Shelby County Plan Commission

Meeting Minutes

February 28, 2006

Members Present:

Kevin Carson

Andy Cord

Scott Gabbard

Randy Miller

Terry Smith

Anngie Steinbarger

Taylor Sumerford

Doug Warnecke

Members Absent:

Lynn Kleiman

Staff Present:

Amy Butcher

Mark McNeely

Call to Order and Roll Call:

President Andy Cord called the meeting to order at 7:30 p.m. in room 208A at the Court House Annex.

Approval of Minutes

Doug Warnecke moved to approve the minutes of the January 31, 2006 meeting, and Anngie Steinbarger seconded the motion. The motion was approved 7-0-1 with Andy Cord abstaining. The minutes were signed.

Public Hearings

President Andy Cord began the public hearing portion of the meeting by explaining the proceedings for the petitions.

SD 2006-01: Kinser Two-lot Minor Subdivision Preliminary Plat: c/o Jerry Wiggins, Pace 1 Associates 6 East Taylor Street Shelbyville, Indiana. A petition requesting approval of a minor subdivision preliminary plat, Kinser Minor Subdivision. The minor plat is for a proposed two-lot subdivision on 5.27 acres. The current use of the entire property is single-family residential, and the property is zoned A. The subject property is located at 5396 North Frontage Road Fairland, Indiana (Brandywine Township, Section 3).

Amy Butcher indicated that the petition had been read into the record during the January 31, 2006 meeting. She had proof of publication of the legal notice in the Shelbyville News and proof of notification to interested parties. She noted that at the January 31, 2006 meeting the Plan Commission continued the petition to this meeting so that the Site Plan Review Committee could review the petition further and make a recommendation back to the Plan Commission. Butcher indicated that the petitioner has requested a waiver of the eight-inch drainage tile requirement and a waiver of the requirement for a perimeter drain around the septic system. She noted that the Site Plan Review Committee recommended approval of the preliminary plat without the required eight-inch drain tile and perimeter drain being installed for the subject project. She noted that the Committee did recommend that the Plan Commission stipulate that no further subdivision of the five-acre tract be permitted in the future, and they recommended that this stipulation be recorded on the property deed. She also indicated to the Plan Commission that she felt the preliminary plat satisfactorily met all of the requirements for a minor subdivision preliminary plat with the exception of the requested waivers.

President Cord then opened up the hearing to questions and comments from the Plan Commission. Kevin Carson noted that the issue at the last meeting was the installation of the eight-inch drain tile and perimeter drain, and he noted that because the Site Plan Review Committee had made a recommendation that those items are not necessary he did not feel that there were any other issues with the plat. Doug Warnecke stated that he does not believe that a waiver of these requirements is a good idea, but he did add that since the Site Plan Review Committee evaluated the matter that the Plan Commission proceed. Taylor Sumerford supported Warnecke’s statement. Butcher indicated that the Site Plan Review Committee is made up of representatives from the Drainage Board, Health Department, and Inspector’s office. She noted that they had indicated that the soil test supported the petitioner’s claim that an eight-inch drain tile and perimeter drain are not needed. She emphasized that the Committee did recommend a stipulation that would prohibit the further subdivision of the overall five-acre tract. Doug Warnecke noted that he does not feel that the waiver of the two requirements are good construction practice.

After questions and discussion from the Plan Commission, Kevin Carson made a motion to vote on the petition with the following stipulation:

1.)  A note shall be provided on the final plat that indicates that the two subject lots will not be further subdivided in the future. This note shall be made a part of the final plat and recorded in the Office of the Shelby County Recorder.

Doug Warnecke seconded the motion. The motion was approved unanimously (7-0).

SD 2006-03: Ritchie Two-lot Minor Subdivision Preliminary Plat: c/o William Ritchie, PO Box 207 Fairland, Indiana. A petition requesting approval of a minor subdivision preliminary plat, Ritchie’s Minor Subdivision. The minor plat is for a proposed two-lot subdivision on 7.726 acres. The current use of the entire property is an undeveloped, lightly wooded meadow, and the property is zoned A. The subject property is located at 2400 North 350 West Shelbyville, Indiana (Brandywine Township, Section 22).

