By PAULENE POPARAD

The latest incarnation of Robert Lewis’ Stone River development in Burns Harbor will get a public hearing before the Advisory Plan Commission April 7. Member Jim McGee voted no on the 6-1 motion to do so.

The subdivision on the north side of U.S. 20 west of Domon Lane proposes 24 lots for single-family homes and one commercial outlot, all on 9.72 acres. One entrance would be off U.S. 20 with provisions for connection to adjacent parcels in the future.

Last year town officials failed to approve Lewis’ petition for a planned unit development for 40 homes on the same parcel; the PUD included upgraded amenities like a walking trail, clubhouse, pond with pier and a major upgrade of Domon Lane to town specifications.

Following recent receipt of a letter from Tom Roberts, who owns property to the east, the commission Monday encouraged Stone River consultant Jeff Ballard of Abonmarche Group, LLC to confer with Roberts about preserving his access to utilities. Ballard said Lewis is committed to working with Roberts and that Domon Lane would remain as it is today, a narrow private lane, and not become part of the subdivision.

Commission members asked for changes to Stone River’s proposed covenants, like not allowing leases or rentals of any living units there, and for more information about proposed architectural standards. As for the detention pond, Ballard said it would be built with a safety ledge around the rim to allow someone falling into it to regain footing and climb out.

Ballard said town Fire Chief Bill Arney isn’t requesting changes to the road layout. No on-street parking will be allowed in Stone River. Ballard said some of the project plans had been revised after comments from town engineers Haas & Associates.

Also Monday, the commission voted 6-1 with member Virginia Bain this time dissenting on secondary plat approval for 41-lot Phase 1 of Trail Creek subdivision, located on approximately 35 wooded acres on the west side of South Babcock Road about one-quarter mile south of Old Porter Road

A discussion took place regarding the posting of a bond for the sidewalks. Commission attorney Charles Parkinson said the performance bond to cover improvements not yet completed did not include an amount to ensure the sidewalks would be built; his interpretation is that town code considers the sidewalks part of a subdivision’s infrastructure, but he said a separate bond for sidewalks could be used.

The matter was a thorny issue because of a previous problem with sidewalk completion in another subdivision. Said Bain, “This came about because people told us they’d do, do, do and they didn’t do.”

Trail Creek would have been the first required to bond for all its sidewalks at one time; Parkinson said it was a policy call when the commission wanted to begin enforcing it and how it would be implemented.

Trail Creek developers Pat Kleihege and Jim O’Brien said the additional sidewalk bond represented $100,000 and would quadruple their bond cost. “I understand it’s a burden on the developer, but it’s a burden on the people who live there,” said commission member Jim Meeks alluding to sidewalks with missing gaps.

Kleihege and O’Brien said their subdivision has been going through the approval process for two years. yet other projects after it haven’t been held to the new policy. “We’re at the rubber-stamp phase, not the preliminary stage. Isn’t there a compromise to be had here?” asked O’Brien.

The approved motion granted a sidewalk waiver for the posted bond pending an alternate form of sidewalk guarantee being submitted and approved by Parkinson. When he does, the Plan Commission president and secretary would be authorized to sign the Phase 1 secondary plat. Bain said she’s not comfortable with contingent motions.

On a separate motion the commission voted 5-2 setting a public hearing at the April 7 meeting on a proposed zoning amendment changing the minimum lot width in a Residential-1 zone to 100 feet instead of 80 feet. Meeks said that way ranch homes with three-car garages could be built without variances while keeping a desired distance between the living units. Jim McGee and Cliff Fleming voted no on the motion.

Posted 3/4/2008