Members Present:
Commissioners present in-person: Robert Birlson, Vice-President; Jon Gill, Yolanda Cardona, Secretary; Joe Gomeztagle, Bob Valois, Gena Lauridsen, and John Kennedy, President.
Also present in-person: Jon Dykstra, Town Engineer; Bryan Blazak, Town Council Liaison; and Sergio Mendoza, Building and Planning Director.
Absent: Adam Decker, Board Attorney and Joseph Wiszowaty, Town Manager.
A quorum was attained.
President
Mr. Gill made a motion to nominate John Kennedy as President, seconded by Mr. Valois and carried by voice vote with seven ayes.
Ayes – Robert Birlson, Jon Gill, Yolanda Cardona, Joe Gomeztagle, Bob Valois, Gena Lauridsen, and John Kennedy
Nays – None
Vice President
Mr. Gill made a motion to nominate Robert Birlson as Vice-President, seconded by Mrs. Cardona and carried by voice vote with seven ayes.
Ayes – Robert Birlson, Jon Gill, Yolanda Cardona, Joe Gomeztagle, Bob Valois, Gena Lauridsen, and John Kennedy
Nays – None
Executive Secretary
Mr. Gill made a motion to nominate Gena Lauridsen as Executive Secretary, seconded by Mr. Gomeztagle and carried by voice vote with seven ayes.
Ayes – Robert Birlson, Jon Gill, Yolanda Cardona, Joe Gomeztagle, Bob Valois, Gena Lauridsen, and John Kennedy
Nays – None
Appointment of a Plan Commission member to the Board of Zoning Appeals
Mr. Gill made a motion to appoint Yolanda Cardona to the Board of Zoning Appeals, seconded by Mr. Birlson and carried by voice vote with seven ayes.
Ayes – Robert Birlson, Jon Gill, Yolanda Cardona, Joe Gomeztagle, Bob Valois, Gena Lauridsen, and John Kennedy
Nays – None
December 7, 2022 Plan Commission Regular Meeting Minutes
Mr. Birlson made a motion to approve the December 7, 2022 Plan Commission Regular Meeting Minutes, seconded by Mr. Gill and carried by voice vote with seven ayes.
Ayes – Robert Birlson, Jon Gill, Yolanda Cardona, Joe Gomeztagle, Bob Valois, Gena Lauridsen, and John Kennedy
Nays – None
Board Action
Mrs. Lauridsen made a motion to extend primary plat approval to July 2, 2023 for The Gates of St. John Unit 21B, seconded by Mr. Birlson and carried by voice vote with seven ayes.
Ayes – Robert Birlson, Jon Gill, Yolanda Cardona, Joe Gomeztagle, Bob Valois, Gena Lauridsen, and John Kennedy
Nays – None
President Kennedy stated if one extension was given it would take us out to February 26, 2023. He asked Mr. Fleming if he felt that was enough time to complete the lift station. Mr. Fleming stated yes. President Kennedy stated we also need to discuss the waivers that are being requested. One is the stormwater inlets that were required to be round, but rectangular covers were installed instead. After discussion with Mr. Valois it sounds like it would be acceptable to leave those as is rather than tearing them out and replacing them. The other issue is the placement of the b-boxes, which Public Works has been working with Mr. Fleming to come up with the best solution. Mr. Valois stated he met with the petitioner yesterday and the area of issue was mainly within the inner portion of the subdivision. We discussed moving those back to sixteen feet from the curb line, behind the sidewalk, on each lot. The majority of the outer lots sit at eighteen feet from the curb line, which is okay because the water main is further back. Mr. Fleming did agree to have the builders move the b-boxes back once the lots start being developed, and that he would put that in writing as well. Mr. Fleming stated that was correct. As the builders start to build on their lot, when their service comes out to extend to the b-box we will find the marriage in the middle of where we want it to be so that we avoid any problems that might have been caused by us moving them. Doing this all at once will help avoid concern of coming back to fix something in the future. We are hoping this is an amicable solution when it comes to the waiver we are requesting. Mr. Fleming stated there is currently about $20,000 reserved as part of the letter of credit for this issue, so that will be submitted in conjunction with a document stating the agreement that is being made. Building and Planning Director, Sergio Mendoza, stated he agreed with Mr. Fleming in that we would want some type of surety along with the agreement just in case they do not perform in moving the b-boxes back.
President Kennedy asked how this process would be handled within the Building Department. Mr. Gill stated after the foundation is poured the builder will hook up the water, sewer, and storm utilities. When that is done, we can verify the location of the b-box. President Kennedy asked if the Building Department was also comfortable with this proposal. Mr. Gill stated he believed this is the best case scenario for the fix. President Kennedy asked the Commission’s opinion on waiting to receive the letter before acting on the waiver. Mr. Fleming stated he would ask the Commission to approve the waiver contingent on the letter since it was just yesterday that they came up with this solution. We would like to move forward with an official decision on the final plat, if possible, because we do have eighteen of the twenty-seven lots sold. President Kennedy stated he would entertain the decision, but there have been concerns on giving final plat without a functioning lift station previously, plus we do not have the letter of credit or bond submitted yet. Mr. Fleming stated even if a builder pulls a permit in the next thirty days, they will not need services for another ninety days. That is also the point of having the surety in place as well.
Mr. Birlson asked when construction started. Mr. Fleming stated late April of 2022. We pumped the breaks for a period of time due to the lead time of the lift station, and then the concrete shortage that hit us as well. Mr. Birlson asked when the Commission approved the primary plat. Mrs. Lauridsen stated the contingencies on the primary plat approval were lifted on August 26, 2021. Mr. Fleming stated we did not want to take construction in to the winter because we would not have been able to lay asphalt, so the intention was spring, but then we ran in to the extended lead time with the lift station that pushed us back again.
President Kennedy asked if the letters from Mr. Kraus that were in-hand are up to date. Mr. Mendoza stated in his discussions with Mr. Kraus, a report was needed from the inspections that were done on Tuesday morning in order to adjust the letter of credit. He stated he was not sure if the review included the relocation of some of the b-boxes, but we can reach out to let him know that needs to be a part of the letter of credit.
Board Action
Mr. Valois made a motion to extend primary plat approval by six months to February 26, 2023, seconded by Mr. Gill and carried by voice vote with seven ayes.
Ayes – Robert Birlson, Jon Gill, Yolanda Cardona, Joe Gomeztagle, Bob Valois, Gena Lauridsen, and John Kennedy
Nays – None
Mr. Birlson made a motion to approve the waiver of round inlet covers, seconded by Mr. Valois and carried by voice vote with seven ayes.
Ayes – Robert Birlson, Jon Gill, Yolanda Cardona, Joe Gomeztagle, Bob Valois, Gena Lauridsen, and John Kennedy
Nays – None
BOARD DISCUSSION/QUESTIONS/COMMENTS
Mr. Fleming noted that the correction of the b-box will be at their expense, not the builders. He also stated that his attorney is already drafting an agreement regarding the correction as well. Mr. Fleming stated that there are thirteen lots that have b-boxes that will need to be moved; lots 4-6 and lots 19-28.
Board Action
Mr. Gill made a motion to approve the waiver of the location of b-boxes on lots 4-6 and lots 19-28 provided the Commission receives documentation from the developer that the b-boxes will be located at the proper area on the lot as each home is built. The motion was seconded by Mr. Birlson. Mr. Gomeztagle asked if a contingency could be made to have our attorney review the letter. Mr. Gill amended his motion to include counsel review of the letter between the developer and home builders that will be relocating the b-boxes. The motion carried by voice vote with seven ayes.
Ayes – Robert Birlson, Jon Gill, Yolanda Cardona, Joe Gomeztagle, Bob Valois, Gena Lauridsen, and John Kennedy
Nays – None
BOARD DISCUSSION/QUESTIONS/COMMENTS
President Kennedy stated it seems like the letters from Mr. Kraus that are in-hand are out of date and do not reflect accurate numbers for the letter of credit/surety bond. If we are taking any action on the final plat approval tonight, we need to have a letter to read in to record. Mr. Fleming stated the November 30, 2022 letter is the most accurate, but we are asking that the line for the lift station be adjusted as well as the street signs, which have been paid for. Those are the only two items that would need to be changed. Mr. Fleming stated, if it is the desire of this Commission to move forward, we ask that a motion be made that includes the surety to not be higher than what is noted on the November 30, 2022 letter since those numbers will likely come down significantly once another review is completed. President Kennedy stated he understood Mr. Fleming’s point, but the Commission is trying to wait until everything is in order in order to not have any more contingencies that the Planning Department then has to be in charge of following up on to make sure they are completed. Mr. Gill stated with all of the contingencies we have already given tonight and the letter that is needed, it would be prudent for us to defer this item so that the first week of February when he comes back, everything should be in line for the final plat.
Board Action
Mr. Gill made a motion to defer the final plat of Parrish Woods, seconded by Mr. Birlson and carried by voice vote with seven ayes.
Ayes – Robert Birlson, Jon Gill, Yolanda Cardona, Joe Gomeztagle, Bob Valois, Gena Lauridsen, and John Kennedy
Nays – None
Mr. Fleming asked if he would be able to proceed with the recording of the mylars in February once the decision is made on the final plat. President Kennedy stated hopefully the lift station will be complete in thirty days as stated. Mr. Fleming stated your Ordinance allows for sureties to be put up for items like that and that he would kindly ask the Commission to consider that come February when a decision is made on the final plat.
President Kennedy read in to record the review letter from Town Engineer Jon Dykstra. See Exhibit A.
Mr. Rettig stated most of the surety is for the public sidewalk and pedestrian path that runs through the development.
Board Action
Mr. Gill made a motion to approve the final plat of St. John Commons Phase 1, seconded by Mrs. Lauridsen and carried by voice vote with seven ayes.
Ayes – Robert Birlson, Jon Gill, Yolanda Cardona, Joe Gomeztagle, Bob Valois, Gena Lauridsen, and John Kennedy
Nays - None
Board Action
Mr. Gomeztagle made a motion to defer the primary replat and rezone, seconded by Mr. Birlson and carried by voice vote with seven ayes.
Ayes – Robert Birlson, Jon Gill, Yolanda Cardona, Joe Gomeztagle, Bob Valois, Gena Lauridsen, and John Kennedy
Nays – None
Mr. Rettig stated, for clarification, you just deferred the item, but you do want the process to start over. President Kennedy stated that was correct. The petitioner would need to pull the request. Mr. Mendoza stated you can request to remove the application from the agenda and reapply. In the past, the Commission has moved forward with deferrals and still required a new public hearing, but it may be best to clear everything and start fresh. We need some sort of acknowledgment from Mr. Lenting to remove the request and start fresh with both items.
Board Action
Mr. Gill made a motion to approve the proposed amended secondary plat for Shops 96, seconded by Mr. Birlson and carried by voice vote with seven ayes.
