29 September 2008 Dearborn County Plan Commissioners Meeting Notes

29 September 2008 Dearborn County Plan Commissioners Meeting Notes

Present: Hall, Chairman, Kraus, Jr., Beiersdorfer, Lehman, Laws, Nelson, and Thompson
ABSENT: Hornbach and Lansing

Also present: McCormack, Plan Director, McGill, Attorney, and Listerman, Transportation

Old Business:

Waiver regarding the establishment of a drainage structure in the West Miller Addition Subdivision owned by Elvin and Martha Miller on 2.779 acres on Rebecca Court in Sparta Township. This land adjoins Moores Hill and is zones B-1 and R. In checking the bonds for Miller the inspections showed the drainage on the plan was not constructed. Plans were done by Terry Crouch of Survey Co- Now called Land Consultants. One neighbor spoke to see if this would affect his pond- it wouldn’t. Elvin Miller produced documentation form IDEM and stated there was no reason to do the culvert and drainage pond as all the water ends up in the same place anyway. It’s working fine now- and he doesn’t want to mess it up
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Listerman said there were no complaints from anyone in the area.- slope on the properties is minimal so velocity even in heavy rains will be low.

Nelson motioned and Thompson 2nd to approve the waiver with the condition that if the commercial section develops further the staff should review the drainage plans. All ayes.
New Business:

An appeal of the decision of the Tech Review granting primary approval for an 8-lot subdivision, Whitewater Point, developed by Maxwell Development and owned by Whitewater Point, LLC. This is located on Chappelow Ridge and Barber Roads in Logan Township on 127.6 acres. Current zone is Ag - reverted back after Maxwell Development decided against the road connecting Chappelow and Barber.

The appeal was filed by Helen and Charles Kremer. They were represented by Thom Blondell, attorney.

Randy Maxwell was present for questions. ( John Maxwell and Jeff Stenger , surveyor, were also)

[NOTE: This appeal apparently became necessary due to significant changes from what was presented to commissioners and the Plan Commission’s Tech review. There were also issues neighbors felt needed to be on public record.]

Thom Blondell presented the appeal based on 4 arguments:
That Whitewater Point was in fact a Major subdivision and not a minor one- as it was formed from combining two tracts.
That the number of flag lots proposed exceeded the number permitted for a major subdivision. (but not for minor)
That the site had no constraints that justified the use of flag lots, whether minor or major. (because the old road access made each lot accessible)
That the use of access easements and flag lots was improper per code section 315c. (This had to do with easement widths and serving more than 2 lots.

The PC contended that it was a minor subdivision. They did however ask several questions.

Nelson asked Blondell what the burden of the flag lots would be. Blondell said emergency service was the biggest concern.

Thompson asked how this plan compared to the proposal to the commissioners. Listerman said the difference was in the connector with Riverview Lane and the use of that Lane. It will be built to private lane specs- not street specs per Tech Review. [NOTE: But that could change- it could upgrade. It’s already changed a couple times.]

Randy Maxwell stated that he had always intended to connect Riverview with Whitewater Point. They started the physical improvements right after tech review approval. All lots would be addressed to Whitewater Point. He said that if they turned in certified survey tomorrow they could have one less lot and in 365 days they could do certified surveys again on these. This is subject to splitting in the future- BUT WE AGREED TO 8 BY THE COMMISISONERS – AND WE WILL PUT IT IN THE COVENANTS AS NO FURTHER BUILDING PARCEL SPLITS.

Helen Kremer said she was OK with 8 lots- but did not want a road connecting to Barber. She cited road issues with Barber Road being narrow and unable to handle traffic and also emergency access. She said Barber Acres could access Barber and Whitewater Point should access Chappelow Ridge.

Cliff Eibeck echoed Helen Kremer’s points about not joining the roads and hazards at Barber Road and SR 46.

Kathy Scott said her point was made previously.

Thompson asked Randy Maxwell- why the connection? Maxwell said it was for marketability, The access to I-74 is 10 minutes less this way. This will be a single lane driveway with passing blisters. All owners will contribute to the upkeep. They are limiting it to 8 lots total. All owners will have easements to access Riverview Lane.

Nelson motioned and Laws 2nd to DENY the appeal WITH THE UNDERSTANDING that the subdivision is limited to 8 lots, that maintenance agreements to all lots is included, and that this is a GATED community to control use of this road connector. All ayes.

ADMINISTRATIVE:1. Sections 305 n,o, and x were revised and sent back to Commissioners with a Favorable recommendation after they were rejected. The issue was cul de sacs and Maxwell and Stenger had spoken out to not limit them any further. Commissioners Fox and Hughes agreed and rejected it last time. Thompson said he was concerned with unlimited houses on dead end streets due to emergency situations. McCormack said they had a better chance of getting 305 n passed than the master plan maps. [ Chuckle]

2. The sign ordinance was revised and sent with a Favorable recommendation to the commissioners.
Rosewood Industrial Park amd Eden Gardens wil be going for acceptance by the Commissioners soon.

3. Per Todd- the state now says the minimum ROW for a public street has to be 40 ft.

4. No change in the Comp Plan with respect to Commissioner’s decision.

5. US 50 Collaborative will have another meeting in October. Hall is working on a preliminary design with INDOT for Walmart intersection area. Arlinghaus Industries is not participating. (?)

6. Fiscal impact testing done- still not ready. OKI will meet with county reps sometime to explain the model.

7. St. Leon ordinances on-going.

8. The grant for W Harrison Park will be done by Nov deadline.

9. Letter from Greendale Manager regarding concerns of false information from Ogden and VRUC regarding sewer access for lots off Georgetown Road.

Meeting adjourned at 10 PM

Christine Brauer Mueller
Lawrenceburg Township