Members Present:
Yolanda Cardona, Jon Gill, Robert Birlson, Bob Valois, Jason Vlasic
Members Absent:
Nancy Wohland, John Kennedy, Mr. Decker, Attorney
Also Present:
Chris Salatas, Town Manager; Bryan Panczak, Town Council Liaison; Mr. Kraus, Engineer; Katie Szczepanski, St. John Deputy Clerk-Treasurer; Dave Westland, Attorney; Sergio Mendoza, St. John Building and Planning Administrator
President
Mr. Gill made a motion to nominate John Kennedy for President of the Plan Commission. Ms. Cardona seconded the motion.
Ayes – Robert Birlson, Yolanda Cardona, Jon Gill, Bob Valois, Jason Vlasic
Nays – None
Motion approved unanimously
Vice President
Mr. Gill made a motion to nominate Bob Birlson for Vice President of the Plan Commission. Ms. Cardona seconded the motion.
Ayes – Bob Birlson, Yolanda Cardona, Jon Gill, Bob Valois, Jason Vlasic
Nays – None
Motion approved unanimously
Secretary
Mr. Gill made a motion to nominate Yolanda Cardona for Secretary of the Plan Commission. Mr. Vlasic seconded the motion.
Ayes – Bob Birlson, Yolanda Cardona, Jon Gill, Bob Valois, Jason Vlasic
Nays – None
Motion approved unanimously
Katie, St. John Deputy Clerk-Treasurer, joined the meeting virtually and swore in the present members of the Plan Commission.
Mr. Birlson asked for a motion to defer the minutes from the following meeting:
Plan Commission Regular Meeting:
December 1, 2021
Ms. Cardona made a motion to defer the December 1, 2021 Plan Commission Regular Meeting Minutes. Mr. Vlasic seconded the motion.
Ayes – Bob Birlson, Yolanda Cardona, Bob Valois, Jason Vlasic
Nays – Jon Gill
Motion to defer granted four to one.
Attorney Kuiper introduced himself as the attorney representing LBL Development and gave a brief description of the project stating that this plat is for 218 lots, which is approximately 70 lots less than what was originally approved, and is an R-2 PUD zoning. These lots will be part of the HOA for The Gates East. Attorney Kuiper stated that these two components finalize the overall plan for The Gates that is East of Cline. He spoke of a stub connection that was installed going to the south towards 231 out of units 24 & 25, as recommended by the Town, and the fact that units 24 & 25 also house well 9 that has been deeded to the Town, which will be removed from the final plat. He also stated that units 27 & 28 were slightly revised after the last meeting from fifty-three to sixty foot building lines.
Board Discussion/Questions/Comments
Town Council Liaison Bryan Blazak asked Attorney Kuiper if the HOA would be responsible for the retention pond behind the development. Attorney Kuiper stated any detention ponds within the development would fall under the requirement of the HOA.
Ms. Cardona asked if Mr. Kraus has reviewed the plans and if he had any questions. Attorney Kuiper stated that Mr. Kraus has reviewed units 24 & 25 separately from units 27 & 28 and that there were some minor engineering notes that were addressed.
Mr. Birlson asked Attorney David Westland if he had any comments on the petition. Attorney Westland stated he was there to address a comment that had come up regarding what the zoning was of the 111 acre parcel. He stated that when it was annexed it was annexed as an R-2 PUD, which passed four to one. We have an Ordinance, as of the fall of 2019 that states if it was not a unanimous vote on the zoning that it would be zoned as R-1. Attorney Westland went on to explain the legal proceedings and the final settlement agreement that occurred after finding out that there was some confusion on if the parcel was zoned R-1 or R-2 PUD. Ultimately the decision was made that the parcel is allowed to be R-2 PUD as long as the lots were developed with a width of sixty feet, 90% of the lots shall have a minimum depth of 140 feet, and that the lots meet the other requirements needed to classify them as R-2 PUD zoning. This settlement agreement was the subject of two Town Council meetings where the public was allowed to comment on it, and the Council ultimately decided to unanimously agree with the settlement agreement. It is now up to Mr. Kraus to confirm that the developer is following the parameters laid out by the settlement agreement in order to leave the parcel as R-2 PUD. Mr. Kraus stated that he could confirm that the lots are sixty feet wide, but he did not know about the 140 foot depth requirement and that he would double check it. Attorney Kuiper stated he did not personally do the calculations, but it is his understanding that 90% of the lots meet the 140 foot depth requirement.
Open to Public Hearing for 2021-31 THE GATES OF ST. JOHN, UNIT 24, 25, 27, 28: Proposed Preliminary/Primary Plat for a 218 Lot Subdivision approximately 200FT southeast from intersection of 101st Avenue and Blaine Street , and approximately 650FT south at the intersections of 105th Avenue at Blaine Street and at Whitney Place
Nicholas Crnokrak, 10656 Bell St. Crown Point, Green Acre Estates, adjacent to unit 25, stated there is an outlot that the Green Acre subdivision owns as a whole that looks to be inaccurately represented on the plat and he hoped that in their findings, the Commission investigated in to the outlot that the subdivision owns. Mr. Crnokrak also expressed his concerns and asked what the Town planned to do in regards to the elevation difference between the two subdivisions and how the improvement of the property will only increase the amount of rain water Green Acres will take on, as well as the concern of contaminants in to their well and septic systems due to runoff, and the concern of The Gates residents trespassing on to their properties, to which Mr. Lotton had stated he would erect a fence to prevent that. Mr. Crnokrak stated he would like that in writing from Mr. Lotton.
Leonard Barman, 7910 W. 109th Ave. Crown Point, stated he represented the adjoining property owners to the south of the proposed subdivision. He presented the Commission with a list of four requests which included a temporary fence along the property line where development will occur, a permanent six foot privacy fence in order to keep out trespassers that the HOA maintains, noting that NIPSCO has an easement there and if any work needs to be done it is the HOA’s responsibility to remove and replace the fence, a guarantee that the Town will be liable for any crop damage that occurs due to flooding from improper drainage after development, and something in writing from the owners of the future homes that shows they have no right to come against Mr. Barman and his family if they decide to house livestock on their property in the future. Mr. Barman also inquired about the future development of the “knock out” area where the current farm houses are on Cline. Mr. Birlson stated he was not aware of what the future use would be there.
Mr. Mendoza stated he did receive an email at 2:30pm that day from James Guritz, 7715 W. 101st Ave. Crown Point that expressed his concerns regarding the amount of stormwater that will be added with the new development, seeing as his backyard already floods making it difficult during mowing season. Mr. Guritz went in to detail regarding the current un-kept vacant lots, poorly maintained retention ponds (specifically the Magnolia pond) and added traffic issues that are currently being faced in the area.
Closed to Public Hearing for 2021-31 THE GATES OF ST. JOHN, UNIT 24, 25, 27, 28: Proposed Preliminary/Primary Plat for a 218 Lot Subdivision approximately 200FT southeast from intersection of 101st Avenue and Blaine Street , and approximately 650FT south at the intersections of 105th Avenue at Blaine Street and at Whitney Place
Board Discussion/Questions/Comments
Attorney Kuiper addressed the Green Acre subdivision water concern by stating that the amount of sheet flowing of water will be significantly decreased once the development is complete. Approximately thirty acres is currently sheet flowing, which will be decreased to only the rear yards that adjoin to Green Acres. He also stated that the Magnolia pond will be tied in to the entire system, resolving those issues, a fence will be place between Green Acres and East Gates, and any tiles that are cut from Mr. Barman’s property during development will have to be tied in to the stormwater system at that time and will be done so. Mr. Kraus commented further on the discussions he also had with Mr. Barman regarding his drain tiles as well as the large area that was referenced, which will be an extension of the storm sewer that is on Blain Place.
Mr. Kraus stated he had asked for details of the intersections at Blaine Place and 101st Ave. as well as Morse Place and 101st Ave. and only showed a left turn lane at the Blaine and 101st intersection, but not the Morse and 101st intersection. Attorney Kuiper stated as far as he recalls, per recommendations from First Group, the Blaine Place required deceleration lanes, but the Morse Place area did not. Mr. Kraus stated he would go along with First Group’s recommendation then. Discussion followed regarding the need for decel lanes as well as turn lanes at both intersections.
Mr. Gill asked Attorney Kuiper what the details of the requested waiver were. Attorney Kuiper stated they are requesting that curbs and sidewalks be waived along 101st as well as Cline in order to stay consistent with the other project that was previously approved as well as with The Gates to the west side of Cline Ave.
Board Action
Mr. Birlson asked for a motion to approve/deny/defer The Gates of St. John Unit 24, 25, 27, 28 preliminary plat. If a motion to approve is made, it needs to be contingent on Mr. Kraus checking the lot depths to make sure that 90% of them are at 140 feet as well as the compliance of the engineering review list, and waiver for the curb/gutter/sidewalks on 101st Ave. and Cline Ave.
Mr. Gill made a motion to approve The Gate of St. John, Unit 24, 25, 27, 28, and all discussions and Findings of Fact, contingent on the engineer approval of the lot depths and compliance of the engineering review list, but motioned to deny the request for the curb/gutter/sidewalk waiver on 101st Ave. and Cline Ave. Attorney Westland requested that the engineering list of requirements include a list of recommendations from the traffic safety engineer, First Group. Mr. Gill amended his motion to include that the engineer list of requirements include a list of recommendations from the traffic safety engineer, First Group that the developer has to comply with. Ms. Cardona seconded the motion.
Ayes - Bob Birlson, Yolanda Cardona, Jon Gill, Bob Valois, Jason Vlasic
Nays – None
Primary Plat approved with the listed contingencies, waiver of curb/gutter/sidewalks along 101st Ave. and Cline Ave. denied.
Nick Georgiou, Sumac Group of Indiana, gave a brief overview of the project and location. Nathan Vis, Attorney, started by addressing the maintenance of the green and blue spaces stating that each property will have its own association that will contribute to the maintenance. He also elaborated on the mixed use space and what that will look like, as well as the potential timeline of the project, and an outline of what will be included and allowed in the PUD.
Mr. Birlson asked if the previous discussion regarding the proposed sign was resolved. Mr. Georgiou stated after further review of the St. John Sign Ordinance, a ground sign is allowed per retail center and the way the site is structured, there are four retail centers which would allow for four signs and a monument sign at the villas off of the residential entrance. The two signs on Calumet exceed the allowed square footage by about fifteen square feet, on the live/work sign we are about two feet taller than what is allowed, but the monument sign at the villas does conform to the standards set forth in the Ordinance. Attorney Vis stated that even though the signs are larger than what is allowed per Ordinance, they will be landscaped and fit in with the area, not stick out.
Open to Public Hearing for 2021-25 St. John Commons
Dan Keca, 14200 Onyx Way St. John, stated that he represents the seven homeowners that will butt up to the bike path and asked if it’s possible for the path to be straight and moved further north because the meandering design brings the path close to the homes that exist there. He expressed his concern of motorized vehicles, dogs unleashed, and the added traffic and noise it will bring to the area.
Tony Gill, 13979 Golden Grove Ave. Dyer, expressed his concern about property values dropping with the live/work spaces being a part of the project.
Dough Davis, 10325 White Sand Lane Dyer, expressed the same concern regarding the proposed bike path as Mr. Keca.
Sandy Phalen, 14220B Onyx Way St. John, expressed the same concern regarding the location of the bike path and asked who would maintain the bike path.
Mr. Mendoza read in to the record remonstrance’s submitted via email from the following citizens; Kelli Langmeyer, 10224 Rolling Meados Lane Dyer that stated “let it be known that both of us, Alan Langmeyer and Kelli Langmeyer, strongly oppose any changes to the current property zone of R-1.”
Elizabeth Farrell, 10367 Red Rock Place St. John, which expressed her protest in regards to making Red Rock Place a thru-street going north into a business district. “We live on a peaceful street and do not want thru traffic coming through. Please consider this plea as you plan this venture. Please have consideration for the residents on this block.”
Michael Christoph, 10343 Red Rock Place Dyer, which expressed his concerns in making Red Rock Place a thru street. In the email Mr. Christoph included a signed petition from fifty-one residents of Red Rock Place and Greystone stating they are not in favor of extending Red Rock Place.
John Mullen, 10319 Red Rock Place Dyer, which expressed his concerns of heightened traffic and safety issues if Red Rock Place were to be made a thru street.
Closed to Public Hearing for 2021-25 St. John Commons
Board Discussion/Questions/Comments
Mr. Georgiou addressed the concerns regarding the bike path stating that they are open to a change in design in order to address the resident’s concerns regarding location. He also stated that he did not know if work had started yet, but that there is a proposed bike path along the east side of Greystone that they had planned on tying in to. In regards to Red Rock Place, we are in favor of not creating a thru street, but rather a cul-de-sac that ends the street, as shown on the plat, and the same has been done on Blue Sky. That road will be looped around and will not be brought through the subdivision.
Attorney Vis stated in regards to the bike path being straight, that will create more of an autobahn and we would like to create a more leisurely pathway which is why we curved it. In regards to maintenance, he reiterated that there will be associations that will be in charge of maintaining all of the green and blue space within The Commons. He also addressed the concerns of the value of the properties being created and stated that the villas will be all brick except for the back side and the condos that are being created will be roughly 2,000 square feet and will hold a current value of upwards of $400,000 per unit. Mr. Birlson asked if they could comment on the value of the paired villas, and Mr. Georgiou stated that those will be valued at $400,000 and up. Mr. Georgiou also went in to further detail of the maintenance plans and sign plans that have been submitted for consideration. Brad Lambert, St. John Commons LLC, stated that more than likely the LLC will be responsible for maintaining all areas of the Commons, and while the associations will be contributing financially, the same contractors that maintain the commercial areas as far as snow plowing and landscaping, will be the same that maintain all of the green and blue spaces throughout the property.
Mr. Valois asked what type/size of trees will be planted where the property butts up against the resident’s homes. Mr. Georgiou pointed out the schedule of sizes and types in the landscaping plan that was submitted, which follows the requirements set forth in the Ordinance.
Board Action
Mr. Birlson asked for a motion to approve/deny/defer the request for the St. John Commons to be rezoned to a PUD. He asked Mr. Mendoza if a waiver would be needed if a favorable recommendation was made to the Town Council in regards to the sign sizes. Mr. Mendoza stated that the sign sizes are part of the PUD that has been presented so no additional waiver would be needed.