Ayes – Robert Birlson, Jon Gill, Yolanda Cardona, Joe Gomeztagle, Bob Valois, Gena Lauridsen, and John Kennedy
Nays - None
Mr. Birlson stated another concern he had was that a developer would, for example, only give $2,000 but the actual cost is $15,000. President Kennedy stated the Town Engineer would determine the cost of installation.
| Bob Birlson | Gena Lauridsen |
| Plan Commission Vice-President | Plan Commission Secretary |
Also present in-person: Adam Decker, Board Attorney; Jonathan Dykstra, Town Engineer; Bryan Blazak, Town Council Liaison, and Sergio Mendoza, Building and Planning Director.
Absent: Jon Gill and Joseph Wiszowaty, Town Manager.
A quorum was attained.
President Kennedy asked if Attorney Decker had any comments regarding the agreement. Attorney Decker stated he had made several substantial changes to the original agreement, which Mr. Fleming’s attorney, Jon Schmaltz, agreed to so the document in your packet tonight is the final draft that was reviewed and approved. President Kennedy stated a second Letter of Credit will be submitted for the b-boxes as well. Mr. Fleming stated that is part of Mr. Kraus’s final number for the Letter of Credit. There will not be a separate Letter of Credit. Mr. Birlson asked if the pumps were running yet for the lift station. Mr. Fleming stated not yet, but it will be well over thirty days before permits will even be pulled to start building on the lots.
Mr. Fleming notified the Commission that the road signs have been installed, but they all state Atherton rather than 112th Place and Street as shown on the final plat for the roads that run east and west. Mr. Valois made note of the issue and stated he would take care of getting new signs. Mr. Valois asked if NIPSCO service has been provided to the lift station. Mr. Fleming stated Meade started there yesterday or today so that should be completed within the next ten to fourteen days.
President Kennedy asked if The Shrine would have been a candidate for this with their special circumstance of not having the space for a sidewalk along US41, or could we not make them pay in to something like this since it was physically impossible to run that sidewalk along the road due to the guardrail. Attorney Decker stated to be honest, if it is physically impossible, he had not given it much thought to be able to answer that intelligently. He stated if a sidewalk is required, in most instances, plans can be prepared to allow for the installation of a sidewalk. The Shrine had to deal with the widening of US 41 and their plans for expansion at the same time, which was difficult timing, but ultimately the Plan Commission would need to determine if it is reasonable to require the developer to make that payment if the installation is illogical or impractical.
Mr. Gomeztagle asked what type of liability the Town could get in to if sidewalks are not put in. Attorney Decker stated if there is no sidewalk currently and the Plan Commission determines it is impractical or illogical, there is no legal liability for that decision. Mr. Gomeztagle stated the developer can always adjust their plans to put a sidewalk in. President Kennedy stated prior to this Commission’s stance on sidewalks, we were allowing waivers, but we are finally saying if we continue this there will never be sidewalks through the Town. There are however, special circumstances where this could be utilized. He gave the example of a neighbor who developed a single lot, but the entire neighborhood did not have sidewalks so they asked for a waiver and received it.
Mr. Birlson asked the reason for collecting 90% and not 100%. Attorney Decker stated the reasoning for the 90% is to not impose any kind of penalty on the developer for the Plan Commission’s determination to make a payment in lieu of installation. The number is somewhat arbitrary, but 90% was the best to avoid the appearance of any penalty being given for the Plan Commission’s decision. President Kennedy asked Mr. Mendoza’s opinion on the Ordinance. Mr. Mendoza stated he believed that this is a tool that can be used if necessary, but the end goal is to install sidewalks even if they are sidewalks to nowhere. He stated he has seen before where a sidewalk waiver is given to an interior lot because the exterior lots do not have sidewalks, but ten years later the exterior lots go through a redevelopment process and are made to install sidewalks, but now the interior lot does not have them. It should be the mission of the Plan Commission to require some sort of walkway or pathway for pedestrians at ADA compliancy. They should show a true hardship where they cannot meet the requirement for sidewalks. Mr. Mendoza stated he also questioned the amount not being 100% of the cost and did not want to see this tool be used as a way for someone to get out of installing the sidewalk in order to pay a lesser amount in to the fund. President Kennedy asked if Mr. Mendoza saw this as a good thing for the Town. Mr. Mendoza stated it is a good tool to be used when necessary.
Mrs. Cardona stated with the way this is written, it is not a choice made by the developer. We have to decide if this is a situation where installing a sidewalk is impossible or illogical. If it is, then we move on to the fund. Short of that, if the determination is that it is possible, then they are installing sidewalks. Mr. Mendoza agreed and stated with this Plan Commission, we have seen you require sidewalks that lead to nowhere or pathways over wetland areas in order to provide connectivity. The applicant can also dedicate the right-of-way for additional sidewalks or install the sidewalks as part of this. Mr. Valois stated developers will not be able to avoid putting in sidewalks just because this fund is in place. Mr. Birlson stated he just hopes this does not become a big debate with developers wanting to try and pay 90% rather than installing the sidewalks. President Kennedy stated the only way a developer would pay in to this fund is if this Plan Commission allows for it. Attorney Decker stated that is correct. The language is that the Plan Commission may determine that the installation of curbs and gutters or sidewalks is impossible or illogical within the proposed subdivision or amendment or replat of subdivision. It is not an option for the developer to suggest that. They can make a request and an argument as to why they believe it is impossible, but ultimately it is the Plan Commission’s decision whether that is the case or not. Attorney Decker stated to address the percentage comment, it could be changed to 95% or even 100% if that is really what the intent is, to avoid any possibility that the developer be requesting that in every development. He stated he did not think that would be the case, but it could be changed.
Mr. Mendoza stated the example that President Kennedy brought up regarding an open lot that was going to be new construction is something that would fall under this if it fits the character of the existing neighborhood, and at a later date the Town can come in and install the proper stormwater infrastructure with sidewalks and curbs. With this tool there would be something there to help take care of an area like that. Mrs. Cardona stated she liked it a lot. The determination is still up to the Commission whether or not we will allow someone to pay in to the fund rather than putting the sidewalks in. President Kennedy stated a decision does not need to be made tonight. In February we can make an announcement for public hearing in March and then make a recommendation to the Town Council. Mr. Mendoza stated that was correct.
Mr. Gomeztagle asked if the word “may” should be “should” on page four, which gives us more strength. Attorney Decker disagreed. The word may is purposeful in that it is discretionary to the Plan Commission. If we substituted the word shall, that suggests that the Plan Commission must do something or act a certain way which is not the intent of the Ordinance. Mrs. Cardona stated she understood the concern, but if you read the entire sentence, it gives you context. “In extraordinary circumstances the Planning Commission may determine that the installation of a sidewalk is impossible”. That sentence in itself is allowing us the opportunity to decide when there is an impossibility or it is illogical. Attorney Decker agreed.
Mrs. Cardona asked about the percentage and stated she is good with 90%. Mr. Valois, Mr. Gomeztagle and Mr. Birlson stated they were in favor of 100%. Attorney Decker stated in his opinion, the Plan Commission could establish it at 100% and there is no legal objection in doing so. President Kennedy stated that would be something to think about. Mrs. Cardona stated she liked 90%. We require as a Town that sidewalks be installed, but if you are unable to then we will allow you to contribute in to this. It is a little bit of consideration for the circumstance. President Kennedy stated he is afraid of someone arguing that they cannot install one, so they cannot be forced to contribute to the fund. Mr. Birlson stated, the case of The Shrine, we could have told them to fill in the pond and cut the parking lot back in order to install it. It could have been done, but it was not practical. Mrs. Cardona stated what if the impossibility is created by the developer or is out of the control of the developer, like The Shrine area. We still need to hear case by case what the hardship is and revert to this. Town Engineer, Jon Dykstra, stated in the past when a waiver would be granted, no money was collected. There is a justification to not collect the full 100% because you were not collecting anything before. 90% shows you are thinking of them a little bit and shows your consideration for the circumstance. President Kennedy stated he wanted to make sure this is the right approach to not give someone the leeway out of what we want as a Plan Commission.
| Bob Birlson | Gena Lauridsen |
| Plan Commission Vice-President | Plan Commission Secretary |
Members Present:
Commissioners present in-person: Robert Birlson, Vice-President; Jon Gill, Yolanda Cardona, Joe Gomeztagle, Bob Valois, and Gena Lauridsen, Secretary.
Also present in-person: Jon Dykstra, Town Engineer; Bryan Blazak, Town Council Liaison; Adam Decker, Commission Attorney; and Sergio Mendoza, Building and Planning Director.
Absent: John Kennedy, President; and Joseph Wiszowaty, Town Manager.
A quorum was attained.
January 4, 2023 Plan Commission Regular Meeting Minutes
Mr. Gill made a motion to approve the January 4, 2023 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 Gena Lauridsen
Nays – None
January 18, 2023 Plan Commission Study Session
Mrs. Cardona made a motion to approve the January 18, 2023 Plan Commission Study Session, seconded by Mr. Valois and carried by voice vote with six ayes.
Ayes – Robert Birlson, Jon Gill, Yolanda Cardona, Joe Gomeztagle, Bob Valois, and Gena Lauridsen
Nays – None
Mr. Birlson asked what the status of the lift station was. Mr. Fleming stated the lift station is complete except for the backup generator. Meade has been out there for NIPSCO and are near completion, as well. The backup generator faced significant delays due to COVID, but is scheduled to be delivered this month. Once that is in, the lift station will be fully improved. We have also provided a substantial amount of surety for the lift station. One of the reasons we did not receive confirmation on the final amount of the surety was because they wanted to see if more of the lift station was complete after January, but we said we were fine with the number proposed, which would be well over what is needed, in order to keep the project moving. Mr. Fleming stated we currently have seventeen of the lots sold to custom homebuilders who are eager to start the process in the coming months.
Mr. Birlson asked if NIPSCO had power to the lift station. Mr. Fleming stated he could not speak to if it has been energized at this point, but Meade has been onsite completing that work and it should be a matter of days before it is complete. Mr. Gomeztagle asked what Mr. Fleming meant by “we are there” with the lift station. Mr. Fleming stated the lift station would be fully functional right now if Meade were complete with their work. Once they are, which should be within a few days, the lift station will be fully functional, but will only be missing the backup generator. To emphasize, there are no services going to the lift station at this time. It will be months before any service is directed to this lift station, and the backup generator will be installed within this month. Mr. Valois stated he spoke with Austgen Electric who confirmed the generator will be there sometime this month. He stated Meade is running power for the entire subdivision, not just the lift station, so it is understandable what Mr. Fleming is stating. We also need to pressure test the force main. Mr. Fleming stated that will be done once we have the energization. Mr. Valois stated we do not need power for that test. Mr. Fleming stated he will coordinate that test, then. Mr. Valois stated in regards to the lift station, he agrees it will be months before services are ran to it.
Board Action
Mr. Valois made a motion to approve the final plat of Parrish Woods, seconded by Mrs. Lauridsen and carried by voice vote with six ayes.
