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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, May 28, 2008 at 6:30 p.m. in the Porter County Administration Center, 155 Indiana Avenue, Suite 205, Valparaiso, Indiana. Those members present were Kevin Breitzke, Richard Burns, Tim Cole, Robert Detert, Todd Hutson, Elizabeth Marshall, Herb Read and Commissioner Robert Harper, President. Those members absent were Rita Stevenson. Staff members present were Raymond Joseph Jr., Attorney Scott McClure and Patricia S. Gibson. Mr. Burns moved to waive the reading of the May 14, 2008 minutes and approve them as received in the mail. Mr. Hutson seconded the motion, which carried on a unanimous voice vote. Commissioner Harper stated the petition of Beverly Runk has been taken off of the agenda for this evening. Their drainage plan has not been done. That is Leffew Industrial Park. This is continued until it is complete and the neighbors will get renotified. Mr. Breitzke moved to table Case 08-P-4. Mr. Burns seconded the motion, which carried on a unanimous roll call vote. Old Business: Case 08-DP-6. Petition of Every Child’s Ministries, P.O. Box 810, Hebron, Indiana for a Development Review for a 36’ x 48’ addition to existing office to be located at 875 S. SR 2 in Boone Township. (Property is zoned CN, Neighborhood Business.) John Rouster, International Co-Director of Every Child Ministries, located at 875 S. SR 2 in Hebron, Indiana. Our plans have been approved by the State of Indiana and they are drawn up by Jim Keilman from Crown Point, Indiana. We have a set of the blueprints if anyone needs to look at them. We have a house that is there and we would be adding a 36’ x 48’ addition onto the East side of the house. Also, we would have to destroy the existing drain field and septic tank that is there and put in a raised system. We are working with the State Board of Health. Don Bengel is developing that also. Mr. Joseph stated they received a variance for their storm water standards. Mr. Burns stated they did receive a variance for storm water but it was contingent on the county surveyor, Kevin, to take a look at that and make sure there are no issues with that. Mr. Breitzke stated I met with Mr. Rouster yesterday and shot a number of grades on the lot just to see what direction the water was actually flowing. The high point of the lot is up at the northwest corner and flows southeasterly. This lot is about 429-feet deep including the roadway. Maybe about 1% maybe a little bit bigger back to the back to farm fields in the back. There is a house to the immediate south side. What I am recommending and requesting as part of the motion is to have the two concrete foundations, the 20’ x 52’ removed and then there is a 10’ x 10’ concrete slab between the residence to the north and a metal pole building at the end of the drive that should also be removed. Mr. Rouster is willing to remove those. The other thing I am going to suggest is that a swale be put in at the back end of the existing house and continue eastwardly short of the east line about 50’ at a very slight slope. Basically, more to protect the house to the south. Mr. Detert stated I was going to mention the same thing that Rick mentioned. Mr. Hutson asked is there anyone living there at the site right now. Mr. Rouster stated no. Mr. Hutson asked is there any intention of doing that.
