Morgan County Plan Commission tables Collier six‑lot plat after residents raise safety, drainage and HOA concerns

Morgan County Plan Commission members voted Sept. 8 to table consideration of minor plat petition MIP‑25‑15, a proposal by Rodney and Rebecca Collier to divide a 31‑acre parcel at 2021 Deer Lake Drive into six lots, after neighbors and the Legendary Hills Homeowners Association raised concerns about the proposed access and other local impacts.

The petition, described to the commission by Ross Droplick of Droplick Surveying and Engineering, would create six lots served by a new privately maintained 50‑foot right‑of‑way that would connect to Legendary Drive. Droplick said all six lots would be served by Martinsville Municipal water and sewer and that the smallest lot (Lot 3) would be about 2.3 acres, exceeding the two‑acre minimum for agriculturally zoned parcels.

The plan drew sustained opposition from residents of the adjacent Legendary Hills subdivision, who pressed the commission on safety, drainage, wildlife and maintenance issues. “The proposed 50 foot access road enters Legendary Drive ... at the absolute crest of a steep hill, an 8% grade,” said Laurie Sachleben, a Legendary Hills resident, arguing the location creates a blind intersection and would be dangerous for left turns in icy conditions. Several speakers, including Devin Martinez (2005 Deer Lake Drive) and Joshua Jones (2015 Deer Lake Drive), described visibility problems at the hillcrest, potential runoff and erosion changes if a road were cut through the existing terrain, and the loss of privacy from traffic behind existing homes.

Residents proposed alternate access options that would avoid routing construction and ongoing traffic through Legendary Hills. Sachleben, citing a handout distributed at the hearing, pointed to three possible access corridors labeled A, B and C on the map; commissioners and neighbors discussed using a previously stubbed Deer Run access or running a road across property owned by neighbor Kevin Presnell as possible alternatives.

Anne Gee, vice president of the Legendary Hills Homeowners Association, told the commission the HOA charges assessments that cover snow removal, mowing and some road repairs for Legendary Drive and related grassy areas. Gee said the proposed new homeowners’ bylaws provided by the applicant did not show any obligation for the new lots to pay HOA fees that would contribute to maintenance costs. “We do actually ... mow on both sides of this road right here. And also we ... do the snow removal every year,” Gee said.

Droplick told the commission the proposed 50‑foot measurement was a right‑of‑way dimension, not the paved width; he said actual pavement likely would be 20–24 feet. He also noted the developer purposefully kept density low — “the amount of the density that we’re asking is 6 homes on a piece of property that could easily handle 20 to 30,” he said — and reiterated the applicants do not plan to ask the county to take over the private roads.

County planning staff noted that the site sits on a local high point adjacent to floodplain mapped downhill, and that the Comprehensive Land Use Plan identifies much of the lower ground in the vicinity as natural resources and recreation. Staff displayed topography and floodplain maps to commissioners and attendees during the hearing.

Commissioners emphasized the central unresolved issue was access and whether the developer and HOA could negotiate a mutually acceptable arrangement. Several commissioners said using the existing stubbed Deer Run access would be the most straightforward solution if the parties could agree. The applicant’s representative said he would ask the owners to try to reach an agreement with the HOA and neighbors.

After discussion the commission agreed to keep the item on the agenda so the parties could pursue negotiations. A motion to table the petition until the commission’s November meeting carried; the commission indicated the petitioners have roughly 60 days to attempt to resolve outstanding access and maintenance questions before the item returns to the commission docket.

Next steps: MIP‑25‑15 was tabled to the commission’s November meeting (Nov. 10). The commission requested that applicants and the Legendary Hills HOA confer about access, easements and whether new lot owners would participate in HOA maintenance or otherwise address road maintenance and drainage concerns. No final approvals or conditions were adopted at the Sept. 8 hearing.