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 |
Commissioners present: Bob Birlson, Vice-President; Yolanda Cardona, Jon Gill, Bob Valois, Jason Vlasic, and John Kennedy, President.
Joe Gomeztagle entered the meeting at 7:03 P.M.
Also present: Adam Decker, Board Attorney; Kenn Kraus, Town Engineer; Bryan Blazak, Town Council Liaison; Gena Lauridsen, Building and Planning Administrative Assistant; and Joseph Wiszowaty, Town Manager.
Absent: Sergio Mendoza, Building and Planning Director
A quorum was attained.
April 6, 2022 Plan Commission Regular Meeting
April 20, 2022 Plan Commission Study Session
Mr. Birlson made a motion to approve the April 6, 2022 Plan Commission Regular Meeting and April 20, 2022 Plan Commission Study Session minutes, seconded by Mr. Gil and carried by voice vote with six ayes. Mr. Gomeztagle was not present during the voting.
President Kennedy asked when the revised site plan was provided to the Town because this is the first time he was seeing it. Mr. Hunt stated it was just recently provided. There was an updated plan with the proposed drive and sidewalk that was sent out last week, but just today we got all of the information for the sanitary and stormwater lines. President Kennedy asked if Town Engineer Kenn Kraus had been able to review the new site plan. Mr. Kraus stated briefly since it was received at 11:30 A.M. today.
Mr. Hunt stated essentially there will be the old part of The Shrine and the new part of The Shrine that will be on two lots. Lot one will hold the old part of The Shrine and lot two will be the addition of the retail building, plaza, and meditation garden. We realized that there needed to be an additional area where you could reflect on what you had just seen throughout the trail as well as another area for restrooms after the trail. Mr. Hunt went on to list the various variances that The Shrine received from the Board of Zoning Appeals at the April 18th meeting. Frank Schilling, founder of The Shrine, stated he wanted to make clear that the building is not considered a welcome center. No one can drive up and go in to the new building, they can only get there by going through the prayer trail. Mr. Hunt also clarified that the water and sewer were not tied in to yet, even though it was speculated that a tie in was made.
Opened to Public Hearing 2022-07 Marian Wayside Shrine
No public comments were made.
Closed to Public Hearing 2022-07 Marian Wayside Shrine
BOARD DISCUSSION/QUESTIONS/COMMENTS
President Kennedy explained to the Commission that the petitioner is currently seeking Primary Plat approval as well as asking for consideration of the Secondary Plat approval for tonight. They are also seeking curb and sidewalk waivers for lot one and curb waivers for lot two. Mr. Hunt stated there is a small portion of lot two, that is part of the previously subdivided lot, which will not have a sidewalk. President Kennedy acknowledged that he saw the area Mr. Hunt was referencing and stated the sidewalk will run due west. Mr. Hunt stated that is a proposed sidewalk for when there is future development. He stated he did believe that The Shrine will be the driving force to generate interest in the commercial development to the north. President Kennedy asked if a sidewalk was proposed across the drive for the time being, but not due west until the north is developed. Mr. Hunt stated that was correct and pointed out where the sidewalk will be beginning at the north lot line for lot two running south. The reason for that is because we do not know the exact lineup of how the development will fit in and what amenities will be needed. President Kennedy stated lastly, The Shrine is seeking site plan approval as well.
Board Action
Mr. Birlson made a motion to approve the curb and gutter waiver along lot one and lot two, including all discussions and Findings of Fact, seconded by Ms. Cardona and carried by voice vote 6-0-1.
Ayes – Bob Birlson, Yolanda Cardona, Jon Gill, Bob Valois, Jason Vlasic, John Kennedy
Nays – None.
Abstain – Joe Gomeztagle
President Kennedy stated he believed the hardship for a waiver of sidewalk on lot one was the fact that there was not enough room. Mr. Hunt stated that was correct. There is about three feet between the road and parking lot and it is at such an angle that a sidewalk would be useless. Mr. Birlson made a motion to approve the sidewalk waiver along lot one, including all discussions and Findings of Fact, seconded by Mr. Gill and carried by voice vote 5-1-1.
Ayes – Bob Birlson, Yolanda Cardona, Jon Gill, Bob Valois, John Kennedy
Nays – Jason Vlasic
Abstain – Joe Gomeztagle
Mr. Gill made a motion to approve the preliminary plat, including all discussions and Findings of Fact, seconded by Mr. Birlson and carried by voice vote 6-0-1.
Ayes – Bob Birlson, Yolanda Cardona, Jon Gill, Bob Valois, Jason Vlasic, John Kennedy
Nays – None.
Abstain – Joe Gomeztagle
President Kennedy read in to record the engineer review letter from Kenn Kraus, see Exhibit A. Mr. Kennedy stated since there is now public infrastructure on lot two, we will need to figure the development fee that will be owed. Mr. Kraus stated that will be a part of the final plat. The only cost would be for the sidewalk since the water and sewer are all in place.
President Kennedy read in to record the engineer review letter from Kenn Kraus, see Exhibit B, and noted that a letter of credit would be needed for the sidewalks.
Mr. Birlson made a motion to approve the final plat, including all discussions and Findings of Fact, seconded by Ms. Cardona and carried by voice vote 5-1-1.
Ayes – Bob Birlson, Yolanda Cardona, Jon Gill, Bob Valois, John Kennedy
Nays – Jason Vlasic
Abstain – Joe Gomeztagle
Mr. Gill stated if the site plan is approved tonight, he would like a contingency to be placed that The Shrine’s architect signs off on anything that was done prior to the Town being privy to the improvements that have been made so that we can move forward and inspect things as normal. He stated he also would like for a concise site plan to be submitted with the building placed on it showing setbacks, a legal description, and flood zone classifications. In order to release a permit, we need something with a book and page number, which is normally done after the mylar is recorded. President Kennedy stated in his opinion, this is an incomplete site plan. We understand you want the site plan to be “fluid”, but sometimes we cannot allow fluidity as a Commission that is called to plan. Currently Mr. Kraus, along with the Commission, has barely had a chance to review the most recent plan submitted which means we have no letter from him. President Kennedy stated he understood the want to move forward with the project, but he was not comfortable with the site plan as is. Mr. Hunt stated there were additional items that popped up this week and we changed the site plan as quickly as we could. We have tried to tackle each concern brought up, and in terms of improvements, all of them are laid out. The buildings and plaza are on there, as well as the proposed driveway and sidewalks for informational purposes. After reviewing the Town’s code regarding site plan review, it states that any changes made to a previous site plan approval would require us to come back. No changes will be made to this site before coming back for additional approval. We currently have trades waiting to finish the project, and we hire local people so these are your neighbors waiting to start work on the project. Mr. Hunt stated even if site plan approval were granted, we still have to go back to the building department to apply for a permit, which will be another layer of approval.
Mr. Vlasic stated he believed it would set a bad precedent to rush this together. Mr. Birlson asked if there had been communication with St. John staff to get information on to the site plan. Mr. Hunt stated he was not aware that there were issues with the site plan. Mr. Gill stated it does list all of our requirements for a site plan in the Subdivision Control Ordinance. Doug Rettig, DVG, stated the site plan was submitted weeks ago, but we have been adding items when they have been needed. He agreed that it was not a typical site plan, but they are basically asking for everything all at once. If a contingent approval is received on the site plan, we can get whatever further information is needed. A few weeks ago we believed we were in order with the site plan and it is not our intention to mislead anyone. A lot of the information is spread between the primary and final plat that would be seen on a site plan. Mr. Gill stated that Mr. Rettig was correct, it just needed to be condensed. Mr. Hunt stated we are just trying to move past this problem and complete the project.
President Kennedy stated he knew they were requesting for the mylar to be signed after the meeting with the final plat approval, but there now needs to be a letter of credit submitted, which needs to go to the Town Council for acceptance so we may have to wait until next month anyway. Mr. Kraus stated the letter of credit will be the minimum of $1500 because there is not much of a sidewalk there to install. President Kennedy stated he would like to have another thirty days to review a more detailed site plan. Mr. Gomeztagle agreed with President Kennedy.
Ms. Cardona asked Mr. Hunt if a site plan could be provided that follows the requests of the Commission without too much of a hardship on The Shrine. Mr. Hunt stated he believed so. It would help if the signatures were on the plat to get recorded in order to add that to the site plan, but it sounds like that request will be denied, so we can leave it blank for the recording. Our preferred resolution would be that the site plan is approved along with Mr. Gill’s contingencies.
Mr. Vlasic made a motion to defer the approval of the site plan, seconded by Mr. Valois and carried by voice vote 6-0-1.
Ayes – Bob Birlson, Yolanda Cardona, Jon Gill, Bob Valois, Jason Vlasic, John Kennedy
Nays – None.
Abstain – Joe Gomeztagle
Mr. Hunt stated the last item is regarding the signing of the mylar. There is nothing that legally states that the mylar cannot be signed the night of approval, but there is a thirty day appeal process that the Commission typically follows. President Kennedy asked if the mylar still needed to be signed since the site plan has been deferred. Mr. Hunt stated the need is not there, but the preference is. In order to get a building permit, we need a recorded plat, which cannot be done until the mylars are signed. President Kennedy explained to the Commission the past procedures regarding plat approvals and the acceptance of letters of credit. Mr. Gill stated this is kind of a different animal. There are minimal improvements and normally the only time we are asked to waive the thirty days is when someone is combining a few lots and doing something simple. If you have a ten lot subdivision, you typically grant the preliminary plat approval in order to allow the developer to go out and turn dirt and start making those improvements so that when the time final plat approval comes, there are minimal improvements left to be made that are bonded for. In this instance, other than the sidewalk, you are drawing lines in the sand and recording them at County in order for them to be official lot lines. President Kennedy asked if Mr. Gill felt comfortable signing the mylars tonight. Mr. Gill stated there are other projects that could be subject to this same scenario, and there is another layer with the permitting process as well. Mr. Hunt stated it really is contingent upon site plan approval and asked if it could be contingent on the earlier of site plan approval or the thirty day period. This way the Plan Commission still controls if it gets signed earlier and it is only subject to site plan approval. Without site plan approval, there is no need for the signatures earlier. Attorney Decker stated it sounds like our normal course of action. The surety will be provided to the Clerk-Treasurer’s office before the release of the mylar.
President Kennedy read in to record the engineer review letter from Mr. Kraus, see Exhibit C.
Mr. Gill made a motion to approve the final plat, including all discussions had and Findings of Fact, seconded by Mr. Valois and carried by voice vote 6-0-1.
Ayes – Bob Birlson, Yolanda Cardona, Jon Gill, Bob Valois, Jason Vlasic, John Kennedy
Nays – None.
Abstain – Joe Gomeztagle
Mr. Gill made a motion to send a favorable recommendation to the Town Council to accept the letter of credit in the amount of $277,945.80, seconded by Mr. Valois and carried by voice vote 6-0-1.
Ayes – Bob Birlson, Yolanda Cardona, Jon Gill, Bob Valois, Jason Vlasic, John Kennedy
Nays – None.
Abstain – Joe Gomeztagle
Mr. Valois made a motion to defer the final plat approval, seconded by Mr. Birlson and carried by voice vote 6-0-1.
Ayes – Bob Birlson, Yolanda Cardona, Jon Gill, Bob Valois, Jason Vlasic, John Kennedy
Nays – None.
Abstain – Joe Gomeztagle
President Kennedy read in to record the engineer review letter from Mr. Kraus, see Exhibit D.
Mr. Gill made a motion to approve the final plat, including all discussions had and Findings of Fact, seconded by Mr. Vlasic and carried by voice vote 6-0-1.
Ayes – Bob Birlson, Yolanda Cardona, Jon Gill, Bob Valois, Jason Vlasic, John Kennedy
Nays – None.
Abstain – Joe Gomeztagle
Mr. Gill made a motion to send a favorable recommendation to the Town Council to accept the letter of credit in the amount of $76,740.40, seconded by Mr. Valois and carried by voice vote 6-0-1.
Ayes – Bob Birlson, Yolanda Cardona, Jon Gill, Bob Valois, Jason Vlasic, John Kennedy
Nays – None.
Abstain – Joe Gomeztagle
| John Kennedy | Yolanda Cardona |
| Plan Commission President | Plan Commission Secretary |
Commissioners present in-person: Bob Birlson, Vice-President; Yolanda Cardona, Secretary; Jon Gill, Bob Valois, Jason Vlasic, and John Kennedy, President.
Also present in-person: Adam Decker, Board Attorney; Kenn Kraus, Town Engineer; Bryan Blazak, Town Council Liaison; Sergio Mendoza, Building and Planning Director, Joseph Wiszowaty, Town Manager.
Absent: Joe Gomeztagle
A quorum was attained.
Mr. Gill made a motion to approve the May 4, 2022 Plan Commission Regular Meeting minutes, seconded by Ms. Cardona and carried by voice vote with six ayes.
Opened to Public Hearing 2022-08 Baran Estates
No public comments were made.
Closed to Public Hearing 2022-08 Baran Estates
BOARD DISCUSSION/QUESTIONS/COMMENTS
President Kennedy read in to record the engineer review letter from Town Engineer Kenn Kraus, see Exhibit A.
Board Action
Mr. Birlson made a motion to approve the lot width of 89.29 – 89.81 feet, seconded by Ms. Cardona and carried by voice vote with six ayes.
Ayes - Bob Birlson, Yolanda Cardona, Jon Gill, Bob Valois, Jason Vlasic, and John Kennedy.
Nays – None.
President Kennedy asked if there were curbs on the east side of Marquette. Mr. Homeier stated yes, they were installed by the subdivision that is on the east side of Marquette, but there are none on the west side. Mr. Valois stated there is a ditch line on the west side. Mr. Homeier stated that was correct. There is a shoulder and ditch with culverts. President Kennedy asked if it would make sense to install a curb. Mr. Valois stated it would not make sense to install a curb. Mr. Valois made a motion to approve the waiver of curbs along Marquette, seconded by Mr. Vlasic and carried by voice vote with six ayes.
Ayes - Bob Birlson, Yolanda Cardona, Jon Gill, Bob Valois, Jason Vlasic, and John Kennedy.
Nays – None.