Ayes – Robert Birlson, Jon Gill, Yolanda Cardona, Joe Gomeztagle, Bob Valois, and Gena Lauridsen
Nays – None
Mr. Mendoza stated we are scheduled to hold various stakeholder meetings on February 8th to discuss the potential opportunities and challenges along these areas. We will then open it up to the public for their input, and finally meeting with Board and Commission members to discuss these corridor studies as well. The goal is to have this sub area planned and have a recommendation for adoption from the Plan Commission to the Town Council once the study is complete. There are discussions regarding housing slowing down, but our office is not seeing a slowdown in commercial type uses.
Mr. Birlson asked if a date had been set for the community outreach portion. Mr. Mendoza stated that will occur throughout the year. There will be several public meetings presenting the study, and then going back and making changes per discussions had, and then scheduling another public meeting presenting the updates. We are also creating a website for the study so the public can see the progress of the study as well as share their ideas. Mr. Mendoza listed the various places the website will be advertised in order to get as much public input as possible.
Mr. Birlson stated this study will help with the vision of those corridors, whether it be residential or commercial. Mr. Mendoza stated that was correct. Each land use has a different impact on corridors. We want to be able to prepare for those types of land uses within the merging corridors. Mr. Birlson asked if there was discussion on improving the roads. Mr. Mendoza stated that will be part of this study. This will allow us to have a plan in place to identify what improvements should be done based on the vision that was created by the community itself. It will be the same with the land uses that will benefit those types of corridors.
Mr. Birlson asked what the difference between this and a Thoroughfare Plan is. Mr. Mendoza stated in a Thoroughfare Plan we will have road classifications as well as identify new road construction and connection, as well as traffic counts and road expansions. The Corridor Study will take in to account how these roads look when you travel them and the impacts of adjacent land uses to these corridors. Essentially when you are traveling from Crown Point to Illinois, you will notice when you are not in Crown Point or County, but St. John, creating that sense of place. Mr. Birlson stated it could be with lighting, plant use, landscaping, etc. Mr. Mendoza stated that was correct. Teska has been out here touring these areas and will build off of what is already there as well as the community input. This will be adopted and incorporated in to our Comprehensive Plan upon completion. We also have additional funds to create an Economic Development Plan land use and zoning update so that we are up to date on future and current land use. Economic Development Plans also identify more sites throughout the Town that would be suitable for economic development. When we say economic development, we really are wanting to identify mixed use, or if a parcel would qualify for a PUD or not, and give the Commissioners additional guidance on zoning inquiries and what type of land uses would be supported to diversify the economic base of the community. Councilman Blazak touched on the importance of the Road Impact Fee and how that money will be used to address some of issues and future plans laid out by this study and the future Thoroughfare Plan.
| Bob Birlson | Gena Lauridsen |
| Plan Commission Vice-President | Plan Commission Secretary |
Members Present:
Commissioners present in-person: Bob Birlson, Vice-President; Yolanda Cardona, Jon Gill, Joe Gomeztagle, Bob Valois, Gena Lauridsen, Secretary; and 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.
Absent: Joseph Wiszowaty, Town Manager.
A quorum was attained.
Mr. Birlson asked if we wanted to specifically say the size and thickness of the curb. If a development is on US 41, we would not use an eighteen inch wide curb but something much larger. Attorney Decker stated if a developer came to the Town and was proposing a development on US 41 or any other street, the Subdivision Control Ordinance states standards for those elements. This amendment to the Subdivision Control Ordinance is still part of the Subdivision Control Ordinance. Any installation of curbs, gutters or sidewalks would still need to adhere to the requirements and standards in the Subdivision Control Ordinance, and that is how the cost analysis would be determined. Mr. Gill stated our smallest standard for curbs are actually twenty-four inches wide, ten inches thick at the front, twelve inches thick at the back. Eighteen inch curbs are not allowed anywhere.
Mr. Gomeztagle asked what prompted the creation of this Ordinance. President Kennedy stated we have been more stringent in our denial of waivers for sidewalks, but there have been instances where there have been areas where the installation of sidewalks is illogical. Other communities have created similar funds to grab those resources that the owner or developer would have had to put in so that the Town has the opportunity to add sidewalks in an area that is lacking. Mr. Gomeztagle asked if that was because we are not being stringent. President Kennedy stated no. He gave an example of a lot that was platted within a subdivision that was already very mature and had no sidewalks, and no sidewalks were planned. That particular lot received a waiver because it was illogical to make them put the sidewalk in. If this fund was in place, we could have captured that revenue that the homeowner or developer would have been responsible for and used it to establish sidewalks in a different area, at the discretion of the Town Council. Mr. Gomeztagle asked who would pick up the remaining 10% of the cost of installation. President Kennedy stated the 90% is an arbitrary number that can be changed, but we believed it was a fair dollar amount based on discussions at the previous meetings. Mr. Gomeztagle stated if you look at the economic factors on the 10% that will need to be made up, it could still be a hefty amount that the Town is left paying. If the Town needs revenue to fix other areas, perhaps we have to let the Town Council figure it out themselves. Our view is to look at the Ordinance and determine what impossible means because it could mean something small to someone, but not to us. President Kennedy stated this is not to be used as an opportunity to not put in sidewalks, but in areas like The Shrine, that was nearly impossible for them to install a sidewalk along US 41. Mr. Gomeztagle stated after walking that area he questioned why it was impossible. Our purpose is safety and security. If that sidewalk is not there, who will be held liable? The responsibility should be on the developer to figure out how to put a sidewalk in, and if they say it is impossible, we shove it back and say figure out a way to make it possible. He stated he wanted to see this town develop as much as possible, but we need to figure out a way to make the developers adhere to our standards.
President Kennedy stated we are not changing the Ordinance, we are adding a fund. The standards are staying the same. Mr. Birlson gave the example of the property on Joliet and Hart Street, and stated that legally the Plan Commission could not force the developer to put a sidewalk in on Hart Street because it is in a floodway. This fund would have captured funds for that sidewalk and curb that could be used somewhere else in Town. Mr. Gomeztagle stated he appreciated the example because it gave a clear impossibility. We need to clarify what is impossible and have guidelines. Mr. Birlson stated it is safe to say that we are all levelheaded here and know what is impossible or not, and we all have our own vote. This Commission analyzes each situation enough to try and get the best development we can. Mr. Gomeztagle agreed, but stated clarification still needs to be had on the word impossible and what that means for each development. President Kennedy stated this is not meant to be a revenue generator. This is for rare situations, per our determination, for a sidewalk waiver to be granted and payment be made in lieu of the installation. Mr. Gill stated it would be up to us to look at the proposed area being developed and look at the topography, setbacks, distances, and right-of-way to make a determination of possible or impossible. Discussion followed regarding the few most recent examples of waivers given where the task was impossible or illogical.
President Kennedy stated the 90% rate is because we are saying it is impossible or illogical, therefore the homeowner or developer should not have to pay the full 100% since they are not getting the sidewalk, curb or gutter. Town Councilman Liaison, Bryan Blazak, stated the overall intention is to do what is best for the Town. Mr. Gill stated this does not mean that no one puts a sidewalk in, it just gives another avenue to explore when the situation arises. Mrs. Cardona stated she believed Mr. Gomeztagle’s point is that he wants a definition to what impossible would mean. The answer to that is exactly what Mr. Birlson has said with the examples of the development on Hart Street and The Shrine, so we are taking these situations to form that determination or definition of impossible for future projects while putting a fund in place to take advantage of those impossible situations. Mr. Birlson stated he believed it was a great Ordinance. President Kennedy stated he believed it would deter people from asking for a waiver since the choice is to either put the sidewalk in, or pay in to this fund. Before there was the opportunity to grant a complete waiver and not have the homeowner or developer put a sidewalk in.
Mrs. Cardona asked who would manage the money and allocate the funds. President Kennedy stated the Clerk-Treasurer would hold the funds and then the Town Council would determine where the funds are used. Councilman Blazak stated those funds will sit until they are used for whatever projects the Council decides to use it for. This fund will only have one purpose, to install curbs, gutters, and sidewalks. President Kennedy stated he would believe that Public Works would recommend areas to the Council who would then decide if the funds are available for that project, if it is a good project to do, or if we can even get matching funds from a NIRPC grant for a trail.
President Kennedy asked how the timing would work since the last section that was granted final plat approval was in 2020. Mrs. Lauridsen stated it would be the same situation that we just had with The Gates where we had to grant multiple six-month extensions retroactively. Since the last final plat approval was given on August 5, 2020, the expiration would have been August 5, 2021. Four six-month extensions would bring them to August 5, 2023 and five six-month extensions would bring them to February 5, 2023. Mr. Slager stated there is the possibility that we will still come in this year, but if not we may be in here occasionally asking for extensions. He then asked if Greystone, The Preserve, and Preserve West could also be added to the March 1st meeting for one six month extension each. The Commission agreed that could be added.
Councilman Blazak stated six months is a tight timeframe for an extension in today’s world. It may be beneficial to look in to extending that six months to a year as Mr. Slager has said. Attorney Decker stated in order to do that, it would be the same process for any change to the Subdivision Control Ordinance. It has to be considered, there would be a public hearing, and then it would go to the Town Council for final adoption of the Ordinance. Councilman Blazak stated six months is a short timeframe to develop a subdivision. Attorney Decker stated the primary plat is good for twelve months, but extensions can be granted in six month increments. Councilman Blazak stated instead of a six month renewal, we may want to change it to a year. President Kennedy asked the benefit of a six month extension versus one year. Mr. Mendoza stated he did not know why six months was identified as he has normally seen them as one year. Councilman Blazak suggested starting the process of getting the change together for the March meeting. The Commission agreed.
ADJOURNMENT With no further questions or comments, President Kennedy adjourned the meeting at 7:37 P.M.| John Kennedy | Gena Lauridsen |
| Plan Commission President | Plan Commission Secretary |
Commissioners present in-person: Robert Birlson, Vice-President; Yolanda Cardona, Jon Gill, Joe Gomeztagle, Bob Valois, and John Kennedy, President.
Also present in-person: Adam Decker, Commission Attorney; Jon Dykstra, Town Engineer; Bryan Blazak, Town Council Liaison; Joseph Wiszowaty, Town Manager; and Sergio Mendoza, Building and Planning Director.
Absent: Gena Lauridsen, Secretary
A quorum was attained.
February 1, 2023 Plan Commission Regular Meeting Minutes
Mr. Gill made a motion to approve the February 1, 2023 Plan Commission Regular Meeting Minutes, seconded by Mr. Valois and carried by voice vote with five ayes and one abstention by President Kennedy who was not present at the February 1, 2023 Regular Meeting.
Ayes – Robert Birlson, Yolanda Cardona, Jon Gill, Joe Gomeztagle, and Bob Valois
Abstain – John Kennedy
Nays – None
February 15, 2023 Plan Commission Study Session Minutes
Mr. Gill made a motion to approve the February 15, 2023 Plan Commission Study Session Minutes, seconded by Mr. Birlson and carried by voice vote with six ayes.
