28 July 2014 Dearborn
County Plan Commission Meeting Notes
Present: Mike Hall, Chairman, Dennis Kraus Jr., Russell
Beiersdorfer, Mark Lehman, Mike Hornbach, Art Little, Jake Hoog, Dan Lansing,
Jim Thatcher
Also Present: Mark McCormack, Plan Director, and Andy
Baudendistel, Attorney and planning staff, Vinnie Fazzino and Nicole Daily.
There were about 25 citizens present in the audience.
NEW
BUSINESS
REZONING
REQUESTS:
1.Request
by Daniel Badinghaus for 4.2 acres in Miller Township on the northeast corner
of the Stateline Road and Bond Road intersection from Res to RESTRICTED B-1 for
a woodworking business and office. Mike Hall stepped down as he was
the surveyor on the project. Dennis
Kraus, Jr. took over the meeting for this item.
Mark McCormack- Planning Director: This has been
platted for R use but only one house suits on the property. There was a church
here. There are 3 entrances to the site. Proposed office use is in the house on
the property. There were issues with the sewage disposal system a while back
when the church was there. The staff looked at the parking lot and whether it
needed improved. The entrances might also need improvement if the business
becomes larger. One of these entrances is gravel. There is a proposed storage
area on the back side of the church building area. The commissioners will
ultimately decide if the rezoning occurs based on the recommendation from the
Plan Commission. They usually do that in an evening meeting so that the public
can attend. There has been discussion that there is an intent to provide public
sewer and trying to work it out with LMH and the DC regional sewer District.
Fire and EMS have not provided a letter even though the owner has tried to
repeatedly get that. Anything that is allowed in a B-1 would be allowed here
possibly and that has to be considered. There is no landscaping proposed for
the outside storage area along Bond Rd. Terrain is not an issue- no steep
slopes. County Engineer letter said that the roads are sufficient to handle the
business as proposed. However, if another use is proposed a traffic study may
be required. Lighting etc and other things could also be issues if the business
changed. 29 letters were sent to anyone within 500 ft or an adjoiner. 25
receipts came back.
Terry Hall presented for Mike Hall Surveying. There
are no new buildings or parking areas to be added. The house may be an office,
the existing gravel is to be used to store a truck, a van, and two 18 ft
trailers. There is some building blockage covering the storage site. The
sanitary sewer is still in the talking stage. If not the vacant lot between the
house and the church will be used for that. It would be pump and haul. There are several businesses along Stateline
Road. The size of the site will limit the uses for future owners and also the
septic tank issue. The county would be in the position to approve or deny any
future business that goes in there. This is presently classed as a commercial
building on the county assessor site. 3200 lineal feet to the sewer line by the
school. Badinghaus said he has 4 employees. They hope to get more automation so
as not to have to hire more than a couple more people. Board members asked
about other things that could go there. Repeatedly questioning the options that
would not be suitable to the area that he isn’t considering- but someone else
might should he sell it. Lehman said he could strike 22 of the 39 uses to make
it OK for the area. McCormack also went over that concept. They seem to want
the applicant to make up a self- limiting list to impose upon this.
Baudendistel said that they need to have a list for commissioners to consider
because the commissioners will probably not put any additional restrictions on
this- they will depend on your recommendations.
Board took a 5 minute recess to allow the applicant
to consult with his surveyor. He is considering what to do about restrictions
being placed on the B-1. He decided to ask the board to give him a list of what
they want stricken and then table for a month for him to consider that. McCormack
encouraged them to be self limiting and not use the board meeting time for this
type of discussion. That is inefficient. Terry Hall asked for what their main
issues were- besides traffic generators. Lehman outlined retail and anything
with long hours or lighting issues.
PUBLIC
Discussion:
Mike Sitke ( spe?) – Bond Road- Asked if Light
manufacturing wouldn’t be more appropriate. Concerned about dust generation.
Noise and motors etc. Moving equipment on the property as neighbors that work
night shifts. There is a hidden dip on the driveway along Bond Rd. He showed it in one of the
county slides of the area.
Jed Belvin- lives across the street. He works shift
work. Wants it quiet. Concerned about the future uses.
Harold Hall- Bond Rd. wanted to know what kind of
shop. ( A cabinet shop- working 7- 5PM. Asked about planers and pneumatic
tools. Noise travels more when there are leaves off the trees. They also had a
problem with church noise in the winter. Also concerned with dust.
Sandra Wykoff- Bond Rd- live by the dip in the road.
Built a home 10 years ago. She doesn’t see wood working in the B-1 list. It’s
more of a M-1. It is listed as a conditional use in some areas. Husband ill-
and concerned about noise. She has seen Hoosier Wall Bed Co and other trucks
and trailers going in for the last couple weeks. She reiterated some of the
other issues.
Others said their issues were already covered.
Shirley Gardner- She and her husband put this
subdivision together and we have restrictions on his subdivision. There were
protections such as only one unlicensed vehicle per lot. This was to keep it a
clean quiet neighborhood. She said that on Tracy lane it is hard to get out on
Stateline Rd between 3-6 PM. Most neighbors own a dog. If you have ever heard a
planer run- you know it will have every dog going off just like the sirens do.
She is sorry she sold to the church now- and apologizes to her neighbors for
that. People moved here to get away from all the noise etc. Bright now has
enough businesses. The people that lived here for years- did not ask for all
these things. New people bring in all these extra items. She agrees with her
neighbors that spoke before. This place was advertised as B-1 business- but it
has not ever been that before. This is like opening a can of worms.
Brigid Essert- Stateline Rd- right across the road.
She is not worried about Badinghaus- but what else might happen. She is also
concerned about noise as the church building does not contain noise well. There
is no sound barrier.