President Kennedy asked if a sidewalk waiver was being requested just because there is not one to connect to. Mr. Homeier stated that was correct. There is no sidewalk to connect to for numerous lots to the south, and none to the north all the way to 85th Avenue. It would really be a sidewalk to nowhere. President Kennedy asked if there were any elevation hardships. Mr. Homeier stated not that he knew of. Ms. Cardona stated she has a hard time granting this waiver because historically the Commission has been requiring sidewalks unless there is a true hardship. Mr. Homeier stated he understood, but from a logical standpoint, it does not make sense to install it, so he had to ask. Mr. Birlson made a motion to deny the waiver of sidewalks along Marquette, seconded by Ms. Cardona and carried by voice vote with six ayes.
Ayes - Bob Birlson, Yolanda Cardona, Jon Gill, Bob Valois, Jason Vlasic, and John Kennedy.
Nays – None.
Ms. Cardona made a motion to approve the preliminary replat including Findings of Fact and all discussions had, seconded by Mr. Valois and carried by voice vote with six ayes.
Ayes - Bob Birlson, Yolanda Cardona, Jon Gill, Bob Valois, Jason Vlasic, and John Kennedy.
Nays – None.
President Kennedy asked if there was a house on the property currently. Mr. Cannon stated there was. He stated his grandparents live in the existing house and the pawn shop is no longer is operation. Mr. Birlson asked what the other structures on the property were. Mr. Cannon stated there is a pole barn and garage behind the home. President Kennedy asked how they planned to get access to the proposed second lot. Mr. Cannon stated we would extend the existing driveway to the other side of the line of evergreen trees and carry it back to the second home, using the existing entrance off of Wicker Avenue. President Kennedy stated this area is zoned Commercial currently. Mr. Cannon stated he would come back to rezone lot two to Residential, but keep lot one as Commercial. President Kennedy asked if the access would be private or public. Mr. Cannon stated technically the area going back to the existing home is a private driveway, but we do have people turn around there when they mean to enter in to Northwoods. We have discussed installing a gate to prevent people from going back to the residential area if it is needed.
Opened to Public Hearing 2022-09 Cannon’s Addition
Joyce Koch, 8245 Meadow Lane, asked if a stipulation could be put on the property to only allow one home to be built in order to avoid more homes back there in the future. She stated it is a beautiful piece of property and would love for it to stay that way since she is a resident that backs up to the parcel.
Closed to Public Hearing 2022-09 Cannon’s Addition
BOARD DISUCSSION/QUESTIONS/COMMENTS
President Kennedy stated this is an item that would benefit from a Study Session because there seems to be some questions regarding utilities and the creation of that access easement. Mr. Cannon stated his surveyor did submit an updated plat and asked if Mr. Kraus had received it. Town Engineer Kenn Kraus stated it was sent at about eight minutes to midnight last night, but that he was able to look it over a bit. The existing utilities that service lot one were added, but it does not show how lot two will be served or the main lines that those service lines come from. There are concerns regarding the access easement running through the middle of the property, which is fine for family, but in fifty years who knows who is going to be the owner of the property. Mrs. Cannon stated the property is in a trust that will be passed on to her grandson at her death. Mr. Kraus stated it would have to run with the land and not the owners of the land. Mrs. Cannon stated her grandson will not have the authority to sell the property as part of the trust. Mr. Kraus stated that is what we would need to make sure of. Mr. Birlson asked if the easement would need to be recorded. Mr. Kraus stated the easement would need to be recorded as part of the plat, but we need to know if there is an access easement agreement that covers access, maintenance, who has to repave it in the future, etc. Mr. Birlson stated it would have to be separate from the trust since this would run with the land, no matter who the owner is. President Kennedy stated that Mr. Cannon’s surveyor needed to get with Mr. Kraus in order to get some things ironed out to present at the next Study Session.
Mr. Cannon asked if he could address Ms. Koch’s comment. President Kennedy stated yes, as long as you address the Board. Mr. Cannon stated Northwoods has approached us already regarding selling part of the property to them, but that is not something we are interested in. We prefer to keep the property in our name as long as we possibly can. It is a beautiful piece of property and we would hate to disrupt the area.
Mr. Kraus asked if there would be a request for waivers. Mr. Cannon stated no development to the north or south has curbs or sidewalks and asked if that was something they could waive. President Kennedy stated Coyne Veterinary had to install sidewalks even though the development to the north and south did not have them. Unless there is a hardship like elevation or lack of space, we have been pretty consistent with wanting people to install them. Mr. Kraus stated as far as curbs go, Wicker Avenue is a State highway so it is not the Town’s responsibility to install them.
Director Mendoza stated there was a scrivener’s error noted in the publication, so we are asking to re-advertise for the July meeting with a correct legal notice. Essentially what we are doing is taking one large parcel, which is the Gates Park, one side being soccer fields and the other being developed in to a skate park, and separating the area in to two lots with two separate addresses in order to help future residents and visitors identify which park is where as well as assist emergency services in identifying which area an emergency is occurring.
President Kennedy asked if the floating building line was needed for all of the lots. Mr. Rettig stated we would prefer to have it for all six lots in order to keep it consistent. With these being bigger homes, the flexibility would be helpful. Mr. Gill stated he agreed with Mr. Rettig and that the floating building line is beneficial for areas with topography like this. It works out well for the overall grading at the end of the product. President Kennedy read in to record the engineer review letter from Town Engineer Kenn Kraus, see Exhibit B.
Board Action
Mr. Gill made a motion to grant a waiver to Sublime Estates allowing them to put a floating front building line of twenty-five to forty feet on the mylar for final plat, seconded by Mr. Valois and carried by voice vote with six ayes.
Ayes - Bob Birlson, Yolanda Cardona, Jon Gill, Bob Valois, Jason Vlasic, and John Kennedy.
Nays – None.
Mr. Gill made a motion to approve the final plat including Findings of Fact and all discussions had, seconded by Mr. Vlasic and carried by voice vote with six ayes.
Ayes - Bob Birlson, Yolanda Cardona, Jon Gill, Bob Valois, Jason Vlasic, and John Kennedy.
Nays – None.
Mr. Birlson made a motion to send a favorable recommendation to the Town Council to accept the letter of credit in the amount of $38,005.00, seconded by Mr. Valois and carried by voice vote with six ayes.
Ayes - Bob Birlson, Yolanda Cardona, Jon Gill, Bob Valois, Jason Vlasic, and John Kennedy.
Nays – None.
Mr. Birlson asked if there was a path on the west side along the private property. Mr. Lenehan stated we have spoken with the two homeowners and we believe it can be done. We met with one of the homeowners and explained that if we cannot install the walkway in front of their home, we would have to run it across three of their property lines and they agreed that running it along the front would be better. Mr. Birlson asked if they already received permission from both homeowners. Mr. Lenehan stated they have permission from the owner of the larger parcel, but not the southern parcel, but they believe they can get it.
President Kennedy stated it would be nice to know what the minimum lot size is because in an R2 it is 15,000 sq.ft., but you are saying they are 12,600 sq.ft. Mr. Lenehan stated that is the minimum. There are no lots that are smaller than ninety feet by one hundred and forty feet. President Kennedy stated he did not understand the numbers that were given for lots that are larger than ninety feet. Mr. Lenehan stated 16% of the total number of lots are over the minimum of ninety feet wide to one hundred feet wide. Another 25% are greater than one hundred feet wide. The rest are ninety feet wide. We have made sure to account for the larger setbacks on corner lots as well as space for three car garages on all lots, per the request of the Commission.
President Kennedy stated it would be nice to have a list of any standards that are not being met or are different than our current standards. In regards to the amount of brick or stone, it was listed before that it would be 30% of 80% of the home, which is confusing. He stated personally he felt that 25% of the entire home needed to be brick or stone and the rest LP siding, not just a four foot wall on the front. Before this goes to a public hearing, these are the items that we need to address, especially if you are asking for smaller lots. Mr. Lenehan stated they were only asking for ten feet from the lot width and depth standard. President Kennedy stated he did not want to tell people they need a three car garage, but if you are taking away ten feet of the backyard, that moves the easement, which would then affect where sheds or accessory structures can go. We need to get further “in to the weeds” on what standards will be in place verses what exceptions are being requested from our Ordinances. Mr. Lenehan stated he would confirm that the only variance is the width and depth and come up with a list of items that will be standard in lieu of the size of lots. President Kennedy stated they need to see a lighting plan as well.
Mr. Birlson stated he would like to see no wide white trim around windows as well as no blank walls without windows, unless it is a garage. A lot of Olthof homes have huge blank walls with no windows. Mr. Lenehan stated he would work on coming up with a solution for that as well as the wide white trim. That trim actually came from a meeting like this as a requirement from us. Mr. Birlson stated he knew that he brought that up the first time this was presented. Town Council Liaison Bryan Blazak asked if that could be part of the anti-monotony clause as well as the color because Waldon Clearing is all the same color. Mr. Lenehan stated they did remove some colors from the samples after realizing that they started to look similar.
President Kennedy asked how parks have been handled in other subdivisions, because currently it is listed that the HOA maintains it, but it can be turned over to the Town. Currently the Town has twenty seven parks, but only a few employees, so at what point does this become a burden to the Town. Mr. Lenehan stated all of their parks are intended to be private to the HOA. That clause is just making it possible for the Town to take the park if they want it, but the intention is for the HOA to maintain and own the park. President Kennedy asked if that would be considered for the potential boardwalk area over the wetland because that intersection is going to be busy. Mr. Lenehan stated he will put it in if everyone would like to see that added.
President Kennedy asked if lots that abut the development to the west could be larger since it faces an already developed residential area. Mr. Lenehan stated lots one and two are already one hundred feet wide. President Kennedy stated he was worried about the depth. Mr. Lenehan stated he believed they were one hundred and forty feet deep. President Kennedy asked if that could be clarified along with a signage and lighting plan for the development. Mr. Lenehan stated he was planning on following the Town’s Ordinances regarding lighting. President Kennedy stated that was good to know and just wanted to verify that would not be different than what the standards are.
President Kennedy read in to record the site plan review letter from Town Engineer Kenn Kraus, see Exhibit E. Mr. Hunt stated at the last meeting we were told if there is site plan approval, it would be contingent on the architect signing off on the construction that has been done, and we have started that process. Mr. Gill stated when we take over the inspections, we need to know that what is there already is adequate to hold the weight of the walls and such. Mr. Hunt stated we have photos as well that will show what is done. Mr. Gill stated the architect did reach out and say that we will have his approval letter by the middle of next week. President Kennedy asked if site plan approval should be contingent on that. Mr. Gill stated we just need the letter by the time we inspect something.
Board Action
Mr. Gill made a motion to approve the site plan, including Findings of Fact and all discussions had, contingent on the architect’s approval letter being submitted before the first inspection done by the Town, the sidewalks on lot two being installed before final occupancy is obtained, and the $2500 fine for beginning construction before the issuance of a permit be paid before obtaining the building permit, per Ordinance 1719. Mr. Hunt stated that is agreeable, but he wanted to make sure he was not being “double dinged” with fines from the Plan Commission and the Building and Planning Department. President Kennedy stated the $2500 fine is not from the Plan Commission, just the Building and Planning Department. The motion was seconded by Mr. Birlson and carried by voice vote with six ayes.
Ayes - Bob Birlson, Yolanda Cardona, Jon Gill, Bob Valois, Jason Vlasic, and John Kennedy.
Nays – None.
President Kennedy read in to record the engineer review letter from Town Engineer Kenn Kraus, see Exhibit F.
Board Action
Mr. Birlson made a motion to approve the final plat for The Preserve, Phase 6 including Findings of Fact and all discussions had, seconded by Mr. Gill and carried by voice vote with six ayes.
Ayes - Bob Birlson, Yolanda Cardona, Jon Gill, Bob Valois, Jason Vlasic, and John Kennedy.
Nays – None.
Mr. Birlson made a motion to send a favorable recommendation to the Town Council to accept the letter of credit in the amount of $447,918.90, seconded by Mr. Valois and carried by voice vote with six ayes.
Ayes - Bob Birlson, Yolanda Cardona, Jon Gill, Bob Valois, Jason Vlasic, and John Kennedy.
Nays – None.
Board Action
Mr. Birlson made a motion to approve Resolution 2022-06-01, seconded by Mr. Valois and carried by voice vote with six ayes.
Ayes - Bob Birlson, Yolanda Cardona, Jon Gill, Bob Valois, Jason Vlasic, and John Kennedy.
Nays – None.
Harry Adamek, 9401 Chestnut Cove, St. John, questioned the location of the foundations for the rowhomes in The Gates and stated they seem to be too close to Park Place and the roundabout, creating a traffic hazard. You cannot see cars coming from the north with the foundation placed as is. Mr. Gill stated that is the foundation of the rowhome and it was approved on the site plan that was presented. Mr. Adamek stated that is unsafe because you cannot see to the north coming in to the roundabout. Mr. Gill stated if you are heading west from 107th in to the roundabout, you would be looking south to see traffic coming through the roundabout, not north. Mr. Adamek stated it would be the same to the south. Discussion followed regarding the placement of the foundation. Mr. Gill stated the foundation is about twenty to thirty feet off of Park Place. Mr. Adamek stated it looked unsafe to him. President Kennedy thanked Mr. Adamek for his comments and for bringing it to the Commission’s attention.
| John Kennedy | Yolanda Cardona |
| Plan Commission President | Plan Commission Secretary |
Absent: John Kennedy, President; Bob Valois, and Sergio Mendoza, Building and Planning Administrator
Also present: Adam Decker, Board Attorney; Kenn Kraus, Town Engineer; Bryan Blazak, Town Council Liaison; Gena Lauridsen, Building and Planning Administrative Assistant; and Joseph Wiszowaty, Town Manager.
A quorum was attained.
Mr. Gill asked if a one inch water service that is five hundred feet long will have adequate pressure once it gets to the home. Mr. Kraus stated that should work fine. He stated his concerns are running gas, electric, telephone, and cable. Those companies may not be able to run their lines in this easement, so by the time final plat approval comes, we may have an extra easement added for their services. Mr. Gomeztagle asked where the fire hydrants were located. Mr. Kracht stated there are two fire hydrants on US41. One at the top left of lot one and one outside of lot one on the bottom left. Discussion followed regarding how fire trucks would access the home and hookup to the hydrants that are five hundred feet away from the home. Mr. Gill stated he did not think it would be an issue.
Zach Cannon, Agent, stated there are also hydrants on the Meyers side and we have discussed doing a circle drive if need be. There are two hydrants in Golden Pond, which is behind us. Vice-President Birlson stated the issue with that may be going through private property to hook up rather than accessing the hydrant from the street. He also mentioned language regarding only being allowed to build one home on the lot. Mr. Kracht stated the Zoning Ordinance restricts it to only one home. If anyone ever wanted to sub-divide the lot, they would still need to come in front of the Plan Commission for that approval. Mr. Kraus stated this will be a three step process with the rezone, preliminary plat approval and final plat approval. A discussion was held regarding the timeline of the requests.
