5 of 7 lots approved in Pierceton development; last two need work
June 5, 2019 at 11:44 p.m.
By David [email protected]
Dana and Kathy Cone will have to work with the town of Pierceton on the easements for the final two lots before the county plan commission will give its OK on those.
Kosciusko County Area Plan Commission Director Dan Richard said the seven lots were in the second addition of Ryerson Green in the town of Pierceton off the east and west sides of Washington Street, about 600 feet south of Church Street.
Preliminary approval on the plat was given unanimously by the commission in October, but there were five conditions put upon it then. Richard said those conditions included the existing 20-foot-wide sanitary sewer easement for lots 11 and 12 was to be vacated and relocated by the town; Kosciusko County Surveyor’s Office and Drainage Board was to be informed of changes made to the utility easement within the drainage easement for Deeds Creek; all utilities, fire hydrants and roads are to be installed to the specifications of the town; a Rule 5 review was to be approved; and the county’s consulting engineer reviews and approves the proposed soil and water runoff and erosion control plan.
Richard said in this case, the roadway was not finished so a bond would need to be established in an amount established by the town of Pierceton.
He also said it was the county’s understanding that the Cones worked with the town about allowing them to leave the easement as it is now located through lots 11 and 12. The preliminary approval in October said “they would be relocated over along the west end and south end through there. What they’re presenting now is a plat that shows it staying in the position that it is,” Richard told the commission.
He said his office did receive an email in March from now-former Pierceton utility superintendent Chip Hill stating that “they’ve been working with them and they would be OK allowing the easement to remain as it is.”
Richard said that leaving the easement as it is makes it a difficult situation for the developer to “get it all on either the road side or back side. There could be no home structure. They’d have to have approval from the town for a drive to be placed across any of that utility easement as it is now.”
Richard said he went to the town Wednesday morning to speak with a town official to see if the town would be OK with that, but no one was available.
Other than the easement, Richard said he wasn’t sure if the Rule 5 review was done but all the other conditions were met and the Cones were asking for final approval. The bond for the road completion also needed to be completed.
Larry Coplen, commission member, said he was “totally confused” as to why the Cones wanted to leave the existing utility across the two lots. “You’re basically creating two lots that are unbuildable,” he said.
Dana Cone, of Cone Construction, said there was enough room for a small house on lots 11 and 12. Cone said it would be “really expensive” to change it. Kathy Cone said the costs to change the easement would “far exceed what we could ever sell the lots for.” She said once they realized that, Dana went back and looked and determined houses could be put on the lots. She said the town didn’t mind.
“In looking at the lots, what worries me some is, obviously I’m thinking longer term ... drives, landscaping, anything you put within that easement could be torn up at the owner’s expense and the town has to go in and do any work within that easement that’s defining that in through there. And that’s hoping that the utility is lying within the easement,” Richard said.
He said they could build homes on those lots, but down the road there could be issues with what future homeowners want to put on to their property.
There were no remonstrators to the Cones’ petition.
During the approximate 40-minute hearing on the petition, County Commissioner and Plan Commission board member Bob Conley said if the town board didn’t have an issue with it, and it’s the ones who ultimately will be dealing with it, he made a motion to approve the petition with the stipulations that the bond for the road completion be made and that the town provide a letter stating it’s aware of the situation. After further discussion, the plan commission voted 4-3 in favor of the petition, but since it’s a nine-member board, Richard said it takes five members to approve any motion.
Commission member Doug Ruch then made a motion to approve five of the lots – Nos. 13-17 – with lots 11 and 12 to be further discussed with input from the town; and the bond for the road completion has to be provided. His motion was approved 7-0.
A second final plat presented to the plan commission came from Charles Haffner, a member of the board. He recused himself from the board during his hearing.
His final plat was for four additional lots in Paradise Acres, a residential subdivision, with the lots ranging in size from 2 to 15 acres. It is located off the west side of Dogleg Drive East and south of Dogleg Drive West, about one-fourth mile southwest of Ind. 13 in Turkey Creek Township.
A preliminary plat for it was approved at the commission’s May meeting.