Ms. Cardona asked Mr. Georgiou to reiterate that they are willing to move the bike path further north away from the existing residents. Mr. Georgiou stated that was correct.
Ms. Cardona made a motion to forward a favorable recommendation to the Town Council to approve the St. John Commons rezoning to PUD and all discussions and Findings of Fact. Mr. Valois seconded the motion.
Ayes - Bob Birlson, Yolanda Cardona, Jon Gill, Bob Valois, Jason Vlasic
Nays – None
Favorable recommendation was made to the Town Council for the rezoning of St. John Commons.
Mr. Birlson read in to record Mr. Kraus’s letter of comments to the Commissioners, which stated he had reviewed the plat and finds it to be satisfactory, the developmental fee for the project is $1,500, and that the public improvements are existing and no letter of credit or surety bond is required.
Board Action
Mr. Birlson asked for a motion to approve/deny/defer the request for final approval of the 1-Lot Avondale Estates Subdivision.
Mr. Gill made a motion to approve the secondary plat for Avondale Estates Subdivision and all discussions and Finding of Fact. Mr. Vlasic seconded the motion.
Ayes – Bob Birlson, Yolanda Cardona, Jon Gill, Bob Valois, Jason Vlasic
Nays – None
The motion carried to approve the final plat of Avondale Estates Subdivision.
Board Action
Mr. Birlson stated he was looking for a motion to defer Ravenwood Business Center, Phase 2, Lots 8, 9 & 10.
Mr. Gill made a motion to defer Ravenwood Business Center, Phase 2, Lots 8, 9 & 10. Ms. Cardona seconded the motion.
Ayes – Bob Birlson, Yolanda Cardona, Jon Gill, Bob Valois, Jason Vlasic
Nays – None
The motion carried to defer Ravenwood Business Center, Phase 2, Lots 8, 9 & 10.
Mr. Birlson read in to record Mr. Kraus’s letter of comments to the Commissioners, which stated he had reviewed both secondary plats combining two existing R3 lots (Lots 24 & 25) into three lots, as well as another two existing R3 lots (Lots 6 & 7) into three lots and they are found to be satisfactory, the developmental fee for the project is $1,500, and the public improvements exist, no letter of credit or surety bond is required.
Open to Public Hearing for 2021-28 Hunter’s Run, Phase 1, Lots 6 & 7 and Phase 3, Lots 24 & 25
Don Casper, 9977 Hunter’s Run St. John, stated he will be located in the back of the three lots and asked if anyone has addressed the fact that there is a wet area behind there and asked, if there is an elevation change, how that will affect the water runoff and the water that currently collects there.
Carl Madsen, 11347 Valley Drive St. John, stated the association has been working with Mr. Van Der Noord and has no issue with the changes being proposed and the added lots to the subdivision, but added that it will be interesting to see how the drainage issues will be addressed as the plans move forward.
Marsha Lemere, 9993 Pheasant Lane St. John, asked how long the project will take.
Jeff Brant, 10418 Victoria Court Munster, stated he was the original developer of this particular subdivision and wanted to express his support for the addition of these lots and how they are now wanting to finish the development.
Closed to Public Hearing for 2021-28 Hunter’s Run, Phase 1, Lots 6 & 7 and Phase 3, Lots 24 & 25
Board Discussion/Questions/Comments
Mr. Van Der Noord addressed the water issue by stating they would look at the final grading to see how they can alleviate some of the standing water. In regards to the timeline, they are thinking of possibly erecting a duplex and seeing how it goes as far as selling those two dwellings, or erecting all of them at the same time. It could be a year, or it could be longer than that depending on how timing and the availability of materials. Mr. Van Der Noord stated to be safe he would say a year to two years because it all depends on how long the next steps take.
Mr. Birlson asked Mr. Kraus if the grading issue was something he should look in to. Mr. Kraus stated they will have to submit a plan when they come in for the building permits that will address all of that.
Board Action
Mr. Birlson stated he was looking for a motion to approve/defer/deny the preliminary plat for Hunter’s Run, Phase 1, Lots 6 & 7 and Phase 3, Lots 24 & 25. Mr. Kraus corrected Mr. Birlson by stating it is actually Phases 5 & 6, not 1 & 3.
Mr. Gill made a motion to approve the primary plat for Hunter’s Run, Phase 5, Lots 6 & 7, and Phase 6, Lots 24 & 25 and all discussions and Findings of Fact. Mr. Valois seconded the motion.
Ayes – Bob Birlson, Yolanda Cardona, Jon Gill, Bob Valois, Jason Vlasic
Nays – None
The motion carried to approve the primary plat for Hunter’s Run, Phase 5, Lots 6 & 7, and Phase 6, Lots 24 & 25.
Open to Public Hearing 2021-29 The Continental, Unit 2, Lots 33 and 34
No one was present at the meeting or online to speak for or against the petitioner.
Closed to Public Hearing 2021-29 The Continental, Unit 2, Lots 33 and 34
Board Discussion/Questions/Comments
Mr. Birlson read in to record Mr. Kraus’s letter of comments to the Commissioners, which stated the plat has been reviewed and is satisfactory, the developmental fee for the project is $1,500, and that public improvements already exist, no letter of credit or surety bond is required.
Board Action
Mr. Birlson stated he was looking for a motion to approve/defer/deny the preliminary replat for The Continental, Unit 2, Lots 33 and 34.
Mr. Gill made a motion to approve the preliminary replat of The Continental, Unit 2, Lots 33 and 34 to combine them in to one lot and all discussions and Findings of Fact. Ms. Cardona seconded the motion.
Ayes – Bob Birlson, Yolanda Cardona, Jon Gill, Bob Valois, Jason Vlasic
Nays – None
The motion carried to approve the preliminary replat of The Continental, Unit 2, Lots 33 and 34 in to one lot.
Town Manager, Chris Salatas, stated gave a brief history regarding the fact that vaping was not a use that was addressed in the use Ordinances, due to when the schedule of uses was first created, and that discussions were held at a previous Study Session regarding the need to add the language in to the Ordinances so that the Town can regulate that specific use for commercial properties.
Open to Public Hearing 2021-32 Amendment to the Zoning Ordinance
No one was present at the meeting or online to speak for or against the amendment.
Closed to Public Hearing 2021-32 Amendment to the Zoning Ordinance
Board Action
Mr. Birlson stated he was looking for a motion to approve/defer/deny a favorable recommendation to the Town Council for 2021-32 the proposed amendment to Chapter 3, Section E, entitled “Schedule of Uses” and Chapter 19, Section B, entitled “Definitions” in the Zoning Ordinance.
Ms. Cardona made a motion to approve a favorable recommendation to the Town Council for 2021-32 the proposed amendment to Chapter 3, Section E, entitled “Schedule of Uses” and Chapter 19, Section B, entitled “Definitions” in the Zoning Ordinance. Mr. Vlasic seconded the motion.
Ayes – Bob Birlson, Yolanda Cardona, Jon Gill, Bob Valois, Jason Vlasic
Nays – None
The motion carried to approve a favorable recommendation to the Town Council regarding the amendment to the Zoning Ordinance.
Board Action
Mr. Birlson stated he was looking for a motion to defer Walden Clearing, Phase 3; Summerlin Estates, Phase 2; Summerlin Estates, Phase 3, and Mill Creek Phase 6 to next month’s meeting.
Mr. Gill made a motion to defer Walden Clearing, Phase 3; Summerlin Estates, Phase 2; Summerlin Estates, Phase 3, and Mill Creek Phase 6 to next month’s meeting per the email request by the developer. Ms. Cardona seconded the motion.
Ayes – Bob Birlson, Yolanda Cardona, Jon Gill, Bob Valois, Jason Vlasic
Nays – None
The motion carried to defer the items to next month’s meeting per the request of the developer.
Mr. Gill asked if any variances were given in regards to the materials not meeting the overlay. Mr. Mendoza stated he didn’t believe any variances were given for the material itself. Mr. Brant stated the allowed materials are masonry, metal, and glass. The previously proposed structure was more masonry than metal so this design shows metal, masonry, and glass. After some discussion regarding the change in materials from the original proposal, the Commissioners suggested to keep the brick as shown in the original proposal and change the Dryvit to high pressure laminate.
Board Action
Mr. Birlson stated he was looking for a motion to approve/deny/defer Martin’s Commercial Addition, Lot 9 updated building elevation.
Mr. Gill made a motion to approve the building elevation and the change to HPL versus Dryvit contingent upon sticking to the original amount of brick and not reducing the amount of brick. Mr. Valois seconded the motion.
Ayes – Bob Birlson, Yolanda Cardona, Jon Gill, Bob Valois, Jason Vlasic
Nays – None
The motion carried to approve the building elevation and the change to HPL versus Dryvit contingent upon using the same amount of brick as in the original proposal.
Mr. Birlson read in to record Mr. Kraus’s letter of comments to the Commissioners, which stated the subdivision size, that the plat has been reviewed and is satisfactory, the development fee is $15,928.50 based on 2% of the construction cost, and that public improvements are not complete and that a letter of credit should be submitted to the Town in the amount of $36,135 to ensure the improvements will be installed, or a surety bond in the amount of $42,705.
Board Action
Mr. Birlson stated he was looking for a motion to approve/deny/defer the final plat for The Gates of St. John, Unit 22.
Mr. Gill made a motion to approve the final plat for The Gates of St. John, Unit 22. Mr. Valois seconded the motion.
Ayes – Bob Birlson, Yolanda Cardona, Jon Gill, Bob Valois, Jason Vlasic
Nays – None
The motion carried to approve the final plat for The Gates of St. John, Unit 22.
| Bob Birlson | Yolanda Cardona |
| Plan Commission Vice-President | Plan Commission Secretary |
Members Present:
Yolanda Cardona, Jon Gill, Robert Birlson, Bob Valois, Jason Vlasic, John Kennedy
Also Present:
Bryan Panczak, Town Council Liaison; Mr. Kraus, Engineer; Adam Decker, Attorney; Sergio Mendoza, St. John Building and Planning Administrator
December 1, 2021 Plan Commission Regular Meeting
Mr. Gill made a motion to approve the December 1, 2021 Plan Commission Regular Meeting minutes. Mr. Vlasic seconded the motion.
President Kennedy asked to clarify a change that was made. Mr. Gill stated there was a discussion between himself and Attorney Kuiper where Attorney Kuiper stated that anything over four units needed to go down State for review and the original minutes we received stated forty instead of four. President Kennedy stated he just wanted to make the Board aware that that change happened.
Motion carried by voice vote five to one with President Kennedy abstaining since he was not present at the December 1, 2021 meeting.
| John Kennedy | Yolanda Cardona |
| Plan Commission President | Plan Commission Secretary |
Commissioners present: Bob Birlson, Vice-President; Yolanda Cardona, Secretary; Jon Gill, Bob Valois, Jason Vlasic, and John Kennedy, President.
Also present: Adam Decker, Board Attorney; Kenn Kraus, Town Engineer; Bryan Blazak, Town Council Liaison; Sergio Mendoza, Building and Planning Administrator
Town Manager Chris Salatas was not in attendance. A quorum was attained.
Richard Christakes, Walnut Creek North LLC., introduced himself. President Kennedy asked what the size of the lots were. Mr. Christakes stated 2.5 and 2.6 acres, meeting the requirements. Mr. Kraus stated the three lots could have been developed as is since they had been grandfathered in, but he was happy to see that they were being combined to make two larger lots to fit the current standards. With no further comments or questions from the Board, Mr. Mendoza communicated to Mr. Christakes to be sure and file the newspaper ad for the public hearing as soon as possible in order to meet the deadline for the February 2nd meeting.
Dale Lenting, 10911 W. 108th Ave. St. John, stated when he bought the property, which is about 7.8 acres in total, he was told that anything up to about five to six hundred feet off of Route 231 would be quite easy to turn in to Commercial. While doing that, we saw that there was room for one residential lot next to the current home, which we are trying to keep that large enough to suite whatever size home someone would want to build there. Water and sewer does already exist on the street.
Mr. Kraus stated he only saw the layout for it, but no engineering that he can comment on. He did state that he did not believe this would be a problem for the Town. President Kennedy asked if he would be seeking R-2 for the residential lot, lot 1. Mr. Lenting stated that was correct. Mr. Mendoza stated it is mostly R-1 there. President Kennedy asked if Mr. Lenting had any conversations with the neighbors that will face the proposed Commercial lot. Mr. Lenting stated he had not. He also stated that he is currently building a home in that subdivision and could have built two houses on two lots, but converted it in to one house on one lot. Most of the neighbors have been happy with the improvements that have been made. President Kennedy asked if this area was in the Town’s TIF District. Mr. Mendoza stated it is and that was what Mr. Lenting was insinuating with the five to six hundred feet off of Route 231 Overly. The intent of the rezone would be to capture whatever is built as part of the TIF. President Kennedy stated one of his contingencies to the Board would be that it is a for-profit business that develops in the lot because they are trying to make sure that any development in the TIF areas are tax paying businesses so it does not adversely affect the TIF District. Mr. Lenting stated he is self-employed and that his intent is to put his own business on the property. Discussion followed regarding the zoning and what businesses would fall within C-2 and Industrial. It was also made clear that this lot is in the Route 231 Overly District which could impose heavier standards that would need to be followed, especially being surrounded by residential lots.
Doug Rettig, DVG, stated a two-lot subdivision was proposed a while back, but we found out that we did not meet the requirements of the size of lots so the owner is now request a one-lot subdivision in order to make the lot sellable. The property is very difficult with a lot of floodways, floodplains, and wetlands associated with the property, but there is a fair amount of usable land back in to the property. Mr. Rettig stated that people have looked at the property on Joliet, but there is not much you can do there due to the floodway until you get further back on the higher ground. The watershed is split so we will have two small detention basins and the sanitary sewer and water main run along Hart Street already.
President Kennedy stated there were issues with another lot in the cul-de-sac of Montgomery Estates with the side and rear yards and asked if these lots will have the same issue. Mr. Rettig stated no. That was a different scenario.
