“Canyon Cliffs” Irresponsible, Unsustainable
Posted by Scott Spaulding - 6/5/08 @ 9:38 pm - Filed Under Featured, Local Politics
The News-Sentinel recently ran a story about a proposed new housing development on the northern edge of Allen County.
That’s right, Canyon Cliffs. In Indiana.
Anyway, from the Sentinel:
“A county board on Wednesday opened the door to a massive new housing development near Cedar Creek in northern Allen County and, in doing so, to a potential conflict of interest.
The owner of the land, which covers almost a quarter-square-mile in a part of Perry Township renowned for preserved natural areas, is Charles Bodenhafer, president of the Allen County Plan Commission. The commission is set to review the proposal next month.”
[...]
“Originally, Oakmont envisioned building septic systems for each of the homes, Mike Thomas, a registered agent for Oakmont, told the sewer board Wednesday. The development would include 28 homes, none located on a lot smaller than about 2 1/2 acres.”
[...]
“But the Canyon Cliffs development isn’t a sure thing. On June 12 the plan commission is scheduled to consider a request to approve development of six “minor plats” that together would form the 139-acre addition.
Beyond that, in order to approve the development, the plan commission would have to revoke restrictive covenants on land that otherwise remain in effect through at least 2015.”
So far we have a conflict of interest for selling land that isn’t to be touched until 2015 and the extension of sewer service from the City of Fort Wayne to the top of Allen County.
It gets better. Larry Yoder, an opponent of the project and nearby land owner, provides more after the jump:
“There has been a moratorium on extending sewer service further north than Canyon Run (off Cedar Canyon Rd) where it now ends. This essentially blocked development northward into prime country along Cedar Creek.
As you may have seen in the News-Sentinel article, that moratorium was lifted by a unanimous vote of the Allen County Water and Sewer District board at their meeting last Wednesday. The room was filled with interested citizens and attorney John Gastineau stated the case for denying or tabling the motion to lift the moratorium. The Developer responded. With little discussion or further inquiry, the board voted to lift the moratorium in a unanimous voice vote.
The interesting thing is that this major policy move was added to the agenda sometime in the last few days before the meeting was held. It was not on the preliminary agenda we first obtained from the office of the Sewer and Water District.
This item of new business requested by Oakmont Development Corporation III LLC was added sometime between Thursday 5/22 and Tuesday, (5/27).
This last minute item appears to be one part of a well orchestrated and well planned sequence to enable developers to build northward without much publicity or fuss.
That process apparently began last February with the drafting and passage of the minor plat ordinance under which Canyon Cliffs will be considered.
The plan then called for a change in the sewer policy to be passed by the sewer board on May 28. That has happened.
This is to be followed by approval of this change in sewer policy on June 12 by the Planning Commission which has to give its blessing to such a change.
The same day in the next hour on June 12 a public hearing on Canyon Cliffs will take place before only he Planning Commission’s Executive Committee rather than even the full commission because of the way the new (Feb 2008) minor plat ordinance is written. That process should make for easy approval. Please read the minor plat ordinance which is on the plan commission’s web site.
This opens the way for development of the pristine land all along Chapman Rd and Schoaff Road because now sewer service will now be available.”
Okay, so stuff got put on an agenda at the last minute and an existing sewer restriction was overruled. But what about Cedar Creek that runs through the area?
Plan-It Allen has some interesting tidbits on this increasingly rare piece of natural land:
“Continue stewardship efforts and identify areas for possible expansion of contiguous forested and natural
areas (such as the Cedar Creek corridor, Fox Island Park, Eagle Marsh, Little Wabash River Corridor, Black
Marsh, and other environmentally significant areas). The Cedar Creek watershed represents an important natural
corridor, and is designated as an Indiana Natural, Scenic and Recreational waterway. Fox Island County Park contains a nature preserve with diverse marshes, wetlands, deciduous forests and important wildlife habitats. Allen County should continue to work with local environmental groups like the Fox Island Alliance, ACRES Land Trust, St. Joseph River Watershed Initiative and the Cedar Creek Wildlife Project to continue to protect these important natural areas.[...]