Mr. Kraus stated another item that will need to be addressed is the maintenance of the ingress/egress easement. This way it will be covered thirty years from now when this family may not own the property. Mr. Kracht agreed and stated that would be something they could work on. It could be presented on the final plat and recorded with the final plat, or would the counsel prefer a separate recorded document. Attorney Adam Decker stated he would need to give that some consideration. If it is part of the plat that is recorded then it is of record. Vice-President Birlson stated he would like to see that finalized as well in order to have something that runs with the land, not the owners. Discussion followed regarding the process of the plat approvals and rezoning.
| Bob Birlson | Yolanda Cardona |
| Plan Commission Vice-President | Plan Commission Secretary |
Commissioners present in-person: Joe Gomeztagle, Bob Valois, Jon Gill, Yolanda Cardona, John Kennedy, President; and Bob Birlson, Vice-President.
Also present in-person: Adam Decker, Board Attorney; Kenn Kraus, Town Engineer; Bryan Blazak, Town Council Liaison; Sergio Mendoza, Building and Planning Director, Joseph Wiszowaty, Town Manager.
Absent: Jason Vlasic
A quorum was attained.
June 1, 2022 Plan Commission Regular Meeting Minutes
June 15, 2022 Plan Commission Study Session Minutes
Mr. Birlson made a motion to approve the June 1, 2022 Plan Commission Regular Meeting Minutes, seconded by Mr. Gill and carried by voice vote with six ayes.
Ayes – Joe Gomeztagle, Bob Valois, Jon Gill, Yolanda Cardona, John Kennedy, and Bob Birlson
Nays – None
Mr. Gill made a motion to approve the June 15, 2022 Plan Commission Study Session Minutes, seconded by Mr. Valois and carried by voice vote with five ayes and one abstention.
Ayes – Joe Gomeztagle, Bob Valois, Jon Gill, Yolanda Cardona, and Bob Birlson
Abstain – John Kennedy
Nays – None
President Kennedy stated Mr. Homeier has requested that consideration for the final plat of Baran Estates be moved to the first item in order to make a meeting in Cedar Lake. Mr. Gill made a motion to move item F. 2022-08 Baran Estates to the first item of business on the agenda, seconded by Mr. Valois and carried by voice vote with six ayes.
Ayes – Joe Gomeztagle, Bob Valois, Jon Gill, Yolanda Cardona, John Kennedy, and Bob Birlson
Nays – None
President Kennedy read in to record the engineer review letter from Town Engineer Kenn Kraus, see Exhibit A.
Board Action
Mr. Birlson made a motion to approve the proposed final plat of Baran Estates, including Findings of Fact and all discussions had, seconded by Mr. Valois and carried by voice vote with six ayes.
Ayes – Joe Gomeztagle, Bob Valois, Jon Gill, Yolanda Cardona, John Kennedy, and Bob Birlson
Nays – None
Opened to Public Hearing 2021-25 St. John Commons
Leonard Wilocki, 10314 Red Rock Place, asked if the two homes that are proposed at the end of Red Rock Place cleared the power lines because they looked awfully close. Mr. Rettig approached the podium and showed Mr. Wilocki the locations of the homes and explained that they are small homes that meet the requirements of placement outside of the power lines. Mr. Wilocki stated the homes will not match anything else. Mr. Rettig stated they will be of similar style to the duplexes, just smaller single family homes. Mr. Wilocki thanked Mr. Rettig for the clarification.
Closed to Public Hearing 2021-25 St. John Commons
BOARD DISUCSSION/QUESTIONS/COMMENTS
President Kennedy read in to record the engineer review letter from Town Engineer Kenn Kraus, see Exhibit B.
Board Action
Mr. Birlson made a motion to approve the proposed preliminary plat of St. John Commons, including Findings of Fact and all discussions had, seconded by Mr. Gill and carried by voice vote with six ayes.
Ayes – Joe Gomeztagle, Bob Valois, Jon Gill, Yolanda Cardona, John Kennedy, and Bob Birlson
Nays – None
President Kennedy stated the zoning is not changing. Mr. Wiszowaty stated there is no zone change, it will still be a park. President Kennedy asked if there were lights on the skate park. Mr. Wiszowaty stated lights are not part of this construction, no.
Opened to Public Hearing 2022-11 Gates Park Unit 11
No public comments were made.
Closed to Public Hearing 2022-11 Gates Park Unit 11
BOARD DISUCSSION/QUESTIONS/COMMENTS
President Kennedy read in to record the engineer review letter from Town Engineer Kenn Kraus, see Exhibit C. Sergio Mendoza, Building and Planning Director, clarified that sidewalks will be installed along Cline Avenue. The Town is only asking for a curb waiver.
Board Action
Mr. Birlson made a motion to approve the proposed preliminary plat of Gates Park Unit 11, including Findings of Fact and all discussions had, seconded by Mr. Valois and carried by voice vote with six ayes.
Ayes – Joe Gomeztagle, Bob Valois, Jon Gill, Yolanda Cardona, John Kennedy, and Bob Birlson
Nays – None
Ms. Cardona made a motion to approve the curb waiver along lot two, Cline Avenue, for Gates Park Unit 11, including Findings of Fact and all discussions had, seconded by Mr. Valois and carried by voice vote with six ayes.
Ayes – Joe Gomeztagle, Bob Valois, Jon Gill, Yolanda Cardona, John Kennedy, and Bob Birlson
Nays – None
President Kennedy read in to record the engineer review letter from Town Engineer Kenn Kraus, see Exhibit D.
Mr. Birlson made a motion to approve the proposed final plat of Gates Park Unit 11, including Findings of Fact and all discussions had, seconded by Mr. Valois and carried by voice vote with six ayes.
Ayes – Joe Gomeztagle, Bob Valois, Jon Gill, Yolanda Cardona, John Kennedy, and Bob Birlson
Nays – None
Mr. Birlson asked what was currently on that lot. Mr. Mendoza stated the soccer fields will be staying on lot one, and the new skate park will be on lot two. President Kennedy stated based on the drawings, the skate park is far enough away from the power lines. Mr. Mendoza stated that was correct.
President Kennedy read in to record the engineer review letter from Town Engineer Kenn Kraus, see Exhibit E.
Mr. Birlson made a motion to approve the site plan for lot two of Gates Park Unit 11, including Findings of Fact and all discussions had, seconded by Ms. Cardona and carried by voice vote with six ayes.
Ayes – Joe Gomeztagle, Bob Valois, Jon Gill, Yolanda Cardona, John Kennedy, and Bob Birlson
Nays – None
Board Action
Mr. Gill made a motion to send a favorable recommendation to the Town Council to accept the surety of $11,286.00 from Smythe DDS, seconded by Mr. Birlson and carried by voice vote with six ayes.
Ayes – Joe Gomeztagle, Bob Valois, Jon Gill, Yolanda Cardona, John Kennedy, and Bob Birlson
Nays – None
Board Action
Mr. Gill made a motion to send a favorable recommendation to the Town Council to accept the surety of $16,560.00 from Planet Fitness, seconded by Mr. Birlson and carried by voice vote with six ayes.
Ayes – Joe Gomeztagle, Bob Valois, Jon Gill, Yolanda Cardona, John Kennedy, and Bob Birlson
Nays – None
Mr. Lenehan stated the fourth item was the concern of blank walls. We are committing to a minimum of two windows on all sides. Most walls will have more than that, but depending on room configurations, there will be a minimum of two. Mr. Birlson asked if Mr. Lenehan knew of the size of windows that would be the minimum. Mr. Lenehan stated there may be some elevations with switchback stairwells where a pair of small square windows would be. Mr. Gill stated they are probably sixteen by sixteen inch windows. Mr. Lenehan stated he could specify that in the PUD. He went on to discuss the trim options that would be offered based on previous comments. In Walden Clearing we went with a six inch trim, trying to build value, but after hearing comments, we will decrease that to four inches and will offer white, gray, or beige trim colors. Councilman Blazak asked if each window needed to be trimmed out. Mr. Lenehan explained how the cement board siding lays and stated that you would want the windows trimmed out. The final change to the PUD is based on the comment of “what are we varying from in the Ordinance”. We feel that we are offering more than the last PUD’s, and we understand that you want the bar to be raised. In return, we are asking for a smaller lot width and ten less feet on the rear yard setback, which is also why there is slightly less square footage on the lots. If it would be okay with the Commission, we would love permission to advertise for a public hearing and move forward.
Mr. Birlson stated his only hang up is the walking path along 109th at the location of the wetland. There are other areas they have placed some sort of boardwalk along wetlands to continue walking paths. Mr. Lenehan stated the Commission has been very consistent in wanting sidewalks, and we understand that, which is why we would be willing to build some sort of boardwalk. Mr. Gomeztagle asked how much space would be between the homes. Mr. Lenehan stated the minimum side yard setback is eight feet on each lot, which would be sixteen feet. On a ninety foot wide lot, that would leave seventy-four feet. We do not have any home that is seventy-four feet wide. Mr. Gill stated the typical site plans have twenty-four to thirty-four feet on each house, which would be fifty to seventy feet foundation to foundation when it is all built. Mr. Lenehan stated there are some that get up in to the seventy foot range, but that would still leave twenty feet even if those same styles were next to each other. Mr. Blazak asked who makes the decision on the placement of the homes. Mr. Lenehan stated we do with our house line surveyor. Typically the homes are centered with some adjustments for manholes, fire hydrants, and b-boxes. Mr. Gomeztagle stated he was asking the question of distance between homes for fire safety reasons. Mr. Lenehan stated he understood and that they would far exceed the minimum distance between homes.
Mr. Wiszowaty asked who would maintain the detention pond once all of the houses are sold. Mr. Lenehan stated the HOA would maintain all trails, landscaping, treatment of the water, and all fountains that are installed. There are public storm sewers that drain in to that pond, so the Town has the authority to do work in it. Mr. Wiszowaty stated he was thinking more long term. Mr. Lenehan stated that would be the responsibility of the HOA. Mr. Wiszowaty asked Attorney Decker if any sort of language could be included that would allow assessments to be made on the homeowners if the HOA were to dissolve in order to continue the maintenance of those items. Mr. Lenehan stated they could put language in the covenants, but the question is if it would be enforceable and we do not want to deceive people. The developer will be obligated to complete the pond, and then we will submit a “Notice of Termination”. That would then require an inspection by the MS4 Coordinator for the Town as well as confirmation. Once it is done, there is no post notice of termination required. Mr. Valois stated not by you or the HOA, no. Mr. Kraus stated that is now, but in five years, who knows what will be required. Mr. Gomeztagle stated he would like to get ahead of it and prepare for the future. Mr. Lenehan stated there is no way to predict what regulations will be put in place in the future, but there is not one today and the HOA would definitely be obligated to maintain. President Kennedy stated sometimes HOA’s dissolve. We want to be in a position where if we have to take over these detention ponds and parks, the entire Town is not having to pay for one area. Mr. Lenehan stated he would get with his attorney regarding potential language.
Mr. Valois asked if there would be sprinkler systems along berms and entrances. Mr. Lenehan stated yes. We normally do frontage along the major roads. Mr. Valois stated he believes that the watering of berms is not necessary, especially when we are trying to plan for the future of our water supply. Discussion followed regarding other alternatives and water sources for irrigation.
President Kennedy stated a lot of times multiple different elevations are shown, but only a few are built. We need to get a better definition of the anti-monotony clause so that we avoid having only a few different homes within the subdivision. We understand that cost is always a concern to a homebuyer, but we need to raise the bar in these PUD’s. He stated he knew Mr. Lenehan wanted to get to a public hearing, but this needs a little more discussion. Mr. Gill stated he was around with Walden Clearing and was excited about the different elevations and styles that were presented, but when you look at Walden Clearing, only a few of those elevations exist in the subdivision. One elevation difference is the gable roof versus the hip roof. It gives a different look to similar homes, but people tend to choose countertops and backsplashes over the elevation. He stated he was not sure how that could be controlled, but it would be nice if it could be added. President Kennedy stated maybe we could do a certain percentage of each elevation. Mr. Lenehan stated they could do that. Overall, we will remove the language regarding the boardwalk on 109th, figure out a way to keep the future maintenance of the land with the homeowners, address the irrigation comments, and incorporate a way to get true variety within the subdivision. All of these items will be addressed in the PUD Ordinance.
Mr. Wiszowaty asked if sprinkler systems would be required in the front lawn. Mr. Lenehan stated yes, they would be. Mr. Wiszowaty stated they need to look in to having those on separate meters. Mr. Valois stated he believed they had to be. Mr. Wiszowaty stated he would also like to see what types of improvements would be addressed along White Oak Avenue. He asked if anything would be done with the corner property. Mr. Lenehan stated it would be sold as is. Mr. Wiszowaty stated we are going to be putting a plan together for that intersection and would like to discuss what that could look like at some point with you, which would also lead in to discussions regarding the Road Impact Fees. Mr. Birlson stated he would also like to not see any changes to the proposed pathways throughout the subdivision, just the addition of the boardwalk over the wetlands on 109th. Mr. Lenehan stated he would need to look in to that.
| John Kennedy | Yolanda Cardona |
| Plan Commission President | Plan Commission Secretary |
Commissioners present via electronic meeting: Yolanda Cardona, Secretary
Also present: Adam Decker, Board Attorney; Kenn Kraus, Town Engineer; Bryan Blazak, Town Council Liaison; Sergio Mendoza, Building and Planning Director; and Joseph Wiszowaty, Town Manager.
A quorum was attained.
Mr. Kraus stated he has looked at this project a few times and is in the middle of going through the checklist item by item. Currently there are no curbs on Parrish, so that may be something they want a waiver for. Right now everything is looking really good, it is just a matter of cleaning some things up on the plans. He stated he is almost ready to write a recommendation letter contingent on about a dozen items being addressed.
