23 April 2018 Dearborn County Plan Commission Meeting Notes
Present: Dennis Kraus, Jr., Chairman, Russell Beiersdorfer, John Hawley, Mark Lehman, Jake Hoog, Bill Ullrich, Jim Thatcher, and Eric Lang
ABSENT: Michael Lynch
Also Present: Mark McCormack, Plan Director, and Andy Baudendistel, Attorney.
Approximately 115 people filled the meeting room. Register Publications and Eagle Radio covered the meeting.
Title VI statement was read by Baudendistel as legally required. He also encouraged all participants to be respectful of the board and also to speak up as we are using a miniature recorder. The county recording equipment was not working.
ACTION ON MINUTES- no minutes to approve.
OLD BUSINESS:
Steve Cahill- Abercrombie and Associates- Vacation request on Lots 3 and 71 on Einsel Rd near Boardwalk Dr on 19.93 Acres in Harrison Township Ag and Residential.
Mark McCormack presented. The Board did not require McCormack to go over the material from the last meeting again.This request was tabled at the last meeting due to some notices not being received. Some more information was received from the applicant regarding a concept house plan. They also received a letter from Robert Ewbank regarding his clients who own lots 1 and 2. The letter reiterates issues discussed in the last meeting.
Steve Cahill from the Ohio based survey company spoke He also said that they had employees licensed in Indiana. He noted that he was not an attorney and he is a licensed surveyor in Ohio and Kentucky. He noted that non- buildable lot 73 doesn’t mean houses can’t be built on it- just that it has to be combined with another lot that has access. He went thru the code and he thinks that they have met the restrictions.Item F of the code - the conditions in the area changed- because the lot has been transferred to the adjacent owner. This does not in his opinion diminish the land value of the neighboring owners. In answer to Mark Lehman’s questions Cahill concurred that there will still be just 2 lots - the boundary will change to allow the house to be put in the appropriate spot.
PUBLIC: Jeff Everhardt ( sp?) - Owns Lot 72- He said he has no issues with this plan as stated. They only wanted to be sure they would maintain the tree line for privacy in that area.
END PUBLIC
Eric Lang had questions about the other covenants and whether they would be no longer adhered to if these lots were vacated and no longer part of the subdivision.
Baudendistel said there were specific state code regarding the covenants. These had to be addressed. There are issues with adjoins sharing driveways with Lot 3- what happens if Lot 3 no longer exists and there is a new lot created and renamed?
Joe Madden- spoke to Maxwells when they purchased the land and had an email back to him regarding the unbuildable lot that stated it was only to say it was unbuildable due to lack of access- but that it could be buildable.
IC36-4-7-14 - has to be adhered to per Baudendistel in answer to Kraus, Jr.
Lang said that replats in the tristate normally do not absolve them from the covenants.
Baudendistel kept going back to the one property owner has already sought out a lawyer (Ewbank) and they could end up in court.
Lang is adamant about keeping the covenants intact and has no problem with what he wants do. He just doesn’t think this is the way to do it.
Cahill said that they elected not to do replat because staff advised them that they had to get all affected owners to sign off on the repeat to get that done. So they went with the vacation procedure.
Board- Eric Lang asked about the original property owners being able to put even the original house on that lot if they had wanted to.
Mark Lehman had big issues with people just vacating green space. He gave a personal example of that.
Kraus Jr. also had no problem wit the intent. But he sees no way they can do this and get around the state code. Beiersdorfer agreed with Kraus, Jr.
Madden had noted that no other neighbors were here against it.
Baudendistel said that the letter from that neighbor’s attorney preserves their standing to appeal the decision.
Board reiterated individually that they have no problem with the idea- but not this way.
Lehman noted that 1 of the 3 criteria in the state code could allow them to do this. And they would have to deny on all 3.
Ullrich motioned to table the request so he could get a response in writing from the objecting neighbor. 2nd by John Hawley- All ayes. TABLED.
8:35 PM
NEW BUSINESS:
Court King- Blind Hunting Club LLC Zone change from Ag to Residential for 186.776 acres on Yorkridge and Bonnell Roads in York Township
McCormack- presented. He briefly explained how a zone change occurs. What we have tong does not have concert development plan. This forces them to consider it as the highest possible Residential use. The result is a RECOMMENDATION and it goes to the Commissioners for a final approval or denial. A rezone does not give them all the info they need to do a review of the development itself. They can involve primary plats of the development. They may have waivers requested, etc. He let the audience know there is more review of the development all along the way. Stormwater has to be addressed. The third stage is a secondary plat stage. All the necessary improvements have to be completed or they have to be bonded. Lots can be transferred after that has occurred.
Is the land appropriate for R or not is the question tonight.
