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PORTER COUNTY PLAN COMMISSION
Regular Meeting M I N U T E S The regular meeting of the Porter County Plan Commission was held on Wednesday, March 28, 2007 at 6:30 p.m. in the Porter County Administrative Center, 155 Indiana Avenue, Suite 205, Valparaiso, Indiana. Those members present were Rick Burns, Tim Cole, Robert Detert, Commissioner Bob Harper, Todd Hutson, Elizabeth Marshall, Herb Read, Rita Stevenson and Kevin Breitzke, President. Staff members present were Fred Siminski, Attorney Scott McClure and Patricia S. Gibson. Mr. Burns moved to waive the reading of the March 7, 2007 minutes and approve them as received in the mail. Mr. Detert seconded the motion, which carried on a unanimous voice vote. Mr. Breitzke stated there is one correction that being the March 7 meeting was not a special meeting but a regular meeting. Mr. Burns moved to waive the reading of the March 8, 2007 minutes and approve them as received in the mail. Mr. Detert seconded the motion, which carried on a unanimous voice vote. Mr. Breitzke stated we have received a letter from Todd Leeth of Hoeppner, Wagner & Evans concerning Yellowstone Development. At this time, Mr. Breitzke read the letter from Mr. Leeth asking for a continuance till the June 13, 2007 meeting. Mr. Detert moved to continue Case 07-FP-3 to the June 13, 2007 meeting. Commissioner Harper seconded the motion, which carried on a unanimous voice vote. At this time, Mr. Breitzke read a letter from Dean Bucher asking for a continuance for Case 07-P-2 till the April 25, 2007 meeting. Mr. Burns moved to continue Case 07-P-2 till the April 25, 2007 meeting. Mr. Detert seconded the motion, which carried on a unanimous voice vote. Commissioner Harper stated there are three things that I would like to address and I think Commissioner Knoblock would like to have us address before we start tonight so it doesn’t get too late in the evening. Those three things are the report on Rose Gray by Bob Detert, a little discussion on Falling Waters
Mr. Detert stated on Rose Gray’s property what we saw out there was…her property naturally slopes from the west to the east. The house to the west of her and a little behind her runs water towards her and always did. What is happening now with the subdivision that went in there, she claims that the ground level was built up and it stops at her fence line and it starts moving down towards the roadway, Division Road. Her barn has had water in it and her barn sits only a few feet from the fence line so that is a little bit of a problem. It was there before the subdivision. She is draining her own water from her barn right into where this water is running. So I don’t think that is helping either. In my opinion she does have a problem. Commissioner Harper stated one of the other problems that she had was along the west line of Autumn Oaks people had their sump pumps running out over her land. Has that been corrected? Mr. Detert stated not that I know of. That is one of the things that we are going to put in our final report. We need to take a deeper look at how sump pumps exit homes and where that water goes. Commissioner Harper stated what went wrong for this to happen. I don’t want to see that situation happening again. Do we need to have DLZ inspect these places? Mr. Detert stated that is what we should do. We are planning on recommending that the Board put in ordinance form some way to carry the sump pump water away where it doesn’t affect anybody. Commissioner Harper asked don’t we have some control, especially in our new ordinance once it gets passed, that you can’t build a home higher than another home. Don’t we have some control in the ordinance on levels in subdivision. Mr. Breitzke stated yes we do. Commissioner Harper stated when DLZ gave on of their presentations in front of us they said that there are certain areas where the cities and towns ask us to go back in and do one, two and three inspections as part of this whole package and we charge the builder for that. I would like you to at least find out about that so you can report back to us on that. Mr. Detert stated to cover the Rose Gray situation a little
Mr. Detert stated in Fox Chase Farms the people that are against the farmer, Mr. Dzur, are running their sump water right to his field. They put all their wells in the backyard when they could have put them in the front and now that farmer cannot use part of his property for farming because they are afraid he will contaminate the wells and he uses manure for fertilizer. I don’t think that is quite fair that a farmer has to leave part of his property vacant because somebody built a subdivision. Mr. Breitzke asked Mr. Hutson to address that for us from the Extension standpoint. Mr. Hutson stated there is the right to farm; however, I think the issue is that they put the wells on the back of the property so he has to maintain a buffer to the well. He is doing the right thing. It doesn’t sound like the subdivision wasn’t taking consideration to their neighbor when they actually put the wells back there. Commissioner Harper asked Mr. Hutson that maybe he could look and find if there are some ordinances