28 February 2022 Dearborn County Plan Commission Meeting Notes
Present: Dennis Kraus, Jr., Chairman, Russell Beiersdorfer, Mark Lehman, Joe Vogel, Jake Hoog, Dan Lansing, Jim Thatcher, and Eric Lang
ABSENT: John Hawley, former County Extension Agent left for a new job. The new Extension Agent started here Friday. Will probably be at the next meeting.
Also Present: Mark McCormack, Plan Director, and Andy Baudendistel, Attorney.
Baudendistel read the Title VI statement as legally required.
ELECTION OF OFFICERS- due to no January meeting is tonight. Keeping the current slate of officers. Kraus, Jr is Chairman Lehman is Vice chairman, McCormack is secretary. Baudendistel is still attorney also.
ACTION ON MINUTES - none
OLD BUSINESS: none
NEW BUSINESS:
1. Request: To re-plat the utility easements associated with part of lot 5 of the Reiner Acres Subdivision and lot 4 and part of lot 17 of the Paul Wiwi Subdivision Applicant: Seig Surveying Site Location: 668 Harrison-Brookville Road between the East Dr. and Reinier Dr. intersections Legal: Section 12, Township 7, Range 1 Township: Harrison Zoning: Agriculture (A) Size: 1.2 acres (Approx. Affected Acreage)
Mark McCormack said that he had left a message for Mr Reinier who may not have been notified. His neighbor was in the audience and he said that he had seen the notice and materials and he was OK with this. The applicant is making significant changes with platting easements. This is a moderate density subdivision. Section 288 requires this to be heard by Plan Commission. This subdivision is from the 1960s. The Noppert lands were combined in 2021. Permits were issued in 2014 for an attached garage and what was built did not match the permit. These then ended up in utility easement. There was another one like this later as well. They then contacted the Nopperts as an enforcement issue. They propose to move the utility easements around the area and still accommodate the 3 properties without encroaching on further improvements on the Noppert properties. There are two buildings encroaching on the utility easements shown in the pictures of the site that McCormack presented.
Rob Seig, Surveyor was there for the applicant, Mr Noppert, who works out of town. He pretty much reiterated what McCormack showed and the proposal to provide a new route for the easements. They did call 811 to be sure no utilities were in the easements currently. There is a route now that they could use if they did need an easement for utilities. This is an older subdivision that is built out so the likelihood of any easement or utility issues is unlikely. There is a neighbor present who has properties out there.
Public:
James French-( neighbor) There is a gas line to the one house on the right about 9 ft off the property line. This is a personal service line and so it does not require an easement per Seig. He just wanted them to be aware of this as 811 did not locate that when they came out.
Closed Public Discussion.
Plan Commission had no discussion. Lang motioned to approve the modification pf the plat and the easements as shown. Beiersdorfer 2nded. All ayes. Approved.
7:35 PM
2. Request: To address the Plan Commission to discuss a modification to one of the Written Commitments associated with the 2005 Plan Commission public hearing for the Harvest Ridge Zone Map Amendment—specifically with respect to a (proposed) significant reduction to the proposed density associated with the development and the corresponding traffic impacts and recommendations. Applicant / Owner: Maxwell Properties V, Inc. Site Location: SR 46 and Trojan Road intersection, with respect to the applicable written commitment Legal: Section 15, Township 7, Range 2 of Kelso Township Township: Kelso Zoning: Residential (DP) Size: 101.21 acres (Original Affected Acreage of ZMA area)
Mark McCormack worked here in 2005, but was not Director then. 340 units drawn but 198 were proposed. So there were 142 less units. The traffic study is at issue. They complied with the sewer service from St. Leon. One of the improvements was at Schuman and SR1. This year they are putting in a full signal there, whereas before there was not enough traffic for it. They always have to have INDOT’s blessing to do these improvements as it is a State Road. They needed update traffic information to see if the turn lane could be removed from the plan.
The code changed and now there are new regulations on this for changing a commitment.
The intersection pictures show that a left turn lane will be competing with R turners for site distance across the bridge there on SR46. Widening this road at the intersection may be problematic with the slope at the end of Trojan Rd. They are droppomgh the total units to 138. This is a nearly 60% reduction from the 340, and 30.5% from the 198. The school has rerouted traffic and times since this was done also. The letter from the county engineer acknowledges that improvement there at SR 1 will reduce the need for the SR46 side. Board is to decide whether or not the L turn lane is still needed.
71 letters sent on this to the subdivision owners affected.
Randy Maxwell-17 years ago I was still in my 20s. They made the $125,000 improvement at Schuman and SR1. And now there will be a light there soon. They were going to do more homes then and they are going to scale back this development. They are addressing this first before they go to the next agenda item that is also for this subdivision.
Public Comment:
Sarah Jordan- bought the old farmhouse across the way from this subdivision. The county owns a strip of land there in front of her house.It will remain ROW or if they will vacate it they usually offer it to adjoining landowners, per Eric Lang.
Closed public discussion.