The Cedar Creek corridor and Fox Island Park contain the County’s largest remaining contiguous forest areas.”
Plan-It Allen has more to say on the subject of ever-spreading development out towards the fringes:
“Availability of adequate sanitary sewer infrastructure is the primary driver of new development. Therefore, it is important that significant sanitary sewer infrastructure expansions do not take place in areas which would require other significant community infrastructure or facility investments unless a community decision has been made to make those investments in those areas”.
[...]
“To reduce land consumption while accommodating growth requires a more efficient use of land. Using land more efficiently requires that land be developed in a way that is different than the highly dispersed and segregated development pattern characteristic of the past 40 years. This will also require a modification to the way the community is currently growing.”
Let me throw out just a few headlines as to why this development is a bad idea:
NPR - Home Prices Drop Most in Areas with Long Commute
CNN - Long-distance drivers feeling the pain of costly commute
MuniNet Guide - Gas Prices Impact Suburban Housing Markets
By the way, the nearest grocery store would be 5 miles away in an era of $4 gasoline and according to data from the Center For Neighborhood Technology, the area around Chapman and Coldwater steals 30% of resident income through transportation costs.
Recap:
Conflict of interest in land sale
Repealing a sewer extension ban
Trying to build on covenant restricted land
Encroaching upon what natural land is left in Allen County
I’m going to pull a Mike Sylvester here:
“Does anyone reading this blog think this development should be approved?”
I’ll leave everyone with the following nugget from our friends up (much farther) north:
Economics often drives city planning, expert warns
Citizens must police development to get the city they want, activist warns
Ottawa Citizen
“Ottawa residents who want to protect neighbourhoods from over-scaled and ugly development must roll up their sleeves and get involved in the political and planning process, says a longtime Montreal urban activist.
“Do not think that it is the city-employed planners who are going to negotiate with the developers a development project in the public interest,” says Dimitri Roussopoulos, founder and CEO of Urban Ecology, a think-tank on sustainable urban development.
“A lot of what happens in neighbourhoods and cities is driven by very influential and powerful economic interests,” he told a public meeting on intensification at City Hall last week.
“If the citizenry of the City of Ottawa is not organized to survey and to watchdog the urban planning process … you are screwed.”"
Comments
35 Responses to ““Canyon Cliffs” Irresponsible, Unsustainable”
Leave a Reply
There is a public meeting Sunday afternoon for interested parties and landowners. There is even more to this than is published.
One grand idea the planners have is to dig a HOLE under Cedar Creek for the sewers. Incredible.
Why is anyone shocked or surprised over this? We keep electing the same people who keep reappointing the people who pad their bank accounts when they run for office?
Yes, I am ticked off but after watching the sweetheart deals the local elected office holders have allowed to go on I am not surprised. Just keep sending the same people back into office and you can watch more of this crap…..
Go to the intersection of Coldwater Rd and Chapman Rd at 3 pm sunday, 6/8 and follow the signs east on Chapman Rd. tours 3-5 pm. General meeting and rally at 5.
Watch for the survey stakes on your left as you travel on Chapman and Richey.
hearing is 12 noon Thursday, 6/12 at the city county building.
Great post Scott.
One thing I’m not clear on is the expansion of the sewer services. Doesn’t that ultimately get sent back to Fort Wayne’s treatment plant?
Therefore the city could reject the expansion of the sewer lines right? What am I missing?
I’ll refrain from my usual bleeding-heart comment about saving what’s left of the natural resources in Fort Wayne.
Instead, I’ll go for the greed factor.
Maybe the Harrison Square people should jump in here and state that opening up new housing development AWAY from downtown - in a depressed economy - is a CONFLICT OF INTEREST for this city and this county.
In fact - until 90% of the condos are sold maybe there should be a new rule. NO NEW HOUSING DEVELOPMENT ANYWHERE IN ALLEN COUNTY.
Because it’s not like there’s a shortage of housing in Fort Wayne and surrounding areas.
As you all know I tend to favor free market solutions. In my ideal world our local Government would not subsidize projects like Harrison Square nor would they financially try to force development Downtown.
That being said our local Government is going to keep trying to force development downtown and they are going to keep funding projects likely to fail like Harrison Square.