Steve Kil, BLB Lotton Development, stated the first changed that was made was changing Park Place to Violet Way. The Police Chief felt that enough streets had the word “park” in them so in order to lessen confusion, we changed the name. There has been a fifteen foot emergency access easement added to Larkspur Lane that exists in to Larkspur Terrace. We did acquire an ingress/egress on the south that will allow emergency vehicle access to Violet Way as well. Mr. Birlson asked if you would have to drive over lot 993. Mr. Kil stated no, you would not have to. It is hard to see because of the scale of the drawing. One of the other questions that arose was if the easement were dedicated, and that language was cleaned up in the text of the plat. Everything else that was a concern from the Police or Fire Departments has been addressed to the best of our ability.
President Kennedy stated accessing to the north and south of this development off of 107th would be from Violet Way. Mr. Kil stated that was correct. President Kennedy stated emergency access on the north section would come out on the diagonal part to Larkspur, but again we still have dead ends where Redeemer United Reformed Church is. Mr. Kil stated he thought the concern was reaching for fire protection and that there is a completely paved lot there to access rest of the area. Mr. Kraus stated he was not sure what he was looking at in regards to access to proposed driveways. Mr. Kil stated the easement would be to Larkspur Terrace from Larkspur Lane. President Kennedy asked why 107th Drive would not just tie in to Larkspur Terrace as an emergency access. Mr. Kil stated we could plat an easement there, but it would be accessible to the Fire Department if they would need to get across there. Mr. Birlson stated Larkspur Lane dead ends, and W. 107th Terrace you are tying in to a parking lot. Mr. Kil stated that would be the future parking lot for Suncrest Church. Mr. Birlson stated so once the striping is installed, those are dead ends also. Mr. Kil stated that was correct. Mr. Birlson asked if W. 107th Drive and W. 107th Terrace would be public streets. Mr. Kil stated Larkspur Terrace and W. 107th that empty in to the traffic circle is publically dedicated.
President Kennedy questioned if having three streets with 107th would be an issue. Mr. Kil stated the roads are between 106th and 108th so they were just following the naming system. Mr. Gil asked if house numbers would repeat themselves between the three 107th named roads. Mr. Kil stated we could figure that out. President Kennedy asked if we could get away from the 107th name. Mr. Kraus stated we can name the east/west streets whatever we want. President Kennedy stated he was just concerned about emergency vehicles getting to the right house with so many roads named the same. Mr. Kil stated we are not stuck on these names if that is an issue. The reason you see that is because that is what has always been required.
Mr. Vlasic asked if the emergency easements would be paved so the emergency vehicles know they can drive on them. Mr. Kil stated there is a system of permeable pavers that has been used that we would use for our easements so they would be aware they can drive on them. Mr. Vlasic asked how the Town would clear out a heavy snowfall from the dead end streets. Mr. Kil stated those are private streets so the HOA would take care of the snow removal. President Kennedy asked if street parking was allowed. Mr. Kil stated there will be no street parking allowed. President Kennedy asked if the Police Department would have authority over cars parked on the streets. Mr. Kil stated they will be privately owned streets, but there should not be any parking on them. President Kennedy stated he was just concerned for access to the emergency easements if people are parking on the street. Ms. Cardona suggested that the Board forward the plans to the Police Chief, Fire Chief, and Public Works in order for them to review the changes and make sure they agree with them. Mr. Mendoza stated he would forward the plans the following day. President Kennedy asked Mr. Mendoza and Attorney Decker to make sure that this plan meets the requirement of the settlement agreement as well.
Mr. Kraus stated he would be interested in the details of the ingress/egress easements from the end of Larkspur Lane, 107th Drive, 107th Terrace and 108th Drive and getting some sort of an agreement between adjacent property owners to let cars in and out of those parking lots and the streets also. Mr. Kil asked for clarification since there was already an easement in two places. Mr. Kraus stated it would mainly affect 107th Terrace and 108th Drive, having an agreement with the church that you can exit through their parking lot in order to get to the street. President Kennedy asked what would happen if cars were parked near those dead ends when an emergency vehicle is trying to get out. Mr. Kraus stated they would have to not allow parking in those particular spaces. President Kennedy stated then Suncrest would have to alter their parking lot and hash those out so no one can park there. Mr. Kraus stated that was correct.
Mr. Vlasic stated to that point, what would happen if someone is looking for a house and the street dead ends. Mr. Kil stated there is room to turn around, they would just have to do a three-point turn. Mr. Vlasic asked what would happen if there were multiple cars. Mr. Kil stated this is not a thru-street so the idea is you are not driving down there unless you are supposed to be down there. He stated he could see emergency accesses at 107th Drive because it would exit to a public street. The two on the south side should be for emergency vehicles only. That is why we obtained the easement at the south end of the development where the road will eventually be placed in to Suncrest’s property. Suncrest did grant us an easement for emergency vehicles to use if they need to get on to Violet, but we want to encourage the residents to not use the church parking lot as access which is why it is laid out as it is. Mr. Birlson stated if you want to encourage that, the dead ends should maybe be turned in to a cul-de-sac. Discussion followed regarding possible issues with garbage trucks and plows turning around as well as further accessibility for emergencies.
President Kennedy stated we need to make sure the easements are obtained for ingress and egress, not only for emergencies but for garbage trucks and plows, and that the access points are clear 24/7. Mr. Birlson asked how wide the streets would be. Mr. Kil stated he believed they would be twenty-feet wide, but again they are private. Mr. Valois asked if there would be any sort of barricade at the dead end going in to the church parking lot. Mr. Kil stated there would only be grass and maybe knee-high shrubbery, but no gates. President Kennedy stated he understood the need for the narrow roads in order to slow traffic and not allow parking on the streets, but that reduces parking abilities for the residents. Mr. Kil stated there will be garages as well as space for two cars for each home. A church is a good neighbor for this proposed plan because your heaviest traffic at the church will be on Sunday mornings, and other than that it remains pretty bare. Discussion was had regarding the easements already in place from Suncrest and if their parking lot was already planned out if they were to be asked to remove spaces or block out spaces for an ingress/egress. Mr. Kraus stated he had not received any sort of site plans from Suncrest yet so he did not believe the parking lot was planned out. Discussion followed regarding removing a few lots on the east side in order to create a turn that would connect the roads. This way all trucks and vehicles can avoid a three-point turn and it would give emergency access. Mr. Kil stated he understood and would address the issue.
Mr. Kil asked if the Commission wanted the roads renamed. President Kennedy asked if Mr. Kil could get a new plan showing the looped roads that have been discussed and for Mr. Mendoza to present that as well as the idea of renaming the roads to the Police and Fire Departments. Mr. Gil explained that it would be confusing if there were multiple homes with the same house and road number with the only difference being the end of the road name. Mr. Kil stated if the Plan Commission approves of different street names, we would be more than happy to do that. President Kennedy asked the Board if the two emergency easements would still be needed if the road was reconfigured to loop. Mr. Valois stated if they are using the permeable pavers he would just leave them. Mr. Birlson asked why the south end of Violet Way would still have to have the emergency access. Mr. Kil stated so people will not take shortcuts through the church parking lot. The easement on Larkspur Lane would be pointless to have, but we have already obtained the easement on Violet Way. President Kennedy stated if you already have it, then keep it. Mr. Kil stated if the road names are changed, would their still be an issue with using the same house numbers on different streets. Mr. Gil stated no, that would no longer be an issue if the street names change. President Kennedy stated if the 107th street names have to stay, then we want different house numbers. Mr. Kil agreed.
| John Kennedy | Yolanda Cardona |
| Plan Commission President | Plan Commission Secretary |
Commissioners present: Jon Gill, Bob Valois, Jason Vlasic, Yolanda Cardona, Secretary; Bob Birlson, Vice-President; and John Kennedy, President.
Also present: Bryan Blazak, Town Council Liaison; Kenn Kraus, Town Engineer; Adam Decker, Board Attorney; Jason Dravet, Interim Town Manager.
Building and Planning Administrator Sergio Mendoza was not in attendance. A quorum was attained.
January 6, 2021 Plan Commission Regular Meeting
February 3, 2021 Plan Commission Regular Meeting
March 3, 2021 Plan Commission Regular Meeting
April 7, 2021 Plan Commission Regular Meeting
May 5, 2021 Plan Commission Regular Meeting
June 2, 2021 Plan Commission Regular Meeting
July 7, 2021 Plan Commission Regular Meeting
August 4, 2021 Plan Commission Regular Meeting
September 1, 2021 Plan Commission Regular Meeting
October 6, 2021 CANCELED Plan Commission Regular Meeting
November, 3, 2021 Plan Commission Regular Meeting
January 5, 2022 Plan Commission Regular Meeting
President Kennedy asked that the January 5, 2022 Plan Commission Regular Meeting minutes be withdrawn because he has not had the chance to review them.
Mr. Birlson made a motion to approve the minutes as listed, with the exception of January 5, 2022, seconded by Mr. Vlasic and carried by roll call vote.
Ayes – Bob Birlson, Yolanda Cardona, Jon Gill, Bob Valois, Jason Vlasic, John Kennedy
Nays - None
Attorney Tim Kuiper, BLB St. John, LLC stated for clarification, this item is noted incorrectly on the agenda. It is the amended secondary plat, not the secondary amendment. Mr. Kil was here a few weeks ago and stated that we would remove some lots to add additional thru fares, which is reflected on the new design. We also have the easement to the south from Suncrest Church that we will record prior to recording the mylar. President Kennedy stated the roads showed twenty-five feet wide other than the road to the far east and asked for clarification from Attorney Kuiper. Attorney Kuiper stated that road is also twenty-five feet.
Mr. Gill requested that there be bollards installed on the corner of Larkspur Lane in order to help protect the future home from possible vehicular damage as well as on the east side where the turn radius could be tight. Attorney Kuiper stated they could probably hide some within the landscaping.
President Kennedy read in to record Mr. Kraus’s engineering review comments to the Commissioners, see Exhibit A.
Mr. Kraus stated he was under the impression that the roadways and utilities were to be privately owned. Steve Kil, BLB St. John, LLC, stated his understanding was that the Town wanted to maintain public utilities like the mains. Mr. Kraus stated he thought they were all to be private. After further discussion Mr. Kil stated the utilities would be public ie: the stormwater, water, and sewer lines, but the roads will be private. Mr. Kraus stated he would need to know the construction cost of the public items because that will change the development fee for the site plan if the construction cost is over $75,000. President Kennedy stated the engineer letter will have to change once construction costs are determined to include the development fee, and that fee will need to be paid. Mr. Kraus stated that is correct and that it would be an easy calculation because it is 2% of the construction costs plus 10%, minus the $1,500 that has already been paid for the secondary plat application fee.
Board Action
Mr. Birlson made a motion to approve The Gates of St. John, Unit 17B secondary plat, including all discussions had and the findings of fact, contingent on the bollards being installed on the east side of the development as well as the payment of the development fee on public utilities once that is determined. Mr. Valois seconded the motion. President Kennedy stated that he would like to add the contingency of no parking on the east side of Park Place as well as 107th. Mr. Kil stated there will be no parking anywhere on the street. President Kennedy asked if there would be signs showing so. Mr. Kil stated that there would be. Motion carried by roll call vote.
Ayes – Bob Birlson, Yolanda Cardona, Jon Gill, Bob Valois, Jason Vlasic, John Kennedy
Nays - None
Nathan Vis, Vis Law, stated he had dialogue with Attorney Decker in regards to the procedure of amending the PUD and it was decided that the PUD would need to be amended at the Plan Commission level and once that is done, it will go back to the Town Council with a recommendation. If at all possible, our client is looking to move forward quickly if we can come to an agreement as to what this Board and Town Council would like to see. We are asking if we could call a special session of this body in the middle of March and perhaps have a public meeting and then vote to make a recommendation to the Town Council to keep this project moving forward. President Kennedy stated he understood, but unfortunately legal counsel is not present and before the Board can commit to move forward, it needs to make sure that it is following the Town Ordinances. Without knowing that we cannot move forward with a decision. Attorney Vis stated he understood and that he would be in touch with Attorney Decker and Mr. Mendoza regarding how to proceed the quickest. Attorney Vis went on to explain some of the changes made in the plan including the transition to cottage home lots rather than duplex lots, and that the road that circles will be dedicated to the Town as a public roadway. There will more than likely be a small HOA with covenants to govern and dictate the area. The small monetary contribution that this HOA makes will go towards the maintenance of the blue space as well as the pathway and green space in that area. Attorney Vis asked if it was possible to appoint one or two liaisons from this Board to meet with himself and a few Council members as they proceed with the changes to the PUD to make sure that everyone is on the same page moving forward. President Kennedy agreed that would be a good idea. Further discussion followed as to what green spaces would be covered by the HOA as well as potential changes that would need to be made to the PUD before the next meeting.
President Kennedy read in to record Mr. Kraus’s engineering review comments to the Commissioners, see Exhibit B.
Board Action
Mr. Birlson made a motion to approve the final replat of Hunter’s Run, Phase 5 and Phase 6, including all discussions and findings of fact, seconded by Mr. Gill and carried by roll call vote.
Ayes – Bob Birlson, Yolanda Cardona, Jon Gill, Bob Valois, Jason Vlasic, John Kennedy
Nays - None
President Kennedy asked if there was an engineer letter on file, which Mr. Kraus answered there should be. After searching for the letter, Mr. Kraus stated that the letter confirmed the request and that the plat was found to be satisfactory, the developmental fee is $1,500, and the public improvements are existing so no letter of credit or surety bond is needed. Mr. Kraus stated he would forward another copy of the letter the following day.
Board Action
Mr. Gill made a motion to approve the secondary replat of The Continental, Unit 2, 1st Resubdivision, Lots 33 & 34 along with all discussions and findings of fact, contingent upon receiving a copy of Mr. Kraus’s engineering letter and reviewing it for the record. The motion was seconded by Mr. Valois and carried by roll call vote.
Ayes – Bob Birlson, Yolanda Cardona, Jon Gill, Bob Valois, Jason Vlasic, John Kennedy
Nays – None
President Kennedy read in to record Mr. Kraus’s engineering review comments to the Commissioners which stated that the public improvements are complete and that as-built drawings have been submitted for the project. The bond for this project may be released and the maintenance bond accepted.