Ayes – Robert Birlson, Yolanda Cardona, Jon Gill, Joe Gomeztagle, Bob Valois, and John Kennedy
Nays – None
Open to Public Hearing PC 2022-16 Amendment to Subdivision Control Ordinance Establishing a Sidewalk, Curb and Gutter Installation Fund
No one was present to speak for or against the proposed Ordinance.
Closed to Public Hearing PC 2022-16 Amendment to Subdivision Control Ordinance Establishing a Sidewalk, Curb and Gutter Installation Fund
Board Action
Mr. Birlson made a motion to send a favorable recommendation to the Town Council regarding PC 2022-16 Amendment to Subdivision Control Ordinance Establishing a Sidewalk, Curb and Gutter Installation Fund, seconded by Mr. Valois. President Kennedy thanked Attorney Decker and the Planning Department for their time and effort in to this Ordinance and stated that he believed it will be a great addition to the Subdivision Control Ordinance. The motion carried by voice vote with six ayes.
Ayes – Robert Birlson, Yolanda Cardona, Jon Gill, Joe Gomeztagle, Bob Valois, and John Kennedy
Nays – None
President Kennedy stated we will take each subdivision individually to make sure they are addressed appropriately. He then asked Building and Planning Director Sergio Mendoza if Preserve West, Greystone, and The Preserve all have expiration dates of this year and if one extension would just take them further in to 2023. Mr. Mendoza stated that was correct.
Board Action
Mr. Birlson made a motion to approve one six month extension of the primary plat for Preserve West, giving it a new expiration date of November 4, 2023, including Findings of Fact and all discussions had. The motion was seconded by Mr. Gill and carried by voice vote with six ayes.
Ayes – Robert Birlson, Yolanda Cardona, Jon Gill, Joe Gomeztagle, Bob Valois, and John Kennedy
Nays – None
Board Action
Mr. Birlson made a motion to approve one six month extension of the primary plat for Greystone Unit 3, giving it a new expiration date of November 4, 2023, including Findings of Fact and all discussions had. The motion was seconded by Mr. Valois and carried by voice vote with six ayes.
Ayes – Robert Birlson, Yolanda Cardona, Jon Gill, Joe Gomeztagle, Bob Valois, and John Kennedy
Nays – None
Board Action
Mr. Birlson made a motion to approve one six month extension of the primary plat for The Preserve, giving it a new expiration date of December 1, 2023, including Findings of Fact and all discussions had. The motion was seconded by Mr. Valois and carried by voice vote with six ayes.
Ayes – Robert Birlson, Yolanda Cardona, Jon Gill, Joe Gomeztagle, Bob Valois, and John Kennedy
Nays – None
Board Action
Mr. Birlson made a motion to approve four six month extensions of the primary plat for Continental, give it a new expiration date of August 5, 2023, including Findings of Fact and all discussions had. The motion was seconded by Mr. Valois and carried by voice vote with six ayes.
Ayes – Robert Birlson, Yolanda Cardona, Jon Gill, Joe Gomeztagle, Bob Valois, and John Kennedy
Nays – None
Councilman Liaison Bryan Blazak asked Attorney Decker if it would be possible to amend the Ordinance to allow for a longer extension period than six months. Attorney Decker stated if the Ordinance is to be amended, it can provide for any length of extension. In most communities a twelve month extension is fairly standard. In discussions with staff, if the Ordinance is amended, it would most likely be amended to reflect a twelve month extension. Councilman Blazak stated that would be ideal. He then asked what the process would be to get that changed. Attorney Decker stated it would be like the amendment that was discussed tonight. A public hearing would need to be held on the change along with an Ordinance created, and then it would go to the Council for final decision. Mr. Mendoza stated the staff actually met on Tuesday to discuss multiple revisions to the Subdivision Control Ordinance, which will be forwarded to Attorney Decker for review and presented at the next Study Session for discussion.
Board Action
Mr. Birlson made a motion to send a favorable recommendation to the Town Council to accept the Letter of Credit from Parrish Woods in the amount of $216,965.98, seconded by Mr. Valois and carried by voice vote with six ayes.
Ayes – Robert Birlson, Yolanda Cardona, Jon Gill, Joe Gomeztagle, Bob Valois, and John Kennedy
Nays – None
| Bob Birlson | Gena Lauridsen |
| Plan Commission Vice-President | Plan Commission Secretary |
Also present in-person: Tom Nagle, Town Engineer; Bryan Blazak, Town Council Liaison; Joseph Wiszowaty, Town Manager; and Sergio Mendoza, Building and Planning Director.
Absent: Yolanda Cardona and Joe Gomeztagle
A quorum was attained.
Francesca Lawrence, Senior Planner with Teska Associates, Inc., addressed the present Council, Commission, and Committee members and began her presentation on the St. John Corridor Study. See Exhibit A.
After the presentation, all members broke out in to small groups and were given various challenges, opportunities, strengths, and weaknesses to discuss. They were also tasked with adding to the list of examples and sharing their thoughts with the entire group. See Exhibit B. Members were also given examples of community design and streetscape imagery to review and note which ones they felt would most enhance the corridors and community. See Exhibit C. Lastly, each group reviewed the Town’s Future Zoning Map from the 2017 Comprehensive Plan and used that to notate what types of development they would like to see along the corridors. See Exhibit D.
It was explained by Ms. Lawrence that the discussions that were had at today’s workshop will be compiled with the information that was received from the stakeholder groups as well as what will be gathered from the public open house tonight, and will then be presented to the Town Council, Plan Commission, and Economic Development Committee for review and discussion at a later date.
| John Kennedy | Gena Lauridsen |
| Plan Commission President | Plan Commission Secretary |
Commissioners present in-person: Robert Birlson, Vice-President; Yolanda Cardona, Jon Gill, Joe Gomeztagle, Bob Valois, and Gena Lauridsen, Secretary.
Also present in-person: Adam Decker, Commission Attorney; Jon 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.
Mr. Birlson asked if public notice had been sent out yet. Building and Planning Director, Sergio Mendoza, stated not yet. There is no file number yet because there is not a paid application on file. Currently this project is just at the study session for review. Mr. Birlson asked if the road would need to be brought up to standards if the lot is rezoned to Commercial. Mr. Mendoza stated it would. Under the current Subdivision Control Ordinance, they must comply with all requirements including road improvements, curb, gutter, and sidewalks, unless waivers are granted by the Plan Commission. Mr. Birlson asked if the petitioner was aware of that. Mr. Rettig stated we are aware of that. If you look at the very south end, there is a triangle on the east and west side of the road that is owned by the Town. When the area of US 41 and US 231 was developed, they widened the right-of-way a little bit. It goes from a forty foot right-of-way to fifty feet. We would dedicate our extra ten feet for the additional right-of-way along US 231, and then if improvements are necessary for the road we understand that. Mr. Birlson asked what part of the lot they are wanting to rezone to Commercial. Mr. Rettig presented the concept sketch that showed the potential Commercial parcel as well as the extra residential parcel that Mr. Lenting is wanting to create, which meets R-2 requirements. See Exhibit A.
Mr. Gomeztagle asked if the parcel was originally an R-1 zoning that is being dropped to an R-2 for the extra lot being created. Mr. Rettig stated he believed it was always R-2. Mrs. Lauridsen stated the lot is an R-2 zoning. Mr. Valois asked if the entrance could come off of US 231 rather than the residential side due to the pushback that was given previously with this project by the surrounding residents. Mr. Rettig stated we could do that, but there would be less separation between the road and building if the entrance was planned that way. We can, however, accommodate that if the Town wants. Town Engineer, Jon Dykstra, asked if INDOT would also need to review that entrance if it were planned off of US 231. Mr. Rettig stated yes, we would need to get a permit from them if we planned the entrance there. He stated we have a traffic engineer in our office that works frequently with INDOT that we could run all of this by. Mr. Birlson stated that is a good idea to look in to. He stated he understood where the residents were coming from in not wanting the traffic. Mr. Rettig asked if we are bringing the road up to Commercial standards, why should we not be allowed to have that traffic. Mr. Birlson stated he understood, but when those residents bought their property, this parcel was not commercial. Mr. Rettig stated he understood.
Mr. Birlson asked what the commercial use would be. Mr. Rettig stated Mr. Lenting owns a tile business and he would like to build a showroom and storage warehouse. Mr. Rettig asked Mr. Lenting if the showroom would be a retail space with regular hours. Mr. Lenting stated it would be open with regular hours. Mr. Valois asked if there was enough room to run an access road to the back of the warehouse if the entrance is off of US 231. Mr. Rettig stated we would be able to accommodate that. Mr. Valois stated with all of the pushback that was given at previous meetings, we would really like to minimize the impact on Schneider Street. Mr. Rettig stated he understood and if that is something that will help, we can look in to that. Mr. Birlson stated there may need to be some sort of landscaping or separation from the residents in order to help with their concerns as well. Mr. Rettig stated he followed what they were suggesting and that what was submitted was just a quick sketch. Mr. Birlson stated he understood Mr. Lenting wanting to continue his business, but we also do not want to squeeze these residents out. Mr. Rettig stated previously no plan was presented, so he could see the residents concern with the size of the building and what the lot would end up looking like. Mr. Valois asked how large the buildings would be. Mr. Rettig stated the warehouse would be eight feet by one hundred feet and the showroom would be thirty-two feet by seventy-two feet. The showroom would be about two thousand square feet, and we will probably have more parking than what is necessary.
Mrs. Lauridsen stated to Mr. Rettig to keep in mind that the property lies within the US 231 Overlay District when it comes to design standards for the buildings. Mr. Rettig stated he was aware. He asked how far back the overlay goes off of US 231. Mrs. Lauridsen stated six hundred feet. Mr. Mendoza stated he believed the Ordinance reads that if a portion of the lot is within six hundred feet, the entire lot is within the Overlay.
Mr. Birlson asked if any businesses have expressed interest, and if so, what types of businesses they are. Joe Napoli, SHI NAPS, LLC., stated we do have a few interested parties. One is a retail storefront, and then we also have two established Illinois restaurants that are wanting to come over to Indiana. Mr. Gomeztagle asked Mr. Napoli if he was aware of the Corridor Study that the Town is involved in that highlights that area as a major corridor. Mr. Napoli stated he was aware and that he and Mr. Shideler attended the recent open house that was held and gave their input. He stated, as a nearby resident, he was very forthcoming with the questions that were asked and believed it was a good exercise for the public to be involved in. Mr. Birlson stated eventually Calumet Avenue is going to need to have curb and gutter with street lights and heavy landscaping to make it a higher end area. Mr. Napoli agreed and stated that the majority of the buildings in that area are brick and are of higher quality. Long term we have a very vested interest in the area and see the vision of the corridor in that area, and are onboard to make it as beautiful as possible. He stated he fields a lot of calls about business owners looking for space in the twelve hundred to fifteen hundred square foot range, but there is definitely a need for more space there, which is coming with St. John Commons as well.