Due to property tax changes made at the State level local Government will have to look for ways to save money or else they will have to raise other taxes to pay for the services we currently have.
Due to the above reasons I also oppose this development. Since our elected officials are going to continue boondoggles like Harrison Square we should limit development at the edges of Fort Wayne and instead focus on “in-fill.”
Those people who support Harrison Square oppose this project; however, do not expect them to mobilize…
Mike Sylvester
Oh, we’ve had my turn with the so-called “Planning Commission” last spring. Our neighborhood calls them the Rubber-Stamp Commission.
They approved a Lancia Condo development adjacent to our neighborhood (off Carroll Road). In order to approve this they had to grant Lancia 6 variances (can’t remember if that’s the right term) in order to let Lancia build as many buildings in a fairly small patch of land. Those variances were minor things like not having to build the roads to the minimum standards, not having to build to the minimum standards for sewers (everything drains to the middle of the road like a parking lot drain), the roads would be private which means the condo association would be responsible for the upkeep of the roads (and sewers), reduction of “green space” requirement, the garbage disposal strategy was ridiculous and no resolution of that was required prior to approval of the rezoning/development request.
Of course, I won’t mention the fact that our neighborhood contains $200K-$250K houses that will literally back up and connect to a $105K per condo development. Thanx Allen County for helping to protect one of the most important investments I’ll make.
Our neighborhood was given an 8-day notice of the first meeting in which the only open, public comments would be heard. After that there were 3 or 4 meetings in which this development was discussed and one of the Lancia brothers was asked on repeated occasions to clarify certain points in which he made some of the most ridiculous, unfounded and pandering statements that when uncorrected because none of us lowly neighborhood rabble-rousers were given an opportunity (remember these were meetings you could attend but weren’t allowed to speak unless spoken to). All we could do was write a letter to the plan commission and have it “included in the file”.
We were able to get a Restrictive Covenant put on the land to prevent it from being developed as an apartment complex. But if the Allen County Plan Commission doesn’t have to stick to the Allen County Comprehensive Plan or honor previous restrictive covenants I suppose the integrity of the County and its restrictive covenants are barely worth the paper they are printed on.
… but I could go on all day about this group.
Wait a minute - I thought all the new housing development would take place along the Maplecrest Extension?
Oh, where to even start on this one…1)violates public policy 2)violates rules of ethics 3)violates ordinances (even the ‘minor plat’ ordinance Mr. Bodenhafer had inserted in the Plan) 4)violates the scenic river act 5)violates restrictive covenant 6)violates moratorium 7)violates ‘operational efficiency’ (i.e. costs everyone more tax to provide public service than similar areas closer to service provider) 8) violates EPA/IDEM ‘clean water’ waiver requirements 9) violates Comprehensive Plan’s goals & principles 10)I could go on but at some point we have to ask ourselves ‘why’, over carefully gathered & publicl-paid for ‘facts’ rationally negating any public good for such a ‘leapfrog’ development, will it be approved anyway? It is disingenuous to claim ‘for clean water’ (Holmestead could be served without Thomas’ money but was on the LOWEST priority of the A.C. Regional Water & Sewer District’s list) AND the entire capacity of the current Canyon Run lift station could be put to existing ’septic relief’ without adding even one new big carbon footprint McMansion connection let alone 31. So it goes…
Thanks for the history and details on this proposed development.
Fortunately, this proposed, massive, luxury subdivision has NOT been approved YET. But if we remain silent and do nothing, there will be a very good chance you will see bulldozers clearing a road through the wooded property within the coming months.
There is still time to voice your concern and displeasure as to why this is a bad idea for not only the environmentally sensitive Cedar Creek basin, but for Allen County as a whole.
A meeting will take place at Walt and Linda Leimer’s residence, 18208 Richey Lane, this Sunday, June 8th at 5 pm.
Representatives from the Cedar Creek Wildlife Project will be present as well as other concerned neighbors and citizens who question the viability of the proposed Canyon Cliffs development.
I urge you to take a stand and speak out. Again, this is not some far away place, like the Amazon Rain Forest, where this is taking place. This is in our own back yard.
