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Ross Holloway then presented a two lot minor plat on Ferguson Road-Sugarwood LLC. This is on the Yeager property. Lot 1 is Weliever Chevrolet, Lot 2- 2 lot minor consisting of 1.199 acres, and Lot 3- the large remaining part of the parcel. The Sanintary Sewer will be on line within 30 days. Lot 2 will be accessed by an easement, but the agreement for maintenance hasn't been decided upon as of yet. The access road will be paved. Inspector Joe Beikman told the Commission the remaining parcel-Lot 3- has to have the utilities, building lines, fire hydrants, property access width, road maintenance agreement, and county right of way dedication all on the Plat before signing. John Hammel addressed the Plan Commission saying he didn't see logic in separating off2 acres for R-3. Also he didn't think a 50' road was wide enough, he thinks that people will use this access to get to the commercial part of property. Dale Green spoke opposing the access off of Ferguson Road. Ross Holloway said that Weliever Chevrolet will be the primary access with two lanes 24' wide. Becky Brown owner of a house next to the road they are proposing said Mr. Yeager had never taken care of this property. A neighbor has always taken care of Mr. Yeager's property. Mark Beckman of Duncan Drive asked if this was creating a land locked parcel? Mr. Holloway said he proposed the easment out to Ferguson Road and that the Yeagers didn't know what or where other roads will be placed. Mrs. Weddle of 464 Ferguson Road said this will cause extra traffic on Ferguson Road is is opposed to the access. Bonnie Hammel spoke saying the Drive area was a problem. There is 37 other acres and can see lots of accesses. Mr. Holloway said the logical access is 280' out to Ferguson Road. President Beebe said he didn't feel he had enough information to vote tonight. Motion was made by Commissioner Marshall, second by Commissioner Ehrhart to table this matter. Vote was 4-1 not a Quorum. Motion was made by Commissioner Young, to not approve this two lot minor plat. There was not a second to the motion, so the motion died. This is continued to the June 24th meeting. No new notices. JeffBanning of Banning Engineering presented the site plan for Phillips Lawn Care who is proposing a building in Flagstaff Industrial Park. They agree to add a fire hydrant to plan. Bill Montrie is the developer. When this area was rezoned as a PUD-I, commitments were made - no access offofBethel Road. There are still two residences there. There is one pie shaped acre that will be landlocked. Possibly a bridge could be built to reach this acre costing approximately $30,000.00. Building Inspector Joe Beikman stated downstream flows were to be certified on Plat, and retention basin shown on the Plat. Motion was made by Commissioner Ehrhart, second by Commissioner Young to approve amendment to PUD-I provided certifications and fire hydrant was included on the Plat. Motion carried 4-1 with Commissioner Pygman opposed. This was not a quorum, tabled to next meeting, 6-24-99. Commissioner Pygman was concerned about locking in 2 acres for no access. EDC Director Harold Gutzwiller told the Commission the Developer was the one at risk. It was the developer's problem if two acres were landlocked. He didn't think Phillips Lawn Care should be penalized and put offfor another 30 days more on construction. Commissioner Pygman said when the developer comes back the Commission will have forgotten about no accesses on Bethel Road. Mr. Gutzwiller said that in the next 60 days the developer will come to Plan Commission to make an amendment to the Plat anyway, so this landlock problem should still be fresh in the Commissioner's minds. Town attorney Tim Currens said a revote could be taken. Motion was made by Commissioner Young, second by Commissioner Ehrhart to take a revote and to accept this PUD-I amendment with the Tech