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PLAN COMMISSION Regular Meeting July 25, 2007 M I N U T E S The regular meeting of the Porter County Plan Commission was held at 6:30 p.m. in the Porter County Administration Center, 155 Indiana Avenue, Valparaiso. Those members present were Rick Burns, Tim Cole, Robert Detert, Todd Hutson, Elizabeth Marshall, Herb Read, Rita Stevenson and Kevin Breitzke. Staff members present were Robert W. Thompson Jr., Attorney Scott McClure, Ray Joseph and Patricia Gibson. Mr. Cole moved to waive reading of the minutes for the June 13, 2007 Plan Commission meeting and to approve them as received in the mail. Mr. Hutson seconded the motion, which carried on an 8-0 voice vote. Mr. Detert moved to waive reading of the minutes for the June 27, 2007 Plan Commission meeting and to approve them as received in the mail. Mr. Hutson seconded the motion, which carried on an 8-0 voice vote. Mr. Detert moved to waive reading of the minutes for the July 11, 2007 Plan Commission meeting and to approve them as received in the mail. Mr. Cole seconded the motion, which carried on an 8-0 voice vote. Other Business: Discussion on Falling Waters. Mr. Breitzke stated that we have some reports. Mr. Burns stated that he went out there last night to check the street lights and most are working. There is one in front as you enter the gate that’s not working. He understands there is a cable wire broken underground. There are two lights in the back 40 where there are no houses that are not working. He understands there is no power to those lights yet, and that’s by design. The third water pump is rebuilt and installed, so all three pumps are working. He understands that the gates were scheduled to start working Monday. The entrance gate was stuck open, but the exit gates were working automatically. He understands that the reason the gate was stuck open is that there was a power surge. Mr. Breitzke stated that there is going to be a meeting the following night at Boone Grove High School at 6:30 p.m. for a discussion on the conservancy district and its issues. Tony Floramo stated that the meeting is open to the public. Mr. Hollenbeck, the attorney for the conservancy district, will be there, as well as Carl Sender, the financial consultant for the conservancy district to field questions. Mr. McClure asked if there would be any objection to Plan Commission members attending. Mr. Floramo stated that he would like them to come. Mr. Burns asked how often they are going to have these meetings. Mr. Floramo stated that the Falling Waters Homeowners’ Association is now meeting monthly. The last meeting was June 6th. They try to have it the first Thursday of each month, but, because of the July 4th holiday they extended it. They will probably have a meeting in mid-August, and then resume the normal schedule. Mr. Burns asked how the residents are contacted. Mr. Floramo stated, via a newsletter. Attorney Greg Bower stated that he would like them to get a schedule together. Mr. Burns asked how long it is going to take to repair the cable on the first streetlight inside the gate. Mr. Floramo stated that they are out there this evening and it’s a cable. Mr. Bower stated that the only reason it’s taken some time on the streetlights is that the contractor had to go out and make repairs to the breakers, the photocells. Everything should be fine now. Mr. Detert asked if they have a man out there fulltime. Mr. Floramo stated that they do. Mr. Bower stated that he’s not worked there every day. He takes some days off, but he was essentially there anywhere from 4 to 8 hours most days. Mr. Detert stated that at the last meeting he was frustrated because it didn’t seem like most things were working. He thinks we need feedback from the developer. Mr. Bower stated that they would suggest that if the subcommittee wants to call them from time to time and go out there that they would have the maintenance person available there and they would be there so they would know what’s been done and what the concerns are. They can also furnish the subcommittee with an updated Excel list of items that were of concern and if they have been addressed. Regarding the disclosure statement, he was out of town for a while and couldn’t devote as much time to it as he would have liked, but they took some comments made by Ms. Marshall and worked on that. The language was adopted from Special Service