Plan Commission- Jake Hoog said the sheriff’s dept has deputies directing traffic after school for the left turn issues. Eric Lang said the engineer
Jake Hoog motioned to release them from the commitment on the L turn lane from Trojan Rd onto SR 46. Lehman 2nded. All ayes. Approved.
8:10 PM
3. Request: Primary approval of the Harvest Estates Subdivision, a development proposal which involves the creation of 15 new single-family residential units as well as a waiver request to not construct sidewalks within the proposed development area, as required by Article 3 of the Dearborn County Subdivision Control Ordinance. The affected property involves changing the approved concept development plan for the Harvest Ridge Zone Map Amendment (from 2005). Applicant / Owner: Maxwell Properties V, Inc. Site Location: Approximately 4,000’ south of the SR 46 and Trojan Road intersection Legal: Section 15, Township 7, Range 2 of Kelso Township Township: Kelso Zoning: Residential (DP) Size: 45.662 acres (Affected Acreage of Primary Plat / ZMA area)
Mark McCormack- briefly went over the site. This is about a sidewalk waiver- to NOT have to put them in this section. Now they are discussing a new portion across DogRidge. There are 6 half acre lots and 9 larger ones. They were proposing twice that amount before. Cutting this amount in half. It will have sewer. This is no longer connecting into the Harvest Ridge West subdivision road. Originally they would be looking at curbs and gutters and sidewalks. This density is less and the sidewalks will not be connected to the rest of the development. This is not a collector or arterial road. Common areas are being removed. 15 acres is tied to these 15 lots.This is part of the total of 138 discussed in the previous Request by Maxwell tonight.It is proposed to be called Harvest Estates. McCormack noted that they don’t necessarily need to change the name as it is part of the original Harvest Ridge property. Sidewalks were required if there is 1 unit per acre. This is right at that threshold. This subdivision is less than 250 trips per day. If this is a stand alone area it is less than that. Maxwell is requesting a waiver from this sidewalk requirement. There is a sidewalk on the west side of DogRidge. On the east side there are none. There were pictures of the adjoining developments with none.
12 letters sent out .
Randy Maxwell- this is fifteen 120 ft lots. To be transparent , he plans to sell 5 acres or so to Sarah Jordan who owns the farmhouse there. This would skew the density numbers here. He said sidewalks need to be tied to curb and gutter. He notes that some times like in Park Place when a lot ions’t sold there is a disconnect with a sidewalks piece missing. There is likely only 32 lots on the entire 45 acres across from Harvest Ridge West.
Public:
Ellen Bulach- Where will the entrance be to go into this new part. He showed her the section and where it is in relation to her home. She likes farmland, but knows it won’t be that. She also wants a fence between the subdivision and Sarah Jordan’s property.
Sarah Jordan- Thanks for opportunity. I work in real estate as my livelihood. It’s a very emotional thing for me and I bought Ellen Bulach’s house. I want to see it done correctly. I want my view off my balcony. Maxwells are willing to work with me to help preserve my view by selling me some of this land. Thanks Ellen- I would like to have a fence between my property and this.
Closed Public Discussion.
Plan Commission- There are 2 things to discuss- the waiver on sidewalks and also the Primary Plat. There are things that were part of the original rezone and plat plans that are not going to happen now. Eric Lang said we often do not have someone who wants to reduce density. This may fit better with the rural area. Lehman- Mark McCormack has told us before to we look at intermodal connectivity and correct the sins of the past. There is a school there and connecting to this with all this space to do it would be a good idea. He sees the north section later and getting closer to the school. Lang said this is a single dead end street that has no chance of connecting anywhere else. The road is a dead end- so you can walk on the road. Lehman is trying to connect this side of the 45 acres with the side north of it.
Neighbors commented on this and noted that the sidewalks are not used even in the current development. People walk in the streets. Maxwell noted that the cost of the sidewalks is borne by the owners. There are areas where it would be nice to have them but not in this 15 lot area.
Beiersdorfer moved to grant approval for the 15 lot subdivision on a cut de sac. Lang seconded. All ayes.
Beiersdorfer motioned to grant a waiver for no sidewalks as there is low volume cut de sac street. Lansing 2nded, All ayes. Approved.
9:05 PM
ADMINISTRATIVE To review and discuss proposed ordinance amendments the Dearborn County Zoning Ordinance and the Subdivision Control Ordinance, and to discuss other administrative items—including updates related to Planning & Zoning staff activities and projects- McCormack went over all the changes to Article 2 Advisory Plan Commission that he revised after the previous discussion of this Article. These are the rules of procedure that we are doing and clarified many as well.
Lehman motioned and Beiersdorfer 2nded to forward these changes to Article 2 with favorable recommendation too the Commissioners. All ayes. Approved.
March 28th is next meeting. 2 items on the agenda. They plan to have another separate meeting for the Zone Map changes. They may be able to get it in one meeting.
Have a lot of people who want the administrative position here. They have 30 plus applicants. Interviewing.
Meeting adjourned at 9:35 PM
Christine Brauer Mueller
Lawrenceburg Township