I believe that there is another interesting tidbit in the Plan-It Allen report that makes this project make even less sense than it already does.
The report states somewhere (it may also be in the housing “existing conditions” report that came before the plan was finished) that Allen County’s housing market is 30% overbuilt. That means that we have one-third more housing than our market can support.
Why are the plan commissions approving any new housing developments when every new unit that gets built contributes to sprawl and abandonment of the inner city?
My cynical answer to Scott’s rhetorical question
is, “An empty $100K house generates just as much property tax revenue as an occupied $100K house does.” or perhaps the Planning Commission doesn’t know that they can say, “No” to a development request.
Actually, let me correct myself, “An empty $100K house probably generates *more* tax revenue than an occupied $100K home” once you take into account homestead and/or mortgage exemptions.
Yes, that’s perhaps the most cynical answer.
Is everyone aware the developer has offered to help cover the cost of the sewer expansion? How likely is it they will turn down money? The approval of the sewer expansion was a “preliminary approval”, but look at all the signs. It’s all about the money.
The scenario described in the Ottawa Citizen is almost exactly what I saw happen in the AC Water and Sewer Board hearing referred to in the News-Sentinel. Obviously, there is a track record. In addition to Jeremy’s story about his neighborhood, some may remember “Aberdeen”, which was tabled, morphed into “Twin Eagles” and reappeared two years later with approval at the same location as the proposed/failed Aberdeen. (Same developer as the current proposed development, by the way.) Watch out! The lawyer for the developer said to the ACRWSD board that “seven years is a blink of the eye from a developer’s [viewpoint]”. This could go on for awhile and sneak up again when no one is looking.
Allen Co. residents, citizens have a chance to push for the preservation of something beautiful right here. What a legacy the landowner could leave ALL of Allen County (not just 28 households) …a preserved space where green is still naturally green. I realize I’m dreaming.
One last thought: 50+ year-old trees cannot be replaced with one week of landscaping on a “carefully” carved lot, no matter how big the lot is (which by the way was one of the developer’s arguments that the development was a good thing… ”bigger estate-type lots”…) My question, who builds an “estate” on only 2.5 acres?
And, I will say it again as I have said so many times before. Unless we have commission members who have the guts to stand up to the developers, real estate agencies, construction companies, and financial institutions, we will never have a sane building plan for Allen County.
The shame is that Plan-It Allen is only a suggested plan; it is not mandatory.
We really need to start coming up with plans that have teeth.
By the way, someone mentioned a meeting on Sunday. Where is it being held and what time?
Nelson Peters said they are looking for a Democratic member of the AC Plan commission. I think Charlotte would be an excellent choice!
Charlotte - There is a rally / meeting on this Sunday, June 8th at Walt and Linda Leimer’s residence, 18208 Richey Lane. Please see Andy’s comments above for more information. We hope you will be in attendance. We need to make sure our voices are heard.
I would second it if Charlotte would care to take on such a task.
IMPORTANT …If you would like to attend the meeting on Sunday, mapquest Richey Lane, but use Huntertown instead of FW for the city.
OR
Go north on Coldwater Rd, to the intersection of Coldwater and Chapman Rds. Take a right on Chapman (east) and you will see Richey Lane just a half mile down on the north side of the road.
You’ll see why this area is worth preserving for future generations.
We hope to see you there !
Shanie:
Thanks. I will be there. I missed seeing the info when I was scanning down the posts.
Jeff and J.Q.
Maybe I just will look into that idea. But do you honestly think they would approve someone with my “ideas” on the commission?
By the way, congratulations Jeff on your appointment. We really do need more citizens on boards and commissions who will represent the citizen interests.
Charlotte,
You never know unless you try. Call Mike Bynum and ask for his support. They would be hard-pressed to deny you if you receive the party’s backing…
This is a letter I just sent to Mitch Daniels. Let us all hope for his help in this matter.
I missed the fact that there are many endangered species in this area.
That native Americans had settlements here.
And that many pre-historic fossils have been found here.
