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Plan Commission Meeting Minutes 2015

Meeting Minutes

01-07-2015 Plan Commission

January 7, 2015 Plan Commission Meeting Minutes

Michael Forbes, President Derwin Nietzel Attorney Tim Kuiper Michael
Stephen Hastings, Vice-President   Kenn Kraus
Steve Kozel, Secretary   Steve Kil
Tom Redar    

CALL TO ORDER:

Mr. Michael Forbes chaired the St. John Plan Commission regular meeting in Mr. Ryan’s absence; he called the meeting to order for January 7, 2015, at 7:03 p.m.

(The Pledge of Allegiance was said.)

ROLL CALL:

Roll call was taken by Susan E. Wright, Recording Secretary, with the following Commissioners present: Michael Forbes, Steve Hastings, Steve Kozel, Tom Redar and Derwin Nietzel. Tom Ryan was absent. Staff members present: Kenn Kraus. Steve Kil was present. Attorney Kuiper was absent. Gregory Volk, Town Council liaison, was present.

ELECTION OF OFFICERS:

Mr. Forbes noted the first item on the agenda was election of officers for the 2015 calendar year.

Mr. Hastings made a motion to nominate Michael Forbes for the position of president for calendar year 2015. Mr. Forbes asked if there were any other nominations. There were no other nominations; he closed nominations. The motion was carried by voice vote (5/0). Ayes --- all. Nays --- none.

Mr. Forbes made a motion to nominate Steve Hastings for the position of vice-president for calendar year 2015. Mr. Forbes asked if there were any other nominations. There were no other nominations; he closed nominations. The motion was carried by voice vote (5/0). Ayes --- all. Nays --- none.

Mr. Forbes made a motion to nominate Steve Kozel for the position of secretary for calendar year 2015. Mr. Forbes asked if there were any other nominations. There were no other nominations; he closed nominations. The motion was carried by voice vote (5/0). Ayes --- all. Nays --- none.

APPROVAL OF THE MINUTES: DECEMBER 3, 2014.

Mr. Forbes noted the minutes of the December 3, 2014, regular meeting were before the Board for their review and action. He asked if there were any corrections or questions on the meeting minutes. There were no corrections or questions on the minutes.

Mr. Forbes stated he would entertain a motion to approve the meeting minutes. “So moved,” by Mr. Kozel. Mr. Hastings seconded the motion. The motion was passed by voice vote (5/0). Ayes --- all. Nays --- none.

NEW BUSINESS:

A. VENTURA ESTATES --- UNIT FOUR --- SEVEN LOTS --- PERMISSION TO ADVERTISE FOR PUBLIC HEARING ON FEBRUARY 4, 2015.
Mr. Forbes noted that Ventura Estates, Unit Four, was seeking permission to advertise for a public hearing at the February 4, 2015, regular meeting. He stated that this matter was discussed in depth at the last study session. He asked if there were any questions. There were no questions.

Mr. Forbes stated he would entertain a motion on Ventura Estates. Mr. Kozel made a motion to authorize the request by Ventura Estates to advertise for a public hearing on February 4, 2015. Mr. Nietzel seconded the motion. The motion was carried by voice vote (5/0). Ayes --- all. Nays --- none.

B. PARK PLACE --- PUBLIC HEARING (ZONE CHANGE) DENNIS MEYERS.
Mr. Forbes noted the next item on the agenda was a public hearing for Park Place for a zone change. Mr. Doug Rettig, Land Technologies, appeared before the Board on behalf of Dennis Meyers and Park Place. Mr. Rettig submitted plans to the Board members.

Mr. Rettig stated that the proposed project is just south of Lake Central Plaza and Golden Pond. He started with the zoning drawing and pointed out the existing cul-de-sac, Meadow Lane. Mr. Rettig pointed out the location of Livio’s.

Mr. Rettig informed the Board that the Town of St. John recently acquired an “L” shaped parcel as well as another parcel. He pointed out the property that Mr. Meyers currently owns. Mr. Rettig pointed out the parcels that are zoned commercial. He stated Petitioner was present tonight to rezone the six parcels. He pointed out that a portion of the property is zoned industrial and the rest is zoned commercial.