Areas (SSA’s) utilized in Illinois to fund the exact type of improvements being talked about here. It’s put over the subdivision and then bonds are utilized to pay for that, and the homeowners can either pay it off it one shot in Illinois or over years. This disclosure follows along that line. Mr. Breitzke stated that they had brought up some of the road repairs that still need to take place. Mr. Floramo stated that a package form will go out in October for the installation of the final lift. Included in that form will be all the curbs, all the areas that need repair, the binder and a two-year warranty by the sub-contractor and they will submit that to Reith-Reilly who did the binder. Hopefully, all of the street issues will be resolved by the end of this season. Mr. Burns asked if Mr. Bower’s client has agreed to all these items. Mr. Bower stated that they don’t necessarily agree. Mr. Burns stated that he’d like to see a target date for whatever they’ve agreed to. Mr. Bower stated that they are willing to work with them. Mr. Burns asked Mr. McClure and Mr. Breitzke if he agrees with that. Mr. Breitzke stated that he thinks they need to reach a consensus with the committee about what needs to be taken care of. A schedule is appropriate. Mr. Bower stated that they want to eliminate the list of 213 concerns, but some involve lots not owned by them. They are going to start taking enforcement action on those lots, based on the covenants and the contract with the purchasers. They can’t go on a lot they don’t own to do something. Mr. McClure stated that there should be a definite timeline for certain things to be accomplished so the subcommittee can keep tabs on them and whether things are being done according to schedule. Mr. Floramo stated that he’ll make a secondary spreadsheet for the subcommittee and themselves. Mr. Breitzke stated that he would like to see before and after pictures to document that these things have happened. Ms. Stevenson stated that it seems they get things done right before a meeting every time; prior to that, they haven’t done anything for a while, and that seems to be happening a lot. Is that true? Mr. Floramo stated, no. They replaced all the streetlight heads; they didn’t know they were burned-out photocells. Once the problem is identified, they take care of it. Sometimes it takes some time. Mr. Bower stated that the streetlights didn’t happen overnight. The contractor had to buy special material and special order some things. Mr. Detert stated that he had been told they were going to be on two months ago. Mr. Bower stated that they wish that had been so. Mr. Breitzke stated that he’s going to ask the committee to meet every Monday right before the regular Plan Commission meeting for several months, probably, and to give monthly updates, at the very least. Ms. Marshall stated that she has a letter dated March 22, 2007 from Indiana American Water to Mr. Floramo that states there might have been problems with the system of getting the water to the houses and the water company had imposed a moratorium on giving out tap-ons. Has that been resolved? Mr. Floramo stated that that’s been 100 percent resolved through the pumping station. Ms. Marshall stated that the letter says there are system deficiencies that needed to be addressed before providing them with water tap-ons. There must be some letter or some type of communication between the water company and the developer that indicates that this problem has been solved. Mr. Floramo stated that it has been. He will get a letter. Mr. Breitzke stated that when R.W. Armstrong was out there, he had Indiana American doing their testing simultaneously and all seemed to be okay. The only issue remaining was the third pump and the pumping station that the impeller had been dinged slightly and was out of balance. That was put back online for the second time, and that balances. Ms. Marshall asked if we have that report. Mr. Breitzke stated, yes. Ms. Marshall stated that the operator of the sewer plant had not filed with IDEM a report. Are they now filing those reports with IDEM and could the Plan Commission have copies of those? Mr. Floramo stated, yes and yes. Mr. Detert stated that people here wanted to talk, but he doesn’t see doing that. The developer will be available tomorrow night to answer questions. Mr. Detert moved to put this issue on the next agenda. Ms. Marshall stated that it came to her attention