Staff report page 1 tells the findings required by law for a zone change. Because there is no concept plan so reviewed on maximum possible allowances.
Map shows to the south is the railroad and an existing cemetery near another western border. Existing zoning in the area is higher density in the town of Guilford itself. Orthophotography shows the 3 improvements on the property and the high tension lines. They are not considering any of the adjoining property also owned by Blind Hunting Club LLC as it is not part of the request. 28% grade and also a 30% grade and a 33% grade on sides of the property. this relates to the moderate and steep slopes portion of the ordinance. They are requesting 100 units. No traffic study was submitted. Anything that generates 1000 trips per day would require a traffic study. One will have to be performed at some point unless the lot count drops dramatically. This could be required after the zone change as a written commitment before the primary plat approval. They also need to look at the intersection of Bonnell and Yorkridge and also at Washington St. Common slip area on SR 1 towards Lawrenceburg. This comes close to doubling the traffic impact. Residential zone allows maxim 4/acre , but this will be .54 units per acre. They need it to be specified as SINGLE family units on this. Topo map - slopes over 20% should be avoided per the code. We do not know where they will be placing the homes, so we would need a geotech analysis when this is being exceeded. Let 2 pages 7-8 show the steep slopes issues. There is about 1/4 acre in the 100 year flood hazard area. Cemetery is there in that area. Yorkridge Road 18.5-20.8 ft wide. 1185-1498 vpd. Sewer is proposed by DCRSD as they will cooperate- all costs will be at the expense of the owner, developer or others. They have to put homes away from the high tension lines and the steep slopes. Need an acknowledgment that mobile homes will not be considered. BZA would review other possible items. Listerman did check site distances at the 45 mph speed limit on SR1. He also checked the intersection with Yorkridge and North Dearborn its OK at 30 mph. Disclaimer that people don’t drive that speed often. 13 public comments received. 22 letters mailed out.
McCormack showed pictures of the land and the entrances that exist now. He had a slide of the existing issues. Public sewer is needed. They also want a new legal description of the land.
Hawley asked about the mobile home commitment. McCormack said that they would need to get that in writing. Thatcher asked about a traffic study as he said the commissioners do not have the expertise that the PC has in its members.Lehman asked about street grades allowed. Max street grade is 11% at 40 mph with 22 ft of pavement in the ordinance. Panhandles can have a 15% private street grade. Ullrich said they are all in agreement that the traffic needs to be done.The sewage needs to be done. Who are the “others” who will be providing or helping pay for this. Three options- go to Lawrenceburg, go to Greendale, or package plant.
Almost all the utility and infrastructure letters say they will work with it but the developer has to pay for it.The Miller York Fire Dept had several good questions in their letter about the development and the water supply etc. Lehman asked if we can require those items for a rezone- YES with this large amount of development. Greendale sewer and water comes up around Salt Fork and Lawrenceburg has it to Perfects.
Bales from Herzo Engineering presented for the applicant. He said that geotech and traffic studies will be done. Currently water n Yorkridge. Committed to 100 units. Slopes and the power lines use up a lot of the land that is unsuited for development.
Sewer studied for DCRSD and tehy had the 3 options. Sewer district can negotiate with the cities for sewer. 100 ft ROW on power lines. Takes about a year to do permitting and engineering At least a nine month construction to get to the first home building. He thinks the county has a housing issue for affordable homes.
Thatcher said if it were not developed in 5 years he’d like to see it revert back to Ag.
PUBLIC DISCUSSION:
Amanda Vinup Noel- Washington St in Guilford. What will these homes sell for? (affordable homes?) P 148 DC Comp Plan- shows the grading and all the valleys. This is a 30% grade. School district letter- public schools do not turn down students. They do not have enough bus drivers right now. They have enough room- but perhaps not enough busses. 471 dwellings in York Township. She asked what a written commitment is? It’s like a contract signed by the developer, Plan Commissioner, and Commissioners and recorded in Recorder’s Office. These stay with the property even when sold. She said this is not a not in my backyard issue- it’s a safety issue. There is brush and there are visibility problems. She said average pay is $9/hr- so they should have homes for people who live here- not people in Cincinnati to move here.
Jim Gowdy- What impact will this have on our property taxes in York Township? McCormack said Fiscal Impact model updated for our data. We can run scenarios for whether it will have net benefit for the county. Need home prices and number of units. Trying to schedule something with OKI to do this in May maybe sometime. Assessors office uses the state’s formula. This generally has an impact on the value of your property.
Peter Lewis - This sewer proposal is a joke. Can’t have a plant in the middle of the subdivision. Have to be looking at G-dale or L-bg. There are too many unknowns here. We shouldn’t do anything without knowing more.