Mr. Valois stated he would like to take a look at Black Opal Lane to make sure that water main is looped. Mr. Rettig stated his understanding is that the water main runs along the north side of Greystone and they put a “T” in heading north where the sidewalk ends. We are actually connecting that as part of St. John Commons. Mr. Gill stated we did look up the pipeline blast zone and the Ordinance states that the minimum lot area for such applicable zoning must be entirely outside of the pipeline impact area. Mr. Rettig stated it worked in St. John Commons because it is a PUD, but this is not a PUD so we will need to rework those residential lots to make something work in that area.
Mr. Birlson stated on lot twenty-four and twenty-five, there looks to be a jog in the right-of-way. Mr. Slager stated there is. The entrance right-of-ways are sixty feet with sidewalks on both sides, and as they go in to the cul-de-sacs they drop down to fifty feet with no sidewalks in an effort to conserve trees. We are not changing any engineering or road right-of-ways, rather just moving lot lines. Mr. Valois asked if the extra water services were going to be removed and the sanitary stubbed. Mr. Slager stated until the house gets built, we would like to leave it up to them to see which one would work better for them. If it is necessary to remove them, we will need to figure that out. Mr. Birlson asked if the water main was in the right-of-way. Mr. Slager stated it is. Mr. Valois stated we would prefer to have them removed just in case someone decides to plant a tree or something in that location. Mr. Slager stated that makes sense. We can get something in writing to have those removed once the service location is chosen for each lot. Mr. Gomeztagle stated it is interesting that you say there is a demand for oversized lots when we have developers that have come in and stated the opposite, that people do not want larger lots to maintain. He asked if Mr. Slager could explain where he got his information from, just as he asked previous developers that stated the opposite where they received their information. Mr. Slager stated he would agree that there is a demand for both. We see the demand for cottage home and duplex lots, things that are maintenance free, but that is a different buyer from this buyer. If you have followed Continental, you know that these lots are listed at $250,000 and up. We have also set a minimum value on the homes of $1.5 million and up. The buyers that are looking at these lots are wanting five to six thousand square foot homes that surprisingly do not fit on a one hundred by two hundred foot lot. Now that these are a lot and a half, they will be around $430,000 for the lot. There are buyers out there that are willing to pay that for a larger lot. We are hoping this is the year that we see some construction in there.
Town Council Liaison, Bryan Blazak, asked if Mr. Slager felt that there would be more interest in Continental with this replat. Mr. Slager stated he hoped so. There are currently two clients that are interested in lots within these two units. He stated if the Commission is good with moving forward, we would like to advertise for public hearing at the April 5th meeting. Mr. Birlson asked Mr. Mendoza if that was possible. Mr. Mendoza stated we can assist with getting them set for public hearing in April.
Mr. Slager stated you can see what the current industrial park looks like with a lot of metal buildings and asphalt, but we are wanting to take this to another level and make it something really nice that the Town can be proud of. The main entrance road off of Joliet Street was included in the Town’s Thoroughfare Plan a number of years ago as a potential collector road that will eventually go all the way out to US 231 to the south. We are going to plan for that to happen and stub that road all the way to the south. As that property develops, that road would continue out to US 231 and will be developed as an eighty foot right-of-way in hopes of potentially having some decorative islands in there to make it look really good.
Mr. Birlson stated the tie in to Joliet Street is very challenging, and that road probably needs to be widened. He asked if they had talked to the church that owns the cemetery. Mr. Slager stated the Dioses owns the cemetery and we have purchased a little bit of land off of them to make sure that our entrance is wide enough. We are pretty sure they will work with us in order to get what we need. There is room to improve that road properly. Mr. Birlson asked if the house to the west is potentially available. Mr. Slager stated we have tried many times to acquire that property. They are still there and not ready to sell yet, but we would like to get access there. That site is low and there is a bunch of flood plain, which will need engineering work, but we can get there. Mr. Birlson stated we will need sidewalks along that frontage too. Mr. Slager stated we will only have one hundred feet of frontage, but we are willing to make sure that we do our part to connect for future. Mr. Mendoza asked if Mr. Slager could touch on the NIPSCO parcel. Mr. Slager stated there is about a seven acre parcel there that is landlocked. We have been talking to them for a number of years and have designed it in to our parcel because we have been pursuing it for quite some time. It does not need to be a part of the project since the first phase will likely be the entrance and maybe three or four lots. Mr. Birlson mentioned the need for an appropriate amount of parking for each parcel. Mr. Slager agreed and stated each lot will still need to come before the Plan Commission for Site Plan approval, so that will be addressed then. One thing to mention is that we will not be allowing any sort of outside storage. Core and Main had approached us about developing here, but we turned them down because they have outside pipe storage and we are not wanting that type of use in this development.
Regarding the proposed Plat Review Committee and Technical Review Committee, Commission Attorney Adam Decker stated he forwarded a summary that identifies the different committees that a Plan Commission can appoint. The most relevant per past discussions, would be the Plat Review Committee and how that could be implemented. This committee would distinct the difference between major and minor subdivisions, which currently the Subdivision Control Ordinance does not differentiate. The Indiana Code does allow a Plan Commission to send what would be considered minor subdivisions to a review committee to be reviewed and approved without a public hearing. Attorney Decker stated he provided some examples from other municipalities as well as the State Statute that allows for Plat Review Committees. Mr. Valois stated he read through Attorney Decker’s findings and believes that the Plan Commission should still be the one to decide what subdivisions are going in, whether it be large or small. More than anything, the Town could use a Technical Review Committee made up of staff and/or Commission members that review proposed plans.
After Mr. Mendoza presented all of the proposed amendments, Mr. Slager asked if there would be a chance for public comment on the proposed amendments. Mr. Mendoza stated the changes would require a public hearing, but that will not be until May or June after further review is done. He told Mr. Slager if he had any ideas to send him an email. Mr. Slager stated he believed the changes looked good so far and that he was in favor of the Plat Review Committee for simple one or two lot subdivisions.
| Bob Birlson | Gena Lauridsen |
| Plan Commission Vice-President | Plan Commission Secretary |
Commissioners present in-person: Robert Birlson, Vice-President; Jon Gill, Joe Gomeztagle, Bob Valois, Gena Lauridsen, Secretary; and John Kennedy, President.
Also present in-person: Adam Decker, Commission Attorney; Jon Dykstra, Town Engineer; and Joseph Wiszowaty, Town Manager.
Absent: Yolanda Cardona, Bryan Blazak, Town Council Liaison; and Sergio Mendoza, Building and Planning Director.
A quorum was attained.
March 1, 2023 Plan Commission Regular Meeting Minutes
Mr. Gill made a motion to approve the March 1, 2023 Plan Commission Regular Meeting Minutes, seconded by Mr. Gomeztagle and carried by voice vote with six ayes.
Ayes – Robert Birlson, Jon Gill, Joe Gomeztagle, Bob Valois, Gena Lauridsen, and John Kennedy
Nays – None
March 9, 2023 Plan Commission Special Meeting Minutes
Mr. Birlson made a motion to approve the March 9, 2023 Plan Commission Special Meeting Minutes, seconded by Mr. Gill and carried by voice vote with six ayes.
Ayes – Robert Birlson, Jon Gill, Joe Gomeztagle, Bob Valois, Gena Lauridsen, and John Kennedy
Nays – None
March 15, 2023 Plan Commission Study Session Minutes
Mr. Birlson made a motion to approve the March 15, 2023 Plan Commission Study Session Minutes, seconded by Mr. Valois and carried by voice vote with six ayes.
Ayes – Robert Birlson, Jon Gill, Joe Gomeztagle, Bob Valois, Gena Lauridsen, and John Kennedy
Nays - None
President Kennedy stated the recommendation, if this Commission moves forward, is that when a building permit is requested for a lot, only one b-box and service line shall remain. Mr. Slager stated he was aware and agreed with the recommendation. We would also request that you consider granting final plat tonight as well since this is a rather minor change.
Opened to Public Hearing 2023-04 Continental, Unit 2, Lots 27-36
With no one to speak for or against the petition, President Kennedy closed the public hearing.
Closed to Public Hearing 2023-04 Continental, Unit 2, Lots 27-36
President Kennedy read in to record the preliminary plat review letter from Town Engineer Jon Dykstra, Robinson Engineering. See Exhibit A.
Board Action
Mr. Birlson made a motion to approve the preliminary replat of Continental, Unit 2, Lots 27-36 including Findings of Fact and all discussions had, seconded by Mr. Valois and carried by voice vote with six ayes.
Ayes – Robert Birlson, Jon Gill, Joe Gomeztagle, Bob Valois, Gena Lauridsen, and John Kennedy
Nays – None
Mr. Birlson made a motion to consider the final replat of Continental, Unit 2, Lots 27-36, seconded by Mr. Valois and carried by voice vote with six ayes.
Ayes – Robert Birlson, Jon Gill, Joe Gomeztagle, Bob Valois, Gena Lauridsen, and John Kennedy
Nays – None
President Kennedy read in to record the final plat review letter from Town Engineer Jon Dykstra, Robinson Engineering. See Exhibit B.
Board Action
Mr. Gill made a motion to approve the final replat of Continental, Unit 2, Lots 27-36 including Findings of Fact and all discussions had, seconded by Mr. Gomeztagle and carried by voice vote with six ayes.
Ayes – Robert Birlson, Jon Gill, Joe Gomeztagle, Bob Valois, Gena Lauridsen, and John Kennedy
Nays – None
President Kennedy read in to record the preliminary plat review letter from Town Engineer Jon Dykstra, Robinson Engineering. See Exhibit B.
Mr. Valois asked if the water line would come to a dead end at the end of the cul-de-sac. Mr. Slager stated that is correct. Mr. Valois stated he would prefer that be looped, whether it ties in to Knickerbocker or Continental. Mr. Slager stated we could look for an option for that. President Kennedy asked if that would need to be figured out before preliminary plat approval is given if an easement needs to be dedicated. Mr. Slager stated it would come with the final plat and we would need to look in to it because we have not changed any of the engineering that was approved three years ago. Mr. Birlson asked if the subdivision was initially approved without the water line being looped. Mr. Slager stated that was correct. We have four cul-de-sacs and the longest one, Continental Way, does loop out to Knickerbocker, but the remaining three were designed and approved as dead ends.
Commission Attorney Adam Decker stated a loop is not reflected in the plat that is being considered tonight. He stated the surest way to assure that it gets completed with the loop would be to have that included in the plat that is going to be considered rather than making it a contingency. Secondary plat is simply confirming that the installation has occurred in accordance with the amended primary plat, which is being considered this evening. President Kennedy stated we will move forward with the public hearing and then the Commission will decide how to move forward.
Opened to Public Hearing 2023-05 Continental, Unit 3
Gary Anderson, no address was given, stated two lots in Unit 2 were already combined and renamed ‘lot one’. He asked if there are now two ‘lot ones’ in the subdivision. Mr. Gill stated the one lot subdivision that was created has a different name than the overall subdivision of Continental. Mr. Anderson asked if lot one on 93rd Avenue still exists. Mr. Gill stated that it did.