Mr. Gill stated he believed 102nd Street and 102nd Place needed to be flipped because historically in Town, a Place is always south of a Street or Avenue. Mr. Kraus stated there was also an issue with the Police Chief wanting Garden Place to be Garden Way. Aaron Bruder, Cage Engineering, stated he recalled that conversation and will change it in the final submittal. Mr. Kraus stated in discussion with Mr. Valois, we would like to have PVC C-900 due to the acidic soil in St. John. Mr. Valois stated on lot 67, if the driveway could be flipped to the other side of the home, you will not have a water service through the middle of the cul-de-sac. We would prefer you come off of the water main between lot 67 and lot 28. Also, a valve on that line between lot 28 and lot 67 would be helpful in order to not shut off a lot of homes if there is an issue. Mr. Kraus stated that had been covered and changed.
Mr. Kennedy asked if the sidewalk on Parrish will cross the island. Mr. Kraus stated that has also been discussed and it will go through the island. Mr. Kennedy asked about the width of the sidewalk. Mr. Kraus stated it will be eight feet wide. Mr. Kennedy asked if the park would be maintained by the HOA. Mr. Herbers stated that was correct. Mr. Kennedy stated we have been in discussions with another potential PUD and have requested that some sort of language be recorded that there be a special assessment made on these properties if the HOA dissolves one day and the maintenance of the parks falls on the Town.
Mr. Kraus asked if water and sewer services are needed. Mr. Rettig stated this will be an unmanned site with no office. Sanitary and water are along Hart Street, but we will not need them. Mr. Kraus asked if a sidewalk would be placed along Joliet. Mr. Rettig stated yes, one would be.
Mr. Kennedy asked if the parcel across the street was Residential. Mr. Mendoza stated it is undeveloped land at this time, but it is zoned Residential. Mr. Kennedy asked if a ten foot buffer would be needed along the eastern border. Mr. Mendoza stated this site plan does not include other components like parking, lighting, landscaping, signage, bulk regulations and elevations of the structures. There is more that should be added to this. Mr. Rettig stated to clarify, you do need a buffer along Hart Street.
Mr. Kennedy asked if the units will be month-to-month rentals. Mr. Drenth stated they would be month-to-month. Mr. Kennedy asked the size of the small buildings. Mr. Rettig stated they are the same size as the other units, just half the building with access to units on one side instead of both sides. Mr. Gill asked the height of the buildings. Mr. Drenth stated they are eleven feet to the gutter, to the gable about thirteen to fourteen feet. Mr. Kennedy asked if they were cinder block buildings. Mr. Drenth stated no, Morton buildings. Mr. Kennedy asked if they would be heated and cooled. Mr. Drenth stated no.
Mr. Valois stated he spoke with the Fire Chief and thirty feet wide for the areal is the minimum, twenty-five feet for an engine. He stated he was proposing putting a south entrance in for fire protection, or install keyholes around the corners so the trucks could swing out and make the turns easily. Mr. Kennedy asked if a southern access was possible. Mr. Rettig stated we would rather not with the floodway and since it is unmanned, we do not necessarily want two gates. The keyholes would be an easier option for us. We are still working on the engineering and would like to request a public hearing for the September meeting.
Mr. Gill stated parking would need to be addressed since it is required per Ordinance, but they are not planning on having parking. Mr. Rettig stated we may need a variance then. Ms. Cardona asked if there was sufficient space between the buildings for parking for clients. Mr. Rettig stated yes, there is room to have a car parked in front of their unit and another to get around. Mr. Drenth stated we maybe have five cars maximum during the day with a little more traffic on weekends. Mr. Kennedy asked if this was the average space between buildings in Schererville. Mr. Rettig stated this is almost identical to the Schererville location. Mr. Vlasic asked if there would be outdoor storage. Mr. Rettig stated it is all indoor storage. Mr. Drenth stated we are not proposing exterior storage here, but we do get a few people who have antique cars that store them inside. Mr. Kennedy asked if there were small units at the ends of the buildings. Mr. Drenth stated there are no doors at the end of the units. Mr. Kennedy asked what the largest vehicle is that comes in. Mr. Drenth stated we will see box trucks, but maybe only a few a month. Ms. Cardona stated she would be interested to hear the Fire Chief’s review on the site plan. Mr. Gomeztagle asked if there would be security cameras installed and if so, who would be in charge of them. Mr. Drenth stated there will be cameras that the girls at the Schererville office will have access to if there is an issue, but we have not had any issues in the past nine years that we have been in Schererville. Mr. Valois asked if emergency personnel would have codes. Mr. Drenth stated they can chirp the siren and it will open the gate. Mr. Rettig stated the east/west roadways are wider than the north/south ones, so more than likely they will use those east/west roadways to access a fire if needed, but we can still do the keyholes on the corners.
Mr. Kennedy asked if something in writing was needed for the driveway. Mr. Kraus stated there needs to be something recorded regarding maintenance of the driveway to lot 2. Mr. Kennedy stated we need that documentation before we will take action. Mr. Mendoza stated you will need a maintenance agreement created and reviewed by the Attorney to be recorded with the plat.
Mr. Cannon asked if the preliminary plat and rezone could happen at the same meeting. Mr. Mendoza stated the publication deadline for the August 3rd meeting is tomorrow, so you will not make that for the rezone. We still need an application on file for the rezone before a public hearing can be held. Mr. Kraus stated keep in mind the Plan Commission only makes recommendations to the Town Council in regards to rezoning. The Town Council will have the final say.
| John Kennedy | Yolanda Cardona |
| Plan Commission President | Plan Commission Secretary |
Commissioners present in-person: Jon Gill, Joe Gomeztagle, Bob Valois, Jason Vlasic, and John Kennedy, President.
Also present in-person: Adam Decker, Board Attorney; Kenn Kraus, Town Engineer; Bryan Blazak, Town Council Liaison; Sergio Mendoza, Building and Planning Director, Joseph Wiszowaty, Town Manager.
Absent: Yolanda Cardona, Secretary; and Bob Birlson, Vice-President.
A quorum was attained.
July 6, 2022 Plan Commission Regular Meeting Minutes
July 20, 2022 Plan Commission Study Session Minutes
Mr. Gill made a motion to approve the July 6, 2022 Plan Commission Regular Meeting Minutes, seconded by Mr. Valois and carried by voice vote with five ayes.
Ayes – Jon Gill, Joe Gomeztagle, Bob Valois, Jason Vlasic, and John Kennedy
Nays – None
Mr. Gill made a motion to approve the July 20, 2022 Plan Commission Study Session Minutes, seconded by Mr. Vlasic and carried by voice vote with five ayes.
Ayes – Jon Gill, Joe Gomeztagle, Bob Valois, Jason Vlasic, and John Kennedy
Nays – None
President Kennedy asked if there was any sort of explanation as to why the requirements changed, other than it is federally regulated. Mr. Petermann stated no. We have had discussions with the executive side of TC Energy and they are telling us that we have to go with what the engineer is stating on this project, which are the requirements we have included in our packet to the Commission. Aaron Bruder, Cage Civil Engineering, stated we did include Mr. Kraus and Mr. Mendoza in on our discussions and asked for feedback from the Town regarding prior developments that did adhere to Town Standards, where they were located, and how they were built. We provided that information to TC Energy and the response was more or less, that is all well and good, but these are the requirements you need to adhere to. President Kennedy asked if the waivers were only for the areas that cross over the gas lines. Mr. Petermann stated that was correct. President Kennedy stated the next set of drawings will need to show the tapering in the areas where it is required. Mr. Petermann stated we did include an exhibit that shows that, but we will edit the plans to match. We had asked if we could put a median in the street to still keep the thirty foot width since we are losing five feet in that section of the road, but they still said no. We are planning on adding reflective striping in order to have definitive lane division as well as signage showing the tapering of the street, and no parking signs on that section on either side of the street. In total, this will affect about one hundred and fifty feet of Red Oak Drive.
Mr. Kraus stated we have run in to issues like this in the past, but they have always allowed thirty foot roads back of curb to back of curb. The bigger thing is they do not allow vibratory compaction of the subbase or the aggregate base. In the other sites, we had them put in a fortified aggregate base made of six inches of stone, a tri-axle, six inches of stone, another grid, and then another three inches of stone on top of that. Sometimes it passes the proof roll and sometimes it does not, but remember, there is still going to be another three and a half inches of asphalt on top of that. Mr. Kraus stated he asked that be done in this circumstance as well it be reflected on the drawings. He also mentioned that the Commission can ask for an additional two year warranty on that portion of the road since it is not able to be compacted with a vibratory compactor. So far we have had decent luck with this. Mr. Petermann stated they have no issue adding those items and mentioned that TC Energy is pushing really hard for five foot to the subbase. Mr. Kraus stated this would add five inches to the thickness of the base. Mr. Petermann stated the revised plans they are working on would include raising the road to get that cover over the pipe. President Kennedy stated they want to minimize people covering the gas pipe. Mr. Petermann stated they want to get clearance from the gas pipe.
Mr. Gomeztagle asked for the details of the discussions between Cage Civil Engineering and TC Energy. Mr. Petermann gave a history of discussions between his engineering firm and TC Energy dating back to June explaining the back and forth that happened when planning the areas over the gas lines, and how TC Energy was not able to budge from the guidelines. Town Manager Joseph Wiszowaty asked if Vector raised any of this as an issue. Mr. Petermann stated Vector has different guidelines. Mr. Wiszowaty stated he would be led to believe that it is not federally regulated, then. Mr. Petermann stated he has it in an email from TC Energy that it is. President Kennedy stated we will review all of the new information and also announced that the public hearing for preliminary plat approval will be September 7th. He then asked Mr. Kraus if he had any additional comments. Mr. Kraus stated he had a list of things that needed to be addressed and that ninety percent of them had been. There is still the issue of the pipeline, but we also need to see the easements, storm sewer profiles, and a few other minor things. Mr. Petermann stated they will have all of the revisions within a few days. President Kennedy stated that Mr. Wiszowaty brought up a good point with the other company not requiring the same things if it is federally regulated. Mr. Petermann stated they could look in to that and mention it to TC Energy to see why there is the difference between companies. Mr. Gill suggested that it could be a difference of pipe material, or what runs through the pipes. Discussion followed.
Mr. Kraus stated he has only had the chance to review this quickly, but he will be in touch with Mr. Kracht with updates. He stated before they move on, he would like to get the address issue figured out. Building and Planning Director Sergio Mendoza stated in looking at the Subdivision Control Ordinance, it prohibits the use of letters. President Kennedy stated lot two will need to have a separate address since it will be a separate lot, but we will need to look in to the possibility of having three addresses since there are two primary structures on lot one. He asked Mr. Kraus if there were any other items that needed to be addressed. Mr. Kraus listed the few items that were left that needed to be addressed and stated he would send Mr. Kracht a specific list of items.
Town Attorney Adam Decker stated he reviewed the agreement for maintenance of the shared driveway and has a few comments. First of all, it is listed as an agreement, but we do not have two separate lots with two separate owners. If two separate owners do not exist, a person cannot make an agreement with themselves. Second, it does not address utilities providing service to lot two. Attorney Decker stated his recommendation is for the ingress/egress easement to allow utilities to provide service to lot two. The agreement needs to expand the services and provision of benefits over that easement to include utilities, and it should be included on the plat. A party that owns both lots cannot enter in to an agreement with themselves, but if it is recorded on the plat, it becomes legally binding and runs with the property. President Kennedy asked if the two lots will have the same owner. Mr. Cannon stated once this process is complete, the second lot will be in his name, not Rhonda’s. The agreement was strictly a draft that we wanted to present, and it can be changed.
Mark Cannon questioned Mr. Kraus as to where utilities would run. Mr. Kraus stated ultimately it is up to the utility company, but easements need to be provided for them. Attorney Decker stated his observation is that there may be more room to work along the north property line rather than the south. He recommended providing an easement along the north of lot one. Mr. Kraus stated a south easement was provided because utilities are already there in Martin’s Addition. Mr. Gill stated they may have to reduce that easement because it looks like the home on lot one runs close, if not in to, the easement. Mr. Kraus agreed and stated our minimum easement is twelve feet wide, but since there is already a fifteen foot easement on the other side of the property, whatever can be added to that will work for the minimum. Having another easement along the north side may be beneficial and cut costs depending on how the utility company would like to run their utilities.
Attorney Decker stated he could provide something to Mr. Kraus and Mr. Kracht regarding language that could be added to the plat to address everyone’s concerns. President Kennedy stated the three items we discussed were an additional easement along the north side, verbiage for the maintenance agreement, and the address for lot two. Mark Cannon stated he understood and wanted to reiterate that he did not see a need for a third address for the front. President Kennedy announced the public hearing for the Cannon’s Addition rezone to be September 7th and clarified to the Cannon’s that the Plan Commission only makes a recommendation to the Town Council, who then has the final say at their meeting. If Mr. Kraus gets the letter ready for next month, then we can potentially take up the primary plat as well.
Mr. Gill asked if sidewalks would be installed along the front of the lot. Mark Cannon stated he felt it was odd to have sidewalks only in front of his business and that he would like to request a waiver for when sidewalks are installed in front of Michael’s, then he would install sidewalks. President Kennedy stated that is a valid comment, but we are trying to get to the point where that question is not asked anymore because we are adamant about requiring them. Mark Cannon asked if the Commission was going to tell them where the sidewalk needs to be. President Kennedy stated the engineer should be able to lay that out based on our specifications and if there are issues with the layout that your engineer can show us, then there can be discussions. Mark Cannon asked if the Commission was going to make everyone put in sidewalks because there are none in front of the restaurant to the south of this property. President Kennedy stated there have maybe only been two or three people that we have granted waivers to for sidewalks within the past one or two years and it has been because of true hardship and not being able to meet our requirements. Mark Cannon stated he understood.
| John Kennedy | Jon Gill |
| Plan Commission President | Plan Commission Member |
Absent: John Kennedy, President; Jon Gill, Jason Vlasic, and Joseph Wiszowaty, Town Manager.
Also present: Adam Deck, Board Attorney; Kenn Kraus, Town Engineer; Bryan Blazak, Town Council Liaison; and Sergio Mendoza, Building and Planning Director.
Mr. Kraus reiterated the installation process that would need to be followed for the road and sidewalk over the pipeline since vibratory compaction would not be allowed in those areas. Mr. Kraus also reviewed certain areas where easements needed to be added or adjusted and stated that he will be in contact with Cage Engineering to discuss the last few items that need to be adjusted. Mr. Valois asked if Mr. Herbers planned on installing reflectors on the roadway where it will narrow over the pipeline, if it still needs to be narrowed. Mr. Herbers stated they were planning on installing those. Mr. Valois stated after reviewing this with the Public Works Department, we would prefer you did not install those because they only get torn up by the snow plows and eventually damage the road. Mr. Herbers stated he would make note of that and plan on removing them.
