Plan Commission - Live Blogging 5
Posted by Scott Spaulding - 6/12/08 @ 5:34 pm - Filed Under Featured, Local Politics
Jeff Pruitt: Just so readers understand the breakpoints, the issue of the minor plat ordinance was heard by the executive committee of the plan commission and that ended in the Live Blogging 4 thread. The full Plan commission then came into the room and the issue of the restrictive covenants was discussed - that discussion is covered in this thread
5:40PM - The Allen County Plan Commission is now taking on the issue of the restrictive covenant for the Canyon Cliffs area.
Oakmont Development is requested the termination of the entire restrictive covenant agreement that was established in the year 2000 for tap ins to the Canyon Run sewer facility in Perry Township.
The attorney for Oakmont is arguing that the covenant is only to minimize development and not to restrict it. He also points out that the covenant was established in 2000 under an older county plan. The county plan is now Plan-It Allen.
Attorney says by repealing the covenant the Commission will need to “trust” the Sewer District to “do its job.”
5:47PM - Attorney states that the Canyon Cliffs project is likely the lowest density project to come before the Commission. His line is that since it is such a low density the development is minimal.
The attorney states that the projection is for the build out of the development to occur over 5 to 7 years.
“The lots may be sold, but the houses won’t be built right away.”
5:51PM -Bill Brown points out that the development is “prime” for individual septic systems as opposed to extending sewer service. He also points out that the area could have a private sewer system.
Attorney: “We prefer to use the public sewer system” … “This development is different from all prior developments because they just lined the pockets of the developers”
5:56PM - Rick Zehr and Ted Nitza of the Sewer Board are now presenting. Nitza once again brings up that the restrictive covenant was in place before Plan-It Allen.
Nitza notes the Sewer Board has voted unanimously to ask the Plan Commission to repeal the restrictive covenant for, ostensibly, environmental reasons because of Homestead Acres’ issues with sewage.
6:05PM - Staff asks what permits would be required, who applies, who would oversee installation of the sewer line, would there be special conditions on the installation, and if so, who would oversee it? Is there a master plan?
“Only in a position to take in Homestead Acres and Canyon Cliffs and then evaluate what is possible afterwards”
6:14PM - Staff is trying to determine who would oversee the construction of the sewer extension, as the Plan Commission wouldn’t have authority. Nitza answers that issuing agencies would have oversight.
6:17PM - Nitza notes that the 2 for 1 sewer policy was developed with the Canyon Run development in mind. Commissioner Brown asks whether any other development would be subject to the rule but Nitza emphasizes that there are many different service areas and that the policy does not yet apply to those areas.
6:31PM - Question: “Are you picking up everyone who touches the sewer extension?”
“As many as we can through the route that it takes. We’ll have to sit down and see which exact houses it will reach.”
“When will sewer be available to Homestead Acres?”
“Late spring of 2009 and through the rest of 09″
6:37PM - A home owner in Homestead Acres that spoke previously in favor of the Canyon Cliffs project spoke in favor of repealing the restrictive covenant. He noted a personal interest in having connection to a sewer system because of a discharge from a nearby septic system being near his property. He emphasized knowledge of his subdivision polluting the creek and argues that the project represents an opportunity to get sewer systems installed and is not “scratching backs with the developer.”
6:49PM - John Gastineau is now speaking for Yoder Farm LLC and the Cedar Creek Wildlife Project. Gastineau is arguing that repealing the covenant is a policy decision with implications beyond Canyon Cliffs. The argument is that such an action would open the doors to future such development that includes sewer service and that any developer that can pay for a sewer system would have precedent to develop even more land. Gastineau points out that a policy issue is being decided based on a particular issue instead of the other way around.
Ron James spoke next and pointed out that the covenant was instituted to limit development and that sewer is the driver of new development, which is why the covenant is being pursued for elimination. James also pointed out that because the City can’t process all of its sewage capacity, extending sewer service actually increases the amount of pollution going into the water because the system can’t handle the capacity as it is.
7:06PM - James noted that the overwhelming input from the public meetings of the Plan-It Allen process was to limit unregulated rural sprawl. James argues that this type of development outside of the current infrastructure is a net loss to the local community.
7:15PM - A representative from Save Maumee is speaking now, questioning the plan for the future for sewer service in the area. He has indicated that Save Maumee would be able to help residents attain workable sewer solutions, which member Paul Moss questioned.
7:24PM - Bill Brown mentioned that he believed the developers had all the necessary easements and could begin the project immediately. The developer indicated that it did not have that ability.
