22 January 2018 Dearborn County Plan Commission Meeting Notes
Present: Dennis Kraus, Jr., Chairman, Russell Beiersdorfer, Mark Lehman, John Hawley, Jake Hoog, Jim Thatcher, Eric Lang
[NOTE: Dan Lansing asked to be replaced on the Board in December- Council has to appoint his replacement and seem to be leaning to Bill Ullrich. Art Little is replaced by new commissioner Jim Thatcher for the Commissioner seat. Commissioners have to appoint someone to replace Citizen member Thatcher, who is now Commissioner member. ]
Also Present: Mark McCormack, Plan Director, Nicole Daily, Ass’t Planner, and Andy Baudendistel, Attorney.
Baudendistel read the Title VI statement as required by law.
Dennis Kraus, Jr. continues as Chairman. Keeping the current slate of officers. Baudendistel appointed as attorney.
ACTION ON MINUTES:- December 18, 2017 minutes approved
OLD BUSINESS: none
NEW BUSINESS:
Request: Zone Map Amendment from an Industrial Three (I-3) to an Agricultural (A) Zoning District Applicant: Tim Mara, Oxbow of Indiana, Inc. Site Location: SE of U.S. 50 and East of I-275, adjacent to I-275 and the Great Miami River Legal: Sec. 1 and 12, T5, R1, Map #s 07-01, 07-12 Township: Lawrenceburg Size: Approximately 347.68 Acres Zoning: Industrial (I-3)
McCormack presented the case details. He took pictures with 2 adjoiners including Rick Pope who is BZA chairman.This property—Lawrenceburg Township, Township 5, Range 1, Sections 1 and 12—located immediately east of I-275 (and southeast of U.S. 50 and the City of Greendale’s corporate limits), and just west of the Great Miami River and the Indiana-Ohio State Line—is currently located within a Heavy Industrial (I-3) Zoning District.
During the Comprehensive Plan Update process, the Plan Commission staff identified the aforementioned parcels as being used for Agricultural purposes. According to updated analyses, the affected site is predominantly bordered to the north, south, and west by Agricultural Uses. The northwest portion of the site is within a ¼ mile of commercial uses in the City of Greendale. To the east, the site appears to be primarily adjoined by Agricultural Uses (but is also relatively close to the Duke Energy power plant near the confluence of the Great Miami and Ohio Rivers).
The Applicant’s proposal estimates that there will be no additional traffic impact to this site as a result of a zone map amendment, since the intended uses of the site are to perpetuate the existing uses on the properties—which do not include new development activities or improvements at this time. The campground activities that were on much of the site previously (by the prior owners) were discontinued in the last year or so, and are not intended to be re-established by Oxbow of Indiana, Inc. They are still removing some of the things from the campground and debris and it looks better for the new purpose.
Moderate and Steep Slopes: As stated in the Comprehensive Plan, slopes with gradients over 20% should be avoided for clearing, re-grading, or construction. There appear to be no areas identified in this project that are intended to be developed that meet or exceed this (20%) threshold.
Floodplain/Flood Prone areas: The entire site is situated within the 100-year floodway—as determined by the applicable FIRM Community Panel Map(s).
Transportation Infrastructure / Functional Roadway Classifications: U.S. 50, is a Category II Arterial Road—with a paved width ranging from 75 to 80 feet in the affected section of this roadway.* I-275, is a Category II Arterial Road—with a paved width of approximately 50 to 65 feet in the affected section of this roadway. The other access road (or lane) that serves this site would be the equivalent of a Category I Local road, with minimal improvements. Maintenance is unknown, but the right-of-way appears to be attributable to INDOT as the property owner and right-of-way authority for the areas adjacent to the access drive between U.S.50 and I-275 (in the City of Greendale). The transportation figures included in this section have been determined by referencing the Dearborn County Transportation Assessment. These measurements are not intended to imply that there are uniform conditions on the roadways referenced.
There are 6 billboards on the property with agreements in place for now.
Sanitary Sewer: There is no sanitary sewer service proposed for this site, as there are no anticipated development activities or planned improvements.
Technical Review Committee met to discuss this application at its December 18th, 2017 Meeting. As this Zone Map Amendment proposal involves no development activities or planned improvements—and due to the location of the site in the floodway—the Committee did not have any significant issues or concerns with this application, as presented. Please refer to the Applicant’s Zone Map Amendment statement(s) and enclosures.
Eight notices of the 12 were received. 2 were for Rick Pope and they know he received notice. There is a small area rezoned across the river there.
Tim Mara and Dr John Seymour- resident of Oxbow. Mara presented. Said he wouldn’t say much more. After their last rezone they acquired this property in September. This was property they had been trying to acquire for a long time. This will be an open space and nature preserve same as the rest of Oxbow. Volunteers have been helping them clear this from previous uses as air park and then campground. This is to return it to its natural state. It is entirely in the floodway. It would be very difficult to lawfully develop it. The structure they want to keep has a canvas roof. the quonset hut type building on the other end is being kept for the farmer when he is using it on the property at times. Ironically Oxbow fought the billboards years ago. They reduced the number to 6 at that time. They have to honor the agreement with the billboard company.
Dr Seymour said this preserve connects to what they own in Ohio is 5000 acres and 7.8 sq miles of preserved land. They think it will take 3 years to clean it- 15 tons out so far. They will restore habitat in the area. Miami Fort station has a cooling lake there.
No public present to discuss.
Board discussion:
Beiersdorfer said he was in favor especially as it is in floodway and they have cleaned it up a lot. Beiersdorfer motioned and Hawley seconded for a favorable recommendation . Thatcher asked if he was allowed to vote (as it goes to Commissioners next) and Baudendistel said yes. All ayes.
ADMINISTRATIVE
Discussion regarding proposed amendments to the Dearborn Co. Zoning Ordinance & Subdivision Control Ordinance - none are prepared yet- so Mark covered other items.
Year end report will be ready in Feb hopefully.
Commissioners will need to appoint a new member for PC and BZA or just PC and then one other member goes to BZA who is a current citizen member. Mark Lehman will take double duty if the new person doesn’t want it.
Findings of fact templates have been made up for cases. The PZ staff will fill out part one of that. The second part will be completed by the applicant. The questions are there relating to the criteria in the ordinances. One is for rezones. The other is for plats and waivers. Suggestion to add please explain for the questions so as not to get just a yes or no answer.
Driveway requests have been a big issue. they are trying to craft something to get tech review to handle a lot of these.
West Harrison interlocal agreement. They want to get more services including a master plan update. They are getting a new attorney. They will send over info- if the PC doesn’t have any major objection. One of the planners will have to attend all their meetings. It may take a year or 2 to get it done within the time constraints of the staff and their regular duties. He has a draft agreement for West Harrison. He will go to Council with it then for approval. West Harrison will pay more for these services. PC seems ok with this moving forward.
PZ has a new intern and maybe getting 2 of them. This is thru UC. So far things are going well and they have been able to do a substantial amount of work on the master plan map, digitizing records, and the comp plan. Will have some of this in February and the process moving forward. May have to meet with the advisory committee. Wants the plan done by the fall. Existing land use map will be getting together faster and checking quality control to make sure it is doing what it is supposed to do.
Stormwater ordinance is needed. Lang agreed. He said these rules are antiquated. They need some assistance and they have a firm that would be good for this.
Meeting adjourned at 8:15 AM
Christine Brauer Mueller
Lawrenceburg Township