that have addressed that so we could protect these farmers in the future. Commissioner Harper stated the next is Falling Waters. There have been people and calls coming in here from Falling Waters. I am going to pass down some photographs. There are obvious road problems out there, obvious drainage problems. I am told that when people come in here and I am concerned about our Building Department and everything that goes on that everybody is told that there is nothing we can do. They had a fire out there and they didn’t have water pressure. There is contractor debris lying around the property. They have portable toilets in the roadway. The last picture that I am going to show is a house that is so low that it has water virtually almost draining into it. They have homes that look like they are not finished out there. Someone also told me that they cannot get an okay for hook-ups. Is that correct or not that the water company won’t give them the okay for hook-ups Mr. Breitzke stated no the only issue is first the water pressure we have investigated that immediately. There were erroneous reports connected with that. There was some confusion too. To begin with the 911, Vontage is the telephone provider and didn’t properly call the right responder. 911 had not checked into who was to respond. They put a pumping station for
Commissioner Harper stated the Fire Department still haven’t got their money yet that they were promised when this subdivision went through. Are we still issuing permits out there? Mr. Breitzke stated as far as I know. There is not a moratorium. Commissioner Harper asked who decides to release bonds? Mr. Breitzke stated the County Commissioner releases the bonds. Commissioner Harper asked is it true that these roads are in the condition that these pictures show? Mr. Breitzke stated these are not our roads for the most part but they are bonded just the same. Yes, they are in the condition that the pictures show. Commissioner Harper moved to put a moratorium on building permits and to have Bob Detert and his committee to go out there and investigate this with two thoughts in mind; 1) what can we do about what is going on 2) how can we make sure that this doesn’t happen again. Mr. Breitzke asked do you want their representatives here at the next meeting? Commissioner Harper stated I think we should have them here. I don’t think we should be issuing building permits in that place right now. Mr. Breitzke stated if someone buys a lot in this subdivision we are stopping them from getting a building permit. The developer and some of the other home builders have crossed the fenced here. Do we stop you from securing your building permit for the next couple weeks until we see if we can resolve this first. Commissioner Harper withdrew his motion.
Sagamore Subdivision will be put on the April 11, 2007 agenda. Timberland Subdivision will be put on the April 11, 2007 agenda. Old Business: Case 07-DP-2. Petition of Chuck Bellar, HECO, Inc., 288 W. 1050 N., Chesterton, Indiana seeking development review for a 15,600 square foot building and parking expansion, to be located at 288 W. 1050 N., in Liberty Township, Porter County, Indiana. John Sturgill stated I am with McMahon and Associates and I am also accompanied here this evening with Chuck Bellar of HECO and Mark Babcock of Chester, Inc. We are seeking a site review for this project, which is a building expansion of an existing facility. This is the second phase of development on this parcel. We are proposing 15,600 square feet of additional building. We have been to DAC and we received some comments from the technical review. We have addressed those comments in the entirety. Commissioner Harper stated I have no questions now. Mrs. Marshall asked is this in the area where Chesterton is attempting to annex. Mr. Bellar stated we have never been notified of any annexation. Mrs. Marshall asked are you going to use Portage sewer and water. Mr. Bellar stated Portage sewer, but we have a well.
Mr. Bellar stated the property to the south of this is zoned by a company called XL Fox. It is located on SR 149. Mr. Read asked do you know what this property is zoned? Mr. Bellar stated no. Mr. Read asked does all your water stay within you property. Mr. Sturgill stated yes. Mr. Cole stated how close does the ditch come to the back of your property. Mr. Bellar stated there is sixteen acres that is vacant back there now. Mr. Cole stated so there is no encroachment on that ditch. Mr. Bellar stated no. Mrs. Stevenson stated I have no questions. Mr. Hutson asked what do you do? Mr. Bellar stated it is a machine shop. Mr. Hutson asked how many employees do you have? Mr. Bellar stated it varies between 50 and 60. Mr. Detert stated I have no questions. Mr. Burns stated I have no issues with this. Mr. Detert moved to approve Case 07-DP-2. Mr. Burns seconded the motion, which carried on a unanimous roll call vote. Case 07-DP-3. Petition of Angelcrest, Inc., c/o Martin Moeller, President, 104 Roosevelt Road, Valparaiso, Indiana seeking development review for an addition to an existing cemetery maintenance building, to be located at 180 E. 600 W., in Center Township, Porter County, Indiana.
