The Journal Gazette, 600 W. Main St., Fort Wayne IN

Environmentalists and developers clashed again Thursday over a proposed luxury housing development near Cedar Creek on land owned by the Allen County Plan Commission president.

Plan commission members heard more than four hours of discussion and debate on the Canyon Cliffs subdivision proposed northeast of Coldwater and Chapman roads. Plan commission President Chuck Bodenhafer, who owns the land with his wife, did not attend the meeting and has recused himself from voting on the project.

Oakmont Development Co. III LLC’s plans to build 28 homes costing $500,000 to $1.5 million have angered some neighbors and environmentalists, who say the project will threaten Cedar Creek’s natural beauty.

Opponents have asked the developer to consider selling the land to a conservation group. Oakmont Development did offer nearly eight acres along Cedar Creek to ACRES Land Trust as a gift, but the group could not accept because of the developer’s conditions, ACRES President David Van Gilder said. ACRES, which owns nature preserves adjoining the subdivision site, would have had to agree not to challenge the subdivision proposal, among other conditions.

Oakmont Development was not willing to offer a gift if it would have to turn around and fight the recipient in court, said Tom Niezer, the attorney representing the developer. Oakmont Development also wanted to ensure land so close to its home sites would not become a public park with many visitors. The developer asked ACRES not to allow public access to the site as one of the conditions, he said.

Canyon Cliffs’ construction will improve the area’s environmental conditions by providing sewers to homes with failing septic systems, Niezer said. Oakmont Development will extend sewer service to more than 50 homes in Holmestead Acres, a subdivision where all but five houses have failing septic systems. About 15 Holmestead Acres residents attended the hearing to support the project.

Opponents worried the proposed sewer line, which would run under the creek, could leak and contaminate the water. The Huntertown aquifer, which flows beneath the creek, supplies much of Fort Wayne’s drinking water, said Tony Fleming, a geologist who wrote a study on the county’s groundwater supply. The aquifer is sensitive and should be protected from contamination, he said.

Double-lined sewer pipe and other measures will help prevent any leaks, Niezer said. The slim possibility of a leak should be weighed against the real benefits the project will have – relieving failing septic systems, he said.

“It’s a hypocrisy we’ve had to listen to for the last month – people complaining about a sanitary sewer system that is clearly more efficient than the septic,” he said.

But the project could damage habitats for more than 50 animal species classified as endangered, threatened or rare, opponents said. The Cedar Creek also is home to a blue heron rookery, neighbor Jean Wise said. The birds’ breeding would likely be disturbed by construction noise, and they could leave the area, she said.

“It is a precious thing we have on Cedar Creek that you won’t find most other places,” Wise said.

Most of the nearly 139-acre site is zoned for agricultural estates, and these large lots of about three acres will fit into that designation, Niezer said.

Oakmont Development proposed the project as five miniature subdivisions under the county’s minor plat ordinance, which took effect this year. The ordinance allows agricultural property owners to divide a parcel into up to six lots every 18 months. Oakmont Development can build five of these simultaneously because it subdivided the land into seven parcels in 2001, Niezer said.

Some Canyon Cliffs opponents have filed complaints to the Allen County Ethics Commission, even though Bodenhafer recused himself from voting.

Bodenhafer declined to discuss the subdivision Wednesday and said he would not comment on Thursday’s hearing.

Although some challengers have said they had heard Liberty Construction – plan commission member Ken Neumeister’s company – would be the project’s general contractor, Neumeister said it was not true. Neumeister said he has no financial interest in the project and did not recuse himself from the hearing.

The plan commission heard the subdivision proposal because its executive committee could not reach a unanimous decision on Canyon Cliffs after two meetings last month. Allen County Commissioner Bill Brown blocked the project’s passage because he said the entire plan commission needs to weigh in on such a controversial project.

Supporters and opponents discussed Canyon Cliffs for more than five hours during the executive committee hearing last month. More than 370 people signed petitions against the project.

The plan commission is scheduled to vote on the project at 1:30 p.m. Thursday in Room 128 of the City-County Building.

jglenn@jg.net