PORTER COUNTY PLAN COMMISSION

Regular Meeting
April 13, 2005

M I N U T E S

The regular meeting of the Porter County Plan Commission was held on Wednesday, April 13, 2005 at 6:30 p.m. in the County Administrative Center, 155 Indiana Ave., Suite 205, Valparaiso, Indiana.

Those members present were Eric Biddinger, Rick Burns, Tim Cole, Robert Detert, Commissioner Bob Harper, Elizabeth Marshall, Herb Read, Dan Whitten and Kevin Breitzke, President. Staff members present were Robert W. Thompson Jr., Patricia S. Gibson and Attorney Karen Tallian.

Mr. Whitten moved to waive the reading of the March 23, 2005 minutes and approve them as received in the mail. Mr. Burns seconded the motion, which carried on a unanimous voice vote.

At this time, Mr. Thompson read a letter from Bill Rensberger from Davies/Rensberger Surveying requesting a continuance for Case 05-P-5 until the May 11, 2005 meeting.

Mr. Detert moved to continue Case 05-P-5 to the May 11, 2005 Plan Commission meeting with the petitioner re-notifying the neighbors. Mr. Burns seconded the motion, which carried on a unanimous voice vote.

Public Hearing:

At this time, Mr. Breitzke read the rules of conduct for a public hearing.

Case 05-P-4. Petition of First Site Development, 2701 Beech Street, Unit F, Valparaiso, Indiana seeking primary plat approval for Mystic Springs Subdivision to be located on the Southeast corner of CR 550 N. and SR 149 in Center Township, Porter County, Indiana. (To contain 44 lots on 35.11 acres. Property is zoned R-1.)

Todd Leeth stated I am here on behalf of the petitioner, First Site Development. He stated joining me is Bob Palm from Palm and Associates the design professional for the project. He stated as you indicated, Mr. Breitzke, we are here on behalf of a development known as Mystic Springs Subdivision on the southeast corner of SR 149 and CR 550 N. He stated it is immediately south of the Glenwood Hills Subdivision, which lies on the northern side of the intersection of SR 149 and CR 550 N. He stated also


as you have indicated it is zoned R-1 and in Center Township, which provides for single family and the highest density under your zoning ordinance allows for single family. He stated we have provided a colorized version of the layout of the subdivision. He stated not exactly the primary plat but it is at least the layout for discussion purposes in tonight’s hearing and it is on the board. He stated the subdivision will be provided with sanitary sewer by South Haven Sewer Works and with drinking water by Indiana American Water Company. He stated those letters are on file with the Plan Commission office. He stated there are two types of existing features that I would like to call to your attention. He stated first the property is bisected in a generally north to south manner with a NIPSCO power line easement, but it is really not an easement. He stated it is fee ownership. He stated it is 150-feet wide and is along the eastern portion of the property and you can see that on the drawing that we have shown. He stated the second type of feature on this 35 acres is wetlands. He stated the owner has contracted with Soil Solutions. He stated Mr. McQuestion has identified two wetland areas and a jurisdictional stream on the property. He stated those two small pockets of wetlands are in this area and then there is a jurisdictional stream that cuts through the southern portion of the subdivision. He stated those wetlands have been, as I have indicated, privately delineated by Mr. McQuestion. He stated that delineation was submitted to the Army Corps of Engineers and on February 24 they accepted Mr. McQuestions delineation. He stated the subdivision drawing protects those wetlands in an open space parcel in that southwest corner of the subdivision and there is preservation easements over the jurisdictional stream. He stated in addition to those wetlands, which are approximately an acre and a half in size total including the stream the developer is proposing to create or restore an additional acre and a half of wetlands in that same vicinity surrounding and including those existing wetlands. He stated so we are going to have in that southwest parcel about three acres of wetlands when the project is all completed. He stated the need for that creation of the additional wetlands does not rise from any work that the developer is proposing with regards to specifically to Mystic Springs Subdivision. He stated we also are providing for open space. He stated as you well know, the Porter County Code was amended to adopt an Open Space Ordinance. He stated because of the existence of the natural features a defined term under that ordinance amendment, we are required by your code to set aside 20% open space and this proposal has 23% open space or 8.8 acres of open space. He stated that open space will be utilized in a passive recreational type. He stated we will be creating a basin for storm water management and we will be providing for some pathways in that area and around that basin as well. He stated your Open Space