today that the developer feels that the Plan Commission is responsible for the negative articles in the newspaper. They are just trying to point out some of the issues that people in the subdivision are concerned about and we shouldn’t be blamed for negative advertising. Mr. Floramo stated that made no such comment. Mr. Detert moved to put this issue on the next agenda. Mr. Hutson seconded the motion. Discussion: Mr. Read asked what the meeting is about that they are referring to for tomorrow night with the developer. Mr. Breitzke stated that it’s something that the developer arranged with the attorney for the development for the conservancy district. It’s a public meeting. Mr. Read stated that there’ve been a number of items raised in the press and by Commissioner Harper about matters related to the financing of the conservancy district; he thinks that’s part of our interest here. Is this going to be covered in a separate meeting with no Plan Commission input? He thinks it should be talked about now. Mr. McClure stated that from a legal standpoint, the Plan Commission can gather information concerning the conservancy district and most of it is public information. Commissioner Harper and he have been educating themselves on the conservancy district. The Plan Commission won’t ever have the ability to have direct input into the financial decisions of the conservancy district. Mr. Read stated that he’s looking for full disclosure, not that. Mr. Breitzke stated that Mr. Bower said that he and Mr. McClure are still working on the full disclosure statement. Mr. Read stated that his ongoing concern has been that people were buying lots without full disclosure of hidden costs associated with them. The Plan Commission objected, and some attempt has been made toward informing potential buyers of the problem. Mr. Detert stated, point of order. We have discussed all this before. Mr. Detert moved to put this issue on the next agenda. Mr. Hutson seconded the motion, which carried on the following 6-2 roll call vote: Burns - Yes Cole - Yes Detert - Yes Hutson - Yes Marshall - Yes Read - No Stevenson - No Breitzke - Yes At this time, some Falling Waters residents objected to not being allowed to speak at length at this meeting. Mr. Read moved to have a citizen member on the subcommittee looking into issues at Falling Waters. Mr. Detert seconded the motion, which carried on an 8-0 roll call vote. At this time, Mr. Detert stated that the homeowners need to get together and decide who the citizen representative will be. Old Business: Case 07-Z-8. Petition of Joanne Baron, 812 S. 350 W., Hebron, for a proposed amendment to the Master Plan to rezone a parcel of land from AG, Agriculture & Open Space to RR, Rural Residential, to be located at 812 S. 350 W. in Boone Township, Porter County, Indiana. (This Case was tabled at the May 23, 2007 meeting. The public hearing was closed.) Ms. Baron stated that she provided all the board members with the documentation that was requested at the last meeting. Soil tests proved the land acceptable for septics. Mr. Burns asked if she is going to have just one residence there. Ms. Baron stated, yes. Mr. Read stated that she should get together with neighbors to the West and show them where the septic field is proposed to go. Ms. Marshall asked if AG zoning allows for a house. Mr. Thompson stated, yes, but not for splitting property. This is 7.5 acres and there is already a house on it. Ms. Marshall stated that she doesn’t really have a problem with the rezoning with just one house. Mr. Burns moved to forward Case 07-Z-9 to the County Commissioners, with a favorable recommendation, contingent on the final septic approval and a written commitment for only one additional house on the parcel. Mr. Hutson seconded the motion, which carried on the following ballot vote: Burns - Yes Cole - Yes Hutson - Yes Marshall - Yes Read - Yes Breitzke - Yes Case 07-FP-7. Petition of David & Brighitte Snemis, 2502 Beech St., Ste.10, Valparaiso, Indiana, seeking secondary plat approval for Cherokee Woods subdivision, to be located at 199 W. 550 N., in Center Township, Porter County, Indiana. (To contain 2 lots on 12.003 acres. Property is zoned RR) Robert Palm stated that he is representing the petitioners in this matter. This is two lots on 12 acres, and it got primary plat approval on December 13, 2006. There were no issues at DAC, other than two things requested by