Board Action
Mr. Birlson made a motion to approve the release of the surety bond for Walden Clearing, Phase 3, seconded by Mr. Gill and carried by roll call vote.
Ayes – Bob Birlson, Yolanda Cardona, Jon Gill, Bob Valois, Jason Vlasic, John Kennedy
Nays - None
Mr. Birlson made a motion to make a favorable recommendation to the Town Council to accept the 2-year maintenance bond in the amount of $45,684.98, seconded by Mr. Valois and carried by roll call vote.
Ayes – Bob Birlson, Yolanda Cardona, Jon Gill, Bob Valois, Jason Vlasic, John Kennedy
Nays - None
President Kennedy read in to record Mr. Kraus’s engineering review comments to the Commissioners which stated that the Public Works Department had verified that all public improvements have been made and as-built drawings have been submitted for the project. The bond for this project may be released and the maintenance bond accepted. Mr. Kraus stated that the Summerlin Estates, Phase 2 is just the acceptance of a maintenance bond and that the letter that was just read was for Summerlin Estates, Phase 3.
Board Action
Mr. Birlson made a motion to make a favorable recommendation to the Town Council to accept the 2-year maintenance bond for Summerlin Estates, Phase 2 in the amount of $99,368.61, seconded by Mr. Gill and carried by roll call vote.
Ayes – Bob Birlson, Yolanda Cardona, Jon Gill, Bob Valois, Jason Vlasic, John Kennedy
Nays - None
President Kennedy read in to record Mr. Kraus’s engineering review comments to the Commissioners which stated that the Public Works Department had verified that all public improvements have been made and as-built drawings have been submitted for the project. The bond for this project may be released and the maintenance bond accepted.
Board Action Mr. Birlson made a motion to approve the release of the surety bond for Summerlin Estates, Phase 3, seconded by Mr. Valois and carried by roll call vote.
Mr. Birlson made a motion to make a favorable recommendation to the Town Council to accept the 2-year maintenance bond for Summerlin Estates, Phase 3, in the amount of $115,344.38, seconded by Mr. Gill and carried by roll call vote. Ayes – Bob Birlson, Yolanda Cardona, Jon Gill, Bob Valois, Jason Vlasic, John Kennedy Nays - None
President Kennedy read in to record Mr. Kraus’s engineering review comments to the Commissioners which stated that the Public Works Department had verified that all public improvements have been made and as-built drawings have been submitted for the project. The bond for this project may be released and the maintenance bond accepted.
Board Action
Mr. Birlson made a motion to approve the release of the performance surety bond for Mill Creek, Phase 6, seconded by Mr. Vlasic and carried by roll call vote.
Ayes – Bob Birlson, Yolanda Cardona, Jon Gill, Bob Valois, Jason Vlasic, John Kennedy
Nays - None
Mr. Birlson made a motion to make a favorable recommendation to the Town Council to accept the 2-year maintenance bond for Mill Creek, Phase 6, in the amount of $141,187.62, seconded by Mr. Valois and carried by roll call vote.
Ayes – Bob Birlson, Yolanda Cardona, Jon Gill, Bob Valois, Jason Vlasic, John Kennedy
Nays - None
Board Action
Mr. Birlson made a motion to make a favorable recommendation to the Town Council to accept the $3,000 performance surety bond for Greystone, Unit 2, Block 5, seconded by Mr. Vlasic and carried by roll call vote.
Ayes – Bob Birlson, Yolanda Cardona, Jon Gill, Bob Valois, Jason Vlasic, John Kennedy
Nays – None
Mr. Birlson asked if the expansion area could be defined by street names. A map was presented showing the expansion areas for the Economic Development Area.
Board Action
Mr. Birlson made a motion to appr
ove Resolution 2021-12-9, seconded by Mr. Gill and carried by roll call vote.
Ayes – Bob Birlson, Yolanda Cardona, Jon Gill, Bob Valois, Jason Vlasic, John Kennedy
Nays – None
Mr. Valois made a motion to nominate Bob Birlson to the Board of Zoning Appeals, seconded by Mr. Vlasic and carried by roll call vote.
Ayes – Bob Birlson, Yolanda Cardona, Jon Gill, Bob Valois, Jason Vlasic, John Kennedy
Nays - None
| John Kennedy | Yolanda Cardona |
| Plan Commission President | Plan Commission Secretary |
Commissioners present: Bob Birlson, Vice-President; Jon Gill, Bob Valois, Jason Vlasic, and John Kennedy, President.
Also present: Adam Decker, Board Attorney; Kenn Kraus, Town Engineer; Bryan Blazak, Town Council Liaison; Jason Dravet, Interim Town Manager.
Building and Planning Administrator Sergio Mendoza and Secretary Yolanda Cardona were not in attendance. A quorum was attained.
President Kennedy asked based on the current plan, are there any Zoning Ordinances that are not being met. Mr. Reyling stated not that he is aware of. President Kennedy asked if any waivers were going to be requested. Mr. Reyling stated no. Mr. Valois asked if this area was in the TIF District. Mr. Reyling stated it is in the 41 Overlay District, and as far as he knew they were meeting everything in that District. Mr. Kraus asked if there were sidewalks on the plan. Mr. Reyling stated there is a sidewalk in the front that would not tie to anything. Mr. Kraus stated a waiver would be needed to allow no sidewalks on the two other sides. President Kennedy stated to Mr. Reyling, just so you are aware, this Board is taking a conscious effort to avoid waivers. We understand the sidewalk would not tie in to anything, but that is what got us in to the issue we have right now, which is not having any sidewalks. Mr. Reyling stated if the Code requires it, we can add sidewalks. He asked if that would be on all three sides of the property. It would be difficult to meet ADA on 101st due to the 7% - 8% slope that would need to be followed. Mr. Kraus stated that Mr. Reyling had a point about ADA requirements. President Kennedy requested that it be looked in to and if it is a hardship the waiver will be entertained, but that he would really like to see sidewalks installed. Discussion followed regarding ADA requirements for sidewalks.
President Kennedy asked if there was anything else Mr. Kraus needed. Mr. Kraus stated he still needed drainage calculations on the sizing of the storm sewers. Mr. Reyling stated they are provided in the packet. Mr. Kraus stated he would take a look at those.
President Kennedy let Mr. Reyling know that the subdivision approval for Walnut Creek would have to be done before they could approve a site plan for Planet Fitness. Mr. Kraus stated he could still review it, but it would not go in to affect until the secondary plat is approved for Walnut Creek. Mr. Reyling stated we need to be open by the end of the year so timing is important to us. The Board agreed that they along with Mr. Reyling will be in conversation with Building Administrator Sergio Mendoza to make sure the timelines match up for approval.
President Kennedy asked Mr. Rettig if they will be on the March 2nd agenda to request primary and secondary plat approval. Mr. Kraus stated he had not received a secondary plat. Mr. Rettig stated they will only be seeking primary since the advertising is already out and the sign has been posted.
Mr. Valois stated his concern is the quality of Hart Street currently and, to add additional vehicles will only make it worse. He stated large trucks will not be able to travel that road as it is. Mr. Rettig stated that was not the intention, it would have to be a very light use developed there. President Kennedy stated regarding the sidewalks, the Board is really trying to make sure that those are put in so unless there is a real hardship, they will push for them. Mr. Kraus stated much of Hart Street is in a floodway. Mr. Rettig stated it was not that they did not want to put in sidewalks, rather the challenge is there and is a real thing.
Mr. Lenehan stated the next items are in regards to architectural agreements, which will be specifically documented in the PUD. The minimum ranch will be 1,900 SQ FT and 2,400 SQ FT for a two-story. There will be no bi-level, tri-level, or quad homes. The minimum roof pitch will be 6/12 with the exception of craftsman style elevations that have a dormer or shed roof that is slightly lower. We are committing to no vinyl siding, but rather LP Smart Side, as well as some amount of masonry on the front of the homes with 50% of the homes having a minimum of 30% masonry on the front of them. Mr. Lenehan reviewed some sample drawings that he submitted to give visuals of the different amount of masonry that would be required. He stated they would also encourage extended three-car garages within the community, especially since the lots have the width for it. Homes that back up to or are visible from 109th and White Oak at a minimum would be required to have a feature that breaks up the back of the home. These could be sunrooms, breakfast nooks, great room extensions, and covered outdoor living. Rear yard fencing will be required to be aluminum or rod-iron style, no wood or PVC fencing will be allowed. There will also be no above ground pools allowed and front and sideyards will be sodded with a required irrigation system. We will also be following a high monotony standard since there are dozens and dozens of home styles available.
Mr. Vlasic asked what the width of outlet F was. Mr. Lenehan stated a little less than twenty feet, but that outlet is on the Summerlin plat, not this one. President Kennedy stated that he appreciated the changes that had been made, but questioned the depth of the lots. With them being one hundred and forty feet deep, you will have a rearyard setback of thirty feet, a house that is potentially eighty feet deep, leaving thirty feet from the rear of the house to the property line. Mr. Lenehan stated he believed they were proposing a thirty foot front and forty foot rear, but understood that was only ten more feet. President Kennedy stated he would like to see what all of the depths are. Mr. Lenehan stated the minimum is one hundred and forty feet. President Kennedy asked what the sideyard setback minimum was. Mr. Gill stated in an R-2 it is eight feet, but in an R-1 it is ten feet. Most lots will have well over that once the home is built. If you have a ninety foot wide lot and build a house that is fifty feet wide, you will still have twenty feet on each side. These are just the minimums, not what will be built. Mr. Lenehan stated if the eight foot rule were followed, that would be a very wide house, which is extremely uncommon.
Mr. Kraus asked if a deceleration lane will be installed on White Oak. Mr. Lenehan stated when we get to the primary plat stage all of the typical traffic improvements will also be proposed. President Kennedy asked if there would be an HOA to maintain the open green spaces. Mr. Lenehan stated all of the roads and improvements would be public, but all of the green spaces would be privately maintained by the HOA. Mr. Valois asked if the walking path would be paved. Mr. Lenehan stated the southern part will more than likely not be paved, but we would like to pave the path that starts at White Oak and extends behind lots 21 and 20. You cannot cross the wetland that is along 109th so we are providing a paved path along the west side of White Oak heading south. We have talked to the homeowner that lives there and we believe we can get them to allow that as well, which would give us a path in to our community and go out to the northwest corner of the subdivision. Mr. Kraus asked if there would be a sidewalk installed on 109th. Mr. Lenehan stated more than likely he would be requesting a waiver for that area due to the wetland. There will be one from the wetland to the west, though. Mr. Birlson asked if an elevated path could be installed through the wetland area. Mr. Lenehan stated it would not be impossible, but it is not something a residential developer typically does. He stated he would look in to it different ideas, though. President Kennedy stated it is a major intersection there at White Oak and 109th so a sidewalk would be nice for pedestrian traffic. Mr. Lenehan stated he fully understood the concerns of the Board and would put something on paper to present either way. Discussion followed regarding the monetary value that the commitments will be adding to neighboring properties.
Mr. Lenehan asked if he could formally file at this time. President Kennedy stated yes. Mr. Lenehan stated sometimes they write their own PUD’s and asked if there was a procedure on that. Attorney Decker stated it used to be that the developer would propose the Ordinance, but in the past few years the Plan Commission has wanted a little more control. What we are looking for from the developer are the architectural standards, the dimensions, and everything that can be represented with objective concrete standards, which has been presented tonight. Discussion followed regarding the items needed to present to the Commission for consideration of the PUD.
Mr. Dravet stated that since irrigation systems are required could the Commission please request that they be metered separately from the home. Mr. Lenehan stated he would look in to that. Mr. Kraus stated curbs need to be looked in to at 109th and White Oak as well. Mr. Lenehan stated he assumed they would do them at White Oak, but thought that 109th was included in the Road Impact Fee. After some discussion Mr. Lenehan stated he would look in to what that fee covers.
| John Kennedy | Yolanda Cardona |
| Plan Commission President | Plan Commission Secretary |
Commissioners present: Bob Birlson, Vice-President; Yolanda Cardona, Secretary; Jon Gill, Bob Valois, Jason Vlasic, and John Kennedy, President. New Plan Commission member Joseph Gomeztagle was also present, but it was explained that he would be unable to vote at this meeting since he had not been sworn in yet.
Also present: Adam Decker, Board Attorney; Kenn Kraus, Town Engineer; Bryan Blazak, Town Council Liaison; Sergio Mendoza, Building and Planning Administrator; and Gena Lauridsen, Building and Planning Administrative Assitant.
A quorum was attained.
January 5, 2022 Plan Commission Regular Meeting
January 19, 2022 Plan Commission Special Meeting
Mr. Gill made a motion to approve the January 5, 2022 Plan Commission Regular Meeting minutes, seconded by Ms. Cardona and carried by voice vote 5-1 with President Kennedy abstaining since he was not in attendance at the meeting.
Mr. Gill made a motion to approve the January 19, 2022 Plan Commission Regular Meeting minutes, seconded by Mr. Valois and carried by voice vote with six ayes.
Open to Public Hearing 2021-27 Walnut Creek North Addition Lot 1 and Lot 2
No public comments were made.
Closed to Public Hearing 2021-27 Walnut Creek North Addition Lot 1 and Lot 2
BOARD DISCUSSION/QUESTIONS/COMMENTS
President Kennedy read in to record the engineering letter from Town Engineer Kenn Kraus regarding the findings for the Primary Replat, see Exhibit A.
President Kennedy asked if the sidewalk waiver that has been discussed at the Study Sessions would be part of the Planet Fitness approval, or this approval. Administrator Mendoza stated the sidewalk requirements are part of the Subdivision Control Ordinance, which should happen on this item. If a waiver is granted then it would need to be reflected on the site plan for Planet Fitness. If it is not granted, then they would need to show a site plan with the sidewalks. Mr. Kraus stated he did put the sidewalks on the Planet Fitness site, but not this one. It can be transferred if need be. President Kennedy stated there has been a request to waive the sidewalk and asked Mr. Torrenga and Mr. Christakes if they had any comments on it and could prove hardship. Mr. Torrenga stated they were under the impression that item would be discussed directly with Planet Fitness and that they were not prepared to address that. President Kennedy stated if there was anyone present representing Planet Fitness he would allow them to step up and speak on the issue.
