Deadlock Decision On Final Plat Approval
Warsaw Plan Commission was deadlocked in final plat approval for phase four of Warsaw Development LLC’s. The preliminary approval was granted five years ago. The problem? A dead end street in the subdivision.
David Brown with D.A. Brown Engineering Consultants, Auburn, and Kathy Hartman with Granite Ridge Builders were present to present the plans for 22 new residential lots on the original 7.15 acres in Park Ridge section four. The preliminary plat was approved in 2010. The road ends with no cul-de-sac or turnaround for city utility vehicles.
Jeff Beeler, public works superintendent, suggested a temporary or semi cul-de-sac at the end of the dead end street for the city to easily maintain the roadway. He stated he spent time talking with the city engineer who also agreed with his opinion. He stated it needed to conform to the construction standards passed by the city council a few weeks prior. His argument was the extra time and difficulty getting city equipment maneuvered on dead end streets.
Beeler suggested a condition for a 50 percent to 70 percent build out before any development. He even suggested leaving the two lots on the final 140 feet of roadway be left undeveloped until development expanded south of the subdivision. He said a temporary cul-de-sac could easily be removed should development continue to the south.
Jeremy Skinner, city planner, who recommended the final plat be approved, disagreed with Beeler stating if the stretch was longer than 140 feet, he would understand. Skinner was adamant no cul-de-sac was needed for such a short distance, nor any restrictions on the two building lots.
Both Brown and Hartman stated there was no design for future development and the property to the south was not under their control. Brown also noted there was a cul-de-sac just north of that area where town equipment could back up and turn around.
Discussion went back and forth between Beeler, Skinner and board members Tom Allen, Jim Gast, Rick Keeven and Jeff Grose before city attorney Mike Valentine intervened with legal advice. “They have acted in good faith,” he stated, noting they had presented the preliminary plat and returned with plans to develop the property. “If we back up now, we’re open for a lawsuit.”
Grose made the motion to approve the final plat, noting he hoped the developers understood the city’s concern and sell the southern lots last. When it came time to vote, Gross, Allen and Gast were in favor. Keeven, Beeler and Dave Baumgartner were against.
Because there was no vote in favor of or against, the petitioner: Warsaw Development LLC can return at the July meeting to resubmit plans.
Extension discussion was also held regarding sign definitions following a request by a sign company who did not like the planner’s suggestion a proposed sign would be considered temporary based on the city’s ordinance. While there was discussion, the matter was tabled as the company requesting the decision was not present. The company was inquiring about placing a sign on the upper side of the building at Giverny, South Buffalo.
In other business, the board approve a preliminary and final plat request by Indiana-American Water to separate 4.92 acres into two lots.