Mr. Breitzke: a 40-foot drainage easement which crosses the Southern portion of the subdivision and adding a note that a 36-inch diameter culvert is required for Lot 2. They have made those additions to the plat. Mr. Burns asked if there is a bond required for this. Mr. Breitzke stated that he doesn’t think so. Mr. Burns asked if the culvert is on private property. Mr. Breitzke stated, yes. They could request a bond and he thinks they proposed… Mr. Palm stated, it was left up to the Highway Engineer, which he said should be paid at the time of the driveway application. Mr. Read stated that plans he has don’t show where the proposed house would be. Why is the house not shown on these plans? Mr. Palm stated that it was a requirement of primary plat to show the proposed house and finished floor elevations and it’s not appropriate to show that on the secondary plat. Mr. Read asked where the house is going to go is where it was shown at the time of primary plat. Mr. Palm stated, yes. Mr. Read asked if the driveway going up the Western boundary is intended to be the access to the new house. Mr. Snemis stated, no, that’s the existing driveway. Mr. Read asked what the access is to the new house. Mr. Palm stated that they show a 30-foot opening in the non-access easement along the right-of-way line, which is the location of the driveway for Lot 2. Mr. Read asked if they are going to go from 550 N. North along the inside of this L-shaped property to the house. Mr. Palm stated, that’s correct. Mr. Read asked if there is some reason it’s not shown on this drawing. Mr. Palm stated, again, it would be something not appropriate for the secondary plat. Mr. Read stated that if that’s our requirement, it should be changed. He would like to see what they are going to do, whether primary or secondary. They show the preservation easement – is that the total open space? Mr. Palm stated that that is the preservation easement and it encompasses 20 percent of the site. Mr. Read stated that they have the standard note for the preservation easement and asked if that also extends to the existing pond. Mr. Palm stated, no, it’s a private pond and it’s encompassed by a drainage easement only. Mr. Read stated that there is a reference to Note 5 and asked where that is. Mr. Palm stated that that should say Note 3. Mr. Read stated that Note 3 says that the pond area is a wetlands area on the inventory map. He would suggest adding a Number 3 under the main Number 3, the definition of wetlands for Porter County. Mr. Palm stated that they state in a note that this is subject to local, state and federal regulations. Mr. Read asked if he is willing to put a Note 3 there. Mr. Palm stated that he is. Mr. Burns moved to approve secondary plat for Case 07-FP-7, subject to the bond and changes on the plat as suggested. Mr. Hutson seconded the motion, which carried on a 7-0 roll call vote: Case 07-FP-8. Petition of 100 North Properties, LLC, 21 E. Lincolnway, Suite C, Valparaiso, seeking a replat for Sagamore Subdivision, Phase One, which is located on the North side of CR 100 N. and North of CR 325 W. and the East side of CR 350 W., in Union Township, Porter County, Indiana. (To contain 39 lots on 7.813 acres. Property is zoned R-1.) Attorney Bill Ferngren stated that he and Robert Palm are representing and accompanied by the petitioner in this matter, Rick Carlson. They are replatting part of Phase One. When working with the builders on the sites, their building models required an increase of 1 to 2 feet on some of the lots in Phase One, so they increased the lots on the drawings from 60 to about 62 feet for that. They also added one open space parcel, lost two single-family residential sites. Mr. Hutson asked what he means by building styles and design changes. Mr. Ferngren stated, the width of the homes. Ms. Marshall asked if the house that’s under construction is an example of what all the houses will look like. Mr. Carlson stated, similar in style; size-wise, no. The lot that it’s on is 80 feet wide. These lots are 62-foot lots. Ms. Marshall asked if the houses will have brick on them. Mr. Carlson stated that they will be vinyl-sided with masonry stone or brick. Mr. Read stated that he’d like them to go through the changes with him. Mr. Ferngren stated that the dark lines are the ones that will be the final-platted lot lines. There are some dotted lines shown, and that was what it was before. Mr. Read