Haffner said the plat was self-explanatory. There were no remonstrators. It was unanimously approved.
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Dana and Kathy Cone will have to work with the town of Pierceton on the easements for the final two lots before the county plan commission will give its OK on those.
Kosciusko County Area Plan Commission Director Dan Richard said the seven lots were in the second addition of Ryerson Green in the town of Pierceton off the east and west sides of Washington Street, about 600 feet south of Church Street.
Preliminary approval on the plat was given unanimously by the commission in October, but there were five conditions put upon it then. Richard said those conditions included the existing 20-foot-wide sanitary sewer easement for lots 11 and 12 was to be vacated and relocated by the town; Kosciusko County Surveyor’s Office and Drainage Board was to be informed of changes made to the utility easement within the drainage easement for Deeds Creek; all utilities, fire hydrants and roads are to be installed to the specifications of the town; a Rule 5 review was to be approved; and the county’s consulting engineer reviews and approves the proposed soil and water runoff and erosion control plan.
Richard said in this case, the roadway was not finished so a bond would need to be established in an amount established by the town of Pierceton.
He also said it was the county’s understanding that the Cones worked with the town about allowing them to leave the easement as it is now located through lots 11 and 12. The preliminary approval in October said “they would be relocated over along the west end and south end through there. What they’re presenting now is a plat that shows it staying in the position that it is,” Richard told the commission.
He said his office did receive an email in March from now-former Pierceton utility superintendent Chip Hill stating that “they’ve been working with them and they would be OK allowing the easement to remain as it is.”
Richard said that leaving the easement as it is makes it a difficult situation for the developer to “get it all on either the road side or back side. There could be no home structure. They’d have to have approval from the town for a drive to be placed across any of that utility easement as it is now.”
Richard said he went to the town Wednesday morning to speak with a town official to see if the town would be OK with that, but no one was available.
Other than the easement, Richard said he wasn’t sure if the Rule 5 review was done but all the other conditions were met and the Cones were asking for final approval. The bond for the road completion also needed to be completed.
Larry Coplen, commission member, said he was “totally confused” as to why the Cones wanted to leave the existing utility across the two lots. “You’re basically creating two lots that are unbuildable,” he said.
Dana Cone, of Cone Construction, said there was enough room for a small house on lots 11 and 12. Cone said it would be “really expensive” to change it. Kathy Cone said the costs to change the easement would “far exceed what we could ever sell the lots for.” She said once they realized that, Dana went back and looked and determined houses could be put on the lots. She said the town didn’t mind.
“In looking at the lots, what worries me some is, obviously I’m thinking longer term ... drives, landscaping, anything you put within that easement could be torn up at the owner’s expense and the town has to go in and do any work within that easement that’s defining that in through there. And that’s hoping that the utility is lying within the easement,” Richard said.
He said they could build homes on those lots, but down the road there could be issues with what future homeowners want to put on to their property.
There were no remonstrators to the Cones’ petition.
During the approximate 40-minute hearing on the petition, County Commissioner and Plan Commission board member Bob Conley said if the town board didn’t have an issue with it, and it’s the ones who ultimately will be dealing with it, he made a motion to approve the petition with the stipulations that the bond for the road completion be made and that the town provide a letter stating it’s aware of the situation. After further discussion, the plan commission voted 4-3 in favor of the petition, but since it’s a nine-member board, Richard said it takes five members to approve any motion.
Commission member Doug Ruch then made a motion to approve five of the lots – Nos. 13-17 – with lots 11 and 12 to be further discussed with input from the town; and the bond for the road completion has to be provided. His motion was approved 7-0.
A second final plat presented to the plan commission came from Charles Haffner, a member of the board. He recused himself from the board during his hearing.
His final plat was for four additional lots in Paradise Acres, a residential subdivision, with the lots ranging in size from 2 to 15 acres. It is located off the west side of Dogleg Drive East and south of Dogleg Drive West, about one-fourth mile southwest of Ind. 13 in Turkey Creek Township.
A preliminary plat for it was approved at the commission’s May meeting.
Haffner said the plat was self-explanatory. There were no remonstrators. It was unanimously approved.
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