Mr. Birlson asked if turning radiuses were addressed for emergency vehicles. Mr. Rettig stated we have addressed those and have run a program called auto-turn through the site to show that these roadways are absolutely able to accommodate emergency vehicles and allow a sufficient turn radius. We will provide the drawings to back that up. We have also addressed snow plowing and have adjusted the fence to allow for friendlier access for the snow plow and more areas to push the snow.
Ms. Cardona thanked Mr. Krusemark for being so detailed in the presentation and offering the visuals to help the Commission understand the benefit of their project. Town Councilman Liaison Bryan Blazak echoed Ms. Cardona’s compliment stating he was impressed with the amount of information that was presented and the variety they are planning on having. Mr. Krusemark stated there are a few new plans that were added to this project that we are excited about. Mr. Birlson stated he noticed the language was in the PUD to add windows on all sides, but it would be nice to have the minimum size of windows in there. Mr. Krusemark agreed. Mr. Blazak asked if the covenants would be signed at each closing. Mr. Krusemark stated yes, each owner will receive a copy of the covenants.
Mr. Birlson stated our Town Manager had mentioned de-excel lanes along White Oak and the entrance in to the subdivision. Mr. Kraus stated that discussion should be had now to make sure it is taken care of. Mr. Krusemark stated we will do whatever the Town requires, but we have not gotten to the point of hard engineering. We are planning on showing that, though. Mr. Kraus stated the Commission can ask for a traffic study at that intersection. Mr. Birlson asked if plans were in place for the intersection of 109th Avenue and White Oak Avenue and what the right-of-way acquisition would be there. Mr. Kraus asked if the two properties outside of the subdivision would be included because currently north White Oak does not line up with the south portion across 109th. Mr. Krusemark stated there is an ugly jog there, but we also have a challenge of multiple utility boxes just before the intersection. We have no issues with dedicating the right-of-way that is needed, but we will have no control over the smaller property. We have spoken with that homeowner multiple times and they have been receptive to conversation, but that would be a separate right-of-way acquisition and annexation. We are happy to facilitate a discussion between the Town and that homeowner regarding the acquisition. Mr. Krusemark stated they did offer to jog the sidewalk around their property, but it would be ideal to run it right in front of the property.
Mr. Gomeztagle asked how many parcels the subdivision would have if it were R-1. Mr. Krusemark stated forty-two. Mr. Gomeztagle stated he was looking at the parcels on the west side of the subdivision, which are R-1, and there will probably be some sort of commotion there. Mr. Krusemark stated we do not believe there will be. We have made changes on lots one and two to increase the rear yard setback to offer more of a buffer, plus the lot in Summerlin that this subdivision backs up to has a very large side yard. We also adjusted the lots to create a green space at the front of the lot in Summerlin, and we believe with those adjustments there should be no issues. Mr. Gomeztagle stated it will be noticeable because the R-2 lots are so much more compact. Mr. Krusemark stated not everyone wants a larger lot, so we are doing our best to accommodate the needs we have been seeing.
Mr. Birlson asked how long it would take to do the traffic study and if they are wanting to request a public hearing on September 7th. Mr. Krusemark stated they would like to have the public hearing on September 7th, but that the traffic study would not be done by then. We have plenty of real estate to do what needs to be done on White Oak Avenue, so we are not worried about that. Attorney Decker stated the applicant has not submitted the CCR’s, which per Town Ordinance, need to be part of the submittal of the PUD. That would need to be submitted for review before the Plan Commission’s vote. Mr. Krusemark stated they would be able to have that in a few days. We will also want to make sure that the language regarding the HOA’s responsibilities will be cleared up and a part of that as well.
Mr. Cannon questioned the water and sewer lines and the install of them. Mr. Kraus stated that was what he was referring to. He believes those are part of the construction of the home, not the subdivision. Marking the lines will not need to be done until after preliminary plat approval. The lines will be installed as part of the building permit for the new home. Mr. Kraus stated the only thing that needs to be addressed are the addresses as well as the primary home on lot one has a small part that jogs out in to the easement. If that structure is destroyed, you cannot rebuild it as it lays since it is in the easement. Mr. Cannon stated just to clarify, we are good for the September 7th public hearing. Attorney Decker stated he had drafted proposed language to be included in the plat regarding future maintenance, but that has not been updated. Mr. Kraus stated that only needs to be on the final plat. Attorney Decker stated that is correct. As a reminder, the Town Council will have the final decision on the rezone. Mr. Cannon stated that Mr. Kracht is going to be adding that language on to the plat.
| Bob Birlson | Yolanda Cardona |
| Plan Commission Vice-President | Plan Commission Secretary |
Commissioner present in-person: Robert Birlson, Vice-President; Jon Gill, Joe Gomeztagle, Bob Valois, Jason Vlasic, and John Kennedy, President.
Also present in-person: Adam Decker, Board Attorney; Kenn Kraus, Town Engineer; Bryan Blazak, Town Council Liaison; Sergio Mendoza, Building and Planning Director, Joseph Wiszowaty, Town Manager.
Absent: Yolanda Cardona, Secretary.
August 3, 2022 Plan Commission Regular Meeting Minutes
August 17, 2022 Plan Commission Study Session Minutes
Mr. Gill made a motion to approve the August 3, 2022 Plan Commission Regular Meeting Minutes and the August 17, 2022 Plan Commission Study Session Minutes, seconded by Mr. Vlasic and carried by voice vote with six ayes.
Ayes – Robert Birlson, Jon Gill, Joe Gomeztagle, Bob Valois, Jason Vlasic, and John Kennedy
Nays - None
President Kennedy read in to record the engineer review letter from Town Engineer Kenn Kraus, see Exhibit A. President Kennedy asked for the sanitary sewer issue to be discussed before the public hearing. Thomas Petermann, Cage Civil Engineering, stated the ending connection of the whole subdivision goes through lots 396 and 397 in to The Gates of St. John. There is a NIPSCO transformer at the back of lot 396 as well as a storm sewer structure on the lot line. We do not believe there are any dry utilities between those two lots, but the owner of lot 397 has built up their landscaping pretty heavily at the back of the lot. We are trying to avoid the landscaping and put the sewer along the north side of that lot line, thereby possibly requesting additional easement. This would not infringe upon the setback of that lot. Option two involves moving some of the NIPSCO lines, which we have been in discussion with NIPSCO and have an idea of how we would do it if option one or option three do not work. Option three would be going directly underground and boring straight from our site in to the sewer in the right-of-way. We have three options that really work, and in all of the options getting additional easement is not required, but we wanted to make it easier in case someone had to come back in there and fix it. We are currently looking at all three options and do not have a final decision on which way we are going. Mr. Kraus stated any of those three options that were mentioned are viable and okay with the Town.
Mr. Birlson asked if there were pictures of the landscaping on lot 397. Mr. Petermann stated we did not bring any with us, but we do have pictures of the landscaping and it is very nicely done. We would hate to disturb it. Mr. Birlson asked if that area was an emergency flow route. Mr. Kraus stated it is not. Mr. Kennedy stated he would imagine that the Town would want the additional easement for servicing in the future. Mr. Kraus stated if it is put in where it is shown on the plans, they will need additional easement. If they get the four foot easement, they will then be two feet inside of the easement. Mr. Petermann stated we were also talking about hugging the line to centralize it in the easement that is already there. Mr. Kraus stated the biggest obstacle is that backyard corner. Town Manager Joe Wiszowaty asked what size line that sewer line would be. Mr. Kraus stated an eight inch line.
Opened to Public Hearing 2021-17 Astoria
No public comments were made.
Closed to Public Hearing 2021-17 Astoria
Board Action
Mr. Birlson made a motion to grant the waiver for a sidewalk width of six feet instead of eight feet over the pipeline easement along Parrish Avenue, seconded by Mr. Valois and carried by voice vote with six ayes.
Ayes – Bob Birlson, Jon Gill, Joe Gomeztagle, Bob Valois, Jason Vlasic, and John Kennedy
Nays – None
Mr. Birlson made a motion to approve the preliminary plat of Astoria, including Findings of Fact and all discussions had, contingent upon the proposed location of the sanitary sewer line being reviewed and approved by the Town Engineer, seconded by Mr. Gill and carried by voice vote with six ayes.
Ayes – Bob Birlson, John Gill, Joe Gomeztagle, Bob Valois, Jason Vlasic, and John Kennedy
Nays - None
President Kennedy stated he appreciated the effort with the anti-monotony clause, but that his concern is still the amount of masonry. Mr. Kennedy stated you are asking for an almost forty percent reduction in lot size, and only offering fifty percent of twenty-five percent of the home in masonry. This is not enough of a trade-off for the reduction in lot size. He stated he appreciated the effort, but believed the PUD was not all the way there yet.
Opened to Public Hearing 2022-06 Streamside
No public comments were made.
Closed to Public Hearing 2022-06 Streamside
Board Action
Mr. Birlson made a motion to forward a favorable recommendation to the Town Council regarding the request for an RC2-PUD Rezone for Streamside, including Findings of Fact and all discussions had. With no one seconding the open motion, the motion was removed by President Kennedy.
BOARD DISCUSSION/QUESTIONS/COMMENTS
Mr. Vlasic asked what was planned for the path along 109th Avenue. Mr. Krusemark stated he would leave that up to the engineers since they will be impacting wetlands. In addition to the cost of putting a path there, there will be some mitigation fees involved as well. Mr. Wiszowaty asked what would be done with the existing property on the northeast side of the proposed subdivision. Mr. Krusemark stated they planned to sell it. Mr. Wiszowaty asked if there would be any considerations for dedicating part of that property to assist in future reconfigurations of that intersection. Mr. Krusemark stated there are a number of things we would consider, but not being able to get a second on the motion tonight to discuss this concerns me. Olthof is a highly ethical company that is proud to be in this Town. We have answered everything we can think of answering and have gone above and beyond to increase the value of these properties and make this a beautiful site. There is a site north of us with semi-custom homes that could not be built in our subdivision due to the amount of masonry. Mr. Krusemark stated he felt bad that a second could not be made in order to even get a discussion going, let alone an approval. President Kennedy stated we are not questioning the integrity of Olthof at all. The floor is now open to where there can be discussion between us. He stated he has been upfront about wanting all brick on the front. If we were going from an R2, 15,000 square foot lots, this would have been acceptable, but we are going from an R1, 20,000 square foot lots, to a request for 12,600 square foot lots. That is a significant reduction in lot size, so to go from thirteen percent masonry to forty-six percent of the front is not enough. There are some great amenities like the irrigation, three car garage, and LP siding, but with the reduction in lot size, there needs to be more. Mr. Krusemark stated he felt that they had changed everything that they could to appease the Board and that he received guidance from Olthof to make sure that every base was covered. The alternative would be staying at R1 zoning and losing some lots, but then the homes will not have the features we have presented and the amenities will not be there, but we would rather not do that. Mr. Krusemark stated some people do not want the large 20,000 square foot lots and we feel we have the clientele that would appreciate smaller lots. Mr. Gomeztagle stated unless you can show us some data that backs that up and gives us something to sink our teeth in to, respectfully, it just becomes a selling point. Mr. Krusemark stated that information comes from talking to our sales people that deal upfront with our clients who they have seen pass on lots in certain subdivisions because they were too large. We are not saying larger lots are bad, but different people want different things. Discussion followed regarding sites in town that have smaller lots than what Streamside is proposing.
Mr. Birlson stated he has been pushing for lot width and when you get in to eighty or seventy feet wide, that is too small. The ninety to one hundred feet that you are proposing are nice sized lots, which is why the motion was made for a favorable recommendation. He stated he understood where President Kennedy was coming from, but he was in favor of the proposed PUD. Mr. Krusemark asked if there were no recommendation, would the proposal still move to the Council. President Kennedy stated that was correct. It would go before the Council with no recommendation.
Mr. Birlson asked if the traffic study had been completed. Mr. Krusemark stated it is not complete yet, but whatever it says we need to do, we will do. We fully expect there to be excel and decel lanes on White Oak. Mr. Blazak asked if a roundabout would be looked at for the corner of 109th Avenue and White Oak. Mr. Krusemark stated it will be part of the traffic study. Discussion followed regarding if a motion needed to be made for no action. Attorney Decker stated there is the option of deferring this petition to the next meeting as well.
Mr. Gill asked President Kennedy if he would be satisfied with extra brick requirements on corner lots because he understood where Olthof was coming from with not wanting to put brick on the gable end. In order to get in to the rooflines, you are looking at setting steel in the house to build off of. That is almost like a full blown custom home where you are setting an I-beam in the garage just to get brick on that four-sided triangle in order to have one hundred percent brick on the front of the home. There are other subdivisions that have language where corner lots that are visible from the street would get some extra brick. President Kennedy stated he believed it was more because of the sheer reduction of square footage of the lots. Every time someone comes in, we want to raise the bar. We are moving in the right direction, and maybe if it were a 15,000 square foot lot instead it would be fine, but we are not there yet. Mr. Gill stated a lot of the photos that were shown that cannot be built in Streamside are built next door in Summerlin Estates, which is straight R1 zoning. Mr. Gomeztagle stated there has to be give and take, but we want to keep the bar high and increase the value. If you are stating this is as far as we can go, then what are we to do? Mr. Krusemark stated likewise. We have made these adjustments over the last year, and right now we are offering three to four million dollars more than what would normally be offered. Mr. Gomeztagle stated if you increase the brick then you are increasing the value of the home. Mr. Krusemark stated the cost is also increasing. We are already making the homes thirty to seventy thousand dollars more expensive. Discussion followed.
Mr. Blazak asked if there was a plan created for 15,000 square foot lots. Mr. Krusemark stated we had created one for R1, but not R2. Mr. Birlson stated this area would have an issue with the depths of the lots. They would have to be wider to get to the 15,000 square feet. Mr. Gill asked again how the feeling would be if brick were to be carried around on the corner lots. Mr. Krusemark stated at this point if we do not have a favorable motion, we would prefer a deferral in order to try and figure this out. Mr. Birlson stated from when this first came in until now, changes have definitely been made in the right direction. Mr. Gomeztagle stated Mr. Krusemark is requesting a deferral which means we can still be open to discussion. Mr. Krusemark stated he would need to go back to Olthof because they are pretty close to calling it quits. President Kennedy stated you have every option to go R1, which we understand. Mr. Gomeztagle stated we are not trying to be untrusting in developers. We want to continue the discussion until we get it right. Mr. Krusemark stated he would rather have the twelve extra lots with the extra amenities and higher values, but if we are at a stalemate, we would request a deferral for now.