Ordinance allows the developer to take advantage of an intensity bonus, which would allow for lot sizes to be reduced to 8,000 square feet in order to compensate the developer for the 23% set aside. He stated in the Mystic Spring Subdivision that we are proposing to you there is no utilization of the intensity bonus, so therefore, each of the lots within the subdivision meet the minimum standard 11,000 square foot size that the R-1 zoning district would otherwise require without resorting to the intensity bonus that we could have taken advantage of. He stated the drainage system for the development essentially there is a significant watershed to the east that flows through these 35 acres and not surprisingly it flows right through the jurisdictional stream in the southern portion. He stated that will continue to flow in its natural state after the development of the proposed subdivision as it does today. He stated without any hindrance or management. He stated the water will simply to continue to flow through the subdivision unhindered and untouched. He stated the water that is generated and of course that is kind of an oxymoron because we are not generating water but there will be less absorption and more storm water management required due to the development of the subdivision. He stated that impact will be taken care of with a new detention basin in this area. He stated that basin has sufficient storage to capture the 21 acres of developed area within the 35 acres overall of the subdivision and will then be outletted to the west as the water would naturally go today in its undeveloped state after it is held back. He stated it will be captured with swales and storm sewer throughout the subdivision and carried to that basin and metered out in its measured rate not increasing the rate of flow before the predevelopment rates that have been calculated by Mr. Palm and his organization. He stated the Drainage Board has reviewed the drainage plan in concept and on March 14 accepted the subdivision preliminarily as a regulated drain. He stated lastly the streets within the subdivision comply with the design standards for Porter County improvements. He stated we are proposing that each of the streets will be public and maintained by the county in the future. He stated there will be sidewalks within the subdivision, which is something somewhat unique in county unincorporated subdivisions. He stated in each instance the subdivision that we have proposed meets the Subdivision Control Ordinance, the Open Space Ordinance and no variances are required.

No one spoke in favor of this petition.

Jim Turner stated my address is 270 W. 550 N. He stated my wife and I have the ten acres just east of this new development. He stated what I see there I have no objection to. He stated the only questions I have is to make sure that it is single family


dwellings and there is no future proposals for duplexes and they will be stick built homes onsite. He stated also to make sure that the water that is back there now will continue to flow as it does right now because we have a pond back there and the water comes from the farm field south of us and down through our pond and we want to make sure that this is not going to be hindered and cause us any problems back there. He asked if there is a proposal on the property line between this subdivision and ours for any type of fencing, privacy or trees or shrubs?

Connie Turner stated I have nothing to add.

Mr. Leeth stated I had an opportunity to visit with Mr. Turner prior to the commencement of tonight’s hearing. He stated as I understand Mr. Turner has a ten-acre parcel immediately to the east of the subdivision. He stated there are no proposals for any screening or fencing. He stated that is not required under your ordinance and we typically don’t screen between two, in my opinion, comparable uses, in this case single family. He stated second of all we can all take comfort in the fact that it will be single family because the zoning is R-1 and we are not asking for any zoning changes and none are proposed. He stated this is a single-family subdivision and without a zoning change no one could place a duplex on any of these lots. He stated lastly the stick built nature of the construction, my clients have instructed me to provide for restrictive covenants that prohibit modular construction or manufactured type of construction. He stated my clients are homebuilders so we are pretty sure that this is not going to happen. He stated I can assure the Plan Commission that my clients have absolutely no intention of asking for a zoning change for duplexes.

The public hearing was then closed.

Mr. Whitten stated I have no questions.

Mr. Burns stated CR 550 N. is a high traffic area. He stated I am concerned about turning lanes. He asked how wide is that turning lane.

Mr. Leeth stated the turning lanes and the entrance plan was a matter of some discussion at TAC and I think that Mr. Palm can elaborate on this. He stated between Mr. Palm and Mr. Schelling they worked on that specific issue.

Mr. Burns stated there is a lot of traffic coming off of SR 149.

Mr. Palm stated right now the design that we have meets the


county standard for the length and width. He stated Mr. Schelling contacted the State Highway Department for comments. He stated he thought it might be a good idea to extend that turn lane to SR 149.

Mr. Detert stated I have no comments.