Amy Butcher read the petition into the record. She had proof of publication of the legal notice in the Shelbyville News and proof of notification to interested parties. She noted that the petitioner has indicated that he would like to subdivide the subject property into two lots for his two grandchildren. She indicated to the Plan Commission that she felt the preliminary plat satisfactorily met all of the requirements for a minor subdivision preliminary plat.

Taylor Sumerford indicated that he had a conflict of interest; therefore, he excused himself from voting.

Taylor Sumerford represented the petitioner. He noted that he believes that the presented preliminary plat meets all of the requirements of the Subdivision Control Ordinance. He stated that the soils for the property are good and that he has provided provisions on the plat for the installation of an eight-inch drain tile. William Ritchie added that he desires to subdivide the property to create two lots for his two grandchildren.

No one in the audience spoke in favor or in opposition of the petition.

After questions and discussion from the Plan Commission, Kevin Carson made a motion to vote on the petition. Terry Smith seconded the motion. The motion was approved unanimously (7-0).

SD 2006-04: Schwier & Co., LLC Six-lot Major Subdivision Preliminary Plat: c/o Gregg Graham, 33 West Washington Street Shelbyville, Indiana. A petition requesting approval of a major subdivision preliminary plat, Grace Overlook II Major Subdivision. The major plat is for a proposed six-lot subdivision on a total of 20 acres. The current use of the entire property is undeveloped with planned single-family residential for the three lots that comprise the Grace Overlook Minor Subdivision, and the property is zoned A. The subject property is located in the 11000 block of north 600 West (Moral Township, Section 5).

Amy Butcher read the petition into the record. She had proof of publication of the legal notice in the Shelbyville News and proof of notification to interested parties. She noted that the Plan Commission approved the Grace Overlook Minor Subdivision, which comprises approximately 13.641 acres of the overall 20-acre parent tract in March 2005. She explained that she requested the petitioner proceed through the Major Subdivision process because the proposed additional three lots are a part of the original 20-acre parent tract. She indicated that the petitioner’s original preliminary plat submittal did not comply with the minimum requirements for a major subdivision preliminary plat. Because of the need for substantial revisions, she suggested that the petitioner request a continuance of the petition to the March 28, 2006 Plan Commission meeting. She concluded by noting that the petitioner would like to request a continuance of the hearing.

Jeff Powell represented the petitioner. He requested the Board approve a continuance for the petition.

During the discussion session, Jeff Powell, the project surveyor, indicated that there were several deficiencies with the original preliminary plat that was submitted and that he is working on the required revisions. He noted that the surveyor did not have time between the filing of the application and the meeting to make the necessary changes and that the petitioner desires to submit a plat that complies with the requirements as set forth in the Subdivision Control Ordinance to the Plan Commission. Because of these reasons, his client is requesting a continuance to the March 28, 2006 Plan Commission meeting. He noted that the petitioner would re-notify the adjoining property owners and re-publish the legal notice in the newspaper. The Board discussed the approval of the Grace Overlook Minor Subdivision that was approved in March 2005. They noted that during that hearing they had asked the developer if he had plans to further subdivide the property, and they believed that the petitioner had indicated that he did not have plans to further subdivide the property.

Doug Warnecke made a motion to continue the petition to the March 28, 2006 Plan Commission meeting with the following stipulation:

1.)  The petitioner shall re-notify the adjoining property owners by certified mail and re-publish the Notice of Public Hearing in the Shelbyville News.

Scott Gabbard seconded the motion. The motion was approved by a vote of 6-2 with Kevin Carson and Randy Miller casting the dissenting votes.

RZ 2006-01: Evergreen Real Estate and Development LLC Rezone of 32 Acres at 1900 West State Road 44: c/o Bill Blocher, Evergreen Real Estate and Development LLC, PO Box 1232 Shelbyville, Indiana. A petition requesting a favorable recommendation to rezone a 32-acre parcel from an A zoning designation to an R1 zoning designation for a proposed 21-lot single-family residential housing development. The current use of the property is agricultural, and the property is zoned A. The subject property is located 1900 West State Road 44 Shelbyville, Indiana (Addison Township, Section 12).

