The petitioner to
rezone Lots 1-4 and 25 in the Summer Tree subdivision and the attorney for
the property owners association said they are coming to an agreement about
sharing the costs of maintenance by having the new homeowners join the POA.
Wednesday was the
Porter Plan Commission’s public hearing for a replat of the four lots near
the entrance of Summer Tree off of Waverly Rd. and part of another lot on
Saddle Back Lane from commercial to residential. The petitioner is Fox Chase
Development, the original developer of the subdivision, represented by
attorney Todd Leeth.
During last month’s
preliminary hearing, Leeth said there was no wish to join the POA so the new
homeowners wouldn’t have to pay for past expenses they were not responsible
for, but in talking to the POA’s attorney Connor Nolan earlier on Wednesday,
Leeth felt there was a way they could come to a consensus if certain
restrictions are removed, mainly those dealing with roof repairs on the
“We can join the
association and have it be a good result overall,” Leeth said. “We are in
agreement to agree.”
Leeth said he
believes the new homeowners can give their fair share in the costs for
drainage and lawn care maintenance.
Nolan, for his
part, corroborated much of what Leeth said, but the biggest concern the POA
has is that there is no signed agreement for the new units to connect to the
pond maintained by the POA. The POA seeks an agreement before any building
permits are issued, Nolan said as he distributed copies of a letter
addressing the concerns to the Plan Commission.
Nolan’s letter says
the POA has no objections to the petitioner’s request to subdivide lots 1-4
and 25 or the nine new duplex buildings it wishes to build, but emphasizes
the need for a guarantee that the lots will be well maintained and not
depreciate the values of the existing properties and homes.
In the public
hearing, the speakers, all of whom were Summer Tree residents, all brought
up the concerns of parking and traffic.
POA President Diana
Shook the duplexes on Saddle Back Ln. are already causing a lot of traffic
congestion as it is.
“It gets to be a
very busy street,” she said.
Valade echoed how challenging it is with vehicles parked along the roadway
and how it will increase with the new homes built. “I’m just not sure how
that’s going to work.”
Dan Corona asked if
the building on lot 25 could face towards the private drive so as to make
traveling less hazardous on Saddle Back Ln.
Leeth said the
problem with using the private drive is that it is not wide enough, and
also, the homeowner would have a public street running through their
backyard if they face the building to the east.
included whether the strip of park area along Lot 25 will be kept. Leeth
said that the strip of land is owned by Fox Chase Development, which has the
freedom to decide what to do with it.
Corona said after
looking at records three or four days ago he believes the POA is the owner.
The Commission said
it will look into who the rightful owner is.
As for traffic and
parking, Leeth said changing the lots over from commercially-zoned to
residential would mean less impact on the traffic. He said the developer
intends for each unit to have a two-car garage and parking for four
member and Town Police Chief Jamie Spanier said that parking is not allowed
on the part of the street with lots 1-4, nearest to the subdivision’s
entrance on account of Seven Peaks Water Park being across the road.
restriction was put into place recently, he said, after neighbors complained
of park visitors parking along the street.
Planner and Public
Works Director Brenda Brueckheimer said it would be good to mention the
restricted street parking in the covenants. Spanier said it is possible to
keep the ban only when the water park is open.
Jim Erikkson felt it best to keep the public hearing open to the next
meeting so the two groups can advance toward an agreement.
The planners voted
unanimously to table the hearing until next month.