Since the preliminary plat approval for Atlantis Villas subdivision had expired, engineer Larry Long appeared before the Kosciusko County Area Plan Commission Wednesday.

Long, representing owner Mathew Heiman, said the developers were prepared for phase 2 of the subdivision - another 36 lots off Hartzler Street, north of Old Road 30W.

Commission director Dan Richard said the only change necessary is a Rule 5 review to govern erosion control procedures. The plat was originally approved in 2000 for phase 1, consisting of 14 lots. The plat "expires" at one year intervals so the plan commissioners have an opportunity to review plans in view of any rules change.

The petition was approved on the condition that the Rule 5 information is added.

Don Kinney, 1729 Hartzler Drive, said he moved to property adjoining Atlantis Villas in October 2003 and he wasn't aware another subdivision would back up to his property. He said there was a nice wooded area beyond his property.

Board member Charlie Haffner advised Kinney the subdivision plat was on file well before he purchased his property and he could have checked before making a purchase.

Kinney said there were the mature trees running along the border of his property and wondered if they would remain or be removed and who would remove them. The trees are in a utility easement.

He was advised that trees are not taken down in a utility easement unless both property owners agree to their being removed.

The board postponed a petition by Stan Estes for a preliminary plat approval for property on the north side of Backwater Road and west of CR 950E in Tippecanoe Township.

Plans for the 14.64-acre tract show eight lots with three cuts onto CR 950E. The board asked Estes for one common entrance from the road with two 50-foot by 50-foot "common drive access easement areas" within the residential development.

The plat will have to be redrawn.

Brian Rosebrugh, who owns property adjacent to Estes', said the GIS map and the survey don't match up. The commissioners project the aerial GIS maps and videos of each property on a wall in the meeting room.

Rosebrugh said the property lines on the GIS mapping don't match his survey. He was advised to bring his survey figures in to the GIS office.

Rosebrugh was concerned about drainage from Estes' property, when it's developed, coming onto his land. The overhead picture of his property showed "dark" spots where water collects. He said the cement drive is already lower than his lawn and he doesn't want any more water runoff.

A petition from Howard and Sandra Moore to rezone seven acres from an agricultural to a residential district was postponed, too.

No one representing the Moores appeared at the meeting. Their property is on the west side of CR 700E and 2,090 feet south of CR 600N in Tippecanoe Township.

Members of the plan commission are Norm Lovell, Vic Virgil, Hal Strong, Kevin McSherry, Don Arms, Kelly Easterday, Dick Kemper, Charlie Haffner and Larry Coplen. Easterday was absent. The APC meets at 1 p.m. on the first Wednesday of the month in the Justice Building meeting room, Warsaw. [[In-content Ad]]