Todd Reyling, Reyling Design and Consulting, stated we are requesting the waiver based on the fact that there are currently no other sidewalks in this development. If a sidewalk was installed at our site, it would not connect to anything. Also, there are multiple utility boxes around the property, especially on the west and south portions, making it difficult to have a functional sidewalk that did not curve around the items. Mr. Reyling stated for the fact of consistency in the development, we are asking for the same waivers that the other businesses have received. President Kennedy stated those are logical explanations, but unless there is some sort of severe hardship or engineering difficulty, as a Board we are really pushing for sidewalks to be installed in order to avoid the issue we already have, which is lack of sidewalks. Ms. Cardona attested to the fact that over the past few years the Board has been pushing for sidewalks even if they lead to nowhere, as stated by the petitioner, and in her opinion it makes sense to request them in this case.
Board Action
Mr. Birlson made a motion to deny the requested sidewalk waiver, seconded by Mr. Valois and carried by voice vote with six ayes.
Mr. Birlson made a motion to approve the proposed preliminary replat including all discussions and Findings of Fact, seconded by Mr. Gill and carried by voice vote with six ayes.
President Kennedy read in to record the engineering letter from Town Engineer Kenn Kraus regarding the findings for the Seconday/Final Replat, see Exhibit B.
Mr. Gill made a motion to approve the secondary/final replat including all discussions and Findings of Fact, seconded by Ms. Cardona and carried by voice vote with six ayes.
Open to Public Hearing 2022-05 Planet Fitness
No public comments were made.
Closed to Public Hearing 2022-05 Planet Fitness
BOARD DISCUSSION/QUESTIONS/COMMENTS
President Kennedy read in to record the engineering letter from Town Engineer Kenn Kraus regarding the findings for the Proposed Development/Site Plan for Planet Fitness, see Exhibit C.
Mr. Reyling stated they were understanding of the proposed changes by Mr. Kraus and asked if it would be possible to request a waiver of sidewalks, but only on the south side and rear of the lot. The reason for the request is due to the slope of the existing land and that it would be too steep to meet ADA requirements as is. President Kennedy stated from his understanding we do not have a slope requirement with ADA. Mr. Kraus stated he had done some research and ADA has no jurisdiction over sidewalks running parallel to the street, just the curb ramps on the corners and any sidewalk that runs from the public sidewalk to the building. The steep slope on 101st Place is okay within the ADA requirements because they say they have no requirements for those. It actually states that on terrain that is steep, the sidewalk follow the street and curb line so it is the same elevation. In our Town Ordinance pedestrian walks are not allowed to be at more than a 12% grade. Mr. Kraus stated he estimated that this area is around a 7% - 8% slope. With that, we cannot consider ADA requirements for the sidewalk waiver. However, as Mr. Reyling stated, there are going to be a lot of obstacles in the way. You can probably get around them, but it would be a “wonky” sidewalk.
Mr. Reyling asked if the sidewalk needs to be attached to the existing curb and five-feet wide. Mr. Kraus stated it needs to be in the right-of-way so somewhere between the back of the curb and that line, and five feet wide. Normally they are up against the right-of-way line, but in this case some jogging will need to be done, so it will not be consistently against the right-of-way line. After some discussion of the placement of the sidewalk, Mr. Kraus stated he would like to see it up against the right-of-way line as much as possible, and then jog around those utility boxes and bring it back to the line. Mr. Reyling stated they would work that in to the plans.
Board Action
Mr. Birlson made a motion to approve the proposed development/site plan for Planet Fitness including all discussions had, the Findings of Fact, and the comments in Mr. Kraus’s engineering letter, except for item D since sidewalks will be added, seconded by Mr. Valois and carried by voice vote with six ayes.
Open to Public Hearing 2022-01 Lenting’s 2nd Addition to St. John and Rezone
Timothy Neary 11025 W. 108th Ave., St. John, presented a petition to the Board with signatures from every resident in the neighborhood stating they were against the rezoning. President Kennedy read in to the record the petition received, see Exhibit D. Mr. Neary expressed his concerns about the project noting the unwanted traffic that would be brought in through the subdivision. One person should not be allowed to change the entire structure of a neighborhood full of people that have been there for twenty to sixty years. Mr. Neary also stated he was not aware of the Town’s desires to turn that area in to Commercial property.
Ken Kaiser, 10813 Schneider Pl., St. John, stated most people in the subdivision are elderly and that Mr. Lenting already has delivery vehicles coming in and out of the subdivision for his business. These roads are subdivision roads, they are not made for this kind of traffic. Mr. Kaiser went on to express his concerns for the current conditions of the road and how the traffic would affect them further, as well as the type of business that would go in there when the area is surrounded by residential.
Dennis Tometczak, 11001 W. 108th Ave., St. John, stated Mr. Lenting has been a great neighbor, but kids are in this subdivision a lot of time riding their bikes on the streets. More traffic could pose a danger to them. We also know what vehicles belong in the subdivision and look out for one another. With a business coming in, that could possibly bring in crime to the neighborhood.
Thomas Hausier, 10784 Schnieder Place, St. John, expressed his concern regarding bringing a business in to the area and stated that the current road would not be conducive for more traffic due to its narrow width alone.
President Kennedy stated he would like to keep the Public Hearing open. In speaking with Mr. Kraus, he has not received the information needed to review the primary plat and put together an engineering letter. Mr. Kraus stated a primary plat approval is being asked for as well as a rezone. There is currently nothing to review it against and there is not enough information on what has been received regarding existing utilities and detention. First, we need to decide if we do this as a subdivision first and review it as an R-2 zoning and then have Mr. Lenting come back to request a rezone, or if we need to do it a different way. President Kennedy made the public aware that the Commission is only allowed to approve or deny the plat itself. A recommendation would have to be made to the Town Council regarding the rezoning, and they would have the final decision.
President Kennedy stated he believed the order would be to do the primary plat first and then the rezoning. Mr. Mendoza stated you would want to do the primary plat first and then follow through with the rezone. If you do the rezoning first, you would need to create a legal description of what would or could be potentially lot 2 of a rezone. President Kennedy stated after having those discussions with the Town Planner and Town Engineer, he felt it would be best to keep the Public Hearing open and give the petitioner time to get the documents he needs in order for a decision to be made on the primary replat. Once that is done, a recommendation can be made to the Town Council regarding the zoning. President Kennedy stated if this does, hypothetically, get approved, would the road need to be improved from a Residential road to Commercial by our Town Standards. Mr. Kraus stated that was correct and it would be on the petitioner to bring the road along his frontage up to that standard, unless waivers are given. President Kennedy stated at this time the Public Hearing is still open and will be added to our meeting in April, but we do not have the adequate information to make a decision on this project.
Mr. Birlson asked what the zoning of Lot 2 was. President Kennedy stated it is currently Residential. Mr. Mendoza stated that was correct. Lot 2 is not platted yet and is currently known as Lot 6 which is zoned R-2. Mr. Birlson stated in the example of the replat, Lot 2 is being requested to be changed to Commercial and Lot 1 will stay R-2. Mr. Lenting stated that was correct. He also agreed that the width of the road, specifically the entrance, is narrow and needs to be widened.
Board Action
Ms. Cardona made a motion to defer 2022-01 Lenting’s 2nd Addition to St. John and Rezone to the April 6th meeting, seconded by Mr. Valois and carried by voice vote with six ayes.
President Kennedy stated he has not received a letter from Mr. Kraus. Mr. Rettig stated there was some confusion on his end and Mr. Kraus did not receive the drawing until late. There are a few minor items missing from the plat that can easily be added.
Open to Public Hearing 2022-02 Montgomery Estates
No public comments were made.
Close to Public Hearing 2022-02 Montgomery Estates
BOARD DISCUSSION/QUESTIONS/COMMENTS
President Kennedy stated since there is no engineer letter we have the option to defer or move forward with a decision contingent on Mr. Kraus’s final approval. Mr. Kraus stated he did have the chance to look at the newest version of the plans which were missing floodplain information from FEMA, the benchmark, and the finished grade where the home will sit. However, Castle Rock Phase 1 plans have all of that information on there and it just needs to be copied from one to the other. He stated he was comfortable giving primary plat approval contingent on the review, but not the secondary plat approval. Mr. Rettig stated they would come back for that. Mr. Mendoza stated he agreed with Mr. Kraus and felt comfortable approving the primary plat with the contingency suggested, and the petitioner returning for secondary plat approval on April 6th.
Board Action
Mr. Gill made a motion to approve the Primary Plat for Montgomery Estates including discussion had, the Findings of Fact, and contingent upon Mr. Kraus’s engineering letter being received and the petitioner following any recommendations in the letter, seconded by Mr. Valois and carried by voice vote with six ayes.
Mr. Gill asked if nothing can be done in a floodway, where will the curb cut in to the business be. Mr. Kuiper stated we would still have to work through some extra jurisdictional for that. They cannot deny access to the parcel so it will probably be towards the north end of the property. Mr. Rettig stated we will need a special permit for a little bit of construction in the floodway. We believe since this is the only we to gain access to the property we have a chance of getting it. Larger impacts to the floodway are typically not permitable. Mr. Birlson asked if a permit could be obtained for road improvements on Hart Street. Mr. Kuiper stated that would be nearly impossible because it is a floodway. Mr. Rettig stated it has to do with the amount of fill that you place. A driveway is a minimal amount, but if we were to put fill along the entire road, we are affecting the flood waters. We cannot alter the flood elevation by more than a tenth of a foot, and if we do, it would take years to possibly get a permit.
President Kennedy stated his concern was that the roadway is not built to the Town’s Industrial standards, and you are saying it cannot be built to those standards because it is in a floodway, but the lot is already zoned Industrial and could potentially bring larger vehicles down that road. Mr. Kuiper stated in the Town’s Industrial uses, there are a lot of options that would not have trucks coming to the site. The one-lot subdivision is required to move forward with a develop plan and in order to find a potential user for it. Then we would see who could go in there with the issues we have on this roadway. There are a lot of uses in your Ordinance that would be allowable with the road as is. Mr. Rettig stated we are not looking for Industrial, but rather a neighborhood friendly business. President Kennedy stated a potential waiver would be needed for the width of the roadway then, even though we do not know the entity that would want to build there. Mr. Kuiper stated realistically we cannot have a truck coming in and out of there because it would get a ticket every time due to the weight limit restrictions. President Kennedy stated if we give you a waiver that is different. Mr. Kuiper stated the waiver is just for the design, you can still regulate your roadway and the weight limits on it. Mr. Rettig stated they would still need to come back for site plan approval with whatever needs to be built there. Discussion followed regarding the possible weight limit already in place on Hart Street as well as the location of access to the site.
Open to Public Hearing 2022-04 Hart-Joliet Subdivision
Judith Penkala, 9725 Hart St., St. John, read a letter expressing her concerns she had sent to the department prior to the meeting, see Exhibit E.
Bill Keith, 10455 W. 93rd Ave. St. John, explained that he grew up right by this piece of property and noted that in the 1920’s they strip mined out the top soil and took it to Hammond and Whiting in order for people to be able to grow a lawn since they were all on sand. This is not necessarily native wetland. What has made it wet for the last thirty years is the fact that the County has not kept up with a regular dredging schedule on Hart’s Ditch. When that is done, the water flows properly. Mr. Keith stated there is also an issue with the culvert that runs under the railroad tracks. Last year the culvert was caving in and CSX had to come out to do some repairs to it. When that caves in, the water obviously backs up and has nowhere to go. A lot of the issues would be solved if the ditch were kept open and clean. Mr. Keith stated he was all for the development of the property and that it would be a good use of the land. He added that the East side of Hart Street seems to have more of a water issue than the West side and contributed that to possible beaver issues in the creek causing clogging on the East side of the pipes that go under Hart Street.
President Kennedy read in to record a letter received from Carlo Demma, 9701 Hart St. St. John, dated February 28, 2022, expressing his concerns over the property. See Exhibit F.
Raymond Penkala, 9725 Hart St., St. John, stated he would like to bring up the concern of the large pot hole on Hart Street right as you turn on to it from 93rd. The other pot hole is about one hundred feet from Joliet on the West side of Hart Street.
Closed to Public Hearing 2022-04 Hart-Joliet Subdivision
BOARD DISCUSSION/QUESTIONS/COMMENTS
Mr. Kuiper stated in regards to the letter from Carlo Demma, all public notifications were submitted and received per Code, so that is not a correct concern and staff can verify that. When it comes to the rest of it, we are aware of the water issues, but we have met the subdivision requirements as far as lot size and it has been zoned Industrial. There have been plenty of chances for the Town to rezone the property, but we are stuck with what it is and we have real hardships along Hart that necessitate the waivers. The property will be screened and there are plenty of uses that could be permitted under Industrial without further impacting the road, with no trucks. We have to come back with a development plan anyway to show where the roadway would be on to the parcel and everything else needed per the Ordinance, but that is step two. Mr. Rettig stated he would like to add that Mr. Keith is correct in that the Hart Ditch is controlled by County and they can be contacted to see if cleaning can be done. We are also not planning on clear-cutting the property. It will mainly be left in its natural state. The entire south side of the property will be left as is since it is not developable. We will also be putting in stormwater detention that will be shown when we come in with a site plan.
Mr. Birlson asked if a sidewalk could be put in at the elevation that the ground is now. Mr. Kuiper stated you cannot put anything in a floodway, even if you remove and put in. Mr. Rettig stated it is the construction in a floodway that is prohibited.
President Kennedy asked if anyone knew of the load restrictions on Hart St. Mr. Kraus stated he knew there were “No Truck” signs out there, but was not aware of what the load limit was. Mr. Kuiper stated his understanding of “no trucks” means over 10,000lbs. President Kennedy stated this is already zoned Industrial, but if we give a waiver to certain aspects of this site plan you can come in and put a heavy eighteen wheeler if a load limit is not specified in the Ordinance. Mr. Kuiper stated if we did that, the Police would be out there every day ticketing people because of the violations there. Any development is going to have to be compatible with the restrictions on the road. President Kennedy stated he understood that, but right now we do not know if a weight limit exists on that road per the Town Ordinance. Mr. Kuiper stated the Town Council ultimately controls roadways so it would be ideal for them to take a look at that road and classify the weight restriction. However, that still would not impact the waiver because we cannot do what we are asking a waiver from.
