The Hearing

On February 9th approximately 10 Perry Lake Estates and 1 Falcon Creek residents attended the Planning Commission hearing. We were first on the agenda. The Planning Commission President, Mr. Bodenhafer introduced the Planning Commission members, listed the agenda and then turned it over to Michelle Wood, Sr. Planner. Ms. Wood showed an aerial view, discussed the application from Tazian, reviewed the history of the land in question, the number of lots and density. This was followed by any questions from the Planning Commission.

The floor was then turned over to Ara Tazain who presented a rather nice slide presentation showing the proposed plat, discussed how the lots and homes would be comparable to Perry Lake, and basically said since the primary plat for Perry Lake Estates had lots planned for this land, he asked for approval. This was followed by questions from the commissioners. They asked about detention and access to the construction site. I suspect they were sensitive to these issues since we later found out that they received 11 letters in opposition prior to the meeting. Ara explained the detention plans and said that the only logical access to the site was via Worthington Dr. and Galloway Cove. They then asked whether Tazian would be responsible for any damage to the streets.

It turns out that developers are responsible for the condition of the streets for 3 years after the streets are completed - top coated. They post a bond to cover any repairs. The streets in question are under the bond from the developer of Perry Lake Estates, Mike Thomas until October of 2006. So, in effect any damage caused by Tazian prior to October would be covered by Thomas' bond. After the bond expires any repairs are the responsibility of the Allen County Highway department.

This was followed by anyone in opposition to the proposal. A lawyer representing Perry Lake Estates spoke and asked for: 1) if there was any other possible construction access; and, 2) whether Tazian would be willing to post a bond to cover any damage after October 2006. The commissioners decided that there was no legal requirement that they could impose on Tazian and Tazian assured the commissioners that he would fix the roads if there was any damage. However, he was concerned on how it could be determined who damaged the roads. Frankly I was surprised that this had never been addressed by the commission before.

Then a resident from Falcon Creek (Tazian subdivision) explained how when they built they were assured that there would be no development at the proposed site. They also explained they had prior construction experience and they also knew from inspection that the land in question was suspect for building homes - especially with basements. He also described the wildlife - deer, mink, many birds and other species - present on the property.

This was followed by 3 Perry Lake residents who individually expressed concern over the same issues -  all had been told no development, construction access, road damage, increased traffic and more. Apparently the commissioners had heard enough and needed to move on because there were a few other residents getting ready to express their concerns but we were cut off.

Ms. Wood, ended the session stating that in addition there the commission received 11 letters in opposition.

All in all we thought, that under the short timeframe, we expressed our concerns as best we were allowed. The decision was to be made the following Thursday - February 16.