are indoors. They are willing accept any conditions you might wish to put on this. The bank is looking to purchase the entire acreage all for themselves. They are willing to do a traffic study.
Opened public discussion.
John C Hollis- Gribbs estate residence since 1984. Were told by the developer that this would be residential. There is a drainage area along the tree line and a 24 in culvert. He is opposed to non- residential use.
Gary and Cynthia Noll - Stateline Rd. - concerned about traffic in that area and quite a few accidents right there. Lived there his entire life on Sneakville and Stateline. Wants its to stay Residential.
Donna Gutzwiller- Lives behind the back end of this- agrees with the other two. Keep it Residential.
Dottie ?- Just want to NO say- what if the business doesn’t last. See how many banks have closed in that area. Think about what you would want next to you.
Kevin Wasburger- asked about the red color for churches- answer- they can be in either zone. Agreed with everything said before. Once you change it to B-1 - it can be many different things. There was a realtor online as being under contract for business. You can see how people don’t trust things. Thatcher assured him- it hasn’t gotten done - so that is not true at this time.
Anthony- and his wife?- 16 year residence.Bought as they were told this is residential. He maintains that his, Gary’s and Dottie’s property is actually more contiguous than the businesses in the area. He is concerned about his daughter and safety. Noise issues and potential rodents etc,
Rob Epling- had the other map brought up and showed how it is part of Grubbs Estates. Board agreed that is was part of that development which is RESIDENTIAL. Stateline is a highway. The business district is actually in downtown Bright. That property will be churned.
Boyd Cooper- Opposed to development there. Been there 12 years. Don’t sign a blank check on this. He cited the conditions of the and, the cars that park in the church lot at night, banks would have security and lights at night. Now one wants to look at tech back side of a business and strangers in the area.
David Bosse- Lela Drive for 29 years- agree with previous statements. There is existing property towards downtown Bright that is available for this kind of use. Consider that.
End Public Discussion.
Question for Michael Morman- Would Uhde be opposed to residential? Morman said Uhde would be OK to SELL it for that. Bank would put up privacy fences. Storage units not permitted in B-1. Not interested in a gas station. So item #31 could be struck for restrictions. Lehman asked about access points and lining up with existing ones. Morman agreed they could do that. The businesses are enclosed and the lighting has to be designed to NOT go off the property.
Board discussion:
Written commitments that get attached to the property are options per McCormack.
Hoog asked how much business is along Stateline there. Most is towards the heart of Bright- and there is some land zoned Business that has not been developed for various reasons. ( Road condition and land issues)
Lehman asked if there was a way to limit the access points at this stage in the process. The answer was yes. And if they further subdivided they would have to come back to Plan Commission to request additional accesses.
Beiersdorfer- familiar with area- drove a school bus there in the 1980s and also Hubbard’s Vet practice etc. It’s a prime location. That subdivision went in after he was a bus driver. Stateline is where the business wants to be. Hate to say that- but that’s how it is.
Lehman- Unfortunately that property has been available for a number of yers and no one has built on it. It does fit the future and existing land use criteria. I don’t know if I’ve heard enough evidence or not on this.
Hoog- Kind of agree that a developer hasn’t been interested in it over all these years.
Lehman motioned to forward a Favorable Recommendation for a zone change to B-1 with written commitment for conditions that a traffic study be required if the code of article 5 section 520 requires it, and limit one access point off Stateline and one off Sneakville , and elimination of # 31 of the permitted uses for the automotive uses and gas stations . Lansing asked if they could limit the amount of splits for the property. Discussion that there isn’t enough land to do more than 3 splits. They added an amendment that the written commitment to include a title search for restrictive covenants before the commissioners hear it. Beiersdorfer 2nded. 5 ayes and one nay (Lansing) and one abstention for Thatcher and one for Lang who was out in the hall and not voting. Favorable recommendation goes to Commissioners.
Recess for a brief time.8:50 PM- 8:55 PM
ADMINISTRATIVE
To review and discuss proposed ordinance amendments the Dearborn County Zoning Ordinance, with respect to the Zoning Update Study (involving Text changes at this time)
McCormack went over the new zoning map survey of opinions. Ranking criteria on the land uses. Water and sewer highest rank criteria and existing and use were the top criteria. Zoning and environmental constraints like topography flood plains etc.
Discussion of Ag and Residential and sewer issues etc.
Next meeting- April 25th - Zoning Advisory Committee and Public- on the text of the Residential and Agricultural Zoning Districts.
Discussion on the Zoning Map will be later.
Meeting adjourned at 9:25 PM
Christine Brauer Mueller
Lawrenceburg Township
