24 October 2011 Dearborn County Plan Commission Meeting Notes

24 October 2011 Dearborn County Plan Commission Meeting Notes

Present: Mike Hall, Chairman, Dennis Kraus Jr., Russell Beiersdorfer, Mark Lehman, Mike Hornbach, Jeff Hughes, Jake Hoog, Dan Lansing, and Ken Nelson

Also Present: Mark McCormack, Plan Director, and Arnie McGill, Attorney.

Request: Vacate Candlewood Court within Harvest Ridge Estates.
Applicant: JDJ Surveying / Owner: Maxwell Properties IV, Inc.
Site Location: Hearthstone Drive
Legal: Sec. 15, T7, R2, Map #02-15, Parcel #010
Township: Kelso Size: .288 Acres
Zoning: Residential (R)
STAFF REPORT
HARVEST RIDGE

Vacation Background:
1) The subject land area—Kelso Township, Township 7, Range 2, Section 15, identified as the
Candlewood Court street right-of-way in the Harvest Ridge Subdivision—is currently located
within a Residential (R) Zoning District.
2) The Harvest Ridge Subdivision was platted in 2006; the second phase was added in 2008.
3) The Petitioner is requesting to vacate:
 Candlewood Court—an unimproved, unmaintained (approximately 155-foot long)
street with a road right-of-way width of 50’ They plan to replat with a smaller number of panhandle lots.
4) Please refer to Article 2, Section 280 of the Dearborn County Subdivision Control Ordinance regarding vacation procedures.

At its meeting on October 3rd, 2011, the Technical Review Committee raised no objections or concerns with the Petitioner’s request to vacate this area of Phase II, for the purpose(s) of re-platting.
Financial guarantees are in place still for the development. Maxwell owns all the land surrounding it.

Jeff Stenger Surveyor presented for the applicant who was not present. MapleStreet Homes thought it would be cost effective to remove the street and end up with the same number of lots and two panhandles. They have the vacation plat and the replat is already drawn up as soon as this is approved. At the end of the street is a temporary cul de sac. Not sure what they will do with that part of the property yet. There will be a large gravel turn around there until they decide. It’s partially constructed now.

No discussion- favorable recommendation to vacate Candlewood Court. All ayes.

2. Request: Proposed changes to the Dearborn County Zoning Ordinance
and Subdivision Control Ordinance.

The petitioner’s application must:
1. State the reasons for and the circumstances prompting the request;
2. Include a survey that meets all of the requirements for a Certified Survey, as set forth in Article 2, section 260 of the order; in 260 of this order; and
3. Give the names and addresses of every other owner of land in the plat;
4. Contain a map or line drawing, as prepared by a registered Indiana Land Surveyor, showing the lots or plat areas that are intended to be vacated and their relationship to abutting parcels. This map or drawing shall also indicate the names and relevant deed or legal instrument references associated with the adjoining property owners.
Within thirty (30) days after receipt of a petition for a vacation of a plat, the plan commission staff shall schedule the petition to be heard by the Plan Commission at a public hearing. The Plan Commission shall follow the same public hearing procedure(s) to review proposed plat vacations as those requirements outlined (earlier) in this Article for the review of Primary Plats.
After hearing the petition, the Plan Commission shall approve or deny the plat vacation request. The Commission may approve the vacation of all or part of a plat only upon a determination that:
1) Conditions of the platted area have changed so as to defeat the original purpose of the plat;
2) It is in the public interest to vacate all or part of the plat; and
3) The value of that part of land in the plat not owned by the petitioner will not be
diminished by the vacation.
The Plan Commission may impose reasonable conditions as part of any approval. The
Commission shall furnish a copy of its decision to the County Recorder for recording.
A petitioner or other interested party may appeal the Plan Commission’s approval or
disapproval of a plat vacation in the manner prescribed by IC 36-7-4-1016

SECTION 282 –Vacation of Public Ways or Places
As identified in IC 36-7-3-12, persons who:
1) Own or are interested in any lots or parts of lots; and
2) Want to vacate all or part of a public way or public place in or contiguous to those
lots or parts of lots; may file a petition for vacation with the Dearborn County Board of Commissioners.
The petitioner’s application must:
1) State the circumstances of the case;
2) 2)Include a survey that meets all of the requirements for a Certified Survey, as set forth in Article 2, section 260 of the order;survey that meets all of the requirements h in Article 2, Section 260 of this order; and
3) Give the names and addresses of all owners of land that abuts the property
proposed to be vacated.
The Dearborn County Board of Commissioners shall hold a hearing on a vacation petition
within thirty (30) days after it is received. The clerk of the Commissioners shall give notice
of the petition and of the time and place of the hearing:
1) In the manner prescribed in IC 5-3-1; and
2) By certified mail to each owner of land that abuts the property proposed to be
vacated.
The petitioner shall pay the expense of providing the required notice.
The hearing on the petition is subject to IC 5-14-1.5. Any person(s) aggrieved by the
proposed vacation may object but only on the following grounds:
1. The vacation would hinder the growth or orderly development of the unit or
neighborhood in which it is located or to which it is contiguous;
2. The vacation would make access to the lands of the aggrieved person by means of
public way difficult or inconvenient;
3. The vacation would hinder the public's access to a church, school, or other public
building or place;
4. The vacation would hinder the use of a public way by the neighborhood in which it
is located or to which it is contiguous.After the hearing on the petition, the Board of Commissioners may, by ordinance, vacate
the public way or public place. The clerk of the Commissioners shall furnish a copy of each vacation ordinance to the County Recorder for recording and to the County Auditor.
Within thirty (30) days after the adoption of a vacation ordinance, any aggrieved person may appeal the ordinance to the circuit court of the county. The court shall try the matter de novo and may award damages.

Plan Commission suggested putting numbers 2 and 4 together so that it doesn’t appear that two maps be done. Approved with striking # 4 and revising #2 Under Petitioners application.

ADMINISTRATION:

Vehicular use areas have not been addressed yet until he gets direction from the PC Board. Hughes wants to drop the trees and obstructions in parking lots. He noted that Commissioner Orschell said they were a problem for snow removal also. McCormack said the interior parking islands were not so much an issue as the aesthetics around the buildings themselves. Lawrenceburg does not have these parking islands in their ordinance. He said he was not here 10-12 years ago when this ordinance was written, so he is not privy to the reasoning behind adding this in. Mature tree root systems cause problems in the pavement. Also droppings from the trees. Lehman suggested they could let this rest and do it with the entire revisions from the state law changes. McCormack said if it’s necessary for storm water reasons they can still put these in there, if they want to do so. Plan Commission recommended favorably to Commissioners to eliminate the interior planting section of the parking lots. All ayes.

Maxwell is renewing his financial guarantees and Old Orchard was taken care of.

One round of interviews for assistant planner position. Russell Beiersdorfer and Mike Hornbach to sit on the 2nd round. There was a really good bunch of candidates- best they’ve ever had per McCormack. He feels like whoever they get will be good.

Plan Dept working on three grants one for park around St. Leon and 2 for economic development. One large one and one for retention of economic development.

Meeting adjourned at 7:45 PM

Christine Brauer Mueller
Lawrenceburg Township