Mr. Cole stated I just have a few questions. He stated other than that it looks pretty good. He stated looking at this from SR 149 I see some suspicious red dirt on the northeast side of that wetland area, which indicates to me some deep springs occurred in that area at one time. He stated at one time that was a very significant wet hill above the wetland delineation there. He stated just as long as someone is aware of that and checks it out and make sure that those springs have dried up to the extent that no one is going to get a wet basement ten years down the road. He stated another concern that I have is that sooner or later the State of Indiana is going to recognize the need for extending SR 149 to Hwy 30 and I have a hunch that at that time they are going to widen SR 149 to four lanes. He asked what is going to happen to those people on the west side. He stated there are going to be some lots that will be affected. He stated I hope you have a plan a contingency. He stated maybe those people will sell for such a dear price that they would be happy to buy those lots now with the aspect of having SR 149 in their backyard. He stated I just wanted to know if that has been taken into account. He stated hopefully, NIPSCO doesn’t mind you extending that road across their fee simple title through there.

Mr. Leeth stated I believe Mr. Palm has been in contact with NIPSCO. He stated it is not uncommon for them to allow it to happen. He stated I have represented many developers…as long as you don’t provide for any parking underneath their lines they are generally accommodating.

Mr. Palm stated the owners have discussed that and they have a form from Mr. Thompson regarding the proper form.

Mr. Cole stated there is a little bird in the bush that says the area east of Mr. Turner is going to be developed shortly. He stated I hope that this is also going to be R-1.

Mr. Breitzke asked what is the right-of-way from the centerline of the pavement over to the lots? He stated I think it should be at least 50-feet.

Mr. Palm stated it is at least 50 feet and it does widen out in some spots there. He stated it has a minimum of 50 feet and wider.


Mr. Breitzke stated your comment was a good one Tim but the highway officials had anticipated this a long time ago and had acquired quite a bit of right-of-way.

Mr. Read stated I think our staff report described this as urban fringe area, which is not quite correct because the nearest incorporated area is where? He asked if South Haven was incorporated yet?

Mr. Leeth stated it is not incorporated.

Mr. Read stated urban fringe is generally described as an area close to or adjacent to an urban area and an urban area is generally described as a town or a city with the possibility that some years down the line it would be annexed into part of the city. He stated actually you are fringed to urban sprawl, existing urban sprawl. He stated there is not much we can do about that. He stated it is already there. He stated the next question is do we want to go a little bit further with the urban sprawl or the far out area. He stated the thing I think that is very much in your favor is the sewer and water. He stated I have made my views known before on that particular subject. He asked on the open space who will be owning and managing the open space?

Mr. Leeth stated the Property Owners Association.

Mr. Read stated you have the option of either making it or restricting it to the house owners, property owners and their guests or you can always open it up to the public if you want to. He stated I think that and we should make this true for all of these things that come up and that this land, in this case mostly wetland, cannot be built on in the future no matter what. He stated I would like to see the Property Owners Association rules and legal description submitted to the Plan Commission attorney for review to see if it is consistent with our Open Space Ordinance. He stated the whole purpose is that it is to remain open in perpetuity. He stated with the definition of the wetland we also have some requirements and definitions in our own open space, which may be somewhat more restrictive than the Corps of Engineers. He stated I ask you to go through our Open Space definition of wetland and make sure that there is no conflict there. He stated not just conflict with the Corps of Engineers or conflict with the State or conflict with the Federal definition. He stated see if there is any conflict with our own county open space description of wetland. He stated you have some very steep slopes on that site. He stated it would take a very creative designer to handle that, which I presume you can get. He stated I am glad to see sidewalks included. He stated I am very glad to see 23% open space. He stated you have a few


minuses but some significant pluses.

Mrs. Marshall stated in your notes here No. 7, you say that the contours shown are from a plat of survey prepared by Davies/Rensberger. She asked did you in these offsite contours consult the USGS Topo maps?

Mr. Palm stated anything we are showing on the primary plat if you are looking at sheet 2 is from Rensberger Survey and also we have verified those on site.

Mrs. Marshall asked do we send notices to the City of Valparaiso about these subdivisions that could be in fact some time in the future be…the city is looking to expand. She asked do they get a notice? She stated at one time we had a study group that showed the corporation between the county and the city for development. She asked if that was still being done?

Mr. Thompson stated they receive our agendas and any time anyone comes in as far as developments where they are going to be extending services the City of Valparaiso becomes very much a part of the review process with the County.

Mr. Leeth stated we also provided notice to the Valparaiso Fire Department because this is Center Township and they service this subdivision for fire protection and they did receive notice as well.

Mrs. Marshall stated another thing I would like to talk about is lot 44. She stated 1.798 acres. She stated I don’t see where sewers have been extended to it and I don’t see a driveway, unless you are looking at the field entrance to that corner. She asked could you explain why that isn’t included?