Amy Butcher read the petition into the record. She had proof of publication of the legal notice in the Shelbyville News and proof of notification to interested parties. She noted that the petitioner has indicated in his application that the average lot size would be approximately 1.5 acres in size. She noted that the petitioner has had preliminary meetings with representatives from the Drainage Board regarding drainage issues for the site. Butcher concluded by noting that the petitioner is requesting a recommendation from the Plan Commission regarding the proposed zoning change.

Bill Blocher of Evergreen Real Estate and Development LLC, represented the petitioner. He noted that he would like the Board to consider rezoning the subject property. He highlighted that he has presented two proposed development layouts in the application packet. He noted that depending on the layout the lots would range in size from one acre to 1.5 acres in size. He stated that the homes would be valued at approximately $250,000. He noted that he felt the homes for the development would be comparable or above the value of the homes in the general area. He explained that the number of lots would be dictated primarily by marketing demand for lot size. Blocher noted that he would prefer to develop the overall site with the 1.5 acre lots because he believes that the market would support such a development.

Eight individuals spoke in opposition to the petition. Nancy Powell spoke on behalf of her mother who lives in the area. She stated that the drainage for this site would go through her parents’ property, and she indicated that her family has experienced significant drainage problems with their property over the years. She indicated that her father had most recently repaired drain tiles in 2003. She stated that the main drain tile is a four-inch tile. She explained that her mother rents her property for farming and that her mother relies on this income; therefore she is concerned about the effects of the developments drainage on her property. She concluded by stating that her mother is also concerned about damage done to her property during the construction phase. Carl Kissell of 3445 West 300 South also spoke against the petition. He questioned the plan for the area. He explained that there is not the infrastructure available to support the development. He then asked if a residential development is the best use for the land. He indicated that this is productive farmland with desirable, high yielding fields. He cited concerns about drainage,. He noted that the farm fields in the area must be tiled in order to farm them. He noted that a large portion of the economy of Shelby County is agricultural, and the approval of this development would take away some of the agricultural base. He questioned who would be responsible for providing the additional infrastructure to serve the development. He noted that State Road 44 is not a safe stretch of highway due to the high speed and other access points onto State Road 44. He expressed concern about the increased runoff that could be generated by a residential development. Steve LeMasters of 7024 West Boggstown Road farms the property to the north of the subject property. He stated that the majority of the soil in the area is poorly drained. He explained that the legal drain that adjoins this property is a four-inch clay tile, and he noted that he does not believe that this tile could handle the drainage from the development. He expressed concern about overburdening the legal drain thus causing a hardship on the agricultural properties to the south. He explained that the legal drain was cleaned in 1960. He stated that he believed that the drain would need to be cleaned in the future and the sizing of it would need to be addressed. He also questioned how the development would tie into this drain. He concluded by stating that this ground has always been farmed, and the new Comprehensive Plan alludes to the fact that the County feels that it is important to preserve prime agricultural land. Fred Sharp of 250 West and State Road 44 stated that the culverts along State Road 44 are too small to handle any additional water from a development. He explained that he experiences standing water in his yard, and he noted that he believes that the State should resolve the drainage problems along State Road 44 before more homes are added to the area. David Moore of 707 N. Spring Street, Greenfield represented Edhill Moore, who owns the property to the north of the subject property. He indicated that he supports the statements made by Steve Lemasters. He emphasized that he has runoff concerns. Calvin Stickford of 3185 West Old Franklin Road stated that his family farms in the area. He stated that he has experienced the effects of the small culverts and the flooding in the area. He stated that the soils are poorly drained. He stated the water table is high. He stated that he does not feel that this is an appropriate area to construct homes with septic systems. He indicated that he does not feel that a detention pond will resolve any of the drainage problems for the site and the surrounding area. Phil Waltz of 6156 S 300 West also spoke against the petition. He noted that the property is not suitable to build homes on. He cited concerns about mold problems in the future homes and explained that the development of the property would lead to health problems for the residents living there. He stated that the development would create a significant burden for the drainage of the surrounding agricultural properties. He stated that the legal drains are already heavily taxed and overburdened. He expressed concern that when the developer is gone that any problems will become the responsibility of the taxpayers. He stated that the community has learned over the years that the old philosophy of building homes where it is not best to farm should not be a practiced. He concluded by stating that this is not the best use for this land. Jamie Orem of 913 South 250 West stated that he would assume the property remain farm ground.