President Kennedy asked if it would be acceptable to make a motion contingent on the Town Council classifying the weight restriction. Attorney Decker stated Mr. Kuiper’s point is accurate. We have to examine the application in the context of the Subdivision Control Ordinance as it is currently written, not on future action to be considered by the Town Council regarding weight limits on Hart Street. He also stated that after doing a quick search, he does not see any Town Ordinance specifying weight limits on Hart Street. Mr. Mendoza agreed that the weight limit needs to be researched and we need to find out when and how that road has been classified, but the requirements for the Subdivision Ordinance Control have been met.
President Kennedy read in to record the engineering letter from Town Engineer Kenn Kraus regarding the findings for the proposed Primary/Preliminary Plat for the Hart-Joliet Subdivision, see Exhibit G.
President Kennedy stated in discussion with Mr. Kraus he understood that the location will not be able to construct sidewalks or curbs due to the floodway. If the waivers are allowed for the road, they have every right to put any type of facility that fits in to Industrial uses there. Until the weight restrictions are classified, that is an issue moving forward with a waiver. Mr. Kuiper stated he appreciated the concern, but it is not at this Board’s level to make the decision which is why they are suggesting the Town Council look at it. We still have months ahead of us with a development plan and proposed use, but we are trying to meet the requirements of the Code today and that is all we can do. Ms. Cardona stated she understood the sidewalk and curb waiver, but the street width is the waiver that is hard to digest. President Kennedy stated the need for Industrial is high in the Town, but the issue is the “chicken before the egg” thought process. We would be granting a bunch of waivers before knowing what is going to be developed on the site. Mr. Birlson stated he also understood the sidewalk and curb issue on Hart Street, but one needs to be constructed on Joliet Street. Mr. Rettig stated the sidewalk would be several feet below the road, which is possible, but it would then have to climb significantly to get it over the railroad. Mr. Birlson suggested raising the elevation. Mr. Rettig stated he would look in to the details of how to get that done because there we can place fill. Mr. Valois stated we have had a water main break on that hill so that may need to be addressed before the sidewalk is constructed.
Board Action
Mr. Gil made a motion to approve the sidewalk waiver, along with all discussions and Findings of Fact, for Hart Street only. A sidewalk will need to be constructed on Joliet Street. The motion was seconded by Mr. Valois. Mr. Birlson asked Mr. Kraus if he agreed with the petitioners findings on not being able to construct a sidewalk in a floodway. Mr. Kraus verified that he agreed with the difficulty of that ask that was presented by the petitioner. The motion carried by voice vote with six ayes.
Ms. Cardona made a motion to approve the curb waiver, along with all discussions and Findings of Fact, for Hart and Joliet Street, seconded by Mr. Valois and carried by voice vote with six ayes.
President Kennedy reiterated his concern regarding the width and weight limits on Hart Street in regards to approving the width and thickness waiver. Mr. Kuiper stated we will be trying to sell a property with a road that is eighteen feet wide and has “No Truck” signs posted. That limits the use significantly in an Industrial parcel. Mr. Birlson asked why the petitioner did not have someone lined up for the parcel so they could know what is proposed to be built. Mr. Kuiper stated we have to get the one-lot subdivision first before we can get a user. Then we will be back in front of you with a development plan to show that the user complies with the other set of requirements. President Kennedy asked if the one-lot subdivision could be done without the waivers. Mr. Kuiper stated we have to have the waivers regardless of what goes in there. Mr. Rettig stated we cannot sell the property without the waivers. Ms. Cardona stated she found it hard to believe that the property would not be sellable without the road width and thickness waiver. Mr. Kuiper stated if we do not get the waivers we are being deprived of using the property because we cannot widen or thicken the road either way.
Mr. Birlson made a motion to approve the road width waiver waiving the road width of thirty feet to eighteen feet, along with all discussions and Findings of Fact, seconded by Mr. Vlasic and carried 5-1 by roll call vote.
Ayes – Bob Birlson, Yolanda Cardona, Jon Gill, Bob Valois, Jason Vlasic
Nay – John Kennedy
Mr. Birlson asked since the road is already there and it is in a floodway, can it not be thickened. Mr. Kuiper stated if the Town could get approval for that, we would be happy to participate, but we cannot touch it because it is in a floodway. Any construction in a floodway requires a special permit.
With no one making a motion to approve or deny the pavement thickness waiver, President Kennedy asked Attorney Decker what would happen if no motion is made on the request. Attorney Decker stated the waiver would not be approved. Ms. Cardona stated if we are approving the other three, why would we not approve this one. It makes sense with the direction we are going to finalize this project. She stated she understood the hesitation, but it did not make sense to keep this waiver hanging. With that, Ms. Cardona made a motion to approve the pavement thickness waiver for Hart Street, along with all discussions and Findings of Fact, seconded by Mr. Gil. President Kennedy asked Councilman Blazak what he thought the Council’s feeling would be on limiting the road weight. Mr. Blazak stated he was going to make some phone calls the next day, but in discussions with some people from County, it typically ranges between 15,000 – 30,000 pounds. Discussion followed on different weight restrictions. Attorney Decker stated he found Ordinance 356, adopted March 8, 1971, that stated the load limit is five tons, 10,000lbs. Mr. Valois stated plow trucks exceed that limit easily. Attorney Decker stated he is not one hundred percent sure if that Ordinance is still valid. Voting was held for the motion that was made. The motion died 3-3 by roll call.
Ayes – Yolanda Cardona, Jon Gill, Bob Valois
Nays – Bob Birlson, Jason Vlasic, John Kennedy
President Kennedy stated the waiver is still in existence until we can get better direction from the Council. Mr. Kuiper stated there is nothing that is going to change from this meeting forward that would change the ability to comply with that requirement. By not granting this waiver, you are depriving us usage of that property, regardless if you approve the one-lot subdivision. President Kennedy stated he would feel comfortable approving it contingent on Ordinance 356 existing. Attorney Decker stated the Board could not do that. This Oridnance is not part of the Subdivision Control Ordinance, which is what the Plan Commission is legally required to consider applications based on. Whether this Ordinance is valid or not, it has no bearing on the Plan Commission’s consideration of the waiver and ultimately the approval of the application for Primary Plat approval. Discussion followed.
Ms. Cardona stated there are some competing interests here. We have a developer who has the right to develop it and at the same time we have residents here who are concerned about what will be built as well as the traffic and big heavy trucks. It seems that residents are not opposed to developing the property, rather the heavy trucks that can come along with Industrial. At the same time, we have to make sure that we are doing the best for the Town and that we are making sure the road is appropriately constructed for what it will be used for. Based upon what Attorney Decker has read in our duties, it confirmed the fact that they have brought forth enough to show that even if they wanted to comply with some of the waivers, they cannot do so. President Kennedy stated he agreed, but his concern was the wear and tear of that road. If something was in place to limit the weight on that road in our Subdivision Ordinance, it will limit the type of facilities that can develop there. Discussion followed regarding the fact that plows filled with salt already drive that road and typically weigh 20,000-25,000lbs.
President Kennedy asked if a limit is placed on Hart Street, will that be a concern in selling this lot. Mr. Kuiper stated they came in assuming the weight limit was 10,000lbs. already so no, that would not be a concern. The Board needs to remember that they will have another chance for review when the development plan and site plans come in.
Ms. Cardona made a motion to approve the pavement thickness waiver for Hart Street, along with all discussions and Findings of Fact, seconded by Mr. Gill, and carried by roll call vote. Ayes – Bob Birlson, Yolanda Cardona, Jon Gil, Bob Valois, Jason Vlasic, John Kennedy.
Mr. Birlson made a motion to approve the Primary Plat for the Hart-Joliet Subdivision, seconded by Mr. Gil and carried by voice vote with six ayes.
St. John Commons request for April 6 Public Hearing discussion.
Brad Lambert, 8865 Crooked Bend St. John, stated he was in attendance to request that the reconsideration of the PUD for the St. John Commons be added to the March 16th Study Session and the Public Hearing be set for the April 6th Regular Meeting. Mr. Rettig stated they were requesting to be heard at the March 16th Study Session in order to not miss the chance to get a public hearing for the April 6th meeting. President Kennedy asked when they would have the revised plans. Mr. Rettig stated by the 11th of March. President Kennedy stated it is up to the Board if we would like to announce the request and make it part of the upcoming meetings.
Mr. Gill made a motion to allow President Kennedy to make notice of public hearing on St. John Commons’ revisions to their PUD on April 6th with the knowledge that the Board will receive the revised plans on March 11th and they will be discussed at the Study Session on March 16th, seconded by Mr. Birlson and carried by voice vote with six ayes.
President Kennedy announced the public hearing for April 6th for the St. John Commons revisions.
Bill Keith, 10455 W. 93d Ave. St. John, stated the large pot hole that was referred to on Hart and 93rd was due to an accident that happened during the winter, it is not actually a pot hole. He also stated that it would be nice to install a sidewalk on the south side of Joliet Street going west from Hart Street as he knew of someone in the community that was in a terrible accident while riding his bike on the street when he was young and passed. It would be a nice gesture from the Town to dedicate that sidewalk in their memory. Mr. Keith also stated the reason Hart Street exists is because it was created for the farm equipment to cut through to the grain elevator. The road was never properly made in to a thoroughfare.
Ken Kaiser, 10813 Schneider Place St. John, stated in regards to Artesian Wells, the traffic in the morning going on to Route 231 is already bad. Adding a business is going to make it even worse trying to exit the subdivision on to Route 231.
Timothy Neary, 11025 W. 108th Ave. St. John, stated the streets in his subdivision used to have weight limit signs that have disappeared. The County brings the plows in to our neighborhood and has a hard time making the turns as is. Bringing a business in to that area will require all of the roads back there to be widened due to the extra traffic.
Dennis Tometczak, 11001 W. 108th Ave. St. John, stated if this development gets approved in Artesian Wells, the utilities will need to be studied to see if they can handle the extra usage. President Kennedy stated that would all be done in the engineer review.
| John Kennedy | Yolanda Cardona |
| Plan Commission President | Plan Commission Secretary |
Commissioners present: Bob Birlson, Vice-President; Yolanda Cardona, Jon Gill, Bob Valois, and Jason Vlasic.
Commissioners present via electronic meeting: Joe Gomeztagle
Also present: Adam Decker, Board Attorney; Kenn Kraus, Town Engineer; Bryan Blazak, Town Council Liaison; Joe Wiszowaty, Town Manager; and Sergio Mendoza, Director of Building and Planning.
Absent: John Kennedy, President
A quorum was attained.
Nathan Vis, Attorney, stated the revised PUD references updates suggested by the Board. The first revision is in Section 1.03 which lowers the amount of single family homes and sates that the assessments for the care and maintenance of the common areas shall be apportioned 30% to the Villas, 30% to the Lifestyle Condominiums, and 40% to the commercial development. We have continued to label the single family homes as villas, per the developer’s preference. In Section 1.26 we have clarified that these will be single family villas as well as the purpose of the trails and green space in Section 1.30. We have also attempted to clarify the restaurant usage that would be allowed, which states “sit down/quick service restaurant (includes ability to host outdoor dining/seating with approval of St. John Building Department”. We will install especially wide sidewalks in the retail area and would like to encourage use of them, so we have also added that “exterior, temporary sidewalk usage for restaurants, coffee shops, and eating venues is encouraged. Similarly, boutique shops, bookstores, etc., shall also not be prohibited from providing exterior sidewalk sale service.” Mr. Vis stated a change that was just made today and sent right before the meeting was the verbiage for tobacco stores, which has been modified to “tobacco shops” and “vape shops” to follow the Town’s Ordinance. In Section 6 we are proposing sixty foot lot widths at the building setbacks for the single family lots, as well as a minimum of 1,300 sq.ft. for the size of the home. The front yard setback will be twenty-five feet, the side yard setback will be seven feet, the rear yard setback will be twenty feet, and the height will be a maximum of thirty-five feet. We have also modified the lifestyle condominiums to forty feet in height. Mr. Vis stated the proposed exterior of the homes will be brick or cultured stone fronts with the sides and rear being vinyl siding. There was a concern of the maintenance of the middle island, which will be maintained by the HOA and there will not be sidewalks on it.
Mr. Valois asked if the condos would have individual garbage pickup, or if there would be dumpsters. Mr. Georgiou stated there would be a dumpster at the northwest of the parking lot, which the usage plans of that will need to be finalized. Mr. Vis stated we would like to use dumpsters to cut down on the amount of traffic, especially behind the buildings. Mr. Valois asked if there would be any speed bumps within the live/work area. Mr. Georgiou stated because of the circular access it would be very difficult to speed around so we do not see them as needed. Brad Lambert, Lambert Concrete, stated that would be tough to install since the garages are around the back. Our intention is to develop the single family land first and have people building there as we start progress on the retail end.
Attorney Decker asked if the five monument sign locations could be seen. Mr. Georgiou stated the sign locations have not changed. There will be two at the boulevard entrance, two at the live/work entrance, and one at the residential entrance. The locations can be seen on the site plan. Mr. Georgiou highlighted the back of the live/work buildings stating we have added driveways in front of the two-car garages that would provide two additional parking spaces. Town Manager Joe Wiszowaty stated with respect to the public right-of-ways on the residential side, are those to be dedicated. Mr. Georgiou stated the cul-de-sac at the southwest corner will continue to be a publically dedicated right-of-way, since we are finishing out Red Rock Place, as well as the street that comes in and around to the single family villas, which are up to St. John’s subdivision ordinance standards and will have the dedicated right-of-ways. There is also a private access road from the residential side to the commercial side. Mr. Georgiou stated all updates will be submitted prior to the next meeting for public hearing.
Mr. Birlson asked where the garden would be in reference to the building. Mr. Hunt stated it would be just to the south of the building. Mr. Valois stated the building is already being constructed. Mr. Kraus asked if the area that was labeled “not included” on the map was well 4. Mr. Hunt stated that was correct. Mr. Kraus stated because that is not owned by the Schillings, we will more than likely need some ingress/egress easements for water. Doug Rettig, DVG, stated that was a fair request. Mr. Hunt stated he believed one exists, but they need to track it down and add it to the plat. Mr. Kraus stated they will also need an easement for the raw water line and the potable water line. Mr. Rettig stated they have been researching all of the easements and making sense out of all of them. There was a one-lot subdivision there when the Shrine was built, but we are resubdividing the whole thing to include all of the property. Both lots will have frontage on US 41. Mr. Hunt stated the existing attractions will sit on lot one, and the newly added building will sit on lot two.