Mr. Burns asked is the exterior of the building going to match the existing exterior. Mr. Moeller stated yes it will. Mr. Detert stated I don’t have a problem with this. Mr. Hutson stated I have no questions. Mrs. Stevenson stated I have no questions. Mr. Cole stated I have no questions. Mr. Read stated I have no questions. Mrs. Marshall stated I have no questions. Commissioner Harper stated I have no questions. Mr. Burns moved to approve Case 07-DP-3. Mr. Detert seconded the motion, which carried on a unanimous roll call vote. New Business: At this time, Mr. Breitzke read the rules of conduct for a public hearing. Case 07-Z-3. Petition of Robert Sands, 129 S. Smoke Road, Valparaiso, Indiana for a proposed amendment to the Master Plan to rezone a parcel of land from AG, Agriculture & Open Space to RR, Rural Residential for a proposed one (1) lot subdivision to be located at 2 E. 150 s., in Morgan Township, Porter County, Indiana. Donald Bengel stated I am representing Mr. Sands. Our petition is to rezone the southeast corner of CR 150 S. and Smoke Road. It is a 2.1 acre site and we want to do a one lot subdivision. There is a culvert coming down between lots 6 and lot 7 in Morgan Manor and that drainage way extends straight south. The drainage in this area goes down to what we are going to preserve as a drainage easement. Soil borings have been done for septic. Access would be off of CR 150 S. and not off of Smoke Road. No one spoke in favor of this petition.
The public hearing was then closed. Commissioner Harper asked why didn’t you do a ten acre. He asked was there some discussion with staff on this. Mr. Bengel stated he didn’t want to give up all of that farm ground and he is basically giving up that corner. Mrs. Marshall asked where the other lots done as metes and bounds. Mr. Bengel stated yes.
Mrs. Marshall asked you are doing one lot on this entire property on the corner. Mr. Read stated on the open space area, I presume you are going for the 10% rule. Mr. Bengel stated yes. Mr. Read asked where does the water go when it goes south/ Mr. Bengel stated on the Sands farm. Mr. Cole stated I have no questions. Mrs. Stevenson stated I have no questions. Mr. Hutson stated I have no questions. Mr. Detert stated I have no questions. Mr. Burns asked are these ten acre parcels subdivided already? Mr. Bengel stated Mr. Sands owns them but they are all in ten acre parcels. Mr. Burns asked are you going to subdivide further? Mr. Bengel stated no. Mr. Detert moved to recommend approval for Case 07-Z-3 and forward this to the County Commissioners. Mr. Cole seconded the motion, which carried on the following ballot vote:
Burns - Yes Cole - Yes Detert - Yes This case will be heard by the Board of Commissioners on May 1, 2007 at 6:00 p.m. Case 07-Z-4. Petition of Robert A. Barker, 705 W. SR 2, Hebron, Indiana for a proposed amendment to the Master Plan to rezone a parcel of land from AG, Agriculture & Open Space to C-4, General Business to be located on the North side of SR 2 between U.S. Hwy 231 and Lake/Porter County Line Road in Boone Township, Porter County, Indiana. Robert Barker stated I am here for a rezone request for a piece of property that I have. My wife and I own an automobile collision repair facility at 705 SR 2 just south of Hebron, Indiana. It is located just west of the intersection of U.S. 231 and SR 2. The zoning across the street from my business on the south side of SR 2 is I-1. At the border of U.S. 231 and going west there is an empty lot and Tom’s Tire and Used Car Sales business and a farm implement sales and then an empty lot. This is also zone I-1. On my side, the north side of SR 2, going east to west is an old gas station that has not been used for many years is now a car lot and then my business. Also, the southeast corner is zoned C-4 but is currently used for farming. North of us is the clinic operated by the Porter Hospital and a little north of that is Jim’s Auto Repair facility. At the corner of CR 900 S. and U.S. 231 is the cemetery using both the west corners of the intersection and on the northeast corner of CR 900 S. and U.S. 231 is an ATM Bank machine and then a used car lot. If the rezone request is approved it is my intention to build a new building at some point on this land. This addition to the business will be used for storage and will provide additional parking room. Presently, we have to move vehicles between repair facilities and outside each morning and evening to provide enough working room and in the repair building. It would be advantage to the community if we would not have to store wrecked vehicles outside even just during working hours. There will be no long time storage in the building. No one spoke in favor of this petition. Liz McQuen, 720 W. SR 2. I am wondering how far is this property going to come over this…is it all the acreage of the old farm. Mr. Barker stated it is an acre and a half.