The president of our city-county plan commission is Charles Bodenhafer. He
has a serious conflict of interest in that his zoning and planning
commission passed a “Minor Plat” ordinance the end of 2007. Now he is using
this new and untested ordinance to push a 28 home major subdivision called
“Canyon Cliffs” on 138 acres through his City Council that is to be
developed along our protected Cedar Creek, calling it a Minor Plat. Cedar
Creek is designated one of the few scenic rivers in Indiana. The owner of
this land is, of course, none other than Charles Bodenhafer. His Council has
lifted a 15 year moratorium (restrictive covenant) after only 7 years, for
extending city sewers. This sewer pipeline is to cross 30 feet below our
scenic river and protected wetlands which is the depth of our “aquafer”
drinking water. This could very well cause contamination of hundreds of
homes.
All of this has been pushed through our Plan Commission 5/28/08 without
adequate public notice. The environmental impact will be severe.
Please visit our local political website and read the story of our dilemma.
The address is fortwaynepolitics.com and the subdivision Canyon Cliffs.
The safety and protection of our beautiful scenic river, its wetlands, and
wildlife must not be compromised by the selfish greed of a few unscrupulous
individuals.
After the meeting mentioned above, it’s even more apparent that people who, as Charlotte says, “will represent the citizen interest” are very much needed. Come to the Thurs., June 12 Planning Commission hearing to speak your thoughts or at least let your presence be known.
Save the nature around Cedar Creek from development and local government - make your voice heard!
http://save.cedar.creek.googlepages.com/home
Thank you, Save Cedar Creek!!! Thank you , thank you, thank you! Great work summarizing the situation. Everyone, check it out. We can’t keep quiet!
I now know what the locals must have felt as the Taliban carried in the explosives to dynamite those ancient giant sandstone Buddha’s in Afghanistan. The Taliban held the political and economic power and the citizenry had little voice. Once the charges were set off, the Buddha’s were gone forever.
The same seems true about the natural beauty next to our farm near the Cedar Creek where the Canyon Cliffs development is proposed.
The Executive Committee of the Allen County Plan Commission can either light the fuse or protect this priceless part of our natural heritage for future generations. They have the power.
Fortunately, I still have the freedom to speak out, and I am doing so.
I oppose this proposed development as another example of poor planning and profiteering from what’s left of Allen County’s natural heritage.
My article is done. I hope that it helps. I have to work Thursday, but my thoughts will certainly be with those who are attending the hearing.
I am so sorry that this has to even be an issue for the residents of the Cedar Creek area.
Wonderful write-up Charlotte, thank you! I hope you don’t mind but I linked to your “Connect the Dots” and wetland scans.
People really need to see and know the conflict of interest by Charles Bodenhafer and others.
Allen County Officials - The Public is watching.
http://save.cedar.creek.googlepages.com/home
Fort Wayne and Allen County - the conscience of an entire community is upon you.
As your fellow Allen County coworkers, city of Fort Wayne officials, state and local representatives, various local news and media outlets and surrounding local communities watch, tomorrow you will vote on a matter that relates to the Cedar Creek area and its future preservation or destruction.
The proposed Canyon Cliffs Development (Coldwater Road and Chapman Road) is not only riddled with conflicted interests by numerous local officials and offices, but is also a decision that will effect Allen County and the surrounding counties for generations to come. There will not be another ice glacier to recreate this beautiful landscape in which you wish to alter. There does not exist another place like this pristine nature that lies along Cedar Creek within our very own community. Tomorrow the choice will be upon you.
The conscience of an entire community is upon you. Will you choose to advance development at the far reaches of Allen County and destroy a coveted local natural resource? Will you try to increase downtown revitalization by planning projects at the counties farthest reaches? What will you instill and leave the generations to come? What will those that come after you be left with? Will the generations to come get a chance to experience the beauty of a simple drive northward as so many have before us?
Its without doubt one thing to tear down a building to erect another, but to destroy nature that will never be replaced is not only irresponsible judgment but the uttermost in greed in the current housing market and economy. Fort Wayne and Allen County do not need another housing development, especially at its outer reaches and certainly not in exchange for the disposal of one of its greatest natural assets that the community has to offer.