7:28PM - After the comment session, Bill Brown asks for the status of the easement retained by the developer and wants to confirm that the developer can implement a private sewer system. The answer is that the developer could implement a private system.
7:32PM - The Oakmont Developer is making his closing statements, arguing that the covenant does not prohibit development. The decision for the Commission is to determine whether the 2 for 1 sewer deal is enough to warrant the repeal of the restrictive covenant.
“My client is just trying to do the right thing.”
The meeting then adjourned and the issue will come up next week.
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11 Responses to “Plan Commission - Live Blogging 5”
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I hope that they don’t develop it. It is such a beautiful area, and one of the only beautiful areas around here. So many of Indiana’s trees have been wiped out for farming. Can’t we leave something looking nice?
You have got to be kidding. Where is the discussion from the Plan Commission about leaving the area alone? It seems like much of the discussion is actually looking at developing the land and the questions simply are trying to clarify the issues.
What does the fact that the covenants were put in place before Plan-It Allen have to do with anything? It would seem that the covenants actually act in harmony with the Plan.
First, I want to thank you for the updates all day long. I am sure you have provided a great deal more information than anyone else will. A thank you just does not seem like enough.
I do hope ACRES can get a fair chance at purchasing this. Plus at a fair price to ALL.
One thing that shocked me is that the entire area is going to be served by a 2″ inch main. Hope there is never a fire out there with the departments hoping to draw much water from one 2″ long run main… Talk about low water pressure.
In fact 2″ main may meet the min. by design standards the people out there should enjoy low water pressure from time to time.
Considering the question of who will oversee the sewer systems should stop this and any other development until it is figured out.
I wonder if someone who owns property attached to this property could not argue a case in court that by removing the APPROVED covenents could harm their property value? Or event the use of their property by removing them?
I also wonder if this mess gets approved that water quality tests be made prior to the start of the project. Then when the developer, builder, or home owners causes any run off that effects the water quality of Cedar Creek is to sue them for damages.
I sadly believe what is going to happen is a few prime lots will be sold on large parcels. Then they will come back with a change and cut the lot parcels down. No one will fight the fight because the entire parcel will be screwed up enough it will not be worth the battle.
What would be the final insult to everyone is if this is passed and Chuckles hires Liberty Const. to do any work on this project. Of course if Ken N. votes for this project one would think his friend Chuckles would hire his company to do some of the site work…. Go figure
JQ,
I agree that ultimately more development will move into the area - this is only the beginning.
During the public hearing Neumeister was specifically asked if he was going to do any work on this project and with a hostile attitude he told the crowd he would not be doing any work on it and then added, “Does that make you people happy?”
I will give the commission credit they had a give and take discussion during the public hearing. Speakers could challenge the commissioners and vice-versa…
So basically, the residents of Allen County - both present and future - are screwed.
I officially declare this, Allen County’s jump the shark moment.
This commission has already decided to continue scratching each others insert your favorite body part here and full speed ahead.
Side note: I never thought I’d see pure evil and greed - in its most basic, transparent form - come out of Allen County. I guess if you live long enough…
Maybe Ken Neumeister is becoming to hot to handel. If we are lucky he will quit and do everyone a favor.
It sounds like there are so many unknowns from within the staff and the commission themselves. One would think they would hold this until they get all the answers they need.
I am wondering if after they get this first approval that these lots end up with wells for water and the sewer from the utility?
I may have missed it but what size sewer main are they putting in and what kind. Gravity or pressured?
Did they say they where installing any fire hydrants in the area?
JQ,
I could be wrong here but I believe the 2″ main is a sewar main - the homes will be on wells for water. If somebody remembers hearing differently then by all means correct me…
The 2″ pipe discussed is the proposed sanitary sewer line - as a low pressure grinder pump system. The system (piping and grinder pumps)would be owned and operated by the Allen County Regional Water and Sewer District.
No public drinking water facilities are proposed nor present elsewhere in the immediate area. No fire hydrants are proposed to be installed. Each home, like most all of the other existing homes in the immediate area would need their own private groundwater well. Fire service providers in the area typically utilize tankers.
Mr. Nitza and Pruitt,
Thank you for the update. It was mentioned on the one TV station as part of their package it was a 2″ water line. Gosh, the media messed up and that is a real surprise…. LOL
So…. with a 2″ sewer line from this proposed development, Allen County Regional Water and Sewer District is going to pump sewage where? Since we had to put out $15,000 of our money for our mound system, are we now also going to have to pay for Canyon Cliffs piping and grander? Will the developer of Canyon Cliffs help me pay the upkeep on our mound? Yeah, right!