22 July 2024 Dearborn County Plan Commission Meeting Notes

 

22 July 2024 Dearborn County Plan Commission Meeting Notes

Present: Dennis Kraus, Jr., Chairman, Russell Beiersdorfer, Jeff Hermesch, Mark Lehman, Joe Vogel, Jake Hoog, Dan Lansing, Jim Thatcher, and Eric Lang

ABSENT: Joe Vogel, Eric Lang

Also Present:  Nicole Daily, Planning and Zoning Director, and Andy Baudendistel, Attorney.

Also present: Tamara Taylor, The Beacon

Baudendistel read the Title VI statement as legally required.

ACTION ON MINUTES- April 22, 2024 minutes were approved.  May 28, 2024 minutes were approved with typo correction.

OLD BUSINESS:

Request: Zone Map Amendment from Heavy Industrial (I3) to Planned Unit Development (PUD) Mixed Use Applicant/Owner: Hrezo Engineering / Lighthouse Point Yacht Club, LLC Site Location: 11042 SR 56 Parcel: #15-12-09-500-007.000-002 Township: Center Size: +/-56 acres Existing Zoning: Heavy Industrial (I3) Nicole daily presented the overview again for the board. Red indicates it’s all in the Floodway- Not the Flood Plain.She showed the existing conditions and the private roadways in the plan.Looking at the 2 view ports on the one side of the property and elevations. Permitting thru INDOT for the driveway and the ditch line. She showed pictures of the ridges for proposed housing and open space area. Added pics to show elevation differences. Staff recommendation regarding cars going off the road - had pics to show that area along the road. Supporting pictures of past floods were included from applicant. 

Board discussion- Proposed ditch is within the ROW but beaming is outside of that. This is partly for vehicles that could run off the road.

Mark Banschbach and partner Rick Bush who could not be here. This potential is $35-40 million when built out. Mayor Steve Slack in Raising Sun and Randy Turner and Pat Stewing Aurora Mayor also said they would get the utilities there. $400,000 a year is  revenue for the county per year potential. They pretty much met their zero rise. FEMA drives DNR and DNR drives the county. Rohe does all their loading beyond 15 acres of this project’s vacant land. Racing, skiing, and casinos are here in the county. Boats and side by sides, helicopters, bands etc here. Condos are a part of this- they will sell because of the vision for  activities there. Does not want to be an adversary with Rohe - and Jurgensons which own Rohe. He admires them as they never sell anything. He has letters of support- and he asked them to let them do this. He cited Tamara Taylors Triple Whipple Bridge JCAP fundraiser that is also in this area this year. He’s willing to risk his money.So they should let him, Jim Bertram from Hrezo Engineering. also represents them. Moved the cabana bar and want the road to be level to the condos.1997 flood was at 65 ft. In 1967 it got further. Even when it came that high it would not be in the living units.I understand the risk I am going to take. If the water gets to 74 ft then a lot of people would be in trouble. The ditch will mediate wetness that stays on the road there. It will get it back to the creek. They will have to design a better footer and the basements will all be masonry. He cite that this project is 1/3 of the size of the ones he’s seeing in Westfield and Whitestown and Carmel. He developed Aspen Ridge and condos by Proof 124. People are needing this kind of housing, We have to have a density of housing. These units will be $300,000 units. This will hopefully bring people to fill jobs in our area. 64 units? Up to $1.4 million, then the gov’t requires 3.4% Fannie Mae and Freddie Mac for loans. If you see what I do - even on the RR tracks behind Proof 124- people are begging to live there. I know what to do and I know how to build. He has had the property since February 2021. Still have one of the nicest marinas on the river. Boating has changed and some boats are $400,000.DNR.  FEMA, and INDOT and passed the HEC RES study - there is still a lot of time to get thru all the rules. It’s a prime piece of property. This is my vision when I bought it - more so than the marina itself. He thought it would be easier to go from I to R zone. Lehman asked about about which plan was the latest version. The trees planted along roadway - they were providing a little more landscaping and now with the private drive they can keep the existing trees and add some within. Some are along Jurgenson property. This space can be a sound barrier. Lehman- Overall - I don’t hate this plan. If this were a straight zone change there would be landscaping that you had to provide. There’s a lot of grass area there. Because it’s a PUD there seems to be a lack of landscaping on that north side of the property. We need to get that info during the favorable or unfavorable recommendation to the commissioners. We need to get the north and the SR 56 edge landscaping beefed up.  Daily - they put the rules for I to R in the code for straight zone changes in tech review for the project. The PUD changes things so we have to put these items into the Favorable Recommendation per Lehman. Rising Sun bond passed and waiting for READI money per Baudendistel. 16 units can go in NOW, but the future units need electricity upgrade there. Aurora is doing water, sewer, gas. Rising Sun is the electric. DNR is at least 6 months. Fire and EMS is available- with letters in packet. They will need 8 in water main for fire. 