With no further questions or comments, President Kennedy closed the public hearing.
Closed to Public Hearing 2023-05 Continental, Unit 3
President Kennedy asked if an easement is added to the plat, would another public hearing need to be held. Attorney Decker stated no, another public hearing would not need to be held. President Kennedy asked Mr. Valois the pros and cons of looping the water main. Mr. Valois stated he believed it needed to be done and since infrastructure is not in place, now is the time to do it. There will be a lot of easement and a lot of water mains in backyards, but it should be finished. Mr. Slager stated keep in mind that area is heavily wooded. We could look at tying the two cul-de-sacs together. Mr. Valois stated you could have an easement on the north side of lot nineteen and then we could grant an easement on the park lot that it backs up to. Mr. Slager asked if the line could be smaller. Mr. Valois stated it would need to be at least an eight inch line. Mr. Slager asked if they would consider an auto-flusher. Mr. Valois stated those are supposed to be temporary according to our Subdivision Control Ordinance. Mr. Slager stated we can offer up the easement on lot nineteen and figure out how to work it through the park lot. President Kennedy stated it would probably be best to defer this item until the easement is shown on the primary plat.
Board Action
Mr. Valois made a motion to defer the amendment to the preliminary plat of Continental, Unit 3, seconded by Mr. Gomeztagle and carried by voice vote with six ayes.
Ayes – Robert Birlson, Jon Gill, Joe Gomeztagle, Bob Valois, Gena Lauridsen, and John Kennedy
Nays – None
President Kennedy read in to record the infrastructure review letter from Town Engineer Jon Dykstra, Robinson Engineering. See Exhibit D.
President Kennedy asked the status of the maintenance bond. Mr. Rettig stated they thought they were going to have it by the end of the day today from the bank, but we have not seen it yet. It should come over any day.
Board Action
Mr. Birlson made a motion to send a favorable recommendation to the Town Council to release the performance letter of credit for Sublime Estates in the amount of $38,005.00, seconded by Mr. Gill and carried by voice vote with six ayes.
Ayes – Robert Birlson, Jon Gill, Joe Gomeztagle, Bob Valois, Gena Lauridsen, and John Kennedy
Nays – None
Mr. Valois asked if the entrance was going to be relocated to US231. Mr. Rettig stated they are undecided, but there was some discussion with DVG’s traffic engineer who believes INDOT will deny the request since it is so close to a public street. We can try, but she believes it will more than likely not be approved. He stated Mr. Lenting is willing to widen Schneider Street and bring it up to commercial standards, however. President Kennedy stated if this is rezoned, there is also a buffer that will be required between this lot and any residential lots. Mr. Rettig stated they were aware of the requirements. He added that Mr. Lenting is also wanting to create another residential lot to the north of this proposed commercial lot as well.
Mr. Rettig stated when the Town did the work at the intersection, they widened the right-of-way and dedicated an additional ten feet of right-of-way, which we would do the same on our side of the road. The question is do we do road improvements to the north edge of the commercial property, or all the way to 108th. Mr. Valois stated he would like to see it go all the way to 108th Ave. President Kennedy stated for tonight’s meeting, it is only deciding on if we have enough information to allow a public hearing next month on the matter of the rezone. This will allow for public notification to be made so that the neighbors will be notified of the request and have the chance to come to the public meeting to discuss the matter.
Mr. Birlson asked if Mr. Lenting was thinking of some sort of buffer, if access is allowed on US231, between the building and Schneider. He stated he knew the residents had a lot of concern about this project. We do not want to squeeze them out since they were there first, and we also have not even talked about building materials for the project. A pole barn is a concern. Mr. Rettig stated the property is within the US231 Overlay District, which will dictate the building standards, we are aware of that. President Kennedy stated his concern is changing the zoning and then nothing ends up being built. Also, Mr. Lenting has had code issues in the past with a vegetable stand that has been placed on the corner. If this property is rezoned, it is possible that Mr. Lenting will not do anything and put his vegetable cart out, which would now be allowed because it is zoned commercial. President Kennedy stated however, if enough information is presented for a public hearing, we do need to allow him to have that public hearing.
Mr. Rettig stated we did talk about screening depending on how the entrances are located, and there will be room to screen the business from the residents. Mr. Birlson stated he understood the request for the entrance to be on US231, but did not agree with it and stated it would not be in the best interest of the Town. Town Manager Joseph Wiszowaty asked what type of business is being proposed on the lot. Mr. Rettig stated Mr. Lenting owns a tile business and is wanting a storefront to sell tile and granite.
Mr. Gomeztagle stated he believed this discussion needed to be continued at a study session. President Kennedy stated tonight we need to decide if they are ready for a public hearing on May 3rd. Discussion followed.
Board Action
Mr. Gill made a motion to allow advertisement to be made for a public hearing regarding the rezone of Artesian Wells Plat D, part of Lot 6 for the May 3rd regular meeting, seconded by Mrs. Lauridsen and carried by voice vote with six ayes.
Ayes – Robert Birlson, Jon Gill, Joe Gomeztagle, Bob Valois, Gena Lauridsen, and John Kennedy
Nays – None
Mr. Wiszowaty asked if any discussions were had regarding the corner of 109th and White Oak. Town Engineer Jon Dykstra stated there have been discussions already, and as of right now, there are no future plans for that corner lot. Mr. Yatsko stated we do own that old homestead and in the rezone we did commit to providing right-of-way as well as installing sidewalks along that parcel, but it is not shown on this plat because it is a bit of a separate note since it is not part of the subdivision. The only thing we do not have rights to is the parcel that sits to the south of the homestead we own. We have a trail system that connects to White Oak through Streamside, but we do not have the ability to install a sidewalk along that smaller lot on White Oak. Mr. Birlson stated he would like to see the right-of-way dedicated on the corner during this process. Mr. Yatsko stated we are working through that with Robinson.
Board Action
Mr. Gill made a motion to allow advertisement to be made for a public hearing regarding the preliminary plat of Streamside for the May 3rd regular meeting, seconded by Mr. Valois and carried by voice vote with six ayes.
Ayes – Robert Birlson, Jon Gill, Joe Gomeztagle, Bob Valois, Gena Lauridsen, and John Kennedy
Nays – None
Jack Slager, Schilling Development, stated this section of Greystone was one of the last sections that we had approved. This section is seeing the most activity with Schilling and McFarland building mainly ranch homes in the area. This parcel was zoned R3, but through the process of multiple meetings with the Plan Commission, it has been developed as a single-family development. The lots are 80’x140’, which is typical of the other side of Greystone, but the issue we have run in to is that one of the most popular ranch models has a foot print of seventy feet deep. On these particular lots that are one hundred and forty feet deep, there is a twenty-five foot front yard setback and a forty foot rear yard setback. In the R3 zoning district, the rear yard setback is twenty-five feet. Many people that are looking at the most popular ranch model that is seventy feet deep are also requesting a sun room, which adds another twelve feet on to the depth of the home. He stated as of right now, the majority of the lots have a buildable depth of seventy-five feet. The builders have come to us asking for this change in order to accommodate what their customer’s requests are. We are asking to go from a forty foot rear yard setback to a thirty foot rear yard setback. The question for the Commission is, would you consider this a minor adjustment that the Town Manager can act on, or would it be considered a major adjustment that needs to go through the typical public hearing process. He stated to note, the entire Greystone area that lies north of this area has a twenty-five foot rear yard setback. Not every unit will be built with that sun room, but this will allow the builder to offer that option on the lots, and it also increases the value of the home.
Mr. Birlson asked if the units to the north go to the twenty-five foot rear yard setback. Mr. Gill stated the majority of the duplexes and cottage homes got to be around twenty-seven to twenty-nine feet with the sun room or covered patio. Mr. Slager stated even if we go from forty feet to thirty feet and they do the full build out with the porch, we would be around thirty-three feet in the rear yard. Again, it will not be every unit, but it will allow them to give the option. Mr. Gill stated it would open more possibilities for customers.
President Kennedy asked if any houses are built on lots 306-309. Mr. Slager stated one is under construction. Mr. Gill stated it is just a spec that is being built right now. President Kennedy stated his concern is if anyone has built a home on a lot that backs up to one of these lots, it would only be appropriate to notify them because they bought a home thinking the lot behind them would have a forty foot rear yard setback, and now that is changing. Mr. Slager stated there are no homes sold on lots 306-309 right now. Mr. Gill stated it is a spec home that is being built currently. Discussion followed regarding removing certain lots from the thirty foot rear yard setback approval that back up to lots in the adjacent phase.
President Kennedy suggested removing lots 282, 297, and 310-315 from the thirty foot rear yard setback approval since they abut lots in the adjacent phase. Mr. Slager stated he was fine with that. Mr. Birlson asked what the R3 rear yard setback was. Mr. Gill stated twenty-five feet. Mr. Birlson stated thirty feet will still be stricter than our standards, then.
Board Action
Mr. Birlson made a motion to deem the request as a minor adjustment and allow the Town Manager to approve the amendment of the PUD to allow a thirty foot rear yard setback instead of a forty foot rear yard setback on lots 242-259 and 283-296, seconded by Mr. Valois and carried by voice vote with six ayes.
Ayes – Robert Birlson, Jon Gill, Joe Gomeztagle, Bob Valois, Gena Lauridsen, and John Kennedy
Nays – None
| John Kennedy | Gena Lauridsen |
| Plan Commission President | Plan Commission Secretary |
Commissioners present in-person: Robert Birlson, Vice-President; Yolanda Cardona, Jon Gill, Joe Gomeztagle, Bob Valois, Gena Lauridsen, Secretary; and John Kennedy, President.
Also present in-person: Adam Decker, Commission Attorney; Jon Dykstra, Town Engineer; Bryan Blazak, Town Council Liaison, and Sergio Mendoza, Building and Planning Director.
Absent: Joseph Wiszowaty, Town Manager
A quorum was attained.
Attorney Vis reviewed the breakdown of the cost of public improvements left in Phase 2. He stated his client is asking for the letter of credit to be split and that they would agree to a letter of credit for approximately $127,000 up front, which includes all public improvements that do not directly affect Calumet Avenue, and then on September 15, 2023, a letter of credit for the remaining public improvements that have not been installed in Phase 2 would be presented. This would enable my client to put those monies to use right away. Attorney Vis stated you may be wondering what assurances are in place on behalf of the Town that these public improvements will be installed with this proposal. First, regarding the public water infrastructure, $50,000 of the $112,000 worth of improvements has been paid for and put in the ground. Second, $150,000 of these public improvements have already been installed. Third, even if the building is constructed, we cannot get a tenant in to the building without water which requires us to get this done. The other delay we have going with the water main immediately adjacent to Calumet Avenue is that there is now discussion on where the water main should “T” on Calumet Avenue due to the newly proposed commercial area directly across the street from this development. We would hate to hold on to a letter of credit while the dialogue regarding this matter is ongoing between engineers and the Town. He stated ultimately we are requesting that the implementation of the requirement for the letter of credit be delayed until September for the portion that directly affects Calumet Avenue, while a letter of credit will be posted for the improvements that do not directly affect Calumet Avenue right away. We have had discussions with the Commission’s counsel and know that a waiver of the Subdivision Control Ordinance is allowed, and this body has that authority to do so.
