Brookville council approved the Arlington Woods II section one subdivision record plan.
Terry Baver | The Register-Herald
BROOKVILLE — Council approved the final subdivision record plan for the first phase of the Arlington Woods II section one subdivision.
Council voted 6-0 to approve the record plan after planning commission approved it at its Sept. 19 meeting.
Mayor Chuck Letner was absent from the council meeting.
According to law director Rod Stephan, Terra Nova Development Group Inc., filed the final subdivision record plan for Arlington Woods II section one.
“The Arlington Woods II section one final subdivision plan contains 25 lots for single-family housing that will be built in the first phase of this project,” Stephan said.
“The Arlington Woods II section one record plan also provides for the completion of the extension of Meadow Glen Avenue to Westbrook Road,” Stephan said.
Stephan noted “the final record plan is consistent with the preliminary plat for this subdivision that has been submitted to planning commission for approval.”
Stephan said Arcon Builders, located in Arcanum, will be the builder of the subdivision.
“They will be building single-family homes that will have a minimum of 1,800 square feet of living area,” Stephan said.
“The covenants and restrictions on the subdivision will be substantially the same as those covenants and restrictions in the original Arlington Woods subdivision that abuts the east side of this new subdivision,” Stephan added.
Planning commission chairperson Ryan Henderson, mayor Chuck Letner, councilmember Curt Schreier and planning commission members Ken Claggett and Damian Kristof voted to approve the final subdivision record plan for the first phase of the Arlington Woods II section one subdivision while planning commission members Jeff Wright and Tony Ezerski abstained.
Stephan also advised council planning commission on Sept. 19, approved a preliminary plat application filed by Terra Nova Development Group Inc. for Arlington Woods II subdivision, section one, two and three.
Stephan said the plan provides for 64 lots to be developed in three phases.
“This subdivision is located on Westbrook Road, west of the Arlington Woods subdivision,” Stephan said.
Stephan said the proposed subdivision is 23.952 acres and “includes county auditor parcel numbers C05 00314 0057 and C05 00314 0063.”
Stephan also said the property is zoned R-1B (Urban Residential District).
“The property is part of 78.11 acres that was annexed to the city of Brookville on Sept. 3, 1991,” Stephan said.
“The property was zoned R-1B on Dec. 3, 1991,” Stephan added.
Stephan noted the lots meet all of the development regulations for R1-B lots.
“The preliminary plat provides for the extension of Meadow Glen Avenue to Westbrook Road,” Stephan said.
“Meadow Glen Avenue currently ends at the north boundary of the property, and it was designed to connect to Westbrook Road when it was constructed as a part of the Sterling Meadows subdivision,” Stephan continued.
Mike Oxner, of Professional Associates in Brookville, told planning commission “this preliminary before you is identical to the one that was approved by the planning commission in 2003.”
“The lot configuration size and all of that is identical. We haven’t made any revisions or changes to any of that since that development was proposed back in 2003,” Oxner said.
Henderson, Letner, Schreier, Claggett and Kristof voted to approve the preliminary plat application while both Wright and Ezerski abstained.
Wright suggested planning commission discuss a statue of limitations because the project has remained dormant for more than 30 years.
“I think that it’s important that this project was approved in 2003. This isn’t a new project per se coming before planning commission,” Wright said.
“When you think about it, this property was annexed and zoned 34 years ago and there was a plan put forth that, for whatever reason, didn’t gain steam, so, there’s two periods of time that are both over 20 years. I think that becomes relevant when you think about everything else that has happened,” Wright said.
“Maybe we should talk about incorporating some sort of statute of limitations because I think with the passage of time makes things much less relevant. I think it’s too late for this (project) and that’s something we should talk about,” Wright said.
Stephan replied “permitted uses typically don’t have a statute of limitations.”
“When someone buys property – whether it’s a year ago or 10 years ago – if there’s a particular zoning, they expect to be able to carry out certain permitted uses,” Stephan said.
“When people purchase property and put a particular zoning category on it, the purchasing is based on the idea that use is going to be there in the future,” Stephan continued.
“I agree with that concept, but my counter is when there’s property that is sold and you are looking at R-1A or R-1B zoning classification for a large plot of land, the passage of 30 years makes a significant impact on the community,” Wright said.
“I was just shocked to see this when you think about the community’s voice,” Wright said, referring to the controversy that has arisen concerning the growth of the city.
Reach Terry Baver at [email protected].