Mr. Palm stated lot 44 would have access off of the State Highway and would require a highway driveway permit. He stated we can’t access it any other way. He stated the contours and the wetlands prevent us from doing that. He stated any sewer connection would be made most likely with an on site individual rider pump to pump to the sewer system.

Mrs. Marshall stated a grinder pump that would…

Mr. Palm stated it would be an individual pumping station for that particular house.

Mrs. Marshall asked to be pumped over where these lots are?

Mr. Palm stated yes.


Mrs. Marshall stated it is not indicated on this map.

Mr. Palm stated we wouldn’t show individual service lines. He stated that would be a private line.

Mrs. Marshall stated that is a field entrance there to that lot. She asked are you going to contact the State to see that you get a driveway permit off of SR 149?

Mr. Palm stated that would be absolutely necessary.

Mr. Breitzke stated we had some discussion about that and there is a very good possibility that the State is not going to give them access for a private residence. He stated they grandfathered the field crossing and it is hard to say what the State’s disposition is going to be or what they are going to require as far as additional pavements for decel and accel and those kinds of things. He stated it could be a very expensive lot to develop in the long run. He stated I think that they just wanted to hold it in reserve for the time being.

Mrs. Marshall asked has the State reviewed this?

Mr. Leeth stated not yet. He stated if the State were to be contacted it would be by virtue of some kind of permit application. He stated we simply don’t have a buyer for lot 44 who would have an indication as to what their proposal is and will not contact the State until we have that and then we will find out if that is a buildable site. He stated if not then it will simply become 1.7 acres more of open space.

Mrs. Marshall asked with the NIPSCO fee ownership for this have you approached NIPSCO to work out the fact that you are going to cross here with the road.

Mr. Leeth stated I don’t know if we have contacted NIPSCO.

Mr. Palm stated we have a preliminary agreement to do exactly what we showing here.

Mrs. Marshall asked you have no approval or agreement from them as far as doing it.

Tim Chesna stated I live at 550 E. 150 N., Valparaiso. He stated we do have a formal agreement with NIPSCO and we are actually giving them some other property. He stated there is absolutely no problem crossing the property.

Mrs. Marshall asked who is going to maintain the NIPSCO easement?

Mr. Leeth stated NIPSCO will continue to maintain it.

Mrs. Marshall asked is this in the territory of the South Haven sewer plant?

Mr. Leeth stated yes that is true.

Mrs. Marshall stated I see you omitted showing the guardrail along SR 149. She stated since it is there it should be shown.

Commissioner Harper stated I remember 14 months where virtually every subdivision that came in front of us was simply house after house unless there was a real high dense subdivision there wasn’t provision for green space and so forth. He stated I realize in this one that the wetlands would have had to been dealt with whether there was a green space ordinance or not. He stated it was a battle getting the green space ordinance passed. He stated so here we are 14 months later and we have something like this come up in front of us and we are going to have future subdivisions with the green space coming in front of us. He stated it is such a drastic change to look at this from what we looked at before and there has been a lot of changes at the Plan Commission since that time. He stated I hope that now when these people come and try to work with this ordinance that we try to work with them.

Mr. Breitzke stated this was consistent with our Comprehensive Plan. He stated we do define a large part of this as urban fringe in the Comprehensive Plan that we put together and by coincidence where that wetland is that is in the conservation development area so everything is kind of in sync with the proposals and thought process’s as we spent several years putting the comprehensive plan together.

Mrs. Marshall asked would you reveal who First Site Development is?

Mr. Leeth stated they are local individuals. He stated Mr. Chesna and Mr. Zimmer are two of the principles of the company and they are present here tonight.

Mr. Burns moved to approve Case 05-P-4 for primary plat. Mr. Detert seconded the motion, which carried on the following ballot vote:

Burns - Yes Detert - Yes Harper - Yes
Cole - Yes Marshall - Yes Read - Yes
Whitten - Yes Breitzke - Yes


At this time, Mr. Biddinger joined the meeting.

Case 05-Z-6. Petition of Porter County Development Corp., 251 Indiana Ave., Valparaiso, Indiana for a proposed amendment to the Master Plan to rezone a parcel of land from I-2, General Industry to I-1, Light Industry to be located on the East side of Sturdy Road between Penna Hill Road and the former Pennsylvania Railroad in Center Township, Porter County, Indiana.

