27 June 2016 Dearborn County Plan Commission Meeting Notes

27 June 2016 Dearborn County Plan Commission Meeting Notes

Present: Dennis Kraus, Jr., Chairman, Russell Beiersdorfer, Mark Lehman, Mike Hornbach, Art Little, Jake Hoog, Dan Lansing, Jim Thatcher, and Eric Lang

ABSENT: Art Little 

Also Present: Mark McCormack, Plan Director, and Andy Baudendistel, Attorney.

Baudendistel read the anti discrimination Title VI statement and  offered voluntary surveys as required by law.

ACTION ON MINUTES- none included in packet- so none approved.

OLD BUSINESS:

 Request: To address the Plan Commission to discuss modifications to both the concept development plan and written commitments associated with the ‘White Pines’ Zone Map Amendment

 Applicant: JDJ Surveying & Engineering / Owner: White Farm

 Development, LLC

 Site Location: North Dearborn Road Legal: Sec. 20, T7, R1, Map #01-20, Parcel #013 Township: Logan Size: 56 Acres Zoning: Residential-DP

Mark McCormack presented the background. 26 letters sent and 3 were still not picked up at the post office. Property was rezoned in Nov 2007. There were written commitments. Number 2 commitment is being requested to change regarding the buffers. They want to have no buffers if there are 56 or less homes. This is the sole nature of tonight’s meeting. They are to send a favorable, unfavorable, or no recommendation to the Commissioners. They submitted a concept plan and this will have to come back for review if the Commissioners approve the buffer change. Property owners have regraded the Short Road intersection per Commitment #3. This plan was at 75 lots before this changes proposed. 

Jeff Stenger- Surveyor represented Richard Schmidt applicant. He stated they have accomplished the changes requested on Short Road. They changed the layout to get the homes situated so that the backs of houses weren’t facing the road- but rather like a regular setup with the houses facing the road now. 

Lehman asked if the resistance was mostly from the Short Road neighbors who were looking at houses backyards. Stenger said maybe Glenn Crocker can answer that. The exterior lots are 1 acre lots and so there are less of them facing the road now. There is no buffer yard requirements for residential- but because of the former plan they had placed it on this that the PC wanted. Fronts of house face Short Road. They don’t think shared driveways are needed. Most are lining up with opposing driveways on the street. 

PUBLIC DISCUSSION: 

Glenn Crocker- 46 year resident of the county. We were concerned about density and the backs of houses. Stenger showed me the plan when he was out there. I told him that I could live with something like this plan. 

Steve Koons- It does look better than it did with 75 houses. Still concerned at Short and Gaynor maybe have  a3-way stop. Have talked with cops about the high speeds from kids after school etc. These are going to be our new neighbors- and kids fly on that road. Hoping to keep the sewer of Gaynor Ridge still as before. 

Bob Gaynor- concerned about drainage from etc development. Kraus, Jr. showed the darker areas on the map for detention ponds. That will be reviewed at the improvement plan stage. He noted the creeks don’t need any excess water. There’s about 1/3 hard surface in here and that could create a lot of water. Kraus Jr. said it should not exceed the current level of water per county ordinance. Mr Gaynor was also concerned about people driving fast on the road and farm vehicle safety issues. We are a farm area and there are cattle and hogs in the area and the people that buy these homes need to understand what that means. 

Tom Gaynor- already covered my topics. We’ll be at the next hearing too. 

END PUBLIC DISCUSSION

Stenger asked to address some concerns. He said he couldn’t drive the posted speed limit on Short Road. He asked Todd Listerman to perform another speed study. It was 40 mph and that’s too fast. The traffic will be changed dues to the reconfiguration also. 

Kraus Jr. said he’d talk to the county engineer about the 3-way stop also.

Beiersdorfer said this is fixing the need for the buffer. Lehman said he didn’t know how a berm could look nice and be effective as previously set up. Land said it could be dangerous for kids darting out between the berms. They are glad that is removed. 

Hoog motioned to send a favorable recommendation to the commissioners and Beiersdorfer 2nded  to have no buffer or berm required if 56 lots or less. All ayes. Passed.

NEW BUSINESS:

1. Request: To address the Plan Commission for the purposes of: 1) establishing a non-buildable lot to be transferred to a non- adjoining property owner, and 2.) creating a direct access point onto an arterial road which does not meet the driveway spacing requirements.