Chris Mueller- asked about where this could be a
conditional use as McCormack had mentioned. (Answer- Ag zone) I also pointed
out that was the only way they could restrict this to exactly what the
applicant proposed and make it stick.
Sandy Wykoff- also- pointed out that it was a
property value issue should they ever want o sell their homes around this.
They
tabled public discussion and application until the August 25th
meeting.
[NOTE:
It is unclear why woodworking business is not listed in any primary business or
manufacturing zone. If the owner is concerned about growing his business and
also about selling his business or property, then this should be located in an appropriate
zone. This may be shoehorning a potentially good business into an inappropriate
location or perhaps inappropriate building. ( noise and dust issues)]
2. Request for 905 acres involving
the Oxbow owned and leased properties (from M-3 to Ag).Oxbow is represented by
Tim Mara, Attorney. Site location is in Hardinsburg in Lawrenceburg
Township. The entire area is in the flood hazard way or flood plain. There was
some issue for Lawrenceburg Levee and want to leave zoning as is. DNR property on both sides of the river- with
about 6 plus acres and they said they were probably OK with the rezone. BUT
they have not responded to the letter officially yet. US 50 and I-275 were
listed as main roadways- no sanitary sewers proposed. He discussed surrounding
property uses. 45 letters sent out and 37 came back.
Tom Mara- presented and Ed Gemperle- treasurer and
board member. He is also joined by three additional property owners. Oxbow
began acquiring the property in 1985. These are two contiguous aggregations.
They feel uneasy about advocating for the flood plain and yet having it zoned
M-3. Sedler, Pope and Graham-Undercoffer were the 3 additional owners. The
request is consistent with the master plan. They lease hundreds of acres to
local farmers. Thousands of people come to this nature preserve and there is no
cost to taxpayers. It would be the area’s largest park- if it were publicly
owned. They are not asking for anyone else’s property to be rezoned.
Public Discussion:
Mr. Bernard- owns the lake area- wants it to remain
M-3.
Don Bernard- owns the property by the Whitewater
River and RR tracks – also wants his to remain M-3.
Melissa Lake- lived in Hardintown and wanted to see
what was included on the map. They showed her.
Mike Hall asked about the buffers required for M-3
to Ag if this passed. In the new zone code it will a smaller one than before.
Some of these are already grandfathered. Discussion was held with board and
McCormack about the boarder. This already happened when Bestway disposal went in. The bufferyard is pretty reasonable.
Even if they developed today they would have
a bufferyard to deal with. It will be about 60 ft. Baudendistel asked if
Greendale was consulted as an adjoiner. MCcormack talked to Lampert and they
know it is happening. Mara said they already have conservation easements in
most of this. He also said that they would have no problem splitting that
buffer zone. Minimum lot size in M-3 is 5 acres. Minimum district size if
asking for a rezone is 50 acres of M-3. (This answered the Bernard’s question)
The
board gave a favorable recommendation to the Ag rezone for the area with the
map as currently submitted and including them splitting the bufferyard with
their M-3 neighbors. They believe it is the best use and responsible use of the
land and that it conserves property values and conforms to the reasons for zone
changes. All ayes. It will probably be the 19th of August meeting
for the Commissioners to consider this .
ADMINISTRATIVE:
Tucker
Development Old Orchard Subdivision improvements and financial guarantees.
According to reports, the street improvements are complete but Todd Listerman,
Dennis Kraus Jr., and Mark McCormack need to check it and also check on the
stormwater system and improvements. $25,000 was in escrow in Jan 2013 with
Tuckers. The final work was to be done by June 30, 2014. Section 3 was to be
reduced. Otherwise they keep the $25,000 and call in the bond. They have been
working with Tuckers. Sections 1-3 were inspected and they have the report.
Jeff Tucker said they didn’t get the 7/22/14 email with that. There are some
items that still need to be finished- but they are better than last year.
McCormack read a 2 page punch list that was needed to be done- and about
$10,000 worth of work per Listerman’s estimate. Kraus said there were retention
areas grown up with weeds, some sign issues because the road ends now instead
of going on and some energy dissipaters that were not installed.
McCormack said he normally would be calling in the
bond next week. Do they want to have him do that or have deadlines or have him
financially guarantee the remainder? Be flexible or call in the agreement as we
are past the time?
Jeff Tucker- said they have “substantially” complied
with the document that they signed. Though they did not meet the June 30
deadline. They were ready for O’Mara but they didn’t get there by June 30th.
He thinks Todd Listerman’s estimate is accurate.
They don’t want to renew the bond. They do have $25,000 in escrow- and the
$10,000 is under that limit. Discussed the details of how much it will cost if
the county has to do it. Kraus Jr. and McCormack were quite firm with Tuckers
on the issues needing to be addressed. [NOTE: Tucker stating he has
substantially accomplished his part of the agreement seems disingenuous. He is
NOT finished and in fact seems to be somewhat demanding that his money be given
back ASAP. The PC has to protect the county and not get stuck holding the bag-
as happened in the case at Sugar Ridge Planned Unit Development. There is also
more work for ucker to complete on another of his old subdivisions.]
It
was decided that the Tuckers and McCormack and staff and Listerman can meet to
get the details and amounts ironed out on Monday. There are issues with letting
the bond go if the county has more liability possibly.
Other
administrative items:
Applied for 9 homes to be demolished and will get
$25,000 if the grant is approved.
Comp Plan will have info sent out next week.
New website will hopefully be up in August.
There may be some side tracking with federal
changes.
Introduced Vinnie Fazzino- the new assistant planner.
Also will bring Animal Control ordinance for PC to
consider next month.
Vacation request in Wilmington and Badinghaus
request for next month.
Meeting adjourned at 10:15 PM
Christine Brauer Mueller
Lawrenceburg Township
