Re-Plat Of Subdivision Stalled By Lack Of Votes
WARSAW — Terry Shepherd, developer of the Candlewood Estates subdivision in Wayne Township, wants to re-plat the second phase of the subdivision from six lots to three. Also changing would be the shortening of a cul-de-sac by a considerable distance and relocating a 20-foot emergency access easement to the western edge of one of the three lots.
Remaining intact, though, would be a 50-foot access easement. His petition was considered by the Kosciusko County Area Planning Commission during its regular monthly meeting Wednesday afternoon, April 5, in Warsaw.
When the technical review committee reviewed the petition weeks prior to the APC meeting, the consensus was the emergency access would no longer be needed and the easement would also not be needed for utilities. But two members of the APC who are also volunteer firefighters, Doug Ruch and Kevin McSherry, indicated in the event of a fire if there is no access, firemen would have a long way to go to access a water supply. McSherry also noted in the event of a strong storm damaging homes along nearby Packerton Road, not having an emergency access could be a big problem.
Bob Sanders of the APC said if the technical review committee said the easement is no longer needed, keeping it would encumber the plat and the developer, though he did say later he understood the concerns about emergency situations. Mike Kissinger of the APC said if there is an emergency situation “you are going to get through” regardless of whether access is available or not.
Two separate motions failed when it came time to vote because neither motion had the required five votes to support it. Planning commission members Bob Conley and Chuck Haffner did not attend the meeting. The first motion was to grant the re-plat without the emergency access, while the second motion was to include it and to have it properly identified as emergency access only.
Shepherd said the access has become a “thoroughfare” and he would like to see it removed. He would have to relocate a electrical transformer or move one of the lots if the access is kept.
Since both motions failed, a third motion to table the petition until the May 3 meeting did get the required five votes to pass. It was also recommended Shepherd attend the next technical review committee meeting.
In other business, the APC recommended approval for Rodney DeLong to rezone approximately 21.5 acres from agricultural to agricultural II on CR 400S, east of CR 600E in Washington Township. DeLong said he wants to keep 7 acres of the 21 and put a house on it, then sell off the remaining 14 acres on the southern half of the parcel.
He said he is willing to commit to having two lots only and have it recorded on the face of the plat. The county commissioners will consider the petition at their Tuesday, April 18, meeting.
The APC also recommended approval for Jennifer Hobson to vacate a portion of a platted roadway, EMS T14A Lane, maintained by the county highway department near Lake Tippecanoe. Vacating the roadway would eliminate a corner but still leave a 50-foot wide right of way.
Steve Snyder, an attorney representing Hobson, said the vacation would eliminate 25 feet of building setback. “It is almost not buildable now,” he said. The county commissioners will consider the petition at their April 18 meeting.