Mr. Gill asked the proposed materials for the building. Mr. Hunt stated the exterior finish will be an adobe-type look that matches a southwestern feel. Mr. Gill asked if a variance would be sought from the Overlay District standards. Mr. Hunt stated if we need to seek a variance, we will look in to that. Mr. Gill asked if the sidewalk and curbs would be installed on US 41. Mr. Hunt stated they would be seeking a waiver for that as well. When US 41 was expanded it was not deemed necessary to have it at that time, so the preference would be to get a waiver. Mr. Birlson asked when they were looking for a public hearing. Mr. Rettig stated April 6th. Mr. Hunt stated we would be requesting both preliminary and final plat approval at the meeting.
Mr. Valois stated he was at the site the other day and the meditation area is already in and the bathrooms have been started. Mr. Hunt stated there is a slab. Mr. Valois stated there are also framed walls and the taps have already been ran for the water and sewer. Mr. Hunt stated he would need to confirm that. Mr. Valois stated he believed they were. He stated he did not know if any tapping fees had been paid or if a permit was obtained to do any of that work. Mr. Hunt stated that is what triggered us to come in. There was a permit filed that was denied, or not accepted, so we are here seeking approval. Mr. Valois stated but you still did the work. Mr. Hunt stated up to a certain point. Mr. Gill stated a permit was not applied for, it was merely a representative placing a set of drawings on the counter at the office and walking out. There was never a formal application. Mr. Hunt stated there is a permit of record now from his understanding, but at the time there was not. It was a little bit of an over entrepreneurial spirit on Mr. Schilling’s part to move forward. Mr. Valois stated but there are fines for doing such things as this. Mr. Hunt stated that is why we are in here seeking approval to get everything that is needed.
Mr. Vlasic asked if the vet clinic needed to install sidewalks on US 41. Mr. Gill stated that was correct and that the gas station had to as well. Mr. Birlson stated this Board is pushing sidewalks no matter what because some day we may need them. Mr. Hunt stated there are concept plans drawn for the property north of this that the family owns that would have a walkable area that we are hoping to connect with this rather than having the sidewalk on the front of the Shrine. Mr. Birlson stated for the most part, the members of this Board are requesting sidewalks in the public right-of-way.
Mr. Vlasic stated you have a foundation and walls and we are now being asked to approve what you already have. Mr. Hunt stated it is all subject to site plan approval. Mr. Valois stated the meditation area is already done, there is a little white building down there, and the foundation and walls are in place at the bathrooms. All of this was done without a permit, and it is very disrespectful when we put a stop work order on a project, but the work continues. Mr. Vlasic agreed. Mr. Valois stated nothing to this point has been inspected. Mr. Hunt stated he was unaware that there was work done after the stop work order, but that he would look in to what was completed after that. Obviously the building permit that has been applied for needs to go through the same process. There is a history of building permits for the Shrine and the work that has been done, so this is an isolated incident.
Mr. Valois asked if the water main coming in from US 41 behind the well house was public. Mr. Kraus stated the raw water line is definitely public. The one that is coming in could be considered private. Mr. Valois stated he knew the Town put that in. Mr. Kraus stated he was not aware of that, but if it is a public water main it needs an easement. Mr. Rettig stated it does have an easement. Mr. Birlson asked how you get from the parking lot to the trail. Mr. Rettig stated you have to go through the gift shop to enter the prayer trail, which then will have a tunnel to get through to the meditation garden and restroom area. Mr. Vlasic asked if the building was currently being constructed. Mr. Gill stated they had not done work on it for the past few weeks. Mr. Hunt stated overall they believed it would be a great addition to the Shrine. Ms. Cardona stated she believed it would be a great addition if we can get past the sidewalk issue and the issue of not seeking the proper permits before the work was performed. Mr. Hunt stated we would like to move forward as planned subject to the public hearing.
Councilman Blazak let the Board know that he was going to recommend to the Council that a fifteen ton weight limit be placed on Hart Street. The floodway is on both sides of the road and getting a permit for repaving is going to be quite the process. Mr. Valois and Mr. Birlson agreed that a fifteen ton limit would at least help the wear and tear of that road. Ms. Cardona stated there was discussion about making it ten tons. Mr. Blazak stated we could change it to ten tons. The Board agreed that ten tons would be better than fifteen. Mr. Decker stated there was an Ordinance from 1971 that established a ten ton weight limit.
| Bob Birlson | Yolanda Cardona |
| Plan Commission Vice-President | Plan Commission Secretary |
Commissioners present: Bob Birlson, Vice-President; Jon Gill, Joe Gomeztagle, Bob Valois, Jason Vlasic, and John Kennedy, President.
Absent: Yolanda Cardona
Also present: Adam Decker, Board Attorney; Kenn Kraus, Town Engineer; Bryan Blazak, Town Council Liaison; Sergio Mendoza, Building and Planning Administrator; and Joseph Wiszowaty, Town Manager.
A quorum was attained.
October 21, 2020 Joint Town Council/Plan Commission Study Session
November 4, 2020 Plan Commission Regular Meeting
November 9, 2020 Plan Commission Special Meeting
November 18, 2020 Plan Commission Study Session
December 2, 2020 Plan Commission Regular Meeting
December 16, 2020 Plan Commission Special Meeting
December 16, 2020 Plan Commission Study Session
January 20, 2021 Plan Commission Study Session
February 17, 2021 Plan Commission Study Session
March 17, 2021 Plan Commission Study Session
April 21, 2021 Plan Commission Study Session
May 19, 2021 Plan Commission Study Session
June 16, 2021 Plan Commission Study Session
July 21, 2021 Plan Commission Study Session
August 18, 2021 Plan Commission Study Session
September 15, 2021 Plan Commission Study Session
October 20, 2021 Plan Commission Study Session
November 17, 2021 Plan Commission Study Session
December 15, 2021 Plan Commission Study Session
January 19, 2022 Plan Commission Study Session
February 16, 2022 Plan Commission Special Meeting
February 16, 2022 Plan Commission Study Session
March 2, 2022 Plan Commission Regular Meeting
March 16, 2022 Plan Commission Study Session
Mr. Gill made a motion to approve the October 21, 2020 Joint Town Council/Plan Commission Study Session, November 4, 2020 Plan Commission Regular Meeting, November 9, 2020 Plan Commission Special Meeting, November 18, 2020 Plan Commission Study Session, December 2, 2020 Plan Commission Regular Meeting, December 16, 2020 Plan Commission Special Meeting, December 16, 2020 Plan Commission Study Session, January 20, 2021 Plan Commission Study Session, February 17, 2021 Plan Commission Study Session, March 17, 2021 Plan Commission Study Session, April 21, 2021 Plan Commission Study Session, May 19, 2021 Plan Commission Study Session, June 16, 2021 Plan Commission Study Session, July 21, 2021 Plan Commission Study Session, August 18, 2021 Plan Commission Study Session, September 15, 2021 Plan Commission Study Session, October 20, 2021 Plan Commission Study Session, November 17, 2021 Plan Commission Study Session. December 15, 2021 Plan Commission Study Session, January 19, 2022 Plan Commission Study Session, February 16, 2022 Plan Commission Special Meeting, February 16, 2022 Plan Commission Study Session, March 2, 2022 Plan Commission Regular Meeting, and March 16, 2022 Plan Commission Study Session, seconded by Mr. Valois and carried by voice vote 5-0-1, with Mr. Gomeztagle abstaining.
President Kennedy stated he believed that the Town’s Ordinance requires that all lighting stays within your property line and questioned the blue line that looked to be encroaching on the north property line. Mr. Georgiou stated those are the items we would like to go over to clarify. He also stated that the lighting levels on the road that will give connectivity to the north, between the retail and live/work area, may be substandard. President Kennedy stated the lighting plan seems to still be fluid and he was unsure if it would be wise to make a recommendation to the Town Council on something that is not finalized. Mr. Georgiou asked if it would be possible to still make the recommendation, but note that it needs to be reviewed by staff and the Town Engineer before it is in front of the Town Council due to the length of time this process has taken. Mr. Mendoza stated we would need to provide some feedback to the Commissioners based on what the final product is with that contingency before going to the Council. Mr. Georgiou stated we have received no technical review back from Mr. Kraus or anyone, so our intention would be to correct it, present the final at the next Study Session, and then be before the Council. Mr. Kraus stated the question about the lighting on the north side would be an easy fix by switching out wattage or putting a shield on the light. President Kennedy stated he understood, but the Commission is making a recommendation to the Town Council with a plan that is not solidified and would like to make sure that the entire Commission and staff is comfortable with making that recommendation along with the contingency. Mr. Georgiou stated after speaking with Mr. Mendoza, the point that was well taken, was that it needed to be corrected before going to the Town Council. Worst case is that we can come before the Commission at the next Study Session to present the corrections and then it can be heard before the Town Council at their next meeting.
President Kennedy stated one of the proposed materials for the villas is vinyl siding. In the Greystone PUD, we would not allow them to have vinyl. He asked if there was consideration to change that. Mr. Birlson stated before that is addressed, the bike path is now straight, but it used to have curves and interest. Mr. Georgiou stated that was something that was done at the request of the homeowner’s to the south, to keep the path as far away from the existing homes as possible. Mr. Birlson stated he did remember that conversation.
Nathan Vis, Attorney, stated there is extra landscaping that is not shown on the map in front of you that will border the bike path as well as other areas throughout the site. There will be three separate HOA’s within the development, the first being the residential area to the east that will contribute to maintaining the center island as well as some exterior areas that will be common areas. They will also contribute to the maintenance of the blue space. The second association will be governing the condo units, which will contribute to the maintenance of the blue space and the green space to the south. The third association will be governing the commercial area, which will oversee any commitments necessary to maintain the blue space as well as the commercial area itself. He stated over the past two months we have changed the twenty paired villas to be thirteen single family cottage homes with sixty foot frontage lots, and as a result of modifying and minimizing the number of properties, my client has asked that some building materials be altered to match what is in the adjacent community. We are proposing that the front be a brick or stone façade, and the side and back exteriors be vinyl. Initially the paired villas were going to be brick or stone all the way around, which made sense to be able to offer that type of product with the twenty paired villas, but since having to downsize to single family homes we are asking the consideration of that adjustment. Mr. Vis stated we have updated what type of retail is allowed in the commercial space and have stated that they will be able to use the sidewalks in front of their space for dining or any type of sale and promotion, and we have also added the prohibition of tobacco and vape sales in that retail area. Brad Lambert, Lambert Concrete, stated they could switch out vinyl siding for LP Smart Siding if that is what the Town would rather see. President Kennedy stated he understood that the neighboring community had homes with vinyl siding, but that was one of the Town’s first PUD’s and since then, the further phases have switched to LP siding. Mr. Lambert stated he understood.
Open to Public Hearing 2021-25 St. John Commons
Pam Gentz, 10401 Red Rock Pl., stated we had heard different comments about Red Rock Place extending through to the development, but we see that is not going to happen and thank you for that. She asked if this development was the entire corner. Mr. Gill stated it stops short of the corner at 101st. Ms. Gentz asked how far north it would go. Mr. Gill referenced the areal map to give an idea of how large the development is. Ms. Gentz asked if the two villas were going to match what is existing on Red Rock Place even though they are single family and the rest of that area is duplexes. Mr. Georgiou stated it kind of depends on the purchaser how they design it, but we do want to keep them compatible with what is there. The covenants and restrictions are written for all of the single family homes and the design would be compatible with what exists in Greystone.
Closed to Public Hearing 2021-27 Walnut Creek North Addition Lot 1 and Lot 2
BOARD DISCUSSION/QUESTIONS/COMMENTS
President Kennedy asked if the single family homes on Red Rock Place could not be duplexes because of lot size. Mr. Georgiou stated we would have needed a variance for the pipeline easement in order to do duplexes, which is what originally was intended. President Kennedy stated he was in favor of the project, but wanted to get the feeling of the Commission and where they stand with granting a contingency on a recommendation to the Town Council since the lighting plan was not complete. Mr. Georgiou stated we have received no technical review from anyone regarding the project. President Kennedy stated he was under the impression that the lighting plan had always met the Town’s Standards, but we are finding out now that it does not. Mr. Mendoza stated it sounds like they are asking for some fluidity with their lighting plan, but the concern seems to be that the Commission may not be comfortable granting a recommendation to the Town Council with something that is fluid. President Kennedy stated that was correct because we were under the impression that the plan met our standards. We do not want to set precedent with further PUD requests and consistently granting contingencies. Mr. Georgiou stated he has done PUD’s and it has always been the understanding that it is set it stone once approved and any changes required an amendment to be made. We are asking if we came back with a technical revision, would that be a Plan Commission action, or would we need to hold a public hearing for a PUD revision. Attorney Adam Decker stated our Ordinance provides that once the PUD Development Plan has been submitted and approved, there are two different methods for possible revision. Mr. Decker went on to site STMC Chapter 9, Section G (4) which stated in detail that the Town Manager may approve minor changes and include findings that the revised plan complies with the PUD standards in the Ordinance and complies with all conditions imposed on the PUD. All major changes must go in front of the Plan Commission and may only be approved after a public hearing. Mr. Vis stated the only area we are questioning is the area to the north and west in the lighting plan, which according to Mr. Kraus is a minor change. He stated his recommendation to the Commission is to make a recommendation to the Town Council subject to the final engineering approval to meet St. John requirements on lighting. Mr. Georgiou stated the specific drawings will not change, it is just the lighting levels that we are questioning.