Milton Bridges- Lives south of the property. Runoff from that goes right behind my house and straight to Tanners Creek. Anything they do up there will be running into Tanners Creek. I don’t lie the traffic for the area going down to Collier Ridge area. Bonnell is falling into the creek. The others refers to us- the sewer will have to charge people more. The water companies have to charge more. Schools. I moved out to a rural area. I don’t want the traffic. The new people might not like the way we live here. Will they try to limit us. Do we need that growth. Are we going to hurt these people here for a profit for people living in Utah. It is about the people that live in Dearborn County. I’d like to know who the secret partners are. Are we doing it for them or the 471 people in York Township .
Thatcher and Beiersdorfer noted pig farms win- due to right to farm laws.
Greg Callahan - Chief of Miler York FD- asked if Lawrenceburg EMS has been notified about this? (His letter for FD and EMS has other good questions regarding water line size and hydrants- in the packet for PC members)
TJ- referenced comp plan- Future land use. Purdue- showed for every $1 cost it’s $1.18 and for ag its $0.21. It is not recommended to convert Ag to R to balance budgets. Comp plan- put development where there is infrastructure. Sunman FD will also be strained by this. Quality of life is important. Historic sites- the Covered Bridge - will be affected by turn lanes from SR 1 and Yorkridge. Significance of preserving Ag land. They can bring speakers in on this too. He does not support this proposal.
Beiersdorfer said Farm Bureau is represented on this board by himself. Doesn’t like to see so many mini ranches. Broken up enough that it can’t be farmed.
David Escue sp?- Said the people want them- the board- to be their voice and help them preserve what they have.
Ullrich commented the group for their decorum and respect for each other.
Beiersdorfer- grew up in this area and hunted 'coons on that farm.
Amanda Vinup Noel- wanted to know what the developer was willing to pay for- including paying for the sewer hookup for Guilford residents who could lose their homes, that are worth little more than the sewer hook up fees.
TJ - showed the population actually is decreasing in the county. Young group out of county and over people needing assisted living. What days do they have for the need
Rick Lonneman- how does the Railroad figure into all of this? Board said they were notified.
Vicki Stephens and husband Terry- live by the cemetery. Loren Huddleston said he’d never fence it and she is now concerned that it is sold - now what happens?
Kevin Wilson- what about stormwater. The park floods 2-3 times a year. Kraus said they address run-off at development stage.
Josh Jackson-new to the area- bought the old stone home. It’s a historic home- registered. How do you think 186 acres should be R when all around it is Ag?
Jim Gowdy- wants the traffic study now also.
Brad Hutchins- Left Bright 18 years ago to get away from the traffic etc.
Amanda Vinup Noel- have over 350-400 signatures against this project. Please Table this project
Doug Ziegler- safety is a big concern. 500 miles of roads in DC and we cannot take care of it now. He works for HWY Dept and he drives all the roads in DC.
Letter passed out to board from audience regarding Fox Rd and not being resurfaced.
PUBLIC DISCUSSION CLOSED
Kendall Bales from Hrezo- $ market target over $200,000. Like Woodridge Subdivision. He really doesn't know the price. To do smaller lots- needs a rezone. Greenspace will go to POA for land that cannot be developed. Traffic concerns will get recommendations for fixes and investors will pay. If the investors don’t fulfill those- then it doesn’t go. Lang asked extensive questions about sewer-reply was the developers will do sewer at their cost. [NOTE: These have to be expensive houses and land prices if Blind Hunting Club LLC has to upgrade all this infrastructure at their expense.]
One Dearborn is Bales's source for why Dearborn County needs more housing. And what is One Dearborn's source?
Lehman- we need more than we are meeting the goals of the comp plan other than - "we just are." There is just not enough in the findings of fact to satisfy the state's criteria on the goals for zone change. We all have to rewrite findings of fact depending on how we go on this.
Lang- said there are a long list of questions out there without real answers from the developer.
Hoog- says - that is a rural area. He does not think it’s the most desirable use for the area. Will it conserve property value- that depends. IF sewer was there and water etc it might be responsible - but it's not there. I consider it rural.
Thatcher- we should do traffic study and due diligence on that. We should table this to get those studies- so we can make an informed decision.
Beiersdorfer -Motion to table and 2nd by Ullrich- TABLE for items needed before they come back: Sewer priorities, traffic study, comp plan and findings of fact, target market, (as Woodridge home sold was about $350K actually when board members looked online at the meeting), EMS providers, etc. All ayes to Table for the above information to be brought back.
This probably will not happen until at least June 25 at the earliest.
I left at this point:
11 PM
ADMINISTRATIVE:
Zoning and Subdivision Ordinance changes
Comprehensive Plan Update
Meeting adjourned at ???
Christine Brauer Mueller
Lawrenceburg Township
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