asked if that’s the only change. Mr. Ferngren stated, correct. Mr. Burns asked if there was a bond on this. Mr. Thompson stated that that was for the first phase. This is just a replat of it. Mr. Burns asked what the bond amount was. Mr. Thompson stated that it was over half a million dollars. Mr. Cole moved to approve the replat for Case 07-FP-8. Mr. Hutson seconded the motion, which carried on a 7-0 roll call vote. Case 07-FP-9. Petition of 100 North Properties, LLC, c/o Attorney Bill Ferngren, 570 Vale Park Road, Suite B, Valparaiso, seeking secondary plat approval for Sagamore subdivision Phase Two, to be located at the Northwest corner of CR 100 N. and CR 350 W., in Union Township, Porter County, Indiana. (To contain 83 lots on 68.695 acres. Property is zoned R-1.) Attorney Bill Ferngren stated that he and Bob Palm are representing and accompanied by Rick Carlson, the petitioner in this matter. Mr. Ferngren stated that primary plat was approved on May 10, 2006. This section of the plat originally contained 87 lots; that was reduced to 83 lots for reasons similar to the previous case, building style and design. That offered an additional access to open space. Mr. Read stated that he doesn’t see dashed lines on this. Mr. Carlson stated that that’s because Phase Two has not been approved and recorded. Mr. Read asked where the lots are that they dropped. Mr. Carlson stated that they’ve been spread out through the entire area, really. Ms. Marshall stated that she thinks they will have a problem with the entrance on 100 N. Mr. Breitzke stated that the bond recommendation is $2,150,000, rounding up a bit. Mr. Burns moved to approve secondary plat for Case 07-FP-9, subject to the recommended bond. Mr. Detert seconded the motion, which carried on an 8-0 roll call vote. New Business: At this time, Mr. Breitzke read the rules of order for public hearings. Case 07-P-13. Petition of Robert M. Sands, 179 S. Smoke Road, Valparaiso, seeking primary plat approval for Morgan Subdivision 1742-B-1, to be located at 250 S. Smoke Rd., in Morgan Township. To contain 1 lot on 2.1 acres. Zoned RR. Don Bengel stated that he is representing and accompanied by the petitioner in this matter, Bob Sands. Mr. Bengel stated that the only difference he had with what he read is that that tells where this is, but the address for this lot is going be off of 150 S. They were here in May to get a recommendation from the Plan Commission on rezoning this parcel: It was Agricultural and it was rezoned to RR. Across the road is Morgan Manor, which is 8 to 10 lots. East of here there are two lots that are 100 feet by 217, platted years ago. This site is going to be 1 lot with the gross area of 2.095 acres and the lot itself has an area of 1.54 acres, and useable is 1.10, because of easements and open space. The soil is great for septics. No drainage is required. The finished floor of the house will be 105. There is a no-access easement along Smoke Road and it curves around the corner to 40 feet, so the driveway has to be at least 40 feet away from the corner. There is an open space easement on the East 53 feet. There is a drainage easement that takes the existing drainage across the road from the subdivision going South. No one spoke in favor of this petition. No one spoke against this petition. The public hearing was then closed. Mr. Burns asked if the driveway could be moved further away from the intersection. Mr. Bengel stated that he guesses it could be. It’s 80 feet away from Smoke Road now. Mr. Burns stated that it looks like the one across the street is further away. Mr. Bengel stated that it is. Mr. Breitzke stated that they had discussed that because of concerns with lights shining into the windows of the house across the street and the expectation was that he would move the drive to line up with the drive directly across. Mr. Bengel stated that they will stipulate that the drives will line up. Mr. Hutson asked how far the well is going to be placed from the South boundary. Mr. Bengel stated that the well is going to be on the North side of the house, West of the driveway. Mr. Hutson asked if he knows how many feet that is. Mr. Bengel stated that from the property line it will be about 38 feet. Mr. Read asked where the well is, again. Mr. Breitzke stated that it’s at the Northwest corner of the house. Mr. Read stated that the end of the septic field is only about 5 feet or so from the Southern