Mr. Rettig is proposing the zone change to a residential PUD. He pointed out where the new road will come to the stop light. Mr. Rettig stated that there are four lots in Gardenia Gardens owned by the Carrigans, and Mr. Meyers is purchasing Lot 3, Lot 4 and the east end of Lot 1.

Mr. Rettig informed the Board that Mr. Meyers is also purchasing Lot F, a part of Bingo Lake property. He stated altogther there are six parcels that will be combined for the project and the rezone. Mr. Rettig stated if the Board had any questions on the parcels he would be happy to answer them.

Mr. Rettig stated that there is also a preliminary sight plan available reflecting what will be built in here. Mr. Rettig explained that a commercial building is proposed in front, very similar to the building that is in Lake Central Plaza. He showed the location of the reconfigured stop light, which all of the residents will be able to access easily. He stated DeYoungs Furniture and the car wash will stay the same.

Mr. Rettig stated there will possibly be two restaurants at the ends of the mall with a typical retail strip mall in between. Mr. Rettig stated that the drawing he is referring to reflects the reconfigured Lake Central Drive. Mr. Rettig noted the part of the project being worked on by Haas & Associates. He stated that the proposed subdivision will be comparable to the existing Golden Pond

Mr. Rettig noted that there will be a large retention pond back near the tracks. The retention pond will take water from this project, all water from the commercial building as well as all of the water from Gardenia Gardens and the vacant property next to it.

Mr. Forbes asked if there were any questions from the Board. There were no questions.

Attorney Kuiper noted that the notices and publications for the public hearing were timely published and in order for a public hearing to be properly conducted tonight.

Mr. Forbes opened the public hearing for comment. He called twice for public comment. There was no public comment.

For the record, Attorney Kuiper noted that Mr. Plaskota and Mr. Karrigan were both present and would consent to the rezoning petition.

(General discussion ensued.)

Mr. Forbes closed the public hearing and brought the matter back to the Board. He asked if there were any further questions from the Board.

The rezoning of the six parcels into a R-3, PUD was discussed.

Mr. Forbes stated he would ask for a recommendation on the rezoning on the rezoning. He asked that the findings of fact be incorporated into the motion by reference.

Mr. Kozel made a motion to send a favorable recommendation to the Town Council to rezone the parcels as presented to and R-3 PUD incorporating the site plan and the findings of fact by reference. Mr. Redar seconded the motion. The motion was carried by voice vote (5/0). Ayes --- all. Nays --- none.

Mr. Rettig asked the Board if the Petitioner could request permission to advertise for a public hearing at the next meeting. Mr. Kil stated that the Petitioner could request a public hearing. Mr. Forbes commented that the Board has already reviewed the project.

(General discussion ensued.)

Mr. Forbes noted there was a request for a public hearing on the preliminary plat for Park Place. He asked if there was a motion to grant permission to advertise. “So moved,” by Mr. Redar. Mr. Hastings seconded the motion. The motion was carried by voice vote (5/0). Ayes --- all. Nays --- none.

Mr. Kil informed Mr. Rettig that the Board had recommended the name “Park Place,” be changed. Mr. Rettig stated that the duplex portion of the project name had been changed to “Dancing Waters,” and the commercial portion had been renamed “Lake Central Plaza, Unit Three.”

C. MILL CREEK DEVELOPMENT --- CONTINUED PUBLIC HEARING --- JOE LENEHAN --- (PRIMARY APPROVAL).

Mr. Forbes noted Mill Creek Development, a continued public hearing was next on the agenda. Mr. Joe Lenehan, Olthof Homes appeared before the Board on behalf of Mill Creek Development and finalization of primary approval.

Mr. Lenehan updated the Board on developments since the last meeting. He stated that the issues addressed at the last meeting were now in order.

Mr. Lenehan stated he had a meeting with the State of Indiana today related to the driveway permit and access to Route 231. He stated Mr. Kil also attended the meeting. Mr. Lenehan stated he has been directed to hire a traffic engineering consultant to do a traffic study, a process that anyone seeking a state highway permit must go through. He stated that the study will help determine whether or not a traffic light is needed.

