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The Kelly/Miller Investments plat returned to Area Plan Commissioners exactly as it was in August.
After lengthy discussion during Wednesday's meeting, the planned unit development was approved.
The petition (Case 05010SD) calls for development of 26 senior housing units divided into 13 duplexes on 11.791 acres. The land is west of CR 175E and south of CR 175N in Wayne Township.
"This is exactly the kind of development we like to see," said APC Director Dan Richard. "It provides the type of housing the county needs. We tripped up on the sanitary sewer last month and a letter from the city of Warsaw indicates that the sewer service is not available."
Each duplex is divided by a property line. Duplex owners, who will be 50 years old or older, will share a well and a septic system.
Planners asked for individual septic systems to each duplex or to increase the lot size, which is a minimum of 10,000 square feet for each duplex.
Because it's zoned as a planned unit development, Snyder argued, the lots can be less than the county minimum of 15,000 square feet.
"You can have a four-bedroom, single-family home on 15,000 square feet. The duplexes have one bedroom each, a combined lot size of more than 20,000 square feet and a maintenance agreement," the attorney said.
"You may have the square footage, but that doesn't mean you'll get a soil sample to support a septic system on all lots," said board member Larry Copeland. "You don't have the flexibility to move the structure around."
Snyder said the health department may turn down individual septic permits, but soil testing indicated there is no problem with the ground.
Health Department Administrator Bob Weaver said the department would consider one septic system for both properties, serving one duplex. He said septic decisions may go to the state because the development is commercial in nature and because two properties will share a system.
Weaver said many homeowners with just 15,000 square feet are shocked to discover their entire backyard is a septic field and they cannot expand or erect outbuildings on their property.
The commission again talked about changes to county code raising lot sizes. A proposal presented last year in ordinance form was shot down by the county commissioners.
Copeland commented that neither the county nor the state may grant individual permits.
"We understand that," Snyder said. "We had a soil scientist's results, followed the health department's recommendations to share a septic system and now you want individual lot permits [before approval]?"
Snyder said the developers could always go back to the drawing board, retool the lots to 15,000 square feet and put low-income housing on it.
The proposal was approved, unanimously, without restrictions.
The APC also:
• Approved a petition (Case 05031Z) by Gary Baker to rezone 6.712 acres from Industrial II to Agricultural. The property was known as G&M Recycling and served as a tire dump. The tires were removed in 2003. Baker said the agriculture designation will allow a residence to be built there. The property is on the south side of CR 200N and east of CR 750W in Harrison Township.
• Approved a request by American Legion Post 223 to rezone ground from residential to commercial. Ed Smith, a Todd Realty real estate salesman, represented the Legion.
The property recommended for rezoning is east of Ind. 13, on the north side of Elm Street, in Turkey Creek Township. Smith said the Legion wishes to offer this property and the adjoining property along Ind. 13 for sale. The ground with the Legion building along Ind. 13 is already zoned commercial.
The request will go before the Syracuse Town Council for final approval Sept. 20 at the 7 p.m. meeting.
• Denied a request by Judith Barker (Case 05032Z) , who was represented by Steve Barker, to rezone ground from residential to commercial. The property is on the south side of Section Street, east of Ind. 15 in Milford. Judith wants to operate a full-service restaurant here, where an ice cream "shop" currently stands.
The planners were not in favor of rezoning because the surrounding land is residential. The current use was allowed as a non-conforming use in 2003 because a car sales lot occupied the property for many years prior to the ice cream shop operation.
The request will go before the Milford Town Council for final approval Monday at the 7 p.m. meeting.
• Approved Gregg and Lisa Robinson's preliminary plat request (Case 05011SD) dividing 15.19 acres into three lots, from the existing one lot. Lawyer Steve Snyder represented the Robinsons, saying the couple plan to build "next door" in the future and sell their current home. Conditions for a favorable recommendation include the development of a common road for the three lots with a clear view of CR 250E maintained.
APC members are: Vic Virgil, Dick Kemper, Kelly Easterday, Hal Strong, Norm Lovell, Don Arms, Larry Copeland, Kevin McSherry and Charles Haffner.