John Magurean stated I am representing Porter County Development and I am an officer in the Corporation. He stated our offices are presently at 251 Indiana Ave. He stated we own the 4.34 acres were Woodside Medical Center is located. He stated part of it is north of Comeford Road and part of it is south of Comeford Road all on the east side of Sturdy Road. He stated we would like to build a new office for ourselves on the parcel of land that is south of Comeford Road. He stated this property from 1974 until 1983 was zoned I-1 and under the Plan Commission ordinance in 1983 got rezoned to I-2. He stated I-2 zoning does not permit parking in the front and we would desire to have parking in the front so we are asking the Plan Commission to downzone it from I-2 to I-1, which would allow us to have parking the front. He stated we do want to construct an office building there. He stated this would be a benefit for the county. He stated we would also have to run city sewers from the rear entrance on Comeford Road to Wal Mart approximately one-half mile to our site.

No one spoke in favor of this petition.

Mark Good stated I live at 229 S. 75 E., Valparaiso. He stated I am here with Dr. Gupta who owns the parcel next to Dr. Ailes office. He stated we are just here for information and I am interested in as far as the sewer portion of this. He asked did you say you are going to bring sewers to your parcel?

Mr. Magurean stated yes. He stated we have talked to the City and we will be petitioning them to get permission to bring the city sewer from Wal Mart. He stated we have had the engineering done and the only requirement was that it would be a gravity sewer and it will be. He stated it meets the city’s requirements and we have agreed to do that.

The public hearing was then closed.

Mr. Whitten stated I have no comment.

Mr. Burns stated I have no problem with this.

Mr. Detert stated I have no problem with this.

Mr. Biddinger stated I have no comment.

Commissioner Harper stated I would like to say that I am familiar with this because the road situation has been in front of the Commissioners and there was a lot of time spent on this especially by Commissioner Knoblock working with the Highway Department and so forth. He stated we have worked everything out and I think we did it based on the fact that we thought they were able to make a site that probably wasn’t usable, usable and it is going to add to the tax base and it is commercial use. He stated after all was said and done we voted and proposed what they wanted to do with the roads and so forth.

Mrs. Marshall stated I have nothing to add.

Mr. Read stated my initial thought was what do you do with that road. He asked if they are going to straighten that out?

Mr. Magurean stated yes.

Mr. Cole stated my concerns were addressed about the road issue.

Mr. Cole moved to forward Case 05-Z-6 to the Board of Commissioners with a favorable recommendation. Mr. Burns seconded the motion, which carried on the following ballot vote:

Biddinger - Yes Burns - Yes Detert - Yes
Harper - Yes Cole - Yes Marshall - Yes
Read - Yes Whitten - Yes Breitzke - Yes

This case will be heard by the County Commissioners on May 17 at 6:30 p.m.

Mr. Breitzke stated we have a few other matters to come before the Commission. He stated first we have the two “Findings of Fact” for last meetings cases. He stated we will begin with the petition of James Blum, Case 05-P-3.

Mr. Whitten moved to adopt the Findings of Fact as presented here before us tonight for Case 05-P-3. Commissioner Harper seconded the motion.

Mr. Breitzke stated the only suggestion that I have is in the verbiage. He stated we are doing rezoning on another case and this is for primary plat. He stated this needs to be changed in the second line in the first paragraph.

Mr. Whitten moved to amend his motion to read as follows:




Mr. Whitten moved to accept the Findings of Fact for Case 05-P-3 with the correction of the verbiage to say primary plat. Commissioner Harper seconded the motion, which carried on a unanimous voice vote.

Mr. Breitzke stated the next Findings of Fact is for the rezone for Mr. Freyenberger, which we made a recommendation for denial.

Commissioner Harper moved to accept the Findings of Fact that have been presented to us for Case 05-Z-5. Mr. Whitten seconded the motion, which carried on a unanimous voice vote.

Mr. Breitzke stated next on our agenda we have some information for a Smart Growth Conference that Mr. Thompson handed out that will be held at Sunset Park.

Mr. Breitzke stated Bob forwarded some information about Chicago Wilderness. He stated it is an organization that I am involved with through the Northwest Regional Plan Commission and with the Environmental Management Policy Committee. He stated currently they have memberships at no charge and in view of some of the directions that we are taking it seems like it would be a good organization to participate in.

Mr. Read moved to have the Porter County Plan Commission join the Chicago Wilderness Organization. Mr. Biddinger seconded the motion, which carried on a unanimous roll call vote.

