24 July 2006 Dearborn County Plan Commission Meeting Notes

PC Nixes White Farm Zone Change Due To Density Concerns

24 July 2006 Dearborn County Plan Commission Meeting Notes

Present: Jane Ohlmansiek, Acting Chairman, Patrick deMaynadier, Nick Held, Mike Hall, Jeff Hughes, and Dennis Kraus, Jr.
Absent: Mark Mitter, Tarry Feiss, and Robert Laws
Also Present: Arnie McGill, Attorney, Mark McCormack, Planning Director, and Kate Rademacher, Enforcement Officer.

1. Tom Kent requested to be tabled for modifications to written commitments for Perfect View Zone Change. (on SR1 near Salt Fork) PZ didn’t know if he’d return in August or September.

2. White Farm Development, LLC (Schmidt and Tucker) with Bayer Becker as applicant requested a zone change from Ag to R on 56 acres for 131 homes in Logan Township. The property is bounded by Gaynor Ridge, Short, and North Dearborn Roads.
224 homes would be allowed on this site if there were no restrictions on the R zone. The project is considered to be high density at about .4 acres per lot. Short Rd. was to be realigned to meet EZ Way at Harley Springs and make for safer access. Only the road areas adjacent to the development were to be upgraded by the developer. Road areas beyond the development are still deficient and the county has no timetable for the improvement to Gaynor Ridge or Short. North Dearborn is on the 2030 road plan and slated for federal aid.
Tucker was willing to give written commitments as to the 131 homes and road improvements along the development should they get a favorable recommendation.
DCRSD letter said they “seek to provide” sewage access with St. Leon. (in other words, it isn’t there yet) [NOTE: This means all the large lots and farms along the route will be forced to hook on- as that is St. Leon’s stance in every sewer extension.]
Todd Listerman stated they will remove trees along part of Gaynor Ridge in the ROW to improve sight distance.

PUBLIC COMMENT:

Terry Powell- asked for the definition of a category 3 road. (6 ft shoulders, 50 ft row and designed for 45 mph etc.)
He gave the densities of the areas around this as being 1 acre or more.- and many being large lots of 10 –20 acres.
He was concerned that the Short Road people will feel like they are part of the subdivision now.

Bill Williams – Lutz Road-lives below the Harley Springs addition- talked about the traffic patterns in the area. Said North Dearborn was to be realigned and was promised when Harley Springs came in- never happened. Noted that Mr. White is deceased and Mrs. White is in NH in Greensburg. [NOTE: Tucker corrected this later- Mrs. White lives with her daughter in Greensburg.]
He noted all the people from Harley Springs who invade his land with quads as there is no recreation on their home sites. And the Sheriff’s dept. does NOT deal with these quads. He said the taxes on these homes do not pay for the school system. –“it doesn’t begin to pay their way.” Pointing to the people in the audience he said: “You might as well put a damn (excuse my French) gun to their heads and just take their money!”
Where’s the industry? It’s going away. You have a responsibility here. Someone wants to make a lot of money and the infrastructure is not there. You are taking money- stealing- from the people who have lived here all along. [NOTE: Applause from audience.]

Todd Schumate- Gaynor Ridge- the 4th obligation in your list is to maintain current property values. Current lot size proposed is small and so homes will be smaller and less valuable, hence devaluing adjacent homes. Lower income families will move into what is currently a very nice neighborhood. He’s a lieutenant in FD and says the commissioners will have to learn they will have to spend taxes to upgrade Fire EMS and schools for all this development.

Bob Gaynor- noted car count done after school was let out. Has to close windows to keep noise out now. In this development there will be about 4 acres of hard surface for runoff. Drainage issues. Schools and tax increases a concern. DO NOT SELL THE FARMS FOR DEVELOPMENT. There are 6 farms on Gaynor Ridge with livestock. Town people don’t recognize farm vehicles and let their dogs out into our fields. Liability insurance is increased. Asked them NOT to approve this.

Tom Gaynor- He and his son own livestock operation. Estimates 1310 trips per day from the subdivision. Try moving farm equipment now- and have to juggle it around school schedules. Everyone is in a hurry. Cars and trucks drive up onto our fields now due to less ROW on Gaynor Ridge. Wants 2 acre lots- If they can’t afford 2 acres- they can’t afford the schools either. The comp plan says – preserve rural life- where is the concern for those of us who have lived here 60 years or more? (Zinsers, Johnstons, Gaynors, Hartmans, etc)

Brian Richardson- North of development- noted this is 2.5 times the average worst-case density around it. Property value issues. In his opinion- the most desirable use for this land is a farm as it is flat and tillable. Use eroded land for subdivision- not good ground. Intersection is dangerous for kids on busses etc. Don’t want to get anyone in trouble, but the person doing the traffic study was sleeping in his car…

Glen Richardson – (father of Brian)- lived here 25 years and enjoyed every bit of it. Thinks change is good- but high density may not be the best use of this land. Gaynor Ridge needs work in several places. OK- if it were similar to density around it.