Board Action
Mr. Valois made a motion to defer PC 2022-06 to next month’s meeting, seconded by Mr. Gill and carried by voice vote with five ayes and one nay.
Ayes – John Gill, Joe Gomeztagle, Bob Valois, Jason Vlasic, and John Kennedy
Nays – Bob Birlson
Opened to Public Hearing 2022-09 Cannon’s Addition
No public comments were made.
Closed to Public Hearing 2022-09 Cannon’s Addition
Board Action
Mr. Birlson made a motion to forward a favorable recommendation to the Town Council regarding the request for an R1 Rezone for Cannon’s Addition, including Findings of Fact and all discussions had, seconded by Mr. Valois and carried by voice vote with six ayes.
Ayes – Bob Birlson, John Gill, Joe Gomeztagle, Bob Valois, Jason Vlasic, and John Kennedy
Nays – None
Board Action
Mr. Gill made a motion to approve the waiver of frontage for lot two, seconded by Mr. Valois and carried by voice vote with six ayes.
Ayes – Bob Birlson, John Gill, Joe Gomeztagle, Bob Valois, Jason Vlasic, and John Kennedy
Nays – None
Mr. Vlasic made a motion to approve the waiver of curbs along lot two, seconded by Mr. Birlson and carried by voice vote with six ayes.
Ayes – Bob Birlson, John Gill, Joe Gomeztagle, Bob Valois, Jason Vlasic, and John Kennedy
Nays – None
Mr. Birlson made a motion to approve the waiver of sidewalks along lot two, seconded by Mr. Valois and carried by voice vote with six ayes.
Ayes – Bob Birlson, John Gill, Joe Gomeztagle, Bob Valois, Jason Vlasic, and John Kennedy
Nays – None
President Kennedy asked if there were any hardships that exist for the Commission to consider the waiver of sidewalks along lot one. Zach Cannon stated there is a ditch on our side and the sidewalk would run right in to the sign for Michel’s Bar. On the north side it would run in to the woods on Northwood’s parcel. Mark Cannon, 8167 Wicker Avenue, stated there are no sidewalks anywhere along that US highway. Mr. Valois stated there is a rather wide ditch there and the interconnect for the water main is in front of the building.
Mr. Valois made a motion to approve the waiver of sidewalks along lot one, seconded by Mr. Vlasic. Mr. Birlson stated we could have pulled the lot line east on lot one to get a larger space for the sidewalk. Mr. Mendoza stated you can request additional right-of-way. Mr. Kraus asked who that would be dedicated to. It would have to run to the highway and not the Town. As far as a sidewalk easement goes, nothing else but a sidewalk would be allowed there. Mr. Valois stated if it is dedicated to the Town, we would be responsible for it. Mr. Wiszowaty stated it would also need to be an eight foot wide sidewalk. Mr. Birlson stated we push for sidewalks because one day sidewalks will be needed there. Mark Cannon stated it is highly unlikely with where it is. Mr. Wiszowaty stated connectivity along US41 may not be important now, but it will be soon. The motion failed by roll call vote two to four.
Ayes – Bob Valois and Jason Vlasic
Nays – Bob Birlson, Jon Gill, Joe Gomeztagle, and John Kennedy
Mr. Gill made a motion to deny the sidewalk waiver for lot one, seconded by Mr. Birlson and carried by roll call vote four to two.
Ayes – Bob Birlson, Jon Gill, Joe Gomeztagle, and John Kennedy
Nays – Bob Valois and Jason Vlasic
President Kennedy asked if a contingency needed to be made regarding the extra right-of-way. Mr. Kraus stated if you are requesting they put a sidewalk east of the line, it would have to be contingent upon additional right-of-way wide enough to include that sidewalk in it.
Mr. Birlson made a motion to approve the preliminary plat for Cannon’s Addition, including Findings of Fact and all discussions had, contingent upon moving the west property line sufficient enough to install an eight foot wide sidewalk, seconded by Mr. Vlasic and carried by voice vote with six ayes.
Mr. Wiszowaty asked who planned the original road as a roundabout. Mr. Rettig stated we were involved in that planning. DVG was hired to write legal descriptions for the acquisition of those properties. There are two properties that were acquired by the Town that have never been part of the subdivision. The right-of-way for the roundabout was acquired by the Town about two to three years ago, but the road was not built that way. The Town still owns that property, but it is not part of Shops 96. Mr. Wiszowaty asked what the proposed use for that property was now that the road has not been built that way. Mr. Rettig stated that is a separate matter since it is not part of the subdivision. It is up to the Town what they want to do with it. They could give some of it back to the original owners, or keep it for future use.
Mr. Wiszowaty stated there is a forty foot access easement that interconnects with 96th Place. Mr. Rettig stated that was put there so that future access to 96th Place could be done through lot two to the property to the north. Mr. Wiszowaty asked who would control and maintain that easement. Mr. Rettig stated the owner of lot two would maintain it. They cannot build over it or deny traffic to go through there. The lot is designed as a parking lot, but the easement will be available for ingress/egress to the north lot. Mr. Wiszowaty asked if there was a maintenance agreement. Bruce Boyer, Shops 96 Developer, stated the easement was a request from the Plan Commission at the time to provide access to the north if it is ever desired for anyone. We have provided an easement on our property that anyone can use and it is recorded as part of the PUD. Mr. Wiszowaty asked who was responsible for maintaining it. Mr. Boyer stated the owner of lot two. Mr. Wiszowaty asked if there was something to document that. Mr. Boyer stated we should not need it because it is recorded as part of the subdivision plat as an easement. Mr. Wiszowaty stated with respect to the north/south access road, the Town is not supposed to maintain the road, but it is set up as a roadway. Mr. Boyer stated it is nothing but a path through our lot that will be paved and maintained by the owner of lot two. We have designed our parking lot to leave that as an open access area. After some discussion it was determined that Mr. Wiszowaty was referring to the roadway between outlots one and two and lot three, not the easement along lot two.
Mr. Rettig stated that is an existing easement that is owned and maintained by the owner of lot three, which is the Franciscan Alliance Group. Mr. Wiszowaty stated that access extends south of this subdivision as well to Earl Drive. Mr. Rettig stated he did not believe that Earl Drive was a platted roadway. Mr. Wiszowaty stated it is not, it is an easement just like this one that is not dedicated to anything. The issue is going to be who maintains that roadway. Mr. Rettig stated it will be the owner of lot three. Mr. Boyer stated that was the desire of the Plan Commission at the time this subdivision was platted. We tried to dedicate that as a roadway to the Town. Mr. Wiszowaty stated if it is a private roadway it needs to be indicated as such, not just an ingress/egress easement. Mr. Boyer stated legally, that is what it is, an ingress/egress easement. Mr. Wiszowaty asked if there was a maintenance agreement. Mr. Boyer stated the owner of lot three has to maintain it. Mr. Wiszowaty asked if that were in writing as to how they needed to maintain it. Mr. Boyer stated there is nothing specific for how to maintain it. Mr. Wiszowaty asked if this were similar to the Cannon property where the Commission is making them record a maintenance agreement. Mr. Birlson stated maybe this should be similar where we have something in writing so that whoever owns that property knows they have to maintain it. Mr. Wiszowaty stated he is afraid that in ten years people will forget about it and it will fall in to disrepair and the Town has no way to hold someone accountable.
Attorney Decker stated this is a different animal entirely than what we dealt with at Cannon’s Addition. That was an agreement between the two lot owners for access to lot two. In that plat there will be language that provides shared maintenance responsibilities to lot two over and across lot one in order to access lot two. That language provided that the owner of lot two would bear two thirds of the expense of maintaining that access road over and across lot one, and the owner of lot one would bear one third of the expense. He stated he did not know how this would be tackled and did not know if it would be a contingency. This would need to be much more thoroughly vetted if the Plan Commission is going to require it for purposes of this replat. Mr. Boyer stated that is putting a big burden on us after the fact. We would need to go back to Franciscan who bought the property the way it was platted and with certain contingencies. We are here trying to fix an issue where the Town built a road on property they do not own. We built the north/south easement as an access easement for the outlots along US41.
Mr. Kraus stated his understanding has always been that if there is an easement on private property that allows public vehicles to go on it, whoever owns that parcel is the one who has to maintain that easement. If the Franciscan’s own it and there is a pothole, they have to fix it. Mr. Wiszowaty stated we are having the same issue further south where the owner does not want to fix the property. Mr. Boyer stated the ultimate remedy would be for the Town to fix it and lien the property. For what it is worth, the majority of that road is concrete, not asphalt.
President Kennedy read in to record the engineer review letter from Town Engineer Kenn Kraus, see Exhibit D.
Opened to Public Hearing 2022-13 Shops 96
No public comments were made.
Closed to Public Hearing 2022-13 Shops 96
BOARD DISCUSSION/QUESTIONS/COMMENTS
President Kennedy asked if this item should take some more consideration after the discussions that were had today. Attorney Decker stated he did not have an answer. If the Commission would like to defer this to consider it further, you have that opportunity. As far as Cannon’s Addition, that is completely different than what would be contemplated for this property. This would be something that would require the participation of each owner to negotiate the terms of the agreement, which could take months. In hindsight maybe this should have been dedicated as a public right-of-way from the beginning. It is up to the Commission as to how you would like to proceed, but there is no simple solution to address the future maintenance. President Kennedy stated he just wanted to make sure that they are covering all bases. Mr. Kraus stated Mr. Boyer stated the maintenance of that easement is in the covenants and restrictions. Mr. Wiszowaty stated he would like to see that.
Board Action
Mr. Gomeztagle made a motion to defer PC 2022-13 to the next meeting. Mr. Boyer stated he would like to stress that we are trying to clean up a problem for the Town. You have a road that is in use right now on land you do not own, which should be a bigger problem than this easement. Mr. Wiszowaty stated he agreed with Mr. Boyer and asked if there was any work or testing done beforehand to know where this road needed to be built. Mr. Boyer stated it was the desire of the Town to save some money on the project and move the road, which became a big mess. They proceeded without doing this step first. Mr. Wiszowaty asked when the road was put in. Mr. Boyer stated it has been open for about a year. Mr. Wiszowaty stated he did not know what work was done to find out that they needed to go in an area that was not planned. Mr. Birlson stated he was on the Commission when this happened and said over and over again that soil bearings needed to be done, but everyone else disagreed. Mr. Vlasic seconded the motion which carried by voice vote with six ayes.
Ayes – Robert Birlson, Jon Gill, Joe Gomeztagle, Bob Valois, Jason Vlasic, and John Kennedy
Nays - None
| John Kennedy | Bob Birlson |
| Plan Commission President | Plan Commission, Vice-President |
Also present in-person: Adam Decker, Board Attorney; Tom Nagle, Town Engineer; Bryan Blazak, Town Council Liaison; and Sergio Mendoza, Building and Planning Director.
A quorum was attained.
President of the Planning Workshop, Inc., K.K. Gerhart-Fritz, addressed the present Boards and Commissions and began her training session entitled “Planning Official Training”. See Exhibit A.
During the presentation, the following discussions and questions were had with various Board and Commission members:
During the discussion of slide number 23 (see Exhibit A), John Kennedy, BZA member and Plan Commission President, stated a lot of times developers will come in asking for special exceptions on subdivisions or developments because they have bought a piece of property that has a wetland or pipeline easement through it. A lot of people say, they should have known that before they bought the property. Would that qualify as something peculiar about the property? Mrs. Gerhart-Fritz stated when making these decisions, there are pressures that we all face, and one of them is the pressure from the developer to make a decision that makes them a profit. They want to make money on what they are doing and buy the cheapest land they can to do that development. Those items may make that property peculiar, but you are under no automatic obligation to grant a variance because they bought a cheap, hard to develop piece of property. They may have to look at different uses on that property, and it may not be the number one use that works on that property. They want to make a profit and will often ask for variances to bring their costs down. The Town has to look at the overall good for the Town and what will be best as a whole. If they are asking for multiple variances and a rezoning and a subdivision, we may want to step back for a minute and look at the bigger picture. Many times developers show up and expect the Town to do all of the work, but it is not up to you to make their case for them. This criteria should be a part of their application packet, and they should be able to answer each of these and give their reasoning if they cannot meet them.
During the discussion of slide number 39 (see Exhibit A), Mark Lareau, BZA Chairman, asked if you happen to know the builder or developer from somewhere outside of the Town, like church, would it be a conflict of interest since you know them personally. Mrs. Gerhart-Fritz stated no, that would not be considered a conflict of interest just because you know them personally. It only becomes such if that person is making some sort of donation to you, or if it is your best friend’s business and you have decided that you are going to support it and vote for it no matter what because it is your best friend.
Mr. Gomeztagle, Plan Commission member, asked if this presentation could be provided to the developers. Mrs. Gerhart-Fritz stated this is particularly geared to members, but it would be a great idea to share with them the criteria that the Town is looking at and basing their decisions on. Sharing this presentation with them would be a question for staff.
At the end of the meeting, John DeYoung, Economic Development Committee member, asked if city zones could be discussed and how that could help the Town. The mayor of Carmel has set one up, and the developers have funded a lot of these projects. Mrs. Gerhart-Fritz asked if he was referring to TIF Districts. Mr. DeYoung stated it is like a TIF District, but the Town controls the developer. Mrs. Gerhart-Fritz stated that is not her area of expertise and that she could not really speak on it, but as someone who lives next to Carmel and has family there, you may want to look at their Bond rating because it is not so good. Mr. Mendoza gave a briefing on what the city zones were and how they work through Redevelopment Funds. He stated when we had lunch with the officials there, they told us that we cannot be afraid of getting in to debt because a lot of debt was incurred with these projects that Mr. DeYoung is referring to. Mr. DeYoung stated the benefits out of the city zones were things like parking garages and parks. He asked if St. John would be able to do something similar on a smaller scale to assist in economic development. Mrs. Gerhart-Fritz stated you may have opportunities with PUD’s to do something like that.
| John Kennedy | Yolanda Cardona |
| Plan Commission, President | Plan Commission, Secretary |
Absent: Joe Gomeztagle
Also present in-person: Adam Decker, Board Attorney; Tom Nagle, Town Engineer; Bryan Blazak, Town Council Liaison; and Sergio Mendoza, Building and Planning Director.
A quorum was attained.
