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2010-57 REZONING PROPERTY - GRAND OAKS ESTATES, LLC - 2225 SOUTH MT. ZION ROAD
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2010-57 REZONING PROPERTY - GRAND OAKS ESTATES, LLC - 2225 SOUTH MT. ZION ROAD
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8/27/2015 11:22:39 AM
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Resolution/Ordinance
Res Ord Num
2010-57
Res Ord Title
REZONING PROPERTY - GRAND OAKS ESTATES, LLC - 2225 SOUTH MT. ZION ROAD
Department
Development Services
Approved Date
7/19/2010
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Excerpts from Plan Commission Minutes of July 1,2010 continued: <br /> Mr. Flynn said the latest discussion concerning the easement on the Scherman's property developed <br /> five (5) minutes before the meeting. The developer is proposing, if they can come to terms with Mrs. <br /> Scherman, to make an improvement on her property which is outside the scope of what the <br /> Commission is being asked to approve. <br /> Mr. Casey asked what measures have been taken for property owners to the south where the drainage <br /> is discharged into the ditch. Mr. Dean said the developer has discussed with Mr. Conaway ways to <br /> work together to help with the erosion, such as rip rap, to help the situation. <br /> Ms. Peck asked Mr. Dean if they have worked with the residents on drainage issues. Mr. Dean said <br /> yes. <br /> Mr. Steve Horve, developer, was sworn in by Mrs. Poland. <br /> Mr. Horve said they met with Mr. Conaway to discuss his erosion situation. They discussed the <br /> possibility of placing rip rap to help. Nothing has been decided on yet but Mr. Horve plans to be a <br /> good neighbor. He said Mr. Conaway was very happy and receptive to their meeting. <br /> Mr. Horve did not meet with any other residents that are further downstream but they did walk down <br /> there to look to see what was happening. He thinks Mr. Conaway's property was most affected. He <br /> believes rip rapping will probably work. <br /> Mr. Horve said that erosion and drainage problems have been happening in the area for a long time and <br /> have caused the neighbors some problems. He wants to be a good neighbor and is willing to help them <br /> with the situation. <br /> Mr. Flynn said what the developers are asking today is an approval of the proposed plan. The <br /> developers are going to try to accommodate Mrs. Scherman and Mr. Conaway. The developers will <br /> try to satisfy their concerns; however, these properties are outside of the City of Decatur. The motion <br /> cannot include these contingencies. Mr. Flynn told Mr. Horve to come in and be as honest as he can <br /> about trying to accommodate the neighbors, but you cannot make everyone happy. If Mr. Horve does <br /> not try to satisfy their concerns and would try to bring another project to the City, he will have lost all <br /> integrity. Mr. Flynn asked Mr. John Robinson if this was correct. <br /> Mr. Robinson said the Commission is charged with the obligation in making a recommendation to the <br /> City Council. Mr. Casey asked if that meant making a recommendation based on the final site plans <br /> and since the Commission has heard the developers announcements, and if it is approved, holding the <br /> developer accountable to the standard. Mr. Robinson said Mr. Casey would have an opportunity to <br /> present that as argument. <br /> Mr. Crowe said the Plan Commission has the right to recommend approval of the petition as presented, <br /> recommend a denial of the petition, or recommend as amended for approval to send to City Council. <br /> Staff's recommendation is to recommend approval of the plan as presented. <br /> Mr. Edwards asked if an amendment could be made to ensure the rip rap is taken care of and <br /> agreements are worked out for underground piping. Mr. Crowe said the Plan Commission could make <br /> that a recommendation, however, he would not recommend it as this is an issue where additional <br /> property owners can get involved and it is outside the City limits. Mr. Edwards said whether this plan <br /> is denied or approved it still goes to City Council for final approval. Mr. Crowe said this is correct. <br /> The Plan Commission is an advisory board. <br /> Mr. Cochran stated three (3) weeks ago he received a phone call from the developers and they were <br /> concerned about the issues raised at the June 3, 2010 meeting that needed to be addressed. He has <br />
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