Mr. Lenehan stated at the last meeting he was not prepared to have a contingency placed on the primary approval requiring that the developer would have to provide access to the commercial properties from the entrance road. He stated he has had the opportunity to converse with the adjacent property owners, and he is now comfortable having this contingency placed on the primary plat approval. Mr. Lenehan stated that when the final plat is prepared, the section of Park Place Drive (the road off of Route 231) will reflect access to the adjacent properties.

Mr. Lenehan informed the Board that he talked with Mr. Kleine earlier in the day. He stated that Mr. Kleine had asked for some trees. Mr. Lenehan stated he and Mr. Todd Olthof walked the property with Mr. Kleine. He stated the developer will be able to get some screening in the places in question.

Mr. Lenehan stated the screening was not a primary plat issue, but he wanted the Board to know this matter had been addressed. He stated anywhere where in the development where there is a gap, a tree or two will be placed. Mr. Lenehan stated when the development moves to the southeast corner (agricultural section) some pine and deciduous trees will be planted.

Mr. Lenehan stated he wanted to make it very clear that his hope is to plant the trees very early in the project. Mr. Lenehan stated he is not positive about the timing of the planting, but when landscaping is done in the first phase, he will be bidding the trees out at that time.

Mr. Kil stated he was able to attend the INDOT meeting with Mr. Lenehan. He stated there were four INDOT representatives at the meeting including Mr. John McFadden. Mr. Kil stated he was encouraged by what INDOT representatives said.

Mr. Kil stated that INDOT directed the Mill Creek developer to conduct a traffic study. He stated the traffic study will take into account the construction of Providence, Park Place, Gates of St. John and the Mill Creek Development. Mr. Kil stated that based upon the results of the traffic study, in the event a traffic signal is warranted, INDOT will coordinate with Mr. Lenehan and Mr. John Lotton to get the traffic signal installed.

(General discussion ensued.)

Mr. Kil stated he wants to attend the INDOT meetings with the developer so he can keep the Board informed as to what is going on and who is responsible for what. He stated that the INDOT representatives indicated that though it is not often, they have allowed traffic signals to be installed based on traffic studies.

Mr. Forbes noted that there is a great deal of development going in this area including commercial development. Mr. Kil noted that the bike trail will be extended by Mill Creek development, and there will be a cross walk near the school. Mr. Kil stated that although the cross walk will not be a determining factor it will have some impact.

(General discussion ensued.)

Mr. Forbes reopened the public hearing. He called for public comment on the Mill Creek Development. There was no public comment. Mr. Forbes closed the public hearing and brought the matter back before the Board.

Mr. Forbes stated he would entertain a motion for the preliminary plat for Mill Creek; he asked that the motion reference the findings of fact and include the contingency to access the commercial properties on the east and west of Park Place.

(General discussion ensued.)

Mr. Kozel made a motion to approve the preliminary plat for Mill Creek Development with the contingency to include access to the commercial properties on the east and west of Park Place, and incorporating the findings of fact by reference. Mr. Nietzel seconded the motion. The motion was carried by voice vote (5/0). Ayes --- all. Nays --- none.

PUBLIC COMMENT:

Mr. Forbes opened the floor to public comment. He called for public comment. There was no public comment. Mr. Forbes closed the floor to public comment.

Mr. Forbes noted there was no business before the Board for the January 21st meeting. He asked if there were any objections to canceling the meeting. The meeting for January 21st was canceled.

Mr. Forbes informed the Board that Mr. Tom Ryan would most likely resign from the Board due to scheduling conflicts.

Mr. Forbes stated that there has been discussion about updating the Comprehensive Master plan. He stated some clarification in the language in the plan may be called for. Mr. Kil stated that he and Mr. Forbes have been working on a Master Traffic Signal plan, and they would like to incorporate this into the Comprehensive Master plan.

ADJOURNMENT:
Mr. Forbes adjourned the meeting.

(The meeting was adjourned at 7:40 p.m.)

A TRUE COPY

_____________________________________
Susan E. Wright, Recording Secretary
St. John Plan Commission

02-04-2015 Plan Commission

February 4, 2015 Plan Commission Meeting Minutes

Michael Forbes, President Derwin Nietzel Attorney David Austgen
Stephen Hastings, Vice-President   Kenn Kraus
Steve Kozel, Secretary   Steve Kil
Tom Redar    

CALL TO ORDER:

Mr. Michael Forbes called to order the St. John Plan Commission regular meeting to order on February 4, 2015, at 7:03 p.m.

