25 June 2007 Dearborn County Plan Commission Meeting Notes

25 June 2007 Dearborn County Plan Commission Meeting Notes

Present: Hall, Chairman, Feiss, Nelson, Kraus, Jr., Thompson, and Held.
ABSENT: Mitter, DeMaynadier, and Laws.
Also present: McGill, Attorney, McCormack, Plan Director, and Rademacher, Enforcement Office

1. Major revisions to Villages of Sugar Ridge Planned Unit Development (Miller Township Sect 13 on Augusta Drive with 7.013 acres) on Lot 156 by Golf Hole #1 to situate attached single-family homes requiring variances for front yard setbacks and sidewalk locations and a variance for distance between 2 proposed entrances. The applicant was Hrezo Engineering for owner TBS Development, LLC. Hrezo Engineering was present- the owner(s) were not. The owners of TBS were named in the discussion, but it is unclear what TBS stands for, as it does not match the owner’s names. They recently purchased the piece in the springtime. They are lowering the density in this area.

This is zoned PUD already by MT Investments (Mike Macke)

Cul de sac on Sawgrass and Muirfield Ct is 700 ft approx. Storm water issues have been addressed, the putting green is being moved and they plan a 50-ft ROW now for these two roads.

6 members of the audience were present with direct interest in this case. Three spoke.

In summary- Augusta Drive appears to be the main street- to become public eventually-and Oakmont also. There are several other side PRIVATE streets that will be maintained by DIFFERENT Home Owners Associations (HOAs) how these HOAs are tied to the main one and whether they have enough membership to actually maintain their amenities and streets is questionable- unless they combine. Macke has apparently sold of larger pieces to patio home developers or single home builders, or condo developers, etc. Because of all the changes requested in the past, Macke is required to bring back each change to the PC as the cumulative effects of these “little” changes has ended up being significant in the PC’s eyes.

The banquet facility has moved several times on the plans, densities in areas change, green space moves or is diminished. What neighbors saw on original plans in 2003 is NOT what they are getting in their back yards now. It appears to be less a planned unit development and more multi-tiered living styles built around a golf course- and the golf course keeps moving too.
Originally, there was more buffered protection to surrounding properties. That is changing.
The bike and pedestrian paths are not done so far.

THERE IS A LAPSED ROAD BOND!!!!! [NOTE: How did this happen? These bonds were all brought up to date several years ago. There should be NO WORK done on this development until those are reviewed and renewed. Who is protecting the county?]

The light at HVL and Stephens Road that the developer was to pay for is still not installed. Bonding is also an issue for this. Apparently, the HWY DEPT took over the bonds and somehow this has not been enforced. Communication between Plan Dept and HWY needs to be better- as Plan Dept. is in charge of issuing permits and enforcement.

Public speaking included Vince Karsteter, Steve Hinkey (sp?), and Larry Stange.

Questions raised:

If he’s decreased density here, can he increase it elsewhere? Answer- he has to come back to PC, as that would be a major change.

Where are the sidewalks and bike paths? Answer- Nowhere on the project yet- the bike path is along Augusta Dr and goes from one side of the road to the other.

Concerned that Macke seems to NOT be playing by rules set in 2003- why isn’t he being forced to play by the rules? This is DIFFERENT. No answer yet.

We end up having to monitor this- and it should be the county.

No one is sure where the banquet center and putting green are going. How about the HOAs and the densities?

This started originally as 74 homes- now it’s over 300. People paid a lot of money (nearly a million in some cases) to live here and their property values are decreasing.

Question the safety of a bike path where people cross the BUSY road- and also the hilly terrain as even suitable for that. Behind him was a single-family home- then a driving range- now a street with a bunch of homes. Not safe for kids to play in their own woods now.

End Public.

Thompson- PUD should be a PLANNED unit development- where is the plan? We see a new owner with a piece of a PUD – who’s doing the overall planning to make this entirely into a PUD? Concerned with ROW and HOAs ability to maintain roads. The tenor of the development fits a PUD, but the vagaries – bike paths etc seem to be a concern.

Held- current plan for this piece is OK- but we need to make sure changes occur in eth proper process.

Kraus, Jr.- the zoning ordinance covers dimensional variances and tech review should have put those criteria into the report. Paul from Hrezo Eng answered that the 13-ft dimensional setback variance was to try to NOT disturb natural vegetation etc.

Nelson- need help in managing PUD- HOA has to be overall to manage the separate HOAs. There needs to be an established agenda of responsibility for HOAs and sub- HOAs. The subdivision regs require bonding of public improvements. Is the bike trail bonded or is it in pieces of each HOA? How is adjustment in density handled- they can’t just increase it somewhere, If you give it up here- that’s it- they can’t come back later and say they want more units elsewhere, when people are counting on something else happening.[NOTE: Nelson is right on target here.]

McCormack- Villages of Sugar Ridge Cottages and Sugar Glen each have their own HOAs and were developed by different entities too. Don’t think this is really a PUD- it’s just housing built around a golf course- this is not a self-sustaining town center kind of project.

Feiss- I was here when this was presented- unfortunately- I thought it was a good product- but the few times I went through there I was appalled. We’ve given him control to do a project we approved and he’s NOT doing what we approved.

Hall- Everything is shifted- there are a lot more private roads showing up than originally planned.

McCormack- Listerman had problems with the overall bonds for the light etc. THE BONDS EXPIRED!!! [NOTE: We’re back to the 1990’s with expiring bonds again?]

Thompson- We can cease issuing permits if there is no bond. Specified time period needs to be set for bike paths. We need to regain control of this PUD. This development is a nice one with lower density, but it will be a nightmare with too many HOAs- it’s fragmented all to hell and back. Is it reasonable to table this to get this together?

Bob Hrezo- Asked them not to hold up approval- to try to find another mechanism to get this accomplished for TBS (the developer). Mike Hrezo- attach something to the deed to let future buyers know what the PUD commitments are?

Thompson- because someone didn’t do his homework- not our issue- we are charged with protecting the county.

Karsteter- questioned whether TBS wasn’t really Macke- as he knows he can’t come back with changes for a year. Hrezo Eng gave the names of the three owners- none was Macke.

Thompson motioned to table to get a comp plan for the PUD to see if it can be brought back into control. There is no problem with the variances as requested. Held 2nd . All ayes except for Kraus, Jr. NAY. Passed to Table for up to 90 days. They are looking for letter on enforcement of bonds, light, storm water, and HOAs.
PC is scheduling an executive session on this in July.

2. Amendments to the Subdivision Control Ordinance were a mixed result. The amendments to Section 315 and 520 were passed- with the changes from worst-case scenario to maximum allowable use fixed in the text.
The other parts were tabled for 30 days and to get more road designs from Listerman, bonds, etc.

3. Announcements:
Land Use plan to be in Aug- Sept.

Going to St. Leon Meeting July 11th to be approved to help them in their Planning.

VRUC is NOT allowing new permits due to a $3300 impact fee from Greendale that they are fighting.

PC staff had performance reviews.

2008 budget was prepared.


Meeting adjourned 10:40 PM
Christine Brauer Mueller
Lawrenceburg Township