Karen and Patty- Zinser sisters- 6 out of 7 Zinsers living on their farm- This is out of scale to area0 traffic issues. First she heard of people wanting to cut down her trees. (Listerman said only in the county ROW- and only those affecting sight distance) Noted litter, quads, and trespass issues. Wondered about wildlife in area. Fix all of Gaynor Ridge if you allow this. Wondered about drainage on the site as their dad used to farm it- concerned with detention ponds.

End Public comment.

Rosenberger of Becker Bayer- addressed traffic study allegations stating they’d been out there 4 times doing the study. Tucker said Harley Springs was .5 - .75 acre lots. His lots will be 80-90 ft by 175 ft. They could build a 6,000 sq ft house on it! Their average home price will be $200K and 2,000 sq ft. RAW LAND VALUES WENT UP THE DAY WE BOUGHT THIS FARM! [NOTE: This farm was bought at auction at prices in excess of development purchases in the county.]
Tucker cited Brookestone Way Project and sales in Bright and concluded that they had actually increased property values in the vicinity. He used prices and average length on the market to bolster that claim. He said SD schools were in the 41st percentile in the state for taxes. Low-income people won’t buy $200K homes. He said all his letters are in for services needed.
Tucker called this a “dream property with excellent road access and all available utilities.” They will remove 4’caliper trees to get sight distance and also realign Short.

Bob Gaynor reminded board that Gaynor Ridge only has 33 ft ROW.

Board discussion:

Jeff Hughes- when will North Dearborn be paved? Listerman said on 2030 plan- no date yet.
Other roads are not scheduled.
Not sure about the density- has to think about it.

Mike Hall- Density is biggest issue- traffic and barns and homes on Gaynor ridge on opposite sides of the road on some farms. Short Road is dangerous intersection. Density is being proposed because of the cost of the land and improvements. Doesn’t think ¼ acre lots work here.

Patrick deMaynadier- Criteria in 540 and comp plan page 148 on land use says it should promote the tax base that supports the infrastructure. $200K homes cost more than they contribute to the infrastructure. If promoted they should be where there is a high level of infrastructure already in existence. There are huge issues of safety around this- people aren’t flying in on a rocket ship- they are driving in from other areas of the county- roads have to be adequate.
We are to look at current uses in the area- I didn’t see any houses hardly all the way around the property in the pictures. High density is NOT there. I wonder what the appropriate density is out there.

Dennis Kraus, Jr. – Density is higher than we might want here. Road issues. Would be more comfortable with existing density.

Nick Held- Density sticks with me- as the current character is not this dense. The Short Rd. alignment is beneficial.

Jane Ohlmansiek- Would rather have an R zone if it’s developed, but I don’t like this density here. Concerned with roads around it, and the rest of Gaynor Ridge is an issue- not just fixing the space around the subdivision.
Tucker said it’s really .4-.5 acre lots- only a few ¼ acre lots.

DeMaynadier motioned and Held 2nd to pass on an UNFAVORABLE RECOMMENDATION to the commissioners based on the density being too high and not fitting in with the current conditions and character in the area under Section 540. 5 Ayes including the chairman. Nay from Jeff Hughes.

9:45 PM- ADMINISTRATIVE:
Ordinance changes in text:
Major and Minor Site plan review texts approved as clarified to go on to commissioners.
Plan Commission sent the 2 year period back to commissioners- who wanted 1 year wait period. PC likes it as is- as it was already a compromise.
Set back texts approved also.
Copies are available at PC office- 537-8821.

Sign Ordinance revisions due to the Constitutionality lawsuit from Dorothy White:
Suggestions to revise the proposed text to allow for 32 sq ft signs (a sheet of plywood is 8x4=32), have no time limit (was suggested at 60 days and eliminated that) and they have to be out of county ROW same as all other signs. One sign per property. Complete text and conditions available at PC office also. Approved by PC and sent to commissioners for their approval.

PC members received a booklet from Listerman on standards for roadways. They will have a working session with Listerman in a month or so to discuss these.

US 50 Workshop 6-8 PM Wed July 26 at Lawrenceburg High School. There are several proposals on the table to look at- all are urged to attend. The PUBLIC IS WELCOME.

McCormack still trying to get school board meeting together. Contact issues this month with vacations etc.

Stonebrook Estates- old Gabbard Estate- will be requesting an extension of primary plat- their expires in Nov 2006 (2 years is up) They are now talking about rezoning part of it to Business. Traffic study would have to be preformed for that also. Board was informed of sewer issues with Aurora and idem, Dillsboro, and DCRSD too.

Woolpert gave PZ office a map of sewer areas potentially- wants to know if it matched the master plan. [NOTE: Why not just USE the master Plan?]
Woolpert is trying to get a projected percentage of Industry/Commercial/Residential in the county also. PC decided to hold on OKing this map, as they have to complete the master plan land use maps first.

Meeting adjourned at 10:10 PM

Christine Brauer Mueller
Lawrenceburg Township