PUBLIC DISCUSSION:

Mark Richardson with Paul Rohe Company- turned in letter last meeting- in opposition. They would appreciate the landscaping if it goes thru. They have had to zone for Industrial- it’s hard to get- we build buffer zones, berms and trees. The situation is now reversed. If Rohe resumes operations down the road - we bring in heavy materials from the river. Thatcher asked if he had a 5-10 year plan. Not in writing- but they have asphalt plants as well as aggregates. No plans to move anything there right now. Jurgenson does not sell- it’s always good to have property an options open. Thatcher informed him- that because Jurgenson/Rohe were there first- they have priority.Even if condo owners complained.  

Debbie Huffman- If you approve PUD tonight- and it doesn’t work out- does it revert to Industrial? PUD’s are very specific and so if he sold the property- they would still have to do the same as this plan would state. Or they could put it in the zone request to revert???

END PUBLIC DISCUSSION

Jake Hoog- What type of buffer on SR 56?- Berm and ditch - so they need to put it in the motion if they send this to Commissioners. And the northern section has a Buffer yard 4 recommended. And the applicant agreed that tech review could review it to see if they could do it within a 25% reduction if there were issues. 

Daily said they could put northern border and SR56 side together with this option. 

Hoog asked about streets- All the streets are private now in the plan. Others commented that HVL is all private streets.

Lehman-  water and sewer can only be provided to 16 units now per Daily. The electric is going to be there. He asked about this to see what is in the recommendation. Do we want a 2 year limit to submit the improvement plan? Issue is with the FEMA,DNR, etc permits that will slow this down.

Beiersdorfer- They showed picture with high water- At that time you could not travel SR56. Six fire trucks showed up once at fire where his parents live - so that is a problem. I would never tell Jurgenson that they would have to do landscaping - they were there first. This is a prime place for camping but nothing permanent, in his opinion. They cannot do it on other rivers- makes no sense why the Ohio river rules are different  (because it is a scenic byway). You asked! Just my opinion. 

Lehman- There is a clause you put on the record plat we can do? They can do this regarding the adjoining Industrial district that Jurgenson/ Rohe owns.

Beiersdorfer- You showed other areas of Indiana- but those areas are flat- not river. He’d hate to see what would happen if we have a 100 year flood. 

Lehman-It’s not incompatible completely now- People will know that they are moving next to an I-3 site. I see Russell Beiersdorfer’s coming from - but not sure it’s enough to deny it. 

Lansing- I see it the way you do. He has more steps along the way. This is just the first step. He has done what you asked him to do at last meeting.

Hermesch- It falls in line with what we are asking.  

Kraus, Jr. - If he can meet his engineering study- they know more that I do- regarding flood level. If he can meet FEMA, IDEM and DNR, 

Lehman- Motion for a Favorable Recommendation to the Commissioners t Rezone from I-3 to PUD Mixed Use for proposed development of 64 town homes, of 4 unit type with individual lots, 2 commercial buildings, a marina, RV Park, recreational areas, and open space with the following commitments:

Phase 1-  16 units record on record plat  until utilities are upgraded.

Clause that they are moving into an I area and sound smells and operations. 

2 years timetable  till they submit improvement plans or request an extension by PC otherwise it reverts back to I-3 zone.

 SR 56 has a type 2 landscaping and Type 4 bufferyard on north property line. With berms constructed on plan.With permission to move ditch line out of ROW per tech review

 All streets are privately maintained in the PUD

As per findings of fact cited here tonight and Article 5 section 540 in the Zoning Code. 

Vote was 5 in favor with Thatcher abstaining and Beiersdorfer voting Nay. Passed to Commissioners for August 20th evening meeting 5 PM.

NEW BUSINESS: none

ADMINISTRATIVE:

No meeting in August for PC. 

The items om agenda below were NOT discussed tonight.

Review, discuss and recommend changes to the Zoning Ordinance, Article 8—Floodplain Regulations 

Review and discuss multiple changes to Zoning Ordinance and Subdivision Regulations based on new State Code related to development on slopes up to 25%.

Meeting adjourned  8:15 PM

Christine Brauer Mueller

Lawrenceburg Township