President Kennedy let the Commission know the details of the two variances that were sought on Monday and the discussions that were held regarding adding landscaping at the northwest corner and possibly the east side, even though their landscape plan currently met the Subdivision Control Ordinance. He asked Mr. Rettig to highlight what has been added from the original plan. Mr. Rettig stated all that has been added is the northwest corner, which is why we need clarification as to if we need to add additional landscaping anywhere else. Mr. Birlson stated he had suggested landscaping on the south side and north side, but it was said that there is so much vegetation on the south side that you will not be able to see the units. He stated he does believe that to be true if you are looking straight from Joliet Street, but the further north you go on Hart Street you will be able to see it. Mr. Birlson stated he still believes there needs to be more on the north and south side, somewhere south of the detention pond. Mr. Rettig stated south of the detention pond will not be touched. Mr. Birlson stated he understood that, but if you are approaching the buildings from the south, you will start seeing them. Mr. Rettig stated we could buffer along the entrance drive. Mr. Birlson stated that would work. President Kennedy agreed as well.
Ms. Cardona stated there is a lot of vegetation, but Mr. Birlson has a point in having purposeful vegetation. Mr. Rettig stated we will be enhancing the area along Joliet Street when we install the sidewalk as well. President Kennedy asked how tall the plants will grow on the east side. Mr. Rettig stated he was not familiar enough with the types of plants to know that. He asked if they could still proceed with the public hearing in October even though the one variance was deferred from the BZA. Mr. Mendoza stated a contingent approval could be given. Attorney Decker agreed. Mr. Rettig stated we would prefer that. We will make some minor tweaks to the landscape plan and be back October 5th. Ms. Cardona asked if the site would be manned at all and need the parking spaces that were waived. Mr. Rettig stated no. The site will have no office employees, therefore it will not need any parking spaces.
Mr. Gill asked if they would be open to tapping in to the water main that is on the west side of Hart and putting a hydrant between the gate and building A. Mr. Rettig stated there are hydrants on the property. Mr. Gill stated his concern was with the fence. Typically when a fire truck pulls up, one person wraps the hydrant with the hose, and the other person drives the truck to the building that is on fire. If the hydrant is on Hart Street, you will have to drag the hose around or over the fence, possibly damaging it. Discussion followed where a potential hydrant could be located inside of the fenced area. Mr. Rettig stated they could work on placing a hydrant within the fenced area.
Town Engineer Tom Nagle asked how they were going to address filling the floodplain. Mr. Rettig stated we are allowed to fill in the floodplain. There is no comp storage required in St. John. All of the buildings will be over two feet above the base flood elevation. Ken Drenth, K&C Holdings, LLC, stated in regards to the landscaping on the south, we are not going to clear anything. Anything that is planted there would not be seen. Mr. Birlson stated if you look at the southeast corner of those buildings, that area will be disturbed. Mr. Rettig stated he understood what was being requested and would get with the landscape architect.
Mr. Valois asked if the water and sanitary tap were complete on both lots. Mr. Kil stated we would have to install a second tap for the second lot.
| John Kennedy | Yolanda Cardona |
| Plan Commission President | Plan Commission Secretary |
Commissioners present in-person: Robert Birlson, Vice-President; John Gill, Yolanda Cardona, Secretary; Joe Gomeztagle, Bob Valois, Jason Vlasic, and John Kennedy, President.
Also present in-person: Adam Decker, Board Attorney; Tom Nagle, Town Engineer; Bryan Blazak, Town Council Liaison; Sergio Mendoza, Building and Planning Director, and Joseph Wiszowaty, Town Manager.
A quorum was attained.
September 7, 2022 Plan Commission Regular Meeting Minutes
September 21, 2022 Plan Commission Study Session Minutes
September 21, 2022 Plan Commission Special Meeting Minutes
Mr. Gill made a motion to approve the September 7, 2022 Plan Commission Regular Meeting Minutes, September 21, 2022 Plan Commission Study Session Minutes, and September 21, 2022 Plan Commission Special Meeting Minutes, seconded by Mr. Vlasic and carried by voice vote with seven ayes. Mr. Gomeztagle stated he would like to thank K.K. Fritz, who led the development workshop on September 21st, and stated that it was very informative.
Ayes – Robert Birlson, Jon Gill, Joe Gomeztagle, Bob Valois, Jason Vlasic, and John Kennedy
Nays – None
Board Action
Mrs. Cardona made a motion to move item “E. Cannon’s Addition” to first on the agenda, seconded by Mr. Valois and carried by voice vote with seven ayes.
Ayes – Robert Birlson, Jon Gill, Joe Gomeztagle, Bob Valois, Jason Vlasic, and John Kennedy
Nays – None
Glenn Kracht, Glenn Kracht Associates, stated the final plat has been prepared and meets all of the engineering requirements and items that needed to be changed.
President Kennedy read in to record the engineer review letter from Town Engineer Kenn Kraus, see Exhibit A. Mrs. Cardona stated she would like to see the maintenance agreement, but if Attorney Decker reviewed it, she trusts that it is good. Mr. Kracht stated the language is on the face of the plat. President Kennedy stated he believed Attorney Decker prepared the language for the agreement. Attorney Adam Decker stated he did prepare the language for the maintenance agreement to be placed on the plat. Mrs. Cardona stated it is very small, but she did see it on the plat.
Board Action
Mr. Birlson made a motion to approve the final plat, including Findings of Fact and all discussions had, seconded by Mr. Gill. Mr. Gill stated he was not sure if the mylars were made or not, but he did not believe that the box for the proposed home should be shown on there. Mr. Kracht stated that is customary in different communities so you can know the elevation that it should be put in. The mylar is here tonight. Mr. Gill stated you will be recording this item with a proposed structure and if the structure does not end up in that exact spot, there will be a discrepancy between what is on file and recorded versus what is physically on the lot. Mr. Birlson amended his motion to include the contingency of removing the proposed structure from lot two on the mylars, seconded by Mr. Gill and carried by voice vote with seven ayes.
Ayes – Robert Birlson, Jon Gill, Joe Gomeztagle, Bob Valois, Jason Vlasic, and John Kennedy
Nays – None
President Kennedy stated since the project is not ready for a decision and the petitioner is asking for a deferral, we will hold the public hearing tonight and then keep it open for the November meeting so that the public has the chance to review the new plans once they are submitted, as well as the Commission and Town Engineer. Mr. Gomeztagle stated he received a notice regarding this item’s proposed changes this afternoon at 3:06pm. He stated that is a short notice to review changes before a meeting. President Kennedy stated those were the changes that were submitted based on our previous comments, but the petitioner is not asking us to make a decision on what we just received. Since the public hearing has been advertised, and there may be people here from the general public who would like to speak on this matter, we will open the public hearing to give them the chance to speak tonight. The public hearing will then stay open next month, which will give us the time to review new material as it comes in since the compensatory storage now needs to be addressed.
Opened to Public Hearing 2022-04 Kropp Industrial
Doug Blocker, 10591 Juniper Lane, stated he believed at the last meeting he had heard that Public Works was currently mowing this property and asked if the owner was not going to be responsible for that. He stated during heavy rains Hart Street floods and asked if this issue would be taken care of with the new development coming in. Lastly, Mr. Blocker asked if the site would be improved with public improvements such as storm sewer, curb, gutter, sidewalk, street lights, and parkway trees along the entire frontage. If they are not going to do those items, he would like to know why not.
President Kennedy read in to record a letter that Doug Blocker, 10591 Juniper Lane, had previously submitted to staff, see Exhibit B.
Closed to Public Hearing 2022-04 Kropp Industrial
BOARD DISCUSSION/QUESTIONS/COMMENTS
Mr. Rettig stated regarding Hart Street flooding, it lies in a floodway, which we are all well aware of. We are adding detention for our site to store our water before it is released from the site. We are not going to make things better since there is a long standing issue with how Hart Street was built, but we certainly will not make things worse. We did receive waivers for curb, gutter, and sidewalk along Hart Street as well as a waiver from the need to widen the road due to it being in a floodway, however we are doing a sidewalk along Joliet Street. As far as mowing the grass, we do not who is mowing it because we have not bought it yet. After it is bought, Mr. Drenth will be maintaining the property.
President Kennedy asked Mr. Rettig to give an overview of the landscape plan. Mr. Rettig stated a lot of the property will be left as is where the ditch and floodway is, but all along the frontage will be landscaped as to enhance the view from the street. Mr. Birlson asked if Mr. Rettig could also elaborate why there will be no widening of Hart Street because of the floodway. Mr. Rettig stated there is a very large floodway in this area, which we have been advised to stay out of with any new construction. Technically we are not allowed to do anything in the floodway, not even add fill, and the entire stretch of Hart Street that is in front of our site is within that floodway, which is why the waivers were requested. Town Manager Joseph Wiszowaty asked when those waivers were granted. Mr. Rettig stated a few months ago when we did the subdivision. He stated the studies show that stretch of road could be under three to four feet of water at times, but he did not know if that was accurate. In the meantime we are trying to work with what we have. Mr. Valois stated he has seen Hart Street with a few feet of water at times. Mr. Rettig stated that answers if the information that was found is accurate. President Kennedy stated we just want to make sure that your development will not add additional water issues. Mr. Rettig stated we will be compensating for that with two detention basins.
President Kennedy stated he had accidentally closed the public hearing. Attorney Decker recommended considering action to allow the hearing to be open at the next meeting.
Board Action
Mr. Gill made a motion to defer 2022-04 Kropp Industrial until the November meeting, as well as allow the public hearing to stay open through next month’s meeting, seconded by Mr. Birlson and carried by voice vote with seven ayes.
Ayes – Robert Birlson, Jon Gill, Joe Gomeztagle, Bob Valois, Jason Vlasic, and John Kennedy
Nays – None
President Kennedy read in to record the engineer review letter from Town Engineer Tom Nagle, see Exhibit C. President Kennedy asked if there was a reason that each lot could not be .36 acres. Mr. Kil stated we would have to redraw the center lot line, which would then affect the curb front footage. These homes will be between $900,000 and $1.5 million so we really did not want to make that front footage any tighter than we had to.
Open to Public Hearing 2022-14 Lot 898 The Gates of St. John Unit 7A
Donald Santefort, 8695 Silver Maple Cove, stated he is lot 899 in Sterling Gate and that his lot is .45 acres, and the lot on the other side of lot 898 is .49 acres. He stated the lot plan that he has from 2006 shows this lot as one large lot and that he never knew it was split before. Mr. Santefort stated if that were the case, he would not have chosen this lot to build on. We have a contractor here that is simply trying to make more money than what he could selling just this lot. There has been plenty of time between 2006 and 2016 to split this lot, but it is not the job of the Plan Commission or the existing homeowners to make the developer more money. He stated the split would affect the value and esthetics of his home. If this is approved, the developer will come back and state that the covenants are too tight and they cannot fit the million dollar homes on these two lots so they now need to lessen the restrictions. Any decision the Plan Commission makes needs to ensure that the developer sticks to the existing covenants. Mr. Santefort went on to express his concerns about the potential of cramming large homes on these two smaller lots.
Michael Massaro, 8750 Silver Maple Cove, stated that he related to Mr. Santefort’s concerns regarding the lot size. He also shared his plans with the Commission that show lot 898 as just one lot back in 2006. He stated every house that is currently in the cul-de-sac is a ranch and there is no way a ranch-style home will fit on the smaller lots. We were sold one plan, but the lot layouts and sizes keep changing.
Doug Blocker, 10591 Juniper Lane, stated if you subdivide this lot, you will just give the developer $100,000 more in his pocket. Mr. Blocker asked for the matter to be tabled until the developer takes over their responsibilities as the developer of The Gates subdivision. If you go through The Gates, there are sidewalks missing that should have been installed years ago, and there are streets that are already in disrepair after only a few years. He asked when the Town was going to start making the developers be responsible for public improvements instead of letting them go with no inspections. The Plan Commission holds a public hearing when public improvements are already in, which is a sham. You allow the developers to just do what they want.
President Kennedy read in to record a letter that Doug Blocker, 10591 Juniper Lane, had previously submitted to staff, see Exhibit D.
Donald Santefort, 8695 Silver Maple Cove, asked if he could speak again. President Kennedy allowed. Mr. Santefort stated he would like to see the size of the lots in the cul-de-sac before lot 898 became one lot. He stated that he suspects all of the lots were a different size to make it more proportionate than what is being proposed now.
Closed to Public Hearing 2022-14 Lot 898 The Gates of St. John Unit 7A
BOARD DISCUSSION/QUESTIONS/COMMENTS
Mr. Kil presented the original annexation agreement showing lot 898 as two separate lots. He stated if you look at the drawing and the annexation agreement that was approved, you will see a number of lots with the side yard restrictions and house size restrictions. That is what was approved. There were no lot sizes listed because that was not part of the development plan when it was approved in August of 2005. We are going back to the original approved plan per the number of lots. The lot sizes in that area are going to be dictated by the square footage requirements of the homes. Larger houses are routinely done on lots smaller than what we are proposing. We know what the covenants are, and we will adhere to them, as well as the development plan and annexation agreement. Engineering has been approved already as well. President Kennedy stated the map from 2005 looks more proportionate with the lot sizes.
Mr. Gomeztagle asked Mr. Santefort for the lot plans that were given to him when he bought his house. Both Mr. Santefort and Mr. Massaro presented the lot plans they had. Mr. Gomeztagle stated each of you bought your home based on this marketing, but Mr. Kil is saying that original plan that was sold goes out the window because they now want to split it. Mr. Kil stated we are living within all of the approved engineering and legal requirements of The Gates of St. John. We are not asking for any waivers or variances, but adhering to every legal requirement. Mr. Gomeztagle stated you are splitting a property and according to the marketing approach, people bought properties based off of material that is now changing. Mr. Kil stated the Town does not approve marketing material. Mr. Gomeztagle stated the logic that is being presented is to have the ability to sell more lots. Mr. Kil stated he could not speak to the marketing material because the Town does not consider marketing material when a subdivision is being approved. You consider the legal document that is in front of you and the Ordinances. What is in front of you right now is legally binding and meets the engineering requirements of the community.