Mr. Rouster stated absolutely not. This will all be used for office space. Mr. Rouster stated right now my wife and I are the only full time ones. We do have two part-time ones and on occasion when we are putting out a news letter we will have volunteers come in. Mr. Cole stated I really don’t have any questions but out of curiosity how do you operate. Do you operate as central location for funding? Mr. Rouster stated this is our international office and we work in Ghana, West Africa, Democratic Republic of Congo and then Uganda, East Africa. Basically, this is our organizational office and we take teams to Africa every summer. We work with children. Mr. Cole stated so you are essentially a central area here in the States for distribution items. Mr. Rouster stated we do pack and send containers on occasion. Mr. Cole asked do you store any of these items. Mr. Rouster stated we have a storage area on the East side of Hebron that we keep rented. Mr. Cole asked you don’t have trucks. Mr. Rouster stated no. There are very few trucks if any coming in there. Mr. Read stated I had concerns about the storm water runoff. I think that has been answered. Have you hired somebody to engineer and layout your new septic disposal system? Mr. Rouster stated we have all the specs from the State of Indiana Health Department and Don Bengel is in possession of a copy of them. He will be the engineer for that system. Mr. Read stated so it hasn’t been designed as of this moment. Mr. Rouster stated it will be a raised mound system for fifteen employees or less. That is what the State recommended. Mr. Read stated so nothing has been sent down to the State relative to the mound system as of the moment. Mr. Rouster stated a final print or description of the mound system has not been developed yet but Don Bengel is doing that. I submitted a letter to the State of Indiana. They sent me back an application to develop a mound system and install that. Mr. Read stated I would only ask that any motion include condition of the submittal of the septic system and review by the County and every other organization that would be involved. Mrs. Marshall stated all the questions that I had have been answered. Commissioner Harper stated Kevin you listed about four or five things. Could you go through those again, one by one? Mr. Breitzke stated the first thing is removal of the 10’ x 10’ concrete slab between the middle building and the property to the north. Second, the removal of the 20’ x 52’ concrete foundation and pad, such as it is. Third, run a shallow swale from the back of the existing house to about 50-feet west of the east property line and that be only about one-half foot deep just to slow down and capture the water. Just a comment, he is not going to get a building permit until he has septic approval from the State. Mr. Rouster asked would a mound system have to be built before we could get a building permit. Mr. Breitzke stated you have to have the permit for building it so you have to have your whole application in and accepted before you take occupancy that mound system has to be built and completed. Commissioner Harper asked what does the State and County require. Mr. Breitzke stated that they get the permit from the State and our Building Department will require an approved permit. Mr. Breitzke moved to approve Case 08-DP-6 subject to the removal of the 10’ x 10’ concrete slab between the middle building and the property to the north; the removal of the 20’ x 52’ concrete foundation and pad; run a shallow swale from back of the existing house to about 50’ West of the East property line and that be only one-half foot deep. Mr. Detert seconded the motion, which carried on a unanimous roll call vote. New Business: At this time, Commissioner Harper read the rules of conduct for a public hearing. Case 08-P-2. Petition of Robert & Helen Surman, 696 W. 350 S., Hebron, Indiana seeking primary plat approval for Surman’s Point Subdivision to be located on the Southeast corner of CR 700 W. and CR 350 S. in Porter Township, Porter County, Indiana. (To contain 2 lots on 6.327 acres. Property is zoned RR.)
Rick Surman stated I am here on behalf of my parents, Robert and Helen and my wife Sally. I currently live at 203 N. College in Valparaiso. We are petitioning for a subdivision in order to build a home there. My parents are elderly and one of the main purposes for this is so we can be close to them as they age and need more medical attention and care. No one spoke in opposition to this petition. The public hearing was then closed. Mr. Burns stated I have no questions. Mr. Detert stated I am pretty familiar with that corner and there isn’t really a whole lot you can do with that land except to put this other house on it. I don’t have any problems with this. Mr. Hutson stated I have no questions. Mr. Cole stated I am pretty much satisfied with everything that was discussed at DAC. Mr. Read stated all I want to say for the record is the storm water runoff does go to the south underneath SR 2 and onto that large agricultural field to the south and east. Normally we would require permission from the land owner for water that goes across their property. There is an indication on the aerial photograph that there is a defined waterway at the extreme south end but