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Plan Commission approves Whitetail Ridge 6-lot minor plat after developer agrees to covenant changes and landscape buffer
Summary
The Morgan County Plan Commission approved a six-lot minor plat called Whitetail Ridge after the applicant agreed to covenant edits, a perpetual maintenance agreement for the private gravel drive, and a landscape buffer to screen neighbors; drainage plans and oversized culverts were central to the discussion.
The Morgan County Plan Commission on May 12 approved minor plat MIP 25-05, a six-lot subdivision to be called Whitetail Ridge on a 77-acre parcel southwest of the Dayhoff Road and Rooker Road intersection in Brown Township.
David Gilman, of Land Development Services, representing Glenn Shaikh and 3 Loan LLC, described road and drainage work the applicant said were designed to accommodate school buses and emergency vehicles. "Those are 5 feet diameter and 50 feet in length. And then there's 1 further south that is 24 inches diameter and 40 feet in length," Gilman said, referring to corrugated culvert pipes installed through low depressions on the site. He said the gravel drive will be 18 feet wide with 2-foot shoulders, have 18 inches of full aggregate, be protected by a 50-foot easement and will not be dedicated to the county.
Gilman told commissioners the six lots will be between about 12 and 14 acres each, will use individual septic systems approved by the health department, and will be governed by covenants that include a perpetual maintenance agreement for the private drive. He also said the applicant had agreed to add a lighting covenant requiring fully shielded outdoor fixtures so neighbors would not receive glare.
Neighbors raised concerns about drainage, traffic and long-term maintenance. Ron Lear, who said his low-lying fields flood after heavy rain, asked how the culverts and filling would affect downstream flow: "So how are they ... this is gonna be water that's going to the south, and it's gonna affect Chrome, it's gonna affect me," Lear said. Gilman replied that the county surveyor had reviewed and deemed the culvert sizing adequate and that the project would submit a full drainage plan to the county reviewer.
Commission members pressed the applicant to reword several covenant provisions. Gilman said the applicant would: remove a problematic "but" from a maintenance clause, reword the release date for developer maintenance so that the developer remains responsible until all lots are sold, and clarify nuisance language to prohibit junk cars. Gilman also agreed to provide a staggered row of pine trees along the entrance to provide year-round screening requested by nearby residents.
After the public hearing closed the commission received a motion to approve MIP 25-05 with the applicant’s stated commitments. The motion was seconded, commissioners voted in favor and the motion carried.
The approved plat documents will include the covenants and the perpetual maintenance agreement; the private gravel drive will remain private and will not be dedicated to the county, per the applicant's presentation.