President Kennedy asked if any of the infrastructure in Phase 2 ties in to Phase 1. Mr. Valois stated the water line does. Attorney Vis stated the water line for Phase 1 is already in the ground. President Kennedy stated it is this Commission’s ability to grant a waiver of surety bond, however we must follow the questions set forth by State Code; that the granting of the waiver will not be detrimental to the public safety, health or welfare; or injurious to other property or improvements in the neighborhood in which the property is located; and that the conditions upon which the request for a waiver is based, are unique to the property for which the waiver is sought, and are not applicable, generally to other property; and that because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the Subdivision Control Ordinance is carried out. A waiver is possible, but we need to be able to answer these questions and show the condition or hardship that would lead to the need for this waiver. He stated the water not being connected to Phase 1 is concerning to him. If the development were to be abandoned, we would have nothing in place. This is a very unique situation and a unique ask.
Brad Lambert, Managing Member of St. John Commons, LLC., gave an overview of where the development stood currently with its water mains and stated that the development is good to go with the water, but the reason we have to install this water main on the west side of Calumet Avenue is to create that loop that is required. The only way to make the loop is to go under Calumet Avenue, put in new water main and tie in to the water main that stops at the south end of the property and then take it north to the “T” at the Calumet and 101st intersection. The water main that is in now has been tested and is usable as far as the pipe that is in the ground. Attorney Vis added that if Phase 2 would not move forward, Phase 1 is still ready to go with the water service. One thing that is unique about this project is the fact that a lot of commercial developments have public roadways that will eventually be gifted to the Town, but here we have an internal piece that attaches itself to Calumet at the very end. To answer if the waiver is detrimental to the public safety, no it is not for two reasons. The first is the fact that potable water already exists. The second is that at the point in time the public is invited to access Phase 2, it is at that point that the improvements on Calumet are then required and constructed. At that time, a letter of credit will be issued even though, to be candid, the improvements will already be installed by that point. The uniqueness of the property would be the fact that this is a private development as well as the layout of the drainage that slopes towards the middle and the heavy impetus of the public improvements that are right on the edge of it necessitate that these improvements are done at the very end of the development.
Mr. Birlson stated his concern is approving a final plat without the improvements. He asked if the money is used to building the building, where will the money come from to finish the improvements in September. If this development stops, the Town is stuck with the cost of improvements. Attorney Vis stated at that point you would have a development that is built, but no one could use it due to no water or turn lanes turning in to it. What the bank has expressed is that once you have physical construction, your lending capacity is accelerated whereas right now we are looking for a cash backed letter of credit for these public improvements. We are only requesting a brief period to allow the cash to work and to have an asset with that much more backing for everyone. Mr. Lambert stated the $392,000 portion of the $508,000 is mainly for Calumet Avenue, a large portion of that cost being the street itself. If we have to submit the full letter of credit, we will need almost $560,000 in the bank to back the letter of credit and the majority of that number is for improvements that will not even be made until there is a building and tenants that have signed leases and we are close to opening the businesses. Mr. Lambert stated as far as the Town’s assurance, we cannot come to the Town for a buildout permit and no tenant will receive an occupancy permit until all public improvements are made. There is no economic benefit to the LLC until the public improvements are finished in order to get a tenant in the building to collect rent. There are absolutely stop gaps in place for the Town without putting up the letter of credit. Mr. Birlson asked Building and Planning Director Sergio Mendoza if it were true that there were natural stop gaps that would protect the Town. Mr. Mendoza stated there are possible stop gaps, but those should be identified through some type of agreement that would reassure the Commission if they choose to do some type of waiver. This is a big project that is creating something new from a land use standpoint so it could be very successful, but there are also projects that have never manifested and it is a struggle for the community to get the development going. There are a lot of “what ifs” and the way the Subdivision Control is written is to protect the Town’s best interest with regards to having some sort of performance surety that would help advance these types of projects. This may not be the normal development that would fit in to a standard Subdivision Control Ordinance format, and if that is the case then we need to explore other opportunities to help advance this interest and it could be through some sort of development agreement that would help protect the Town.
Mr. Birlson asked how far along Phase 1 was. Mr. Lambert stated everything is in in Phase 1 and the first house is going up. Mr. Gill stated they have a permit for one house and the foundation is in the ground. Mr. Lambert stated the only thing that is not 100% is the bike path that borders the south. Attorney Vis stated to Mr. Mendoza’s point, we were envisioning a development agreement of some form that would clearly outline timelines and parameters. The other item is recognizing that there has been a portion of public improvements for Phase 2 already installed and we are happy to have your engineers out there to identify what those are. He stated his client has been nothing but supportive in this area, spending a lot of dollars out of his own pocket on engineering for roadway suggestions in excess of $20,000. As identified, there are several stop gaps from now until August or September to assure you that we are doing what we said we would do every step of the way. Our goal is to collaborate and enable construction that will benefit this community and put dollars to work.
President Kennedy stated he appreciates how this was presented and that he has been a fan of this project from the beginning and believes it will be great for the Town. The concern on the “collaborating” part is that the Town will potentially be on the hook for $500,000. He asked for further clarification on what would be involved in a development agreement. Mr. Mendoza stated it would help outline how the scope of the project would continue, while putting protections in place for the Town that both of the decision makers of the agreement feel comfortable with. Ideally there would be discussion amongst those Boards and Commissions to make sure everyone feels comfortable because ultimately the request for the waiver is on the Commission. Typically development agreements take longer than two weeks to execute in order to make sure each party is satisfied with the details of the agreement, so it may be that we get to September and this becomes unnecessary. Mr. Gomeztagle asked if it would be prudent to have all of this in writing to review the different options.
Mr. Birlson asked if the builder owned the lots in Phase 1 or if the LLC did. Mr. Lambert stated we currently own the lots and the builder buys them as necessary. We do have an intention of him taking down six lots after he sells the first couple. If this is not possible, to come to the May meeting and receive final plat approval, then we do not want to waste anyone’s time. At this point, we need to start going vertical. If the Town does not want to cooperate with us and feels there is too much danger here, which is a bit of a stretch, then we will find the $650,000 and let it sit in the bank for a year because we need to pull permits on this phase soon. Mr. Lambert stated it is certainly out of the norm to ask something like this, but we have currently installed everything that is considered a public improvement east of Calumet Avenue. We are only asking to carve out the Calumet Avenue because we are not going to tear in to that until we have buildings going up. It does not make sense. Attorney Vis stated we are looking for a cooperative spirit that recognizes the citizens of St. John have to be protected, but we also want to move full steam ahead and get buildings vertical, which is what these dollars will go towards. We are confident that we can put together an agreement in the next few weeks that will safeguard the citizens of St. John. President Kennedy stated a development agreement would need to have final approval from the Council. Even if it is presented at the May meeting, it will still need to go before the Council.
President Kennedy asked if he could get the opinion of Mr. Valois and Mr. Gill being as they have worked and inspected items in this development. Mr. Valois stated all of the water main has been inspected and the proof roll of Phase 1 has been inspected. They have done a very clean job, and a very good job. To date, there have been zero issues with this site. Mr. Gill stated with the commercial building permits, we would do a shell and when the tenant comes in, they would do an individual buildout. That is kind of a safeguard for not having an occupied building without a turning lane, but there is no safeguard if something stalls out and you may have a shell sitting there with no tenants or turn lanes. As the Building and Planning Department we do have the power to not let anyone occupy the building, but there is still no mechanism to fund if something were to happen there. He stated if the shell does get built, there should be no buildout permits until the improvements are in. Attorney Vis stated the second you turn off of Calumet Avenue, you are on private roadways. We can work an agreement for no buildouts to be permitted until the public improvements are installed. Mr. Lambert stated there is no way to access the buildings until those public improvements are made.
President Kennedy asked Town Engineer Jon Dykstra his opinion. Mr. Dykstra stated he can vouch for what Mr. Valois stated in that it is a very clean site. He stated after the shell is up, you have to have the public improvements in in order to have tenants, which is to Mr. Lambert’s point. Attorney Vis stated we are not asking that the entire letter of credit be stayed. We will still supply almost a $128,000 letter of credit, plus there is already about $150,000 in the ground in public improvements. Mrs. Lauridsen asked if they were requesting a stay on the $392,136. Attorney Vis stated that was correct. President Kennedy asked if they were already working on a development agreement. Attorney Vis stated we do not have one, but if that is further assurance, we will work on that. As has already been identified, your Code would allow for safeguards to not allow tenants to occupy these buildings without water and the public improvements, and would safeguard the citizens of the community as well. Mr. Valois stated there is water all the way up to Calumet Avenue. They need to put the water main across Calumet Avenue and tie in. There is no hazard to any residents, the water main just would not be looped through and would be fed from Phase 1. Attorney Vis stated part of the Phase 2 water improvements are for the next projects surrounding this area, not this project. Mr. Valois asked if they were talking with the other proposed development across the street to see how the water main needs to be fed in. Mr. Lambert stated that was correct. There is additional development being proposed on the west side of Calumet that is now bringing in to question the placement of the proposed water main and sanitary sewer. These are obstacles, but they are nothing that cannot be figured out.
Mr. Dykstra asked if a letter of credit for Phase 1 was still being held. Mr. Lambert stated that was correct. We will have to do the same thing here in order to get out of the ground as soon as possible. It did not become apparent until about a few months ago that we were going to run in to this timing issue. From a capital standpoint each investor has committed to a certain amount, which does not include an additional $560,000 to post for a letter of credit. President Kennedy stated this is the first time he has seen an ask like this, but his comfort level would be better if some sort of development agreement were in place. There is still a lot of work to get to the point of an acceptable development agreement since this Commission does not make the final decision. Any assurances you can give the Commission would be beneficial for this request. Attorney Vis stated he understood. Mrs. Cardona stated a lot can be accomplished through a development agreement that protects the Town, but we need to be able to see it in order to make sure that we feel comfortable with the provisions. President Kennedy asked if Mr. Mendoza would feel more comfortable with a development agreement. Mr. Mendoza stated he would and that he has been in discussions with Attorney Vis about a development agreement and getting something together in writing that protects the Town’s interests, but advances this project which will be a benefit to the Town as well.
President Kennedy asked how the process would work if a development agreement is in place. We can waive the requirement of the letter of credit, but we cannot approve the development agreement. Attorney Decker stated if a development agreement is presented the Plan Commission can review it and make recommendations, but ultimately the Town Council would have to enter in to the agreement. He stated he did not know from a time wise standpoint if it would be possible with the need for a review by this Commission and the Town Council. President Kennedy asked if the approval of the waiver would be contingent on the approval of the development agreement since the Commission can only make a recommendation. Attorney Decker stated he believed that would be an appropriate condition. Attorney Vis asked if it would be possible to issue a building permit without final plat approval. Mr. Gill stated our Ordinance requires that final plat be approved and recorded before building permits be issued. Attorney Vis asked if the shell only would be able to pass. Attorney Decker stated he agreed with Mr. Gill. Mr. Gill stated a permit has to be issued on to a legal lot of record, but if it is not recorded, we would not have the legal description to tie the permit to.
