26 March 2018 Dearborn County Plan Commission Meeting Notes

26 March 2018 Dearborn County Plan Commission Meeting Notes

Present: Dennis Kraus, Jr., Chairman, Russell Beiersdorfer, John Hawley, Mark Lehman,  Michael Lynch, Jake Hoog, Bill Ullrich, and Eric Lang 

ABSENT: Jim Thatcher

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

Baudendistel read the Title VI statement as legally required.

ACTION ON MINUTES-  January 22 and February 26,  2018 minutes approved. Bill Ullrich abstained from the January approval as he wasn’t on the board at that time. Michael Lynch asked to abstain also. 

OLD BUSINESS- none

NEW BUSINESS:

First Request:

 Zone Map Amendment from an Agricultural (A) to a Residential (R) Zoning District Applicant: Maxwell Development, Inc. Site Location: Raiders Ridge Drive, near General Drive and Steele Road Legal: Sec. 29, T7, R1, Map #01-29 Township: Logan Size: Approx. 11.02 Acres of Parent Parcel - McCormack presented the background as stated in the packet materials. The existing land use map of this area is being revised and updated to show the residential uses added. The area is surrounded by a fair amount of other residential use. Rezone area is not a steep slope as per the contour map. The area on 3 sides of the proposed rezone will remain Ag. Max buildout was for 182 its in 2006, re-approved in 2009 for 87 buildable Now the projected buildout is 69 units. Letters for utility providers are OK. Suggested the board look for a written commitment for the rezone as to the number of lots. Traffic study was for 200 units back in 2006 so the number of lots is under that traffic study numbers. More details when the primary plat is submitted. Written findings of facts were prepared by the applicant. Nothing is in the flood plain. Mt Pleasant Road is the main road accessing this and is adequate. Sewer is by St. Leon. County Engineer had no issues with access from Raiders Ridge Drive. Also existing ROW form Calvary Crossing. 5 letters sent to neighbors. One was not picked up at the post office. McCormack then showed pictures of the site. 

Board question- Lehman asked about the landlocked piece adjoining that and if it had access- Yes.

Randy Maxwell- said he’d answer any questions. 11 acres and 12 lots. There are also 2 homes (one existing) built in the Ag district around this. PUBLIC-

Sandra Weisberger- her family didn’t want her to come. They got access to the private road. 

She wants to have Steele Road connectivity and wanted access to the new road going to the west. Maxwell said that they made a private drive to access the Weisbergers and the 6-7 homes on that private drive. 

Cindy Harding- daughter of Sandy Weisberger- showed all the other roadways thru the parcels or near it- Steele Road and Lutz Road. 

McCormack- said the basic question is the rezone- and access is considered at the primary plat stage. The road configuration will be considered then. The improvement plan gets it more refined. 

End Public

Lehman- said we have some work to do on findings of fact. He thinks the answers need to be more detailed. He wanted to see topography added as a reason for making the lot area Residential vs. the steep area staying Ag. 

Lang- thinks the rezone is straightforward as it’s a progression of what is already there. 

Hoog- doesn’t think  farmer would do anything with 11 acres in the middle of residential uses anyway. Topography limits some of this. 

Kraus, Jr. Asked if the findings of fact had to be part of a motion. Baudendistel said that the staff puts those together before the request goes to commissioners. 

They wants to put 13 lots in the motion tp be sure that all are accounted for even the ones in the Ag section. 

Lang motioned for a favorable recommendation to rezone the 11 acres to R based upon 13 lots approximately as presented. Ullrich 2nded. All ayes. They also wanted commitment that no more than 13 lots will be on the 36 acre parcel as Randy Maxwell suggested. Lang motioned for that and Ullrich 2nded. All ayes. 

Randy Maxwell commented to the board that the findings of fact questions were extremely subjective in his opinion. He could see how others could argue the opposite depending on their perspective. Land said it did give the applicant a place to plead his or her case. 

  

 Second Request: 

Vacate a portion (2 lots total) of Phases 1 and 3 of the Park Place Estates Subdivision Applicant: Steve Cahill / Abercrombie & Associates, Inc. Site Location: Lot 3 and Lot 71 Ag, Einsel Road near Boardwalk Drive Legal: Section 35, T7, R1, Map #01-35, Township: Harrison Size: 19.93 Acres (Total) Zoning: Agricultural (A) & Residential R

McCormack presented packet info and slide of the area. He went over ll the replays of this development. Non- buildable means not putting a home or business there. You could put barns etc. Maxwell developed this and they sold these additional acres to someone who had an adjoining property. The owners live on lot 3 and the new home would be on 71. They are trying to get something to be able to be built on a non-buildable lot. 11 letters mailed. 3 were received- the rest came back. There is a house on lot3 and none on 71. This is a first step to redoing the lots. which are next to each other. They would vacate the lots and then not be part of the subdivision. They can then decide if and where they can build a 2nd home there. One of the neighbors in the audience said there is no homeowners ass’n in this development. Lang questioned why this wasn’t just a replat and not mess with deleting the homeowners ass’n or restrictions and covenants. All of Section 3 was notified. 

Applicant:

Steve Cahill of Abercrombie Associates— applicant representing Mr and Mrs Madden tonight. They want to build an additional house for the mother-in-law. The deed mentions on Lot 71 covenants and restrictions. Maddens do not pay any homeowners ass’n fees. The only thing that kills their plan is that its a non-buildable lot. The home site will be on the lot 71 and lot 3 line. 

Joe Madden- wants the mother-in-law who has health issues close by. House will be similar to the rest of the neighborhood. They took this approach on advice of the staff at P&Z. They have owned the house since 2015. It was already built. 

PUBLIC- Helmut Keinz sp? - no problem with the plans- just the lack of clarity. There are restrictions and covenants- but there is no way to enforce them really. Previous owner had heavy equipment back there before. They had ATV’s etc. He has no problem with the plans as presented. Joe Madden said it was an excavator to move some trees that fell over. 

Close Public off.

Discussion from attorney is to table this until the neighbors around 71 are ok with it. They thought they bought a house next to an empty lot. So they need to be notified by regular mail now. Lots of discussion and then the Board decided to TABLE and notify neighbors before the April meeting. Only new material will be heard in April. 

9:45 PM

 ADMINISTRATIVE:

To review and discuss proposed changes to the Dearborn County Zoning and Subdivision Control Ordinances, regarding Zone Map Amendment Applications - follow up  to previous work and this is for them to look over. 

To review and discuss proposed changes to the Interlocal Agreement with West Harrison, with respect to expanded planning and zoning-related services  -signed already so PC signs now and takes it to the Commissioners and Council. 

Comprehensive Plan Update - interview set for Public Safety with Jason Sullivan, EMA director. Tried to reach out to Sheriff’s office.  Kreinhop is not responding so it was suggested by McHenry that he interview Lusby- former sheriff for this element. 

One case for April- and it’s half the size they originally talked about.  

Notifications for rezones- some don’t want to submit concept development plan. This subjects them to maximum allowable use. He has looked up the minimum amount of notifications needed. Most are making it 600ft or 2 ownerships, whichever is less by the land proposed. 

Meeting adjourned at 10:05 PM

Christine Brauer Mueller

Lawrenceburg Township