boundary; isn’t that kind of close? Mr. Bengel stated that the reason he put it there is so there will be more room in the back of the house to put in a pool in or use that some other way. Mr. Read stated that they have that swale which becomes a drainage easement, in effect, and enters a wooded culvert (sic). Mr. Bengel stated that the drainage comes from the North to the South across this parcel and goes down through… Mr. Read asked, it goes South? Mr. Bengel stated, yes. Ms. Marshall stated that the Highway Department said that the driveway shall be located 50 foot minimum from the intersection. Mr. Bengel stated that the driveway is located 50 feet. Ms. Marshall asked if that will be across from the driveway across the street. Mr. Bengel stated, yes, and that will be more than the 50 feet, too. Mr. Breitzke stated that what Mr. Bengel was referring to is the no-access easement across the front and that will put him even further away from Smoke Road. Mr. Burns moved to approve primary plat for Case 07-P-13, with the stipulation that the driveway be relocated to line up with the driveway across the street. Mr. Detert seconded the motion, which carried on the following ballot vote: Burns - Yes Cole - Yes Detert - Yes Hutson - Yes Marshall - Yes Read - Yes Stevenson - Yes Breitzke - Yes Case 07-M-2. Petition of the Porter County Plan Commission, 155 Indiana Avenue, Suite 311, Valparaiso, for a proposed amendment to the Unified Development Ordinance No.08-05 Chapter 2, Zoning Districts, Section 2.21, Residential Lake District, Minimum Side Setback and Minimum Rear Setback. Mr. Thompson stated that this came as a request from the County Commissioners. We discussed it at the Plan Commission a month or so ago, and we put a moratorium on the Residential Lake District until this was through. At this time, he’s presenting the amended changes that the Commissioners requested that the Plan Commission make to the Unified Development Ordinance. Within the Residential Lake District, when the UDO came out, the minimum side setback was 4 feet and the Commissioners requested that it go from 4 feet back to what it originally was, 8 feet, in the old code; and the minimum rear-yard setback was 4 feet, and that is going to 10 feet, for a minimum. No one spoke in favor of this. No one spoke against this petition. The public hearing was then closed. Mr. Burns asked, so any request for a Variance would come in front of the BZA? Mr. Breitzke stated, yes. Mr. Burns moved to forward Case 07-M-2 to the County Commissioners with a favorable recommendation. Mr. Detert seconded the motion, which carried on the following ballot vote: Burns - Yes Cole - Yes Detert - Yes Hutson - Yes Marshall - Yes Read - Yes Stevenson - Yes Breitzke - Yes Mr. Thompson stated that this will be heard at the August 21st Commissioners meeting at 6:00 p.m. At this time, Mr. Burns wanted to bring to everyone’s attention a BZA issue about the person complaining about the semi-trailers being as billboards. The problem has spilled over into the cities. Mr. Thompson stated that the issue is addressed in the ordinances and he has approached some of the people and talked to them. The one that Mr. Breitzke brought up, there is also a vehicle sales lot there, which has equipment, trucks and other things and they have been told about it. Mr. Burns stated that it’s going to be interesting to see how the city addresses it. It’s a mattress business. They have a big sign attached to it. Mr. Thompson stated that the City of Valparaiso has just started a new committee to do a Unified Development Ordinance. Mr. Burns stated that they say it’s part of the business, but that’s not what our ordinance is saying. They are not allowed, is that correct? Mr. Thompson stated that it’s one thing if it’s a delivery truck that goes back and forth and is used constantly; it’s another thing if it’s staying parked somewhere constantly. Mr. Breitzke stated that he’s suggested to Mr. Thompson that maybe we should ask the guy to move the trailer because he bets the trucks are frozen underneath it. At this time, there followed a discussion by the Commission about Falling Waters. There being no further business, the meeting was adjourned at 8:55 p.m. PORTER COUNTY PLAN COMMISSION S\Kevin D. Breitzke, President Attest: S\Robert W. Thompson Jr., AICP, Executive Director/County Planner |
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July 25, 2007