the area that we are talking about is so as compared to the receiving area I don’t see any problem. I just wanted to make that statement so that it goes into the record. Mrs. Marshall stated I too am familiar with this property and I really don’t have any questions. Mr. Breitzke stated I have just a couple of comments. First, the water actually does stay on the north side of the right-of-way of the road and sweeps around. There is a culvert way down at the south point that takes the water to a roadside ditch on the east side of SR 2 and then it drops down into a very well defined outlet that eventually ends up in Cornell Ditch. It is running water much of the time down to the south and that goes east across the farm field. I think that they are fine for that and in fact they are taking on water from some other places. Ed Graham who is an excavator told me to watch out for the tile over on that southwest corner where they originally proposed for the house. This was a good choice to put the house on the other end. One of the other things I am going to ask you are you willing to close off the access on SR 2 to the house and that entrance drive. Mr. Surman stated that is my parents’ access and I believe that they want to keep that. Mr. Breitzke stated you do have an access off of CR 350. The other thing is I’ve been told that you cleaned out the culvert under the driveway. Mr. Burns moved to approve Case 08-P-2. Mr. Detert seconded the motion, which carried on the following ballot vote:
Breitzke - Yes Burns - Yes Cole - Yes Case 08-M-3. Petition of the Porter County Plan Commission, 155 Indiana Ave., Suite 311, Valparaiso for an amendment to Ordinance 07-05, Porter County Unified Development Ordinance, Chapter 5, Sections 5.22, 5.23 and 5.24 (Landscaping Standards) and Chapter 12 (Definitions), Section 12.02 (Defined Words). Raymond Joseph stated about one month ago I mailed out the additions to the ordinance as the Landscape Committee recommended. No one spoke in favor of this petition. No one spoke in opposition to this petition. The public hearing was then closed. Mr. Burns stated we went through this in detail and the members had an ample time to look at this and the response has been positive so far from everyone. Mr. Read stated as I understand it this removes the existing paragraph “D” buffer yards and it substitutes the Landscaping Standards for the zoned areas. Mr. Joseph stated that is correct. It basically increases the buffer yards with this new amendment.
Mr. Breitzke moved to approve Case 08-M-3. Mr. Detert seconded the motion, which carried on the following ballot vote:
Mr. Joseph stated the only thing I would like to add is that it talks about different specimen tree lists and I have created that table which is Table A. It also discusses the basic tree list, which is Table B. No one spoke in favor of this petition. No one spoke in opposition to this petition. The public hearing was then closed. At this time the Commission members had a discussion concerning this amendment. Commissioner Harper asked would you like to meet and have more time to discuss this and bring it back. Mr. Burns stated yes. Mr. Breitzke moved to table Case 08-M-4 for the Committee to take the amendment back to rework it and for this case to be put back on the on June 11, 2008 Plan Commission agenda. Mr. Cole seconded the motion, which carried on a unanimous voice vote. Mr. Burns asked the members to please turn in any comments regarding this by June 6, 2008 to the committee. Case 08-M-5. Petition of the Porter County Plan Commission, 155 Indiana Ave., Suite 311, Valparaiso for a Street Trees Ordinance to Chapter 7, Subdivision, Development Plan and PUD Design Standards. Commissioner Harper asked is the situation the same with this case that you need more time. Mr. Burns stated no. No one spoke in favor of this petition. No one spoke in opposition to this petition. The public hearing was then closed.
Discussion: Mr. Breitzke stated the only discussion on this is that the street trees will have to be only ten (10) feet tall and we need to make that clear to people who are involved. Motion carried on the following ballot vote:
Breitzke - Yes Burns - Yes Cole - Yes This case will be heard on June 17, 2008 by the County Commissioners. Case 08-M-6. Petition of the Porter County Plan Commission, 155 Indiana Ave., Suite 311, Valparaiso for a Landscaping Plan to Chapter 10, Processes, Permits and Fees Introduction. Mr. Joseph stated the requirement of the landscaping plan all commercial, industrial and institutional development would be required to hire a certified Indiana Landscape Architect to submit a landscaping plan. Any subdivisions over three (3) lots would also be required to hire a landscape architect. The committee and I went put down all the requirements that shall be on the plan. No one spoke in favor of this petition. No one spoke in opposition to this petition. The public hearing was then closed. Mr. Burns stated this is the same premise as DLZ. I think that this is needed but it is not for residential except for subdivisions. At this time, the Commission had a discussion on Independent Landscape Architects. Mr. Read moved to approve Case 08-M-6 with the word “independent” be inserted into the text that is now presented before us.
