24 August 2009 Dearborn County Plan Commission Meeting Notes

24 August 2009 Dearborn County Plan Commission Meeting Notes

Present: Hall, President, Hornbach, Hoog, Lehman, Nelson, Thompson, Kraus Jr., Lansing, and Beiersdorfer.

McCormack, Director, and McGill, Attorney, and Webb, zoning Adm. were also present.

Major Revision and Waiver to primary approval of Morgan’s Ridge on Mt Pleasant Road in Logan Township. The property is zoned Residential on 114 acres. Maxwell Development was represented by Randy Maxwell. There were 9 citizens present and 3 spoke at the public hearing. This property was originally rezoned and approved in 2007. Maxwell asked to downsize the plans from 182 lots to 90, with 3 of them being unbuildable. As the density was decreased and the frontage increased Maxwell Development asked to have the connections reduced from 4 to 3, reduce the common area, add 2 private streets, and delete curbs, gutters, and sidewalks. The private streets were requested to be 14 ft in width and actually be a private driveway essentially. Maxwell noted the turnaround radius would be adequate for a 3-point turn as most large vehicles do that anyway.

Todd Listerman- Transportation Director asked the plan commission what kind of standard they wanted for a private street. He noted that school buses are not required to go down them. They do need 16 ft width for 2 cars to pass and that 14 ft would be as narrow as you’d want to go for that. The road will be graded to 20 ft but paved to 14. He also noted a 50 ft ROW easement would be good so that they could upgrade later if they wanted to. The private street will have 8 inches of crushed stone and may be chip sealed. No asphalt planned.

PUBLIC COMMENT:

Cynthia Harding- lived on adjacent property- her parent’s farm ( Weisgerber). She noted that the bulldozers improved the property and that her family’s farm is in two pieces. One of which is landlocked. It was part of the original Subdivision Plan to allow access in the future to that land locked piece. This new revision allows people with another access to have one added, but her family- with no access -is denied access in this plan. She felt they were not part of “the network” and treated differently than other adjoiners in this plan. She stressed that this was approved as part of a 20-year vision that the plan commission and Maxwell had for Logan. There were infrastructure improvements to Mt Pleasant that were committed as well. Future development was considered as part of this plan. They met with Maxwell as a family and felt he was not meeting his commitments to adjoiners. She wanted the PC to hold Maxwell to his original commitments to adjoiners. She noted their family has access on the front parcel to Lutz Road, but the 2nd parcel does not. Their parents live on the farm and plan to stay there until they die, She and her sister are heirs. Harding stressed that once this is developed they lose all hope for access to their landlocked piece. She did say that they did not want to pay for 2/6 of the private road to get to this plus maintenance. She only wants FUTURE access, not current access. They will pay for it in the future. She quoted Mitter and Listerman in the previous 2007 meeting as saying connectivity was required and dedicated ROW to the county for future access.
Nelson informed her that Maxwell did not CAUSE her land to be land locked! She said 35 years ago they didn’t have this problem. While it was still farm and golf course there was hope- but once decided to be a subdivision and built- they will not have the option. Harding said the 2007 meeting minutes state they did not want to end up like Bright. Stay focused on the VISION for Logan.

Sandra Weisgerber- owner of adjacent 57-acre farm (27 plus 30 acres landlocked) for 35 years. She said they didn’t ask Maxwell to connect in 2007- he committed to it when the county asked. They didn’t expect that to change. They expected the property would be developed responsibly. She agrees with her daughter who spoke first. There are two parcels that already have access to Steele Road and they get another access through Morgan’s Ridge. We don’t even get one! She notes the Phase numbers changed and Phase 7 near them is now Phase 2. She stated she asked 3 times about the access to them and they said yes- they had access. Listerman answered her question regarding private drives off private drives. He also told the PC that they could have dedicated 50 ft ROW and the road is NON- Maintained within that ROW. Weisgerber said that Maxwell told her family they were developing North and South and reserving the center for possible higher density.

Carl Anthony- lives on Mt Pleasant and alerted the PC to a safety access issue near the dip in the road way there by his home. Kraus Jr. said the driveway permit etc would have to pass sight distance rules before they build.

END PUBLIC DISCUSSION

Thompson- zoning tries to balance people’s rights and so he was trying to figure a way to get ROW instead of an easement that would make a future road if needed. He’s in favor of the lower density and notes the private street by the lake makes sense.

Nelson- agrees with Thompson

Lehman- we write regulations for a reason. Panhandles are to get access. We should always try to keep the access options.

Hall- agrees with private drive to limited number of lots. It doesn’t do any good to have lake access. Legal documents need to be done to keep maintenance up on private streets.

Hoog- Like s reduced density- thinks 16 ft might be better than 14 ft width on private drives do people can pass.

Hornbach- Likes reduced number of lots and eliminating some flag lots, like s the idea of ROW instead of easement for access.

Lansing- when weather is bad- roads shrink with snow piled up. But there are only a few homes on them.

Beiersdorfer- agree with others. If the 6 homeowners want the road upgraded they would have to deed it up and transfer ROW to county.

Kraus Jr. Nothing more to add really.

Hall- Asked about private street ending up with problem in 1200 ft cul de sac rule- only if adjoiner was too long.

Thompson motioned and Nelson 2nd ( I think) – for approval of a major revision of the primary plat to 87 buildable lots, relieving curb, gutter, and sidewalk requirements, allowing for privates streets of 14 ft width on easements in the N, S, and W side of the lake and the private street on the SW corner is to be on a dedicated 50 ft ROW to a proposed cul de sac and then a 50 ft ROW to the property line to Weisgerbers to enhance the quality of life in the area, enhance long term development, and property values. It will not burden Maxwell to build a county road at this time of economic downturn. (There is no bonding for the ROW as it is not a public maintained area.)
Maxwell asked if this set a dangerous precedent. Nelson said no- this is a waiver- not everyone gets a waiver- it is the exception and not the rule. Listerman said the county would not maintain the ROW until the road is upgraded and accepted at some future time.

Maxwell asked – what if I develop all 4 lots as one piece or as flag lots with no private street. The PC said he HAS TO COME BACK to do that. [NOTE: It would seem unfair to charge him a reapplication fee if he’s requesting something that is allowed under the code though!]

All ayes expect Lehman- Nay. Passed.

ADMINISTRATIVE:

New comp plan books are completed and cheaper than expected.

Almost all advisory board members are committed to return to the master plan process for updating.

They’ve been working on grant administration for Manchester and West Harrison.

The website is completely revamped.

Wed Sept 2 is the next meeting for St Leon Zoning Codes.

McCormack has been off for back surgery and is coming for half days next week. Hopes to be back to work full time soon. Noted that staff is doing a good job in his absence.

Meeting adjourned at 9:35 PM

Christine Brauer Mueller
Lawrenceburg Township