27 September 2004 Plan Commission Meeting Notes

27 September 2004 Plan Commission Meeting

Present: Mark Mitter, Chairman, Mike Hall, Nick Held, Roger Woodfill, Rick Pope, Tarry Feiss, Dan Batta, and Patrick de Maynadier (arrived at 7:15 PM).
Absent: Dave Schmidtgoesling- who resigned effective September 21 for family obligations.
Also present: Arnie McGill, attorney, Travis Miller and Mark McCormack.

Three sets of meeting minutes and the Master Plan Public Hearing were approved.

Nearly three hours were devoted to hearing testimony on one subdivision request. Golf View Acres by Rollander Enterprises on Soaphill Road, 29.142 acres in Manchester Township was proposed as a 24-lot subdivision using a cluster system on about 10 acres of 4 mound systems for the homes, most of which were on less than one acre lots. The land is a mixture of Ag and Residential zoning. This property has been considered several times by the plan commission and turned down each time.
Mike Hall was surveyor for the project and stepped down from the board for the hearing.
New ideas were in this proposal in order to qualify for another hearing.
Jeff Stratman was representing Doug Anderson on Rollander.
The project plans included:
3 acres for a drip system or 4 sites for mounds with an additional 4 sites for backup mounds should those fail. All of this was to be set on lot 14- 10 acres on the back of the acreage which slopes on three sides to other properties and creeks.
There are no plans for Aurora to extend their sewer system to this area. The county Sewer Board is unable to take this on in the near future per Doug Baer, Health Dept.
LMS water states there is adequate water for the homes and that there is a current 4” line supply. The option to put 6” main down Soaphill Rd exists within ROW or else they will be using dry hydrants for water for fire protection with cisterns adequate to produce 1250 gal/minute pressure and being refilled with 2” lines continuously.
Soaphill Road would be widened to 20 ft by the developer from the subdivision entrance to 148.
Doug Baer added that the cluster systems have been in use in Northern IN for many years, especially in the lake regions. He added that the drip system requires 30” of topsoil and this land has only about 20” and then clay, which is why he felt the mound system would be better.
The state health dept. letter states that the county can be more restrictive than the state.
State regulates this and it is complaint based on inspections. Baer went on to say that the county has no ordinances authorizing health dept. inspections; they are waiting for the state to update theirs before we do ours.
If the subdivision formed a utility company, then IDEM would do inspections and have jurisdiction.
Road issues and setbacks were discussed. There was some discussion where Stratman felt the developer shouldn’t have to do some of it- but that they would comply to get approval. [NOTE: He wasn’t wholeheartedly wanting to perform all the requirements.]

Citizens speaking included:
Greg Edwards, who made several points concerning the sewage site, particularly the wetness making it a site difficult to mow and maintain. He wanted to know who would be cleaning filters, and he also felt that the 10 acres would be overrun with kids on quads using the mounds for trails. When Mitter asked him if he trusted the state, Edwards answered, “No!”
Chris Becklehymer gave testimony regarding the other end of Soaphill that is used as a shortcut and it’s variable widths, curves, and hills. She elaborated on fire dept regulations for pressure and cited the Elk Run Fire across the street. She mentioned EMS and Fire services were not 24/7- they are volunteer with Aurora as back up. She talked about Goose Run as another shortcut and it’s poor condition. She discussed the RURAL character there and stated this was different. She talked about being down hill from the sewage and that they would be on the receiving end of that system if it failed.
Greg Edwards further elaborated on the road, parking issues with tourneys at Elk Run across the street, and the 45-degree angle of the Soaphill-SR148 intersection. Several accidents were cited. He noted 10-15 slips on Goose Run, which will be worse with water runoff from 24 homes above it. This is surrounded by Ag- and unfortunately is zoned R. Not in character to do it this dense- even though it is perhaps “allowed” in the book if R.
Lots 13-16 are zoned Ag- but 2 of them are less than 5 acres, so not Ag use.
Joan Fehling reiterated Greg Edwards and Chris Becklehymer’s comments with respect to lot sizes, fire protection, and sewage issues.
Board discussion centered on roads and whose responsibility it was to maintain them and upgrade them, the intersections on both ends of Soaphill, sewage concerns, management by the homeowners association and no bond amounts etc. were a major concern, the cumulative effects of starting development out there on the road issues, 2 Ag lots, fire protection, the cohesive nature of neighborhoods in good development patterns, how the homeowners could shut off a neighbor if they weren’t complying or paying into the fund to keep septic safe, the desire for a utility to run sewage, not a homeowner’s association, cisterns not being the best way to start fire protection, the fact that even the neighbors there today were split off from someone’s farm years ago, pacing and placing development appropriately with respect to infrastructure, and not doing just the minimum requirements for each district.
Three sets of motions were made:
1. Batta motioned and Woodfill 2nd to deny based on sections 2576 particularly citing responsible development with regard to sewage, Section 2400 the intent of transportation management and promoting effective modes of transportation, and Article 3 Table 3.1 referring to Soaphill Road being a substandard collector.
4 to deny and 2 not deny. Chair voted against the motion. Fails.

2. Pope motioned and Held 2nd to approve if they widened Soaphill to 20’ to 148, added a 6” water line down Soaphill, and produced a workable plan to adequately fund and maintain and repair the sewage system. 4 Nay, 2 Ayes. Fails.

3. deMaynadier motioned to deny and cite the codes without specifics on how to accommodate them and Batta 2nd. Codes cited were the same as in the first motion, 2576,2400, and Table 3.1 4 Ayes, 2 Nays and the chair voted Aye to DENY. Motion passed to DENY.
Stratman requested a specific finding of fact and Travis Miller agreed to have it to him by Wed at the end of the day

Applicants tabled two other requests.

Leslie Geisen addressed the board in detail regarding a violation issue that has escalated to a nuisance on Brightleaf Drive. Board plans to have the enforcement officer enlist Health Dept. and Sheriff’s Dept. to aid in settling this. There is no ordinance to require mowing and vegetation clean up. The offender is Ollie Willoughby. It was also suggested that she seek a lawyer to sue for nuisance, since it is costing her money to clean up the spillover and damages to her yard, her enjoyment of her yard, and property values.

Administrative:
Board approved Travis using $9,000 for OKI GIS work and to replenish the $51,000 for the grant match with money from master plan, IF he emails Charlie Fehrman and gets Council’s blessing before entering into any of these contracts. There was concern that Travis would be personally liable according to new ordinance that Council set this year regarding contracts that were made without their specific appropriation of money. Batta motioned and de Maynadier 2nd to use $9,000 and check with Fehrman. Motion passed.

Sept 29th SDG will present the Housing Assessment Study at the Dearborn Adult Center.

2005 meeting dates passed out for approval next month.

Hamilton County Regional Planning Educational Series – can attend if they would like to.

Dave Schmidtgoesling’s resignation (family obligations) letter presented.

Meeting adjourned 11:15 PM

Christine Brauer Mueller
Lawrenceburg Township