Board Action
Mr. Birlson made a motion to forward a favorable recommendation to the Town Council regarding the request for a PUD Rezone for St. John Commons, including all discussions and Findings of Fact, contingent on the siding of the cottage homes to be changed from vinyl to LP Smart Siding as well as the technical review and approval of the lighting plan by Town staff and engineer before the PUD Rezone is heard before the Town Council at their next regular meeting. The motion was seconded by Mr. Valois and carried by voice vote 5-0-1, with Mr. Gomeztagle abstaining. Discussion followed regarding what was needed to send to the Town Council with the recommendation. Mr. Decker confirmed that the State Statute requires a certification of the vote for the recommendation, which can be signed at any time by the Commission President.
Continued Public Hearing 2022-01 Lenting’s 2nd Addition to St. John
Ken Kaiser, 10813 Schneider Pl., stated at the last meeting the attorney gave reference to a State Statute that stated if a person is trying to rezone a parcel and it does not benefit the neighborhood, the Commission should deny it. This change would not benefit our neighborhood. Where Mr. Lenting plans on putting a commercial business will cause more trucks to go through the neighborhood. Mr. Lenting has stated that he does not work out of the garage on his property, yet his employees have stated that is where they receive material. The added traffic to the neighborhood would be detrimental to the roads, and it should be Mr. Lenting’s responsibility to improve those. One person should not dictate what happens in a subdivision.
Tim Neary, 11025 W. 108th Ave., asked the Commission if they had done research on the proposal and how the sewer and water would be affected as well as the roads. President Kennedy stated from his understanding, Mr. Lenting is looking to receive professional engineering and legal services. With that, we have not received the documentation needed to make those determinations, which is why the public hearing was left open. As of tonight, we do not have anything new from the previous meeting. Mr. Neary asked if no one wants this to happen, why are we spending the energy, time, and money to move it forward. President Kennedy stated Mr. Lenting has the right to request this. Mr. Neary stated we also have the right. President Kennedy stated he was not saying Mr. Neary did not have the right to speak against it, but that the Plan Commission has to allow Mr. Lenting’s petition to be heard. Mr. Neary stated there are a lot of “what ifs” when it comes to the drainage of the area and where the water runoff will go. Currently his employees go through the subdivision, which will be the same thing that will happen if the commercial project is allowed.
Tom Hausier, 10784 Schneider Pl., stated he agreed that there are a lot of “what ifs” with this project. We do not know the design of the commercial or residential buildings that he is proposing. His current residential build does not fit in to the neighborhood as is, which is not good for anyone to have. He asked the Commission to really look at what is being proposed before making a decision.
President Kennedy asked with this being the second meeting for this public hearing with no new information being provided, at what time do we close this and how should we proceed. Mr. Decker stated if the applicant is not presenting the plan and providing the required information and data needed, it would be appropriate for the Plan Commission to take some action in regards to the public hearing. President Kennedy stated the information is lacking and may change, which may result in a new public hearing. He stated his recommendation is to close the public hearing. The Commission agreed with the decision to close the public hearing.
Closed to Public Hearing 2022-01 Lenting’s 2nd Addition to St. John
BOARD DISCUSSION/QUESTIONS/COMMENTS
Mr. Birlson asked how long we keep considering this item. If he is going to present to us then he needs to have his “ducks in a row” and present everything at once. Mr. Decker stated he believed if it’s the same proposal, and the proposal is denied, he would need to wait a year to re-present to the Commission. President Kennedy suggested deferring it for another month to give Mr. Lenting a chance to come back with the correct information. Mr. Kraus stated he is coming in for a primary plat approval, secondary plat approval, and then a rezone. President Kennedy stated that was correct. Mr. Kraus stated when he comes in for primary plat approval, he needs to have drawings in front of you thirty days before the meeting. He would not make thirty days before the May meeting. President Kennedy stated he has petitioned and is trying to hire professionals to help. If we deny then he potentially has to wait a year to reapply. We are just trying to figure out the best way to move forward. Mr. Gomeztagle asked if they could defer the petition. President Kennedy stated we could, but it would be another two months before we are even close. Mr. Kraus stated he would be reviewing the subdivision plans for primary plat as a residential subdivision because that is what it is zoned now. When he comes in to rezone to Commercial, all of the roads and other conditions would need to be met and he would have to change a lot. Councilman Blazak suggested moving this item to the end of the agenda while Mr. Decker looks in to the statute.
President Kennedy read in to record the primary plat review letter from engineer Kenn Kraus, see Exhibit A.
Doug Rettig, DVG, presented the final plat for Montgomery Estates. President Kennedy read in to record the secondary plat review letter from engineer Kenn Kraus, see Exhibit B.
Board Action
Mr. Gill made a motion to approve the secondary plat of Castle Rock, Phase 1, Lots 5 & 6, including all discussions and Findings of Fact, seconded by Mr. Vlasic and carried by voice vote 5-0-1 with Mr. Gomeztagle abstaining.
Mr. Rettig stated to the Board that he has seen other Commissions in other Towns defer petitions, like the Lenting’s petition, and allow them to withdraw their application so they do not have to wait a year to reapply. It gives them the opportunity to come back with correct information. Mr. Birlson stated he liked that idea.
Board Action
Mr. Birlson made a motion to approve the secondary plat of Kropp Industrial Park, including all discussions and Findings of Fact, seconded by Mr. Gill and carried by voice vote 5-0-1, with Mr. Gomeztagle abstaining.
President Kennedy asked if they owned the property to the north. Mr. Hunt stated they did. President Kennedy asked if there were plans for connectivity to the north. Mr. Hunt stated there are no set plans, but once there is future development, there will be connection in front of the proposed building to the east. There would be a proposed interior road that would connect the two sites. President Kennedy stated the Comprehensive Plan calls for improved intersections, and asked if the intersection to the north would be improved. Mr. Hunt stated in front of the Shrine is the main entrance to the facility. The additions are merely additional amenities to the Shrine itself. Everyone will be coming through the main entrance for these buildings, but the intersection you are speaking of can be used for emergencies. He stated if we do proceed with commercial development to the north, part of the plan includes a signaled intersection where traffic would come through that interior road. Doug Rettig, DVG, stated some of that groundwork is already in place for a future intersection to the north.
President Kennedy stated back in the day, the school had asked to build a salt barn which mimicked their bus barn. Because the building materials were not allowed, we did require extra landscaping as a buffer just for your reference. Mr. Hunt stated because the building is set off from US 41 it will not be as prominent as other buildings. President Kennedy stated the sidewalk waiver is a concern because we have been diligent about requiring that even on US 41. Mr. Hunt stated there was potentially room for a sidewalk, but the road was just recently widened all the way to our property line. Mr. Rettig stated the State paved up to the property line and then there is a small strip between the road and curb of the parking lot, so there is physically no room for a sidewalk. Mr. Birlson asked if extra right-of-way could be given for a sidewalk. Mr. Rettig stated that would take from the parking lot. Mr. Hunt stated there will be connectivity to the north via the main boulevard entrance that will come through the middle of the property to the north, and a roadway and sidewalk would meet roughly fifty feet in front of the proposed building. Mr. Vlasic asked if a sidewalk could go around the pond. Mr. Hunt stated he would need to take a look. Mr. Rettig stated the existing sidewalk in front of the building could possibly extend north. Mr. Hunt stated the main building already sits on a subdivided lot. We would not need to put in a sidewalk or curb on lot one. We could put a sidewalk on lot two in order to comply.
Mr. Gomeztagle stated one of his concerns is the amount of traffic that goes through there along with the buses that are beginning to stop. Without a sidewalk, we could have some issues in the best interest of the community. Mr. Hunt agreed and stated the intent would be to connect the new lot two to the potential commercial development to the north, we just do not know what that looks like at this time. Discussion followed regarding the degree of difficulty to install a sidewalk on lot one.
President Kennedy asked to go back to item B to make a decision on the Lenting petition. Mr. Decker stated the Plan Commission rules, in accordance with State Statute, states that “every petitioner application to rezone property must be filed with the Building and Planning Department no later than sixty days prior to its consideration”. Section 5, Article 5 states “the Commission shall not further consider any rezoning petition that is defeated by the Town Council for one year after it is defeated.” That time is not triggered by the action of the Plan Commission, rather the act of the Town Council based on the recommendation by the Plan Commission. President Kennedy asked about the replat. Mr. Decker stated to his knowledge there is no time regarding a platting reconsideration. President Kennedy stated if the Board denies, it would not hinder him from waiting a year to get the information together. Mr. Decker stated if we are strictly speaking of the application for the plat approval, there would be nothing to prevent them from coming back to the Plan Commission even if the petition is denied for plat approval. President Kennedy stated he has petitioned for a replat and rezone. Maybe we should separate the two. Mr. Decker stated he did not know about the timing and would need to give that more consideration. President Kennedy stated it sounds like we have two options. To either defer and recommend that the petitioner withdraw their application, or deny it. Mr. Decker stated this body has final say on the subdivision application, but not the zoning application. Those are two separate actions that would need to be taken. President Kennedy asked if they needed to defer the rezone and let it be in the Town Council’s court. Mr. Gill stated since Mr. Lenting is not here to say anything he believed it would be best to defer everything and give him the chance to come back with something cleaner or withdraw for now. Mr. Birlson stated the question is will he withdraw or do we need to force the hand and deny it in order to make him reapply. If the Town Council denies it, he has to wait a year, but if we deny it he does not. President Kennedy stated that is for the rezoning only. This is a residential lot, and if it gets approved all of the infrastructure will need to be upgraded to meet the commercial standards. President Kennedy stated he agreed with Mr. Gill in regards to deferring it. Mr. Birlson stated he believed that the petitioner should come here with everything ready to go rather than public having to come back month after month and the petitioner not be here to say anything. Mr. Decker stated there are two applications pending. The first is the subdivision plat approval. That decision rests with the Plan Commission. The second item is for the rezone from residential to commercial. This Board will make a recommendation, once the Findings of Fact criteria are reviewed, to the Town Council and they will have final say. Mr. Decker stated to him it makes more sense to keep the two items together, whatever the decision.
Board Action
Mr. Gill made a motion to defer the proposed primary replat of Artesian Wells, seconded by Mr. Vlasic and carried by roll call vote with four ayes, one nay, and one abstention.
Ayes - Joh Gill, Bob Valois, Jason Vlasic, John Kennedy
Nays - Bob Birlson
Abstain - Joe Gomeztagle
Mr. Gill made a motion to defer the proposed rezone to C-2 of proposed lot two at 10911 108th Ave., seconded by Mr. Valois and carried by voice vote with four ayes, one nay, and one abstention.
Ayes - Joh Gill, Bob Valois, Jason Vlasic, John Kennedy
Nays - Bob Birlson
Abstain - Joe Gomeztagle
| John Kennedy | Bob Birlson |
| Plan Commission President | Plan Commission Vice-President |
Absent: Jason Vlasic
Also present: Adam Decker, Board Attorney; Kenn Kraus, Town Engineer; Bryan Blazak, Town Council Liaison; Sergio Mendoza, Building and Planning Administrator; and Joseph Wiszowaty, Town Manager.
A quorum was attained.
President Kennedy asked if this needed to come before the Commission again at the regular meeting since a favorable recommendation was already made. Building and Planning Director, Sergio Mendoza, stated we felt it best that this come before the Commission with the revisions made before it goes to the Council since the recommendation was made with these contingencies. Mr. Georgiou stated he assumed this was still going to the Town Council next Wednesday. Town Manager, Joseph Wiszowaty, stated it is already on the agenda for the next meeting.
President Kennedy asked if lot 1 was fully developed. Mr. Hunt stated that was correct. President Kennedy asked if further plans needed to be submitted for lot 2 since the Commission will be approving the site plan for the entire site, but only a portion of it will be developed at this time. Mr. Mendoza stated there is a landscape rendering for lot 2, but we have not received photometrics for the site and we are not one hundred percent sure if the site plan that has been submitted is complete. Mr. Hunt stated the remainder of the lot will be undeveloped for the time being, with likely no development until there is future development to the north. To the west is wetland area that we cannot build on, and even further west is a tree planting mitigation area that holds a covenant with DNR. This proposal is as far west as we can develop on this lot. The eastern portion of lot 2 will continue to be ingress/egress. President Kennedy stated his concern is approving a site plan that is not fully laid out. Mr. Hunt stated we have no further development in that area without an additional site plan. President Kennedy stated if that is the case, maybe a site plan can be provided that shows a schematic roadway so we know there is no future development planned, but potentially a future roadway to the north. Mr. Hunt stated the intention is not to have a future parking lot, but unfortunately right now we do not know where a potential road will go. The concept plan could be changed once discussions begin with INDOT and the Plan Commission. More than likely the development to the north will drive what happens with that portion. Right now we would like to leave that blank with no right for us to develop it further without Plan Commission approval.
Mr. Gill asked if any additional parking would be needed with the new development per the Town’s Ordinance. Mr. Hunt stated we are not in need of additional parking. Mr. Decker stated per the Town’s Ordinance, Section 24-594 states that a site plan may be submitted to the Plan Commission for approval when off street parking in addition to that already provided on the site is required, also any changes of building or property uses for which previous site plan approval was required. President Kennedy asked if everyone was comfortable with approving a site plan that was technically incomplete. Mr. Hunt stated the rest of the site will remain as undeveloped land. He stated that at the May 4th meeting, they will be requesting preliminary and final approval on the plat. President Kennedy stated that may be requested and it is at the discretion of the Board to approve or deny.
Ms. Cardona stated she vaguely recalls there being discussions regarding waivers and asked if that was still the case. President Kennedy asked if she was referring to sidewalk and curbs. Mr. Hunt reviewed the variances received from the BZA and stated they would still be requesting a waiver for curbs and a sidewalk on lot 1 with the hardship of US 41 coming up to the property line on lot 1. On lot 2 there is room for a sidewalk in the right-of-way and we will try to line it up with future development. If you look at the concept plan, the sidewalk will come off of US 41, west to the proposed frontage road to connect to the Shrine. President Kennedy asked how large the gap was between the parking lot and the decel lane. Mr. Hunt stated it is about three feet, but it is at a slope. Mr. Valois stated he agreed that there is no room for a sidewalk there.
Mr. Hunt stated they are trying to keep lot 2 as open and flexible as possible since they are not sure how the connectivity will happen to the development to the north. We will likely go through several revisions that will impact how lot 2 connects to the future development, which will be in front of the Commission once it happens.
| John Kennedy | Yolanda Cardona |
| Plan Commission President | Plan Commission Secretary |