Mr. Birlson asked if Olthof does not put in the water main along 109th, who would. Mr. Valois stated we did have a discussion about that at Public Works with Robinson and we feel that the next developer on the north side should install that as long as they run that line through the cul-de-sac to tie on to the “T” on the north side of 109th. This way the line would stay on the north side of the street and not jog back and forth. Mr. Birlson asked if the developer would be willing to. Mr. Valois stated we would push for it. Originally this development had one connection through Summerlin. To get two more connections on top of that with this development is wonderful. Mr. Dykstra stated the multiple connections are being address and the loop is being addressed with these installations.
President Kennedy stated right now there are no curbs on 109th and just on White Oak for the excel/decel lanes. Mr. Yatsko stated that was correct. We do not know if the improvements are in motion, but if we put in curb and it needs to be torn out, all of that costs money. We have no problem putting it in or doing a fee in lieu of, but we wanted to bring that to the Commission for decision. Mr. Dykstra stated it is valid to say that installing them may go to waste in a very short time if the other roadways improve. President Kennedy asked if the Commission would be comfortable for a fee in lieu of if the fund is in place by the May meeting. The Commission agreed. President Kennedy stated it sounds like do not show it, except for along the excel/decel, in hopes that the fund will be in place for the fee.
Mr. Birlson asked what building materials would be used. Mr. Rettig stated we would adhere to the overlay district, which we have no problem with. We are not there yet, but we cannot move forward with any of that until we have the rezone. President Kennedy stated this is a recommendation from us to the Town Council, who will have the final say. In our Comprehensive Plan, this property is shown as Residential, but US231 is in our commercial corridor and this is also in our TIF District. We also have five neighbors that will not be happy. President Kennedy stated we have been advised that we can request a commitment letter from the petitioner that outlines the use and development of that property. Mrs. Lauridsen stated she had a brief discussion with Attorney Decker on what could be listed in a commitment letter, such as not allowing something like the vegetable cart that has been out there before, and making sure there are specific buffers on the west side between the business and the residential area. She asked Attorney Decker if he would be willing to speak a little more on what could be included. Attorney Decker stated the Zoning Ordinance currently prohibits outdoor sales without a variance. In terms of a zoning commitment letter, it must be in writing and recorded. It would be a written document that is intended to run with the land and be a permanent prescription regarding the land. The commitment can be used to prohibit certain uses or require certain screening, things of that nature.
Mr. Birlson asked if the wetlands would stay on the lot. Mr. Rettig stated we are going to mitigate them on the lots. The lot values are high enough to make them go away since they are not high quality, just large. President Kennedy asked the status of the roadway to Dyer. Mr. Rettig stated the subdivision in Dyer is starting construction now. We presented a sketch that could connect the other developer’s street to the west side of Castle Rock, but he is not designing that entire subdivision right now, just one phase. The likelihood of that road going through is waning due to the wetlands and the cost. Mr. Birlson stated we would like to see that connection to Sheffield to relieve traffic. Discussion followed regarding potential future connections.
President Kennedy asked if lot one could be wider since it backs up to two back yards. Mr. Rettig stated that lot is once acre so it is huge. President Kennedy stated he just did not like a side yard backing up to back yards.
Attorney Vis stated in 2005 when this seven to eight hundred acre site was annexed in to the Town, there was a unique Ordinance that was entered in to between the developer and all of the owners. It broke up The Gates in to nineteen different pods that were zoned a variety of items. In this agreement there was also a prohibition that only one church and one school could be built within these seven to eight hundred acres. Currently there is a school built out and a church built out and Suncrest Church is looking to expand on to the property that they currently own, shown as parcel one and parcel two. We are up against a couple of opportunities for resolution, the first being a modification to the annexation agreement to allow more than one church be built within The Gates. That is a discussion that we are having with the Town Council since that agreement was made between the developer and the Town Council. The second question then becomes how the Commission would like to utilize this particular property. As it stands, this property is part of three different pods that were assessed in 2005. The majority of parcel one is in pod seven, which was originally given an R-2 PUD zoning. Where the dental practice is to the north, about one half to one third of an acre is part of pod seventeen, which was zoned B-2 and R-4 PUD. The remainder is part of pod three, which was granted an R-2 PUD. Attorney Vis stated with how this area is currently zoned, there is not much benefit to the Town for its TIF District. He stated his clients are proposing taking the current quarter acre that is zoned commercial up to about four to six acres worth of commercial, taxable property with two commercial buildings. The remainder of the property would be used for their church expansion. They have been in active dialogue with INDOT who has indicated in writing that they would be granted an ingress that would require some turn lanes. Attorney Vis stated the purpose of bringing this to the Commission is to see the appetite for the change in zoning to C-2.
Attorney Decker stated when The Gates of St. John was annexed, it was done through an annexation agreement and zoning commitment. That document served to annex the land and designate the property as PUD, and then further designated the pods as certain zonings. The zoning commitment had restrictions on certain items, such as only allowing one church and one school. That zoning commitment will need to have approval by the Town Council to allow the addition of a second church. The Plan Commission will consider and recommend to the Town Council amending the zoning in the PUD.
President Kennedy stated one of his concerns is that this area is in the TIF District. Both of the commercial buildings and their parking will be taxable, while the church and its surrounding parking area will be not for profit. Attorney Vis stated he understood from what was just said that the parking needs to be fairly portioned so that any taxing classifications are to the benefit of the Town. President Kennedy stated he understood the benefit of having a religious organization in Town, however we are taking property tax of R-2 away and making it non-taxable within our TIF District. Attorney Vis stated R-2 does not contribute. President Kennedy stated but they do contribute to the tax base for the Town, just not the TIF. Suncrest is a valuable entity in St. John, but it is hard to place it within a TIF District since it will not contribute to it. He stated he understood the two commercial buildings are additional to what would not have been in there, but the tax breakout is unknown. Attorney Vis pointed out the two areas that are currently zoned for commercial use and added that they could speak with a financial consultant to see the difference with the majority of the property now being zoned R-2.
President Kennedy asked Attorney Decker what the next steps would be. Attorney Decker stated he did not know that a public hearing could be held in May, but the Commission is considering the rezone. As stated before, the Commission can require a written commitment as part of the rezone laying out certain provisions. President Kennedy stated we can control if the businesses are for profit. Attorney Decker stated you can make that provision.
President Kennedy stated the current church is commercial daycare and multi-use rooms, and asked if the proposed building will be a larger version of what exists. Attorney Vis stated he did not believe the current church has a commercial daycare. Jamie Ward, Suncrest Church, stated we do not have a daycare onsite. It is strictly used for church services. Attorney Vis stated we want to be a part of St. John and Suncrest is growing. They were approached by the developer that this is a proposed spot for expansion, but there have been hurdles discovered. President Kennedy asked if the church owned the lots. Attorney Vis stated they have for three years. These needed changes were recently discovered.
President Kennedy asked what the plans for the current church are. Attorney Vis stated it would be to find another not for profit entity to take over. Brad Lambert, Business Consulting Team with Suncrest Church, stated we had spoken to the Town and Parks Department in the past regarding that site becoming a community center, but the extent of those conversations are unknown at this time. Attorney Vis stated there is a lot of work to be done here moving forward, but we wanted to get the feel of the Commission in moving forward with this project. President Kennedy stated his concern is the financial impact it could have on the community through the TIF District. He stated he understood that R-2 does not contribute to the TIF, but what is to say that this could not be rezoned strictly to commercial. This area is also within our corridor and is called out as a retail area. He stated he appreciated the increase of commercial in the area, but believed it should potentially all be commercial. Suncrest is a good neighbor in the community, but the idea of this being where it is proposed is not favorable. Attorney Vis stated he had been a part of discussions with a town consultant a few months ago who indicated that there has been public interest in a place to gather communally. He stated he believed what Suncrest is proposing fits two needs as a sense of place and that retail arm that is of broader benefit. Mr. Birlson stated a community center would be open to the public. If this was just Suncrest, residents would not be allowed to use it unless they are a member. Attorney Vis stated each church has their own structure when it comes to that and it is not something that has been dove in to. President Kennedy stated when gathering places are mentioned he believed they were more along the lines of an outdoor gathering place for community events.
Mrs. Cardona stated she would be concerned from a legal standpoint with the zoning commitment and breaking what is currently in place. Attorney Vis stated if we look at the different pods that have been established, all of them have not been followed to the “T” here. Perhaps we should have come in and requested C-2 and not mentioned that we are part of a church, but we are wanting to be transparent and sometimes things are inherited that need to be changed in order to be more palatable to the community. We have the opportunity to amend what was done and create something that, in Attorney Vis’s opinion, is more desirable to the community rather than keeping what is in place that has painted that particular development in a corner. Mr. Gomeztagle asked why Attorney Vis thought this was the right thing for the community. Attorney Vis stated the use of the particular area would add about fifty additional homes, which would contribute to the tax base, but unless carved out of the TIF District would actually be a detriment to the TIF District. This enables retail that fits the master plan that the Town has expressed. Mr. Birlson asked if it would be feasible to add on to Suncrest. Attorney Vis stated there is a lack of room at the current site and with the way it is built out now, they would need to almost create a new building with difficult connectivity and parking has already become an issue.
Attorney Vis stated the additional four to six acres would potentially bring in $175,000 - $225,000 to the TIF District based on a recent development that just passed in Cedar Lake. President Kennedy stated it looks like there is no connectivity to the east and asked if the intersection at US231 would be lit. Attorney Vis stated they did not suggest that, rather two turn lanes as indicated on the plat.
Mrs. Cardona stated she wanted to make the Commission aware that she is also a member of Suncrest but did not believe that her membership would cause her to be impartial.
President Kennedy stated the next step would be to come to the May meeting to discuss this further and then at some point allow the announcement to be made for the public hearing. He asked if any information has been received regarding the difference in taxes between what is there and what is proposed. Attorney Vis stated the numbers he stated were from a recent PUD he got approved in Cedar Lake as well as his experience in seeing the negative impact that R-2 zoning in a TIF District has. Mrs. Cardona stated this is better than what is there now, but it still could be better. President Kennedy stated he believed Attorney Vis was making the point that R-2 does not contribute to the TIF District. Attorney Vis stated it can actually have a financial detriment to your TIF. President Kennedy stated if we are going through the rezone, why would we approve anything other than commercial within our TIF District especially if the current building is going to be another not for profit entity. He asked for someone to look at the financial impact in order to have further information on the difference.
| Bob Birlson | Gena Lauridsen |
| Plan Commission Vice-President | Plan Commission Secretary |