President Kennedy asked if the lots meet the requirements set forth by the Town. Building and Planning Director Sergio Mendoza stated the current proposal meets the current standards of the Subdivision Control Ordinance within an R-2 PUD. Attorney Decker stated under Indiana law, if after tonight’s hearing the Plan Commission determines that the application and plat comply with the standards in the Subdivision Control Ordinance, the Commission shall make written findings and a decision granting primary approval to the plat. He stated he has reminded the Commission in the past that their review is limited to what is in the Subdivision Control Ordinance, and nothing beyond that. If you determine the proposed plat complies, then you shall approve the application. There is no discretion on the part of the Plan Commission if it makes the determination that it fits within the Subdivision Control Ordinance, and that is per IC 36-7-4-707a. Mr. Wiszowaty stated legally the proposal complies with the law. To the homeowner’s point, they were sold the properties based on the marketing material that was presented at the time of purchase. The fact that the developer wants to subdivide the property is a whole separate issue, with respect to the matter. Mr. Valois stated in his opinion, if we do not approve this, we could be headed towards potential legal issues. Attorney Decker stated to give a short answer, yes. Mrs. Cardona stated the law states you “shall”. We have no discretion at this point, as unpalatable as it may be. President Kennedy stated the protection for the current homeowners is that the developer will still have to meet the covenants that are in place. Mr. Kil stated we completely understand that and are going to comply with everything that is already in place.
Board Action
Mr. Valois made a motion to approve the preliminary replat of Lot 898 in The Gates of St. John, Unit 7A, including Findings of Fact and all discussions had. Mrs. Cardona seconded the motion and stated it is unpalatable, but we do not have a choice here working under the confines that we have. If this were a discretionary item, it would be going a different way. The motion carried by voice vote with six ayes and one nay.
Ayes – Robert Birlson, Jon Gill, Joe Gomeztagle, Bob Valois, and John Kennedy
Nays – Jason Vlasic
Mr. Gill made a motion approve the final replat of Lot 898 in The Gates of St. John, Unit 7A, contingent on a thirty day withhold of signatures on the mylar, including Findings of Fact and all discussions had, seconded by Mr. Valois and carried by voice vote with six ayes and one abstention.
Ayes – Robert Birlson, Jon Gill, Joe Gomeztagle, Bob Valois, and John Kennedy
Abstain – Jason Vlasic
Nays - None
Board Action
Mr. Gill made a motion to defer the final plat of Parrish Woods, seconded by Mr. Valois and carried by voice vote with seven ayes.
Ayes – Robert Birlson, Jon Gill, Joe Gomeztagle, Bob Valois, Jason Vlasic, and John Kennedy
Nays – None
Board Action
Mr. Gill made a motion to send a favorable recommendation to the Town Council to rezone the proposed subdivision of Streamside from R-1 to RC-2 PUD, including Findings of Fact and all discussions had, seconded by Mr. Valois and carried by voice vote with five ayes and two nays.
Ayes – Robert Birlson, Jon Gill, Bob Valois, and Jason Vlasic
Nays – John Kennedy and Joe Gomeztagle
Board Action
Mr. Gill made a motion to defer the amended secondary plat of Shops 96, seconded by Mr. Valois and carried by voice vote with seven ayes.
Ayes – Robert Birlson, Jon Gill, Joe Gomeztagle, Bob Valois, Jason Vlasic, and John Kennedy
Nays – None
Board Action
Mr. Gill made a motion to accept the plat of correction listing the address change to 10508 Black Opal Lane, seconded by Mr. Valois and carried by voice vote with seven ayes.
Ayes – Robert Birlson, Jon Gill, Joe Gomeztagle, Bob Valois, Jason Vlasic, and John Kennedy
Nays – None
Mr. Valois asked Mr. Blocker what improvements were being referred to because in February he was out doing inspections. Mr. Blocker stated there were two or three subdivisions. Mr. Valois asked what subdivisions. Mr. Blocker stated he did not remember, but it was on the agenda. Mr. Valois stated February was a while ago. Mr. Blocker asked if someone from Public Works inspected the manholes, curbs, and asphalt. Mr. Valois stated he was out inspecting those and there is a two year maintenance on those items as well. Mr. Blocker asked if the ones in The Gates would be done too. Mr. Valois stated we still have time to go out there and inspect to make the developer do the improvements. Mr. Blocker gave examples of other areas where curbs are cracked and asphalt is torn that should not be yet.
President Kennedy stated to Mr. Blocker that it may be better to speak with the Town staff here after the meeting to express additional concerns and their locations to see what can be done.
With no further comments or discussion, Mr. Gill made a motion to adjourn the meeting at 8:16 P.M., seconded by Mr. Valois and carried by voice vote with seven ayes.
Ayes – Robert Birlson, Jon Gill, Joe Gomeztagle, Bob Valois, Jason Vlasic, and John Kennedy
Nays – None
| Bob Birlson | Yolanda Cardona |
| Plan Commission, Vice-President | Plan Commission, Secretary |
Absent: John Kennedy, President.
Also present in-person: Adam Decker, Board Attorney; Jonathan Dykstra, Town Engineer; Bryan Blazak, Town Council Liaison; and Sergio Mendoza, Building and Planning Director.
A quorum was attained.
Mr. Birlson asked if the comp storage will affect the variance that has been requested through the BZA for screening. Building and Planning Director Sergio Mendoza stated an updated landscape plan was presented at the last meeting, but per the discussion at the BZA level, he suggested waiting for a decision by the BZA before moving forward with site plan approval. He stated he believed there was discussion regarding buffer along the northwest corner of the property and southeast corner. Mr. Rettig stated the BZA requested the buffer on the northwest side of the property. Mr. Birlson stated the BZA should then look at this in November, and the site plan be acted on in December by the Plan Commission. Mr. Mendoza agreed. He stated the next BZA meeting is November 21st. There was a meeting on the 17th and this item was on the agenda, but no one was present to discuss the changes so it was deferred to November. Once it gets past the BZA, then the changes can be presented at the December 7th Plan Commission meeting for a decision.
Mr. Birlson read Town Engineer Jonathan Dykstra’s engineer review memo in to the record. See Exhibit A. Mr. Rettig stated everything is fairly minor that needs to be addressed, but they are working with DNR to obtain a permit for the driveway encroachment in to the floodway.
Mrs. Cardona stated Mr. Kraus sent an email that states there may be some confusion in the interpretation of the utility requirements. It may be a place to start to see if the Ordinance was interpreted incorrectly or if it was just not followed. Mr. Gill stated it looks to be one foot off of the curb, but the Ordinance states the right-of-way line, which is the back of the sidewalk. Typically that is how all other subdivisions have been done. Mr. Vlasic asked how much is already installed. Mr. Valois stated a lot of the curb work is almost done. The only thing they did not do yet is the inlets. Mr. Birlson stated we may want to contact them to let them know about the discussions we have had tonight and that it will be voted on at the November 2nd meeting.
| Bob Birlson | Yolanda Cardona |
| Plan Commission Vice-President | Plan Commission Secretary |
Commissioners present in-person: Robert Birlson, Vice-President; Jon Gill, Yolanda Cardona, Secretary; Joe Gomeztagle, Bob Valois and Jason Vlasic.
Also present in-person: Adam Decker, Board Attorney; John Dykstra, Town Engineer; Bryan Blazak, Town Council Liaison; and Sergio Mendoza, Building and Planning Director.
Absent: John Kennedy, President; and Joseph Wiszowaty, Town Manager.
A quorum was attained.
October 5, 2022 Plan Commission Regular Meeting Minutes
Mr. Gill made a motion to approve the October 5, 2022 Plan Commission Regular Meeting minutes, seconded by Mr. Valois and carried by voice vote with six ayes.
Ayes – Robert Birlson, Jon Gill, Yolanda Cardona, Joe Gomeztagle, Bob Valois, and Jason Vlasic
Nays – None
October 19, 2022 Plan Commission Study Session Minutes
Mr. Gill made a motion to approve the October 19, 2022 Plan Commission Study Session minutes, seconded by Mr. Valois and carried by voice vote with six ayes.
Ayes – Robert Birlson, Jon Gill, Yolanda Cardona, Joe Gomeztagle, Bob Valois, and Jason Vlasic
Nays - None
| Robert Birlson | Jon Gill |
| Plan Commission, Vice-President | Plan Commission, Member |
Absent: Jason Vlasic
Also present in-person: Adam Decker, Board Attorney; Jonathan Dykstra, Town Engineer; Bryan Blazak, Town Council Liaison; and Sergio Mendoza, Building and Planning Director.
A quorum was attained.
| Bob Birlson | Bob Birlson |
| Plan Commission Vice-President | Plan Commission Vice-President |
Commissioners present in-person: Robert Birlson, Vice-President; Jon Gill, Joe Gomeztagle, Bob Valois, Jason Vlasic, and John Kennedy, President.
Also present in-person: Adam Decker, Board Attorney; Jon Dykstra, Town Engineer; Bryan Blazak, Town Council Liaison; Joseph Wiszowaty, Town Manager; and Sergio Mendoza, Building and Planning Director.
Absent: Yolanda Cardona, Secretary.
A quorum was attained.
November 2, 2022 Plan Commission Regular Meeting Minutes
Mr. Gill made a motion to approve the November 2, 2022 Plan Commission Regular Meeting Minutes, seconded by Mr. Vlasic and carried by voice vote with six ayes.
Ayes – Robert Birlson, Jon Gill, Joe Gomeztagle, Bob Valois, Jason Vlasic, and John Kennedy
Nays – None
November 16, 2022 Plan Commission Study Session Minutes
Mr. Gill made a motion to approve the November 16, 2022 Plan Commission Study Session Minutes, seconded by Mr. Birlson and carried by voice vote with six ayes.
Ayes – Robert Birlson, Jon Gill, Joe Gomeztagle, Bob Valois, Jason Vlasic, and John Kennedy
Nays - None
Town Manager, Joseph Wiszowaty, asked if there was something in place with that State that requires a plat to only be good for one year before an extension is needed, or if it could be done every two years. Board Attorney, Adam Decker, stated this is directed by the Town of St. John’s Subdivision Control Ordinance within section 21A-23. He stated, in his opinion, under the terms of the Subdivision Control Ordinance, the Plan Commission does not have the authority to extend it past six months. The Plan Commission could consider revising and amending the Subdivision Control Ordinance, but as written an extension past six months is not appropriate. Mr. Wiszowaty stated this may be something that the Plan Commission would want to consider revising with rising interest rates and the housing market slowing down.
Board Action
Mr. Birlson made a motion to extend primary plat approval for The Gates of St. John, Unit 21B, including Findings of Fact and all discussions had, for six months from the current expiration date, seconded by Mr. Valois and carried by voice vote with six ayes.
Ayes – Robert Birlson, Jon Gill, Joe Gomeztagle, Bob Valois, Jason Vlasic, and John Kennedy
Nays - None
Board Action
Mr. Gill made a motion to extend primary plat approval for The Gates of St. John, Units 24, 25, 27 & 28, including Findings of Fact and all discussions had, for six months from the current expiration date, seconded by Mr. Birlson and carried by voice vote with six ayes.
Ayes – Robert Birlson, Jon Gill, Joe Gomeztagle, Bob Valois, Jason Vlasic, and John Kennedy
Nays - None
President Kennedy asked if Attorney Schmaltz was aware that the primary plat for Parrish Woods was approved with contingencies in June of 2021, with final approval given removing the contingencies in August of 2021, therefor making the initial approval expired since no requests for extensions were made. Attorney Schmaltz stated he was not aware of that, but that does not mean that he should not have been aware of it. He apologized for the oversight and asked for an appropriate extension for primary plat. President Kennedy stated he appreciated the request, but did not know if the Commission could make a motion on a secondary plat based on a primary plat being expired per our Subdivision Control Ordinance. Mr. Birlson stated he did not feel comfortable approving a final plat with an incomplete lift station.
Board Action
Mr. Valois made a motion to defer the final plat of Parrish Woods, seconded by Mr. Vlasic and carried by voice vote with six ayes.
Ayes – Robert Birlson, Jon Gill, Joe Gomeztagle, Bob Valois, Jason Vlasic, and John Kennedy
Nays - None
President Kennedy stated he does not have a letter from the Town Engineer regarding final plat approval. Jon Dykstra, Robinson Engineers, stated we did receive a revised plat that addressed a lot of comments along with the estimate and completion percentage, but we were not able to review that in time to get a letter to tonight’s meeting. President Kennedy stated he felt a deferral was appropriate since the review letter from the engineer was not in hand.
Board Action
Mr. Birlson made a motion to defer the final plat of St. John Commons, seconded by Mr. Gomeztagle and carried by voice vote with six ayes.
Ayes – Robert Birlson, Jon Gill, Joe Gomeztagle, Bob Valois, Jason Vlasic, and John Kennedy
Nays - None
Board Action
Mr. Gill made a motion to defer the proposed replat and rezone of Lenting’s 2nd Addition to St. John, seconded by Mr. Birlson and carried by voice vote with six ayes.
Ayes – Robert Birlson, Jon Gill, Joe Gomeztagle, Bob Valois, Jason Vlasic, and John Kennedy
Nays – None
President Kennedy read in to record Town Engineer Kenn Kraus’s site plan review letter. See Exhibit B. President Kennedy also read in to record Town Engineer Jon Dykstra’s compensatory storage review letter. See Exhibit C. President Kennedy asked if the approval could be contingent on an official letter from DNR regarding the driveway that will be in the floodway. Mr. Rettig read an email from DNR that was received after they had submitted plans, which stated “Because work is occurring in the floodway, the project does require DNR approval. However, because the impact in the floodway is so minor, we can process this through a letter of authorization rather than going through the full permit process. What you have already sent should be enough for us to proceed with this, so I will get the file open and assigned for review as soon as possible.” We have not received the letter yet from DNR, but they have stated this is how they are going to process the request. He stated we would still like to get this site plan approval, contingent on this of course.
Board Action
Mr. Birlson made a motion to approve the site plan for Kropp Industrial, 41 U-Lock, including Findings of Fact and all discussions had, contingent on receiving the official letter of approval from DNR. The motion was seconded by Mr. Valois and carried by voice vote with six ayes.
Ayes – Robert Birlson, Jon Gill, Joe Gomeztagle, Bob Valois, Jason Vlasic, and John Kennedy
Nays - None
Board Action
Mr. Gill made a motion to defer the amended secondary plat to the PUD of Shops 96, seconded by Mr. Valois and carried by voice vote with six ayes.
Ayes – Robert Birlson, Jon Gill, Joe Gomeztagle, Bob Valois, Jason Vlasic, and John Kennedy
Nays – None
| John Kennedy | Robert Birlson |
| Plan Commission, President | Plan Commission, Vice-President |