(The Pledge of Allegiance was said.)

ROLL CALL:

Roll call was taken by Susan E. Wright, Recording Secretary, with the following Commissioners present: Michael Forbes, Steve Hastings, Steve Kozel and Derwin Nietzel. Tom Redar and Tom Ryan were absent. Staff members present: Kenn Kraus. Steve Kil was present. Attorney David Austgen was present. Gregory Volk, Town Council liaison, was present.

APPROVAL OF THE MINUTES: JANUARY 7, 2015.

Mr. Forbes noted the minutes of the January 7, 2015, Plan Commission were before the Board for their consideration. He asked if there were any additions, deletions or corrections to the minutes.

Mr. Kozel noted that the year in the caption should be changed from “2014” to “2015”. Mr. Kozel stated with that correction, he would make a motion to approve the January 7, 2015, meeting minutes. Mr. Hastings seconded the motion. The motion was carried by voice vote (4/0). Ayes --- all. Nays --- none.

NEW BUSINESS:

A. VENTURA ESTATES --- UNIT FOUR --- SEVEN LOTS --- PUBLIC HEARING --- LARRY PONZIANO.
Mr. Forbes noted that the first item under New Business was a public hearing for Ventura Estates, Unit Four, a seven lot subdivision. Mr. Forbes asked if the notices and publications for the public hearing were in order.

Attorney Austgen remarked that he had nothing on Ventura Estates.

Mr. Ponziano, Ventura Estates, appeared before the Board. He explained he attended the January 7, 2015, meeting and was under the impression he would receive permission to advertise for public hearing at the next meeting in January, which was cancelled.

Mr. Forbes informed Mr. Ponziano that the Board had authorized him to advertise for public hearing. Attorney Austgen cited the minutes of January 7, 2015, wherein permission to advertise for a public hearing was approved (5/0).

Mr. Ponziano asked if it would be permissible for him to advertise for a public hearing for the next regular meeting. Mr. Forbes noted if Mr. Ponziano advertised properly, the public hearing could be held next month.

Mr. Kil directed Mr. Ponziano to the Township Assessor for a certified list of adjacent property owners. Mr. Ponziano apologized for any confusion.

Mr. Forbes called for anyone in the audience who was in attendance for the Ventura Estates public hearing. There was no response from any person in the audience.

B. PARK PLACE --- DANCING WATERS --- PUBLIC HEARING PRIMARY PLAT APPROVAL --- DENNIS MEYER.

Mr. Forbes noted the next item on the agenda was a public hearing for Park Place, Dancing Waters, and consideration for primary plat approval. Mr. Forbes asked Attorney Austgen if the notices and publication for Park Place, Dancing Waters were in order for the public hearing.

Attorney Austgen acknowledged that the notices and publications for the public hearing were in order for the same to be properly conducted tonight.

Mr. Doug Rettig, Land Technologies, appeared before the Board on behalf of Park Place, Dancing Waters. He stated that the legal description for Park Place, Dancing Waters, was different from the legal description used for the zoning change. Mr. Rettig stated it took weeks to get a certified mailing list from the Township Assessor’s office for Park Place, Dancing Waters.

Mr. Rettig submitted plans to the Board. He noted that Mr. Meyers already owns most of the commercial property, Lot A, fronting Route 41.

(General discussion ensued.)

Attorney Austgen noted subject to review and verification of the greencards from the certified mailing list, everything was in order. Mr. Rettig stated that the list was double checked and triple checked. He said there were 39 individual parties on the list and 36 green cards were returned.

(General discussion ensued.)

Mr. Rettig noted that Meyers Addition, Unit Three, is a Planned Unit Development (PUD) in the Town of St. John. He stated that the developer chose a PUD to allow for mixed use since there is commercial property and residential property. Mr. Rettig stated the residential property will consist mostly of duplexes.

Mr. Rettig stated that PUD contains 17 lots in addition to the commercial lot. Mr. Rettig stated that he had sent Mr. Kil a full set of drawings. Mr. Kil opened the drawings, Sheet 3, on the media screen for the Board’s perusal.