Tomorrow you will vote with the conscience of an entire community upon you. It will be a decision to last not only a lifetime but for every generation that follows.
Before you cast your vote, please understand an entire community is observing your decision.
http://save.cedar.creek.googlepages.com/home
Your community and those around you are watching and waiting for you to vote for what is right and just. They are watching to see if you will uphold your office and community responsibilities with sound judgment and the utmost in character and with integrity for those whom you serve. Your position is a privilege, but the privilege and beauty of the Cedar Creek area belongs to all of Allen County and anyone that passes through it while driving on Coldwater and Chapman Roads.
Tomorrow you have the ability to uphold each of those privileges as an entire community waits and watches.
— To all local media outlets:
We encourage all media outlets and personnel to be present for this vote and to express the facts surrounding this decision though your various media outlets so the community can continue to see and understand the decisions which are being made for them by local government. Please do not let this decision go unnoticed, its impact will effect far beyond your generation.
– To all individuals, your voice matters:
Attend the Allen County Planning Commission vote tomorrow June 12th, 2008 at Noon (please be there early) and let your voice be heard.
One East Main Street
Fort Wayne, IN 46802
260-449-7211
[...] and the Canyon Cliff’s development. Scott Spaulding’s previous post highlighted the myriad of problems related to this issue, but just for a quick refresher: Recap: Conflict of interest in land sale [...]
I travel along Coldwater Rd. past Chapman Rd. several times a day and am always delighted by the pristine views nature provides during the different seasons (the wildlife, trees, flowers, running water and flooding). I often thing of the Potawatomi, Shawnee and Kickapoo who inhabited this land and can almost see Little Turtle and Tecumseh running theough the area with their braves.
I have had the enjoyment of this area and so have my children, but what of my grandchildren and those of all the Allen County residents.
If the Allen County Plan Commission cannot see the value of this pristine area for all of Allen County and only the value ($$$$) of this area for a few, then they need to be replaced by people who can preserve our heritage for our future generations.
Has the purpose and motivation of governmentals, politicians and “overseers” been accepted as helping themselves first ??
When did we have that vote ?
And what did we THINK we were voting for ?
Can’t we just mail these people money ?
Probably be a lot cheaper.
Littlefish
It is incomprehensible how brazen and corrupted the Allen County Cronies Club is.
The sordid history of Charles Bodenhafer and releasing covenanted restrictions is nothing but the raw abuse of the power of politically appointed bureaucrats.
Case 1. As Chairman of the Allen County BZA in 1996, Bodenhafer was the chief negotiator between Chemical Waste Management, the BZA, and Zoning
Administrator Dennis Gordon. They met behind closed doors and came up with an “agreed judgment” that did away with covenants running with the land. Public comment not allowed. The Tracy Warner page of the J-G was a cheerleader for the raw deal.
This very egregious settlement cheated the homeowners who were supposed to have been protected from immeasurable harm by the restrictions. Bodenhafer basically thumbed his nose at those he was supposed to protect, but to whom he did great harm.
Craig Finlayson had recently been appointed Attorney for the BZA after Attorney John Wray had been relieved of that position in a power move. A few of the others involved at various times were attorneys for Haller and Colvin, Ken Neumeister and county attorney William Fishering.
Case 2. Daniels v. Area Plan Commission of Allen County. This case was heard 2000-2002 during which time Bodenhafer was chairman of the Plan Commission.
Bodenhafer et al released covenants of Broadmoor Addition off of Lima Road to satisfy the desires of a developer who wanted to rezone a few houses from residential to commercial. On appeal, the Plan Commission lost. Our Allen County property tax dollars at work. How much of our $$$ did Bodenhafer et al spend on this folly?
Note: The 6Nov05 editorial of the J-G exposing the ties between Bodenhafer Insurance and Allen County was long overdue. The J-G stated that the commissioners should replace Bodenhafer on all county boards. It could be argued that someone doing business with the county should never have been appointed to any position of public trust in the first place.
Cedar Creek: How much damage can one person be directly tied to? There might likely be more examples of abuse of zoning police power. Using political crony connections to remove covenants for personal enrichment goes way out of the boundaries of good government. Is Bodenhafer stoppable?