Mr. Breitzke stated I just passed out a letter from Keith Laiken who is a large property owner and developer from the Jackson Township area. He stated he had some concerns about Jackson Heights Subdivision Unit C and maybe the practices in the county. He stated this is an older subdivision and it had a preliminary plat that was renewed at least once. He stated they just commenced construction on this phase of it. He stated the new erosion control ordinance that was just signed requires the detention facilities to be put in. He stated likewise Mr. Laiken wanted to express his concern because Farm Bureau has a position adopting storm water ordinances of which we are beginning to assimilate into our new codes beginning with erosion control. He stated we also need to do post construction control. He stated we will be doing illicit



discharge of some nature. He stated storm water ordinance we have a very fundamental one in our ordinance but we need to expand upon that and as we are addressing the ordinances, which we just began this last week we should have quite a few of his concerns considered. He stated also as the developer goes along the infrastructure is bonded and the things will be built. He stated it is just the sequence of things and also when they chose to start their construction. He stated they started home construction in the fall through the winter and it wasn’t conducive to a lot of the other infrastructure that is being proposed. He stated this is all coming in.

Commissioner Harper stated I think we should stop it.

Mr. Breitzke stated if we stop them we are going to be stopping a lot of people.

Commissioner Harper stated it seems to me that we should be doing something about this.

Mr. Detert stated I think we ought to stop issuing building permits until they get the work done.

Commissioner Harper stated that is what I think too.

Mr. Thompson asked can we put this on the agenda for next month? He stated I haven’t been up there to confirm it. He stated I have been talking to the Engineering Department on this and there is $20,000 left in the bond. He stated they do have as-builts as far as the storm sewer and that was given to them by Duneland Group the engineer for them. He stated I asked Duneland Group if they would stake the pond and they said yes, but they are done out of it and they couldn’t confirm to me that it was built. He stated I personally want to go up there to find out if it has been built. He stated the developer has been making withdrawals from the bond and when I heard about this from Mr. Laiken I did call the Engineering Department and told them no more withdrawals from the bond.

Commissioner Harper stated it is either important or it isn’t important. He stated we either control silt and runoff of water or it is not important. He stated it is one of the two. He stated if it is not important why do we


even pass the ordinances. He stated the little bit that I have learned since I have been here is that good developers get their detention pond built first.

Mr. Breitzke stated not all of them do. He stated there are different practices and different reasons. He stated we are adopting new policies. He stated we have some guys that are on the old rules. He stated if you start making up the rules as you go we can find ourselves in problems too. He stated I agree with you from a standpoint of improving the overall situation.

Commissioner Harper stated I see a little difference between coming up with a new rule that says green space which is asking people to give things and we will work it through it and coming up with a rule to say just good building requires you to get your detention pond done before you start building homes and doing all of this other stuff.

Mr. Breitzke stated I think we have to investigate a lot more about what is going on. He stated just to be fair to all parties concerned.

Mr. Read stated if Mr. Laiken is right that these things are happening whether we have an ordinance on runoff control or not is just common sense to stop a guy if he isn’t following the rules.

Mr. Breitzke stated we are introducing new rules because we are dissatisfied with the old rules. He stated the thing is some of these people are working under the old rules and as quickly as we can and barely implement and lawfully implement these rules that is one thing we want to watch.

Mr. Read stated in Mr. Laiken’s letter he says that water runoff is going on and he doesn’t know where the trees and the stumps and the earth is going to be moved off site. He asked you mean to tell me that we don’t have any rules on the old rules.

Mr. Thompson stated as far as construction for infrastructure in a subdivision we do not have any phasing requirements.


Mr. Read stated I think that we should look into this and if Mr. Laiken is right then we should not issue any more building permits and maybe even put the existing permits on hold until this is settled.

Mr. Breitzke stated beware that there may be other subdivisions to follow.

Mr. Thompson stated we have no public hearings applied for for the April 27 meeting.

Mr. Detert moved to cancel the April 27, 2005 meeting. Mr. Whitten seconded the motion, which carried on a unanimous voice vote.

Mr. Detert moved to have staff look into the drainage in Jackson Heights Subdivision Phase C and also be given the authority to take whatever action that we can under the ordinance to stop what is happening if Mr. Laiken is right. Commissioner Harper seconded the motion, which carried on the following roll call vote:

Biddinger - No Burns - Yes Detert - Yes
Harper - Yes Cole - Yes Marshall - Yes
Read - Yes Whitten - Yes Breitzke - No

There being no further business the meeting adjourned at 7:45 p.m.


PORTER COUNTY
PLAN COMMISSION


Kevin Breitzke, President

Attest: Robert W. Thompson Jr. AICP, Executive Director/County Planner