Mr. Rettig pointed out the end of the cul-de-sac in Golden Pond, Meyers Additions 1 and 2. He pointed out the location of the proposed strip mall, immediately adjacent to Livio’s. Mr. Rettig explained how the traffic signal light will be reconfigured at Route 41 and Lake Central Drive.

Mr. Rettig pointed out the location of the proposed residential property and a stub road for future expansion to the south. He pointed out the location of the retention pond. Mr. Rettig stated that the proposed retention pond will be large enough to take in all of the storm water from the proposed project’s commercial area and all of the frontage along Route 41, including DeYoung’s, the Solina parcel and Gardenia Gardens. He showed the existing retention pond for Gardenia Gardens, which will be filled in. Mr. DeYoung will be allowed to fill in the small retention pond on his parcel. Mr. Rettig stated that approximately 20 acres will drain to the new pond. Mr. Rettig stated dirt out of the pond will be used to fill in some of the low areas.

Mr. Rettig pointed out the location of the sanitary sewer that was installed by Mr. Carrigan’s property development. He stated that this sanitary sewer and the water main in the back of the car wash property will be utilized. He stated the water main will be looped and stubbed to the south for future expansion. Mr. Rettig pointed out the location of the water main tie-in.

Mr. Rettig stated he had consulted with Mr. Kraus on the engineering. Mr. Rettig stated there are a couple items in Mr. Kraus’ letter that should be addressed. He stated since the development will be a PUD, the residential lot sizes are below what is required for R-3. Mr. Rettig stated the some of the lots are slightly under the required 8,000 square feet per townhouse, with some of the smaller lots at approximately 12,000 square feet.

Mr. Rettig noted the R-3 ordinance calls for a floating building line from 30 to 40 feet. He stated that due to the smaller lots, they are proposing 20-25 foot setback lines on the plat. Mr. Rettig stated that the typical street right of way is 60 feet, the developer is requesting 50 foot street right of ways.

Mr. Rettig noted the development will have sidewalks on one side of the project instead of all sides. Mr. Rettig stated that the developer will formally dedicate a street named Lake Central Drive that will start at Lake Central Drive. He asked if the Board desired the Lake Central Drive street be contiguous (to the eastern portion of the site) or be renamed.

Mr. Rettig stated the roads could be named differently or the entire street could be dedicated as Lake Central Drive. Mr. Forbes noted at the turn, the Lake Central Drive name needs to be changed as it causes too much confusion. Mr. Rettig stated that the developer will work with Mr. Kil to come up with some unique names.

(General discussion ensued.)

Mr. Rettig stated that he would forward the soil borings report to Mr. Kenn Kraus.

Mr. Kil requested Mr. Rettig to go over the sidewalk plan again. Mr. Rettig pointed out the Town’s portion of the sidewalk. He showed the sidewalk that would be installed by the developer around the entire inner loop. Mr. Rettig stated that there would be no sidewalks installed on the outside of the two streets. Mr. Rettig pointed out the locations of the handicapped corners/sidewalks.

(General discussion ensued.)

Mr. Forbes asked if there would be a cut and depression for a handicap accessible curb cut in the vicinity of Lots 15 and 16. Mr. Rettig stated that the developer would not be opposed to this suggestion even though it is not reflected on the drawing. Mr. Kraus noted unless there is a sidewalk on the other side, it would be in violation of the ADA laws.

Mr. Forbes noted it would be driveway to driveway for Lots 4 through 7.

Mr. Rettig concurred.

(General discussion ensued.)

Mr. Forbes opened the public hearing. He called for public comment, questions or concerns.

PUBLIC HEARING

TOM SOLINAS:
Mr. Solinas stated he had concerns with drainage of the water. He asked for assurances that water drainage would not be a problem.

Mr. Rettig outlined for Mr. Solinas exactly how the drainage system was laid out. He stated the development will be able to accommodate the water from the Solinas parcel in the proposed detention pond.

Mr. Solinas asked about the location of the access road. Mr. Rettig explained that the location of what is now a “T” intersection a new road will be installed with a four way traffic signal and a deceleration lane. Mr. Rettig stated the intersection would be drastically improved.