Commissioner Harper stated maybe the sentiment here is to require us to pick the person and I am trying to find a middle ground. I think what Ray is saying here that in the past we have had things just stamped, stamped and stamped and that is why we have all the drainage problems we have in the county. Attorney McClure stated if we put independent in I think…the concern I have heard is that we don’t want the surveyor and the landscape architect to be the same person. If that is our try concern then let’s just say that. Mr. Joseph stated can we put “independent” and put in the definitions what ‘independent” is. Attorney McClure stated I think we are just saying the same thing. At this time, Mr. Read withdrew his motion. Mr. Burns moved to approve Case 08-M-6 with the verbiage saying in sub section A “Requirements” should state that “Landscape plans shall be prepared by an “independent landscape architect licensed in the State of Indiana.” Mr. Read seconded the motion. At this time, the Plan Commission members had a discussion concerning the wordage of the motion. At this time, Mr. Burns withdrew his motion. The second agreed. Mr. Burns moved to approve Case 08-M-6 with the change of verbiage stating that landscaping plans shall be prepared by an independent landscape architect licensed in the State of Indiana who is not also acting as a developer, engineer and/or surveyor on this project. Mr. Breitzke seconded the motion, which carried on the following ballot vote:
Breitzke - Yes Burns - Yes Cole - Yes This case will be heard by the County Commissioners on June 17, 2008. Commissioner Harper stated there are some other projects that I would like to see worked on this year. One is to take a look at the sign requirements in our Unified Development Ordinance and see if we need to better defined those and make any changes in those. The second thing that I have been thinking about and that we might take a look at are the lighting requirements. In years past we have all these problems of commercial light escaping from commercial to residential. We need just a little checkup to make sure that we are satisfied where we are at with our new Unified Development Ordinance with the light requirements. The third thing that I think we might take a look at and see how we feel about it are our green space, our tree type requirements in these large parking areas for some of these large shopping complexes. Mr. Joseph stated that was addressed in the Landscaping Ordinance. Commissioner Harper stated the other thing is I think we need to revisit areas in the green space ordinance. So there are four things that maybe we can decide two weeks from tonight or if anyone else has something which one we would like to try to work with and maybe try to get it done within four to six weeks. Mr. Burns asked concerning the existing bonds now do we have a price an escalating cost in there. The price of petroleum and asphalt is going sky high and what I am hearing is that some of these bonds that we have won’t cover if someone defaults it won’t cover the payment. At this time, the Commission had a discussion concerning bonding. Commissioner Harper asked what is going on with the bond committee. Where are we at with that? Mr. Burns stated we haven’t met yet. Commissioner Harper stated my suggestion is to maybe call the highway engineer to meet with you and if you have any legal questions then you can talk to Scott. Commissioner Harper stated another thing is somebody is supposed to be doing a study or a report on that pond that was supposed to be prepared at the northern end of CR 250 where it deadends at CR 550. I think there is some feeling that the bond should be acted on. Mr. Breitzke stated if you want I will do a study on that and bring it back to you. Commissioner Harper stated we need to know if we have enough bond to complete the job if we default them on the bond. Attorney McClure stated I actually have the bond numbers and talked to Mr. Thompson and he is talking to highway to get an idea as to what it will cost for the road. Also, he was contacting someone else on the storm water requirements. We do believe at first glance that we did have enough money to be able to pull out to finish the pond and also on some of the other storm water issues. We do have a list of what is currently left in that bond. Commissioner Harper stated why don’t we put that on our agenda for our next meeting as a cut-off so we can decide if we are going to take action on that. Mr. Burns asked are building permits being issued. Commissioner Harper stated building permits are because you have two separate people there. There being no further business the meeting adjourned at 7:45 p.m.
PORTER COUNTY S/ Robert P. Harper, President Attest: Robert W. Thompson Jr.,Executive Director/County Planner |
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May 28, 2008