2010-57 REZONING PROPERTY - GRAND OAKS ESTATES, LLC - 2225 SOUTH MT. ZION ROAD

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Excerpts from Plan Commission Minutes of June 3,2010 continued: Why destroy a jewel? The integrity of the area needs to be preserved. This is an asset to the community. Mr. Shad Edwards asked if Mr. Casey was against a one (1) story structure or just the three (3) story structure. Mr. Casey said he is against it all but he could possibly get by with a one (1) story if he had to. Mr. Edwards stated that the function of the Plan Commission is to decide the Planned Development not IDOT's portion of it. If IDOT does not approve and forces a change, the developer will have to come back to the Plan Commission for approval again. Mr. Casey is concerned that if this passes, construction will proceed and then IDOT will reject the plans. What is to stop the developer from starting the banking facility and then stop and leave it uncompleted when IDOT rejects the plans? Mr. Casey reiterated this development will not fit on the property. He has told the petitioner that he will buy the property. Ms. Suzy Stickle stated for clarification, that IDOT approval is needed before the City will issue any building permits. Ms. Sandy Sherman, 4750 East Fitzgerald Road, was sworn in by Mrs. Poland. Ms. Sherman handed pictures from 1999 to the Commission. Ms. Sherman said she has lived in her home for thirty-eight (38) years and has seen many changes. The pictures showed what they had to tolerate while Wal-Mart was being built. There was constant water and they finally had to sell an easement to them to get the water off of the top of the ground. Wal-Mart put the drainage underground. Ms. Sherman does not intend to go through this again and is selling the house to Mr. Edwards. She said the area does not need another bank and does not want to look out and see a three (3) story building. This would be fine somewhere else but is not compatible with their neighborhood. Ms. Barbara Anderson, 2325 South Mount Zion Road, was sworn in by Mrs. Poland. Ms. Anderson is here to represent her mother, Jessie Hines. The reason her mother bought this property thirty-four (34) years ago was for the privacy it provided, the wildlife and old growth oaks that are there. This area has always been residential and it has been a quiet and private area. It is a unique piece of property. As the area started to develop the traffic got bad. Her mother cannot turn left out of her property most of the time due to the amount of traffic. The old growth oaks are very unique. If the area is opened up the pollution will take over all the area. There are great horned owls nesting in the trees, they will leave the area as will the deer and other wildlife. No one in the area will be able to use their backyards as the three (3) story building will look down on their properties. The lighting from the building will be on their backyards. Her mother is elderly and hoped to stay on her property the rest of her life. She is not sure if this will happen because her mother will not feel safe. Mr. Jeff Gibson, 2345 South Mt. Zion Road, was sworn in by Mrs. Poland. Mr. Gibson handed pictures to the Commission. The traffic is a major concern. It is horrendous. The one hundred (100) unit facility will do nothing but increase the traffic. Mr. Gibson said Mr. Edwards has numerous valid points about the water rights issues. He does not believe what the developer is proposing is even legal. Mr. Gibson has contacted his attorney who is very knowledgeable in water rights issues and if this goes through and proceeds as planned there will probably be lawsuits filed. When Wal-Mart discharges their water you cannot stand erect in Mr. Frank Conaway's creek. Mr. Conaway's culvert will probably have to be replaced because of this issue. On the developer's property there is a big white oak tree. Mr. Gibson contacted Macon County and to their knowledge it