The public hearing was then closed. Mr. Burns asked if this is approved will this be under the new zoning CH. Commissioner Harper stated it won’t be approved tonight. Tonight will be a recommendation. The new ordinance hasn’t been approved yet. Mr. Burns stated I was down there today and this fits the area. Mr. Detert stated this will be an improvement for the area. Mr. Huston stated I have no questions. Mrs. Stevenson stated I have no questions. Mr. Cole stated my problem would only be if we were to approve the rezoning and this did not become an extension of your building that perhaps another business went in on there. I would just want to stipulate that any motion made to approve would include the fact the contingency that this is an extension of the existing building on the site. Mr. Breitzke stated what he is asking for is a written commitment that our Director can get together with you on that. You need to do that prior to the Commissioners hearing. Mr. Read stated I have no questions. Mrs. Marshall asked what size is the building. Mr. Barker stated probably 60 x 80 or it could be a little longer. Mrs. Marshall asked are you planning to have this built by somebody like FBI. Mr. Barker stated yes. Mrs. Marshall stated I don’t think that we can by motion deny him…he is coming here for a rezoning. We can’t tell him what to do with it. Commissioner Harper stated I have no questions.
Mr. Detert moved to recommend approval for Case 07-Z-4 to the County Commissioners. Mr. Burns seconded the motion, which carried on the following ballot vote:
Burns - Yes Cole - Yes Detert - Yes
This case will be heard by the Board of Commissioners on May 1, 2007 at 6:00 p.m. Thomas Cain, 547 E. 600 N., Valparaiso. I am here requesting to rezone the southern 500-feet of my property that fronts Interstate 94 from Rural Residential to C-2 for future use, as shown in the attached illustration in your packets. I would appreciate your consideration in this matter. At this time, Mr. Breitzke read a letter from Chester & Lorraine Wozniak, 541 E. 1500 N., who are in opposition to this petition. Michael J. Opat, 533 E. 1500 N. I don’t feel that there is a need for a rezone to commercial in that area. Everything is either AG or RR. I didn’t move out to the country to sit on my back deck and look at highway signs that are lit up like it is daylight outside. I am questioning the amount of acreage that he is requesting to rezone. I don’t think that there is any need for more highway signs. Mr. Cain stated I have nothing set in stone on this. I just think that what I am requesting actually does match some of the neighboring properties zoning along I-94, which are zoned commercial. I have no sign contracts with anyone. I have no other business planned. I don’t think that signs are a hindrance and they are a positive thing for the area. Mr. Opat asked is there anyway that if he does put signs in that they could only be non-lighted? Dennis Dambrauskas, P.O. Box 4, Beverly Shores. My concern is the flooding on that property.
Mr. Cain stated I can’t answer the lighting concern. I have no commitment to anything. Mr. Opat stated he brought up about the flooding and the majority of that property is cattails. He is going to have to put a road in there to put up these signs. Has anyone looked at a map to see if this property has wetlands on it. Mr. Cain stated I already have roadways in that property. I have been dealing with the State with some ditch problems, drainage problems along I-94. The public hearing was then closed. Commissioner Harper stated the new ordinance that we passed does not allow for billboards. Is that correct? Mr. Breitzke stated not without a special exception. Commissioner Harper stated I don’t think we should do this. Mrs. Marshall stated your presentation indicates to me that this is speculation rezoning. You don’t have anything concrete and I don’t see the reason for rezoning. If you had a perspective person looking at this for whatever reason…you haven’t even indicated what you are going to use this for. I cannot, at this time, support your petition. Mr. Read stated Tim Cole and I did drive around this and it is wet. The only use I can see for your property is for billboards. I cannot support this petition. I would ask our attorney if the Highway Act does not permit rezoning to put up billboards then why are we wasting our time. Attorney McClure stated the answer is if it was here for the sole purpose of that, I think we would have a problem with the Lady Bird Johnson Act. I think the way that the petition has been proposed is that there is no commitment as to exactly what is being proposed to be put on the property with a hint towards advertising. Mr. Read stated since billboards is the only commercial use that seems suitable for an area that has very tiny public access, I can conclude that the proposed C-2 is certainly not suitable for any kind of other type of commercial. Mr. Cole stated some additional information that I have for the area is that a mile north of this along Highway 20 in front of a church there are four closely placed billboards that have
Mrs. Stevenson stated I have no questions. Mr. Hutson stated I have no questions. Mr. Detert stated I don’t see any reason for rezoning this property. Mr. Burns stated I agree with everyone. I don’t see any reason for rezoning. Mr. Burns moved recommend denial for Case 07-Z-5 to the County Commissioners. Mr. Detert seconded the motion, which carried on the following ballot vote:
Burns - Yes Cole - Yes Detert - Yes This case will be heard on May 1, 2007 by the Board of Commissioners at 6:00 p.m.
There being no further business, the meeting adjourned at 8:15 p.m.
PORTER COUNTY S/ Kevin Breitzke, President Attest: Robert W. Thompson Jr. AICP, Executive Director/County Planner |
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March 28, 2007