 Applicant: Ken Boatright, Boatright Development/ PB52, LLC

 Site Location: 2739 Harrison-Brookville Road Legal: Section 10; Map #01-10, T-7, R-1 Township: Harrison Size: Approximately 31.18 Acres Zoning: Agricultural (A) & Highway Interchange (HI) 

Mark McCormack introduced the staff report. It’s an existing farm access and he wants to make it a shared access for something commercial/residential. Most of the lot is Ag. There is an access across the RR tracks and on SR 46 across from Longnecker Road to access the farming portion. The shared access between lots 2 and 3 could have affected the farming portion that is mostly in the floodplain in part. He doesn't think the RR is in the flood plain. The farming side of the road is fairly flat. There is a little business there and some residential around the main buildings there. The farming area is labeled non-buildable. He showed pictures of the properties. He showed the ordinances involved in the waivers. Both waiver requests from Article 1 Section 160. The applicant’s written statement was very short. They also meet the state access site distance requirements if they keep it as stated. 

Lehman- asked how long it would stay non-buildable. McCormack said they would have to repeat it to change that and request. They weren't sure if sharing driveway would improve site distance, in answer to another question from Lehman. Discussion on site distance. 

Rick Mays spoke for Ken Boatright who was out of town. They want to build a pole barn to store landscape equipment. He said they do not really want to have the lot 3 as buildable- they want to farm and hunt there. He may be having 2 businesses- renovating and landscaping. Drive thru pole barn to bring equipment in or out. McCormack noted the high tension power lines etc. on the farm piece. 

Lehman asked about the pole barn on parcel 2 and options but was told they had traffic issues off parcel one with residences there.

PUBLIC DISCUSSION- none

END PUBLIC DISCUSSION

Land didn’t want another drive between the Ag drive and the one that exists already. Can we restrict it to being thru the panhandle? the people on that road most often probably know that it is there. 

Lehman said good size trucks need it to be there for site distance issues. Especially now that they are getting congested on that original property. 

McCormack showed the road access pictures at the site again at Lang’s request. 

Beiersdorfer- his whole intent is to keep his options open I think. 

Lehman is worried about a bunch of violations if other things happen in parcel 2. rather have one violation than a bunch.

 Kraus Jr. said that maybe they could restrict access in parcel 2. If they had another use they have to go thru INDOT. INDOT only considers the landscape AG use- but the county looks at it as commercial potentially. Hrezo had 600 ft and 870 ft as the 2 sight distances on this per McCormack in the packet.

Lehman motioned for the non buildable lot as shown on the drawing 2789 Harrison Brockville Rd to be transferred to non-adjoining property owner and Lang 2nd. All ayes. Passed. 

Lehman motioned to create a direct access with a waiver for driveway spacing at the same address as above with the condition that parcel #2 is directly accessed off the panhandle of parcel 3. Beiersdorfer 2nded. All ayes. Passed.

2. Request: To address the Plan Commission for the purposes of: 1.) establishing a non-buildable lot to be transferred to a non-adjoining property owner, and 2.) creating two direct, separate access points onto a collector road.

 Applicant: JDJ Surveying & Engineering, LLC/ Frank M. Brauer

 Site Location: Pribble Road Legal: Section 33; Map #06-33, T-6, R-1 Township: Lawrenceburg Size: Approximately 111.105 Acres Zoning: Residential (R)

Mark McCormack presented the staff report. He noted that the site distances are adequate per the county engineer. The surveyor will provide the actual site distances when the survey is completed. He presented all the pictures of the road access points. He talked about the family owning the 10 acre recreational tract and thinking about the future owners. He talked about the 100 trips per day for the collector requiring the approval of PC. Waivers refer to Article 1 Section 160. 24 letters mailed and 2 not received. One was American Tower. The other was Trinity Church. Some neighbors called asking about the request but not necessarily objecting to it.

Jeff Stenger presented for the applicant. Family farm being conveyed to family members now. He showed that there is no need for building lot on the 10 acre piece due to terrain an tower lines. He addressed the 2 accesses on the middle piece showing the terrain issues with the dividing creek in the farm. The site distances are met for all access points.

PUBLIC DISCUSSION- none

END PUBLIC DISCUSSION

Two motions required.

Lehman motioned to establish a non-buildable 10 acre tract on Pribble Rd and Beiersdorfer 2nded. All ayes. Passed.

Lehman motioned to grant 2 direct access points on Pribble Rd to a Category 2 collector and Lansing 2nd. All ayes. Passed. 

ADMINISTRATIVE- I left at this point so have no notes for the administrative items. 

Proposed changes to the Dearborn County Zoning Ordinance Subdivision Control Ordinance Discussion Item

Changes to Surveys, from Surveyors, after Surveys have been reviewed by P.C. staff & Deputy Surveyor

Financial Guarantee Report

 911 Project Discussions

Discussion of Inter-local Agreement update (Aurora, St. Leon, West Harrison)

Meeting adjourned sometime after I left at 9:35 PM 

Christine Brauer Mueller

Lawrenceburg Township