County panel approves family lot split at 12220 W. U.S. Route 150 despite shared-well concerns

The County Planning Commission unanimously approved a special-use request to divide a 12.5-acre parcel at 12220 West U.S. Route 150 in Rosefield Township, creating a 5.25-acre lot for a new single-family home. The split was approved after staff recommended approval with a restriction that the property not be split again.

The petition, filed as zoning case Z v A2025-0044 by Philip Mollick, seeks a special use under section 20-5.2.2.1.a.1 of the Unified Development Ordinance, which allows a special use when a proposed lot split does not meet the 25-acre minimum. Andrew, planning staff, told the commission the existing tract is 12.5 acres and the new home would be occupied by a family member; the site already contains one occupied dwelling.

The matter matters locally because the proposed new lot would rely on a shared well and a new septic system. Andrew said the health department has approved the shared well, which produces 15 gallons per minute, and the parcel would receive new frontage and access on U.S. Route 150. The Zoning Board of Appeals recommended approval and the staff report recommended approval with the condition that the property not be further divided.

Commissioner Terry raised concerns about the absence of a written well maintenance agreement. "The absence of a well agreement seems like dangerous business to me," Terry said, warning that subsequent property owners could face access and maintenance disputes. Terry asked whether the planning authority or the health department require a well agreement when two parties share a well.

Andrew replied that Planning and Zoning does not require a well agreement and said he would check the health department's requirements. "I can bring back information, and present it to you before the county board vote on this subject," Andrew said, offering to report back so the commission would have the health-department guidance before final county board action.

Commissioner Gary said the issue may be a private civil matter between property owners but acknowledged that subdivision developments commonly include written maintenance agreements at purchase. The commission discussed whether it could impose a maintenance-agreement condition on the current special-use approval; Andrew said the committee may include a maintenance agreement as a condition of approval but that there are no existing regulations requiring one.

The commission voted to approve the special use request with the staff-recommended restriction that the parcel not be further split. The approval was unanimous. Andrew will look into the health department's practices and return with information before the county board considers the matter.

There were no public comments recorded on this item during the meeting.