Planning Commission tables Artesian Avenue PUD, seeks written commitments on snow removal, playground fencing and phasing

The Martinsville City Planning Commission on Sept. 23 tabled final approval of the Artesian Avenue planned-unit development after members requested written commitments on winter maintenance, playground fencing specifications and the order of construction. The project, presented by Brian Denard of T and H Investments and involving Habitat for Humanity of Morgan County, would include workforce townhomes, a daycare and six Habitat lots.

Commissioners and the applicant spent the bulk of the meeting on site details and operational assurances. "I think I made a mistake when submitting this," Brian Denard said, explaining the meeting would address the final detailed plan (not a final plat) and outlining changes since earlier submissions, including a returned playground area and added masonry wainscoting on the Artesian Avenue elevation. He said the proposed daycare would be designed to commercial standards and "will be able to accommodate somewhere between 24 and 28 kids," subject to final room measurements and state reviews.

Why it matters: Commissioners said the playground's proximity to a retention pond, unresolved snow-removal responsibilities where the public right-of-way ends and questions about which elements would be completed first raised safety and long-term maintenance concerns. Councilman Coffey and other members asked whether the townhomes and daycare would be taxable (the applicant said the property would no longer be tax-exempt after a sale) and whether the town or a private party would be responsible for clearing snow from Hannah Drive and the new access.

Details and concerns: The applicant described the preferred playground location as a hatched area between Buildings 2 and 4 and said the playground would be fenced; he said the typical fence type would be a 4-foot aluminum vertical-picket fence. On snow removal, the applicant and staff discussed two alternatives: (1) provide a winter parking area to serve as a turnaround or (2) construct a dedicated paved turnoff sized to accommodate DPW equipment. Commissioners pressed for a binding commitment. Staff advised the commission that a requirement that would unduly restrain the free sale of land (for example, preventing sale of a parcel outright) likely would not be legally enforceable, but the commission could require sequencing conditions — e.g., that the townhomes be completed before any Habitat home construction — as a condition of plan approval.

Ownership and phasing: The application describes 34 townhome units owned and maintained by a single entity and six lots to be developed by Habitat for Humanity. Commissioners sought clarity on maintenance responsibilities (including whether an HOA or single owner would maintain the townhomes) and on how the city would ensure future owners honor operational needs such as snow removal and playground maintenance. The applicant said the townhomes would be owned fee-simple by one entity (not individually-owned lots) and that Habitat would likely return to the commission to seek approval for any future use of the remaining undeveloped parcel.

Action taken: Commissioner Ann Miller moved to table docket PC25017 to allow the applicant to provide additional documentation and written commitments; the motion passed. During discussion prior to the vote commissioners specifically requested: (1) a commitment from the developer about who will remove snow on the public portion of the road and how any private portion will be handled, including whether the developer will provide winter maintenance in perpetuity or in a recorded maintenance agreement; (2) details of playground fencing (height, materials and color) and confirmation of a fenced play area separated from the retention pond; and (3) an enforceable sequencing plan showing that the townhomes (Parcel 2) will be completed before construction of the Habitat houses on the third parcel, or equivalent contractual commitments presented for approval.

What's next: The applicant will return with the requested written commitments, specific fence specifications for the playground, clarification on whether the retention pond will be wet or dry in the final engineered plans, and phasing language for the record. The commission indicated it would expect those items to be addressed before taking final action.