Mr. Rettig informed the Board that Mr. DeYoung is proposing an ingress/egress easement and connection of his driveway to the new road. Mr. Carrigan also has an ingress/egress easement. Mr. Rettig stated, ultimately, these will eventually connect to the Solinas parcel.

Mrs. Solinas asked about parking space allotments per commercial building. She pointed out on the drawing parking spots that will be eliminated at a certain location. Mr. Rettig explained that the Solinas property will not connect unless the Solinas’ decide to develop. At the point of redevelopment, Mr. Rettig explained that the parking lot would have to be reconfigured. Mr. Rettig pointed out the stub street location.

Mr. Forbes called for additional public comment.

Barbara Bragg:
Ms. Bragg stated she is on Alexander Street on the east side of the development. She stated she submitted a letter to Mr. Forbes related to Park Place, Dancing Waters. Ms. Bragg asked where the water/drainage will go. She stated she did not see a retention pond.

Mr. Rettig explained that a huge retention pond will be installed. He pointed out the location of the retention pond, just west of the railroad tracks. Mr. Rettig stated there is a very old culvert under the railroad. He explained the direction and flow of the water from that point to the proposed retention pond. Mr. Rettig stated the proposed retention pond will accommodate the drainage/water from approximately 20 acres.

Ms. Bragg explained water issues near her property on Alexander Street.

Ms. Bragg stated she wanted to know what kind of fill would be used. Mr. Rettig informed Ms. Bragg that the fill being used will be moved on-site from one location to another as needed.

Ms. Bragg asked who the current owner of the parcel was. Mr. Rettig explained that both the Town and Mr. Meyers own the parcel. Mr. Kil stated that the Town owns the property where Lake Central Drive will be built and Mr. Meyers owns the commercial property. Mr. Kil noted that the Town will deed the property to Mr. Meyers who bought the property from the Town. Mr. Kil noted the transfer of the property to Mr. Meyers will not take place unless and until the development receives primary plat approval.

(General discussion ensued.)

Mr. Forbes noted he would place Ms. Bragg’s letter in the file.

Mr. Forbes called for additional public comment. There was no further public comment. Mr. Forbes closed the public hearing and brought the matter back before the Board.

Mr. Rettig noted that there are little walkways at both ends of the strip mall. He stated that Mr. Meyers indicated to him that possibly all of the foundations for the commercial property will be put in at once, but not all built at once. Mr. Kil stated he discussed with Mr. Meyers the possibility of starting with the underground utilities, foundations, pads and parking lot, and develop as he goes along. The proposed restaurant will be developed in the first phase. Mr. Kil explained that the original Lake Central Plaza was developed in a similar fashion.

Mr. Forbes asked the Board if they had any further comments or questions. There were no further comments or questions from the Board.

Mr. Forbes stated he would entertain a motion on primary plat approval. He noted the motion should reference the findings of facts. Mr. Kozel made a motion to grant primary plat approval to Park Place, Dancing Waters contingent upon Mr. Kraus’ receipt and review of the soil borings report, verification of the green cards from the certified mailing list, acknowledgement and understanding of the development plan as presented by Mr. Rettig, and incorporating the findings of fact by reference. Mr. Nietzel seconded the motion. The motion was carried by voice vote (4/0). Ayes --- all. Nays --- none.

PUBLIC COMMENT:

Mr. Forbes opened the floor to public comment. He called for public comment. There was no public comment. Mr. Forbes closed the floor to public comment.

ADJOURNMENT:

Mr. Forbes stated he would entertain a motion to adjourn. “So moved,” by Mr. Kozel. Mr. Nietzel seconded the motion. The motion was carried by voice vote (4/0). Ayes --- all. Nays --- none.

(The meeting was adjourned at 7:45 p.m.)

A TRUE COPY

_____________________________________
Susan E. Wright, Recording Secretary
St. John Plan Commission

02-18-2015 Plan Commission

February 18, 2015 Plan Commission Meeting Minutes

Forbes, President Derwin Nietzel Attorney Tim Kuiper
Steve Hastings, Vice-President   Kenn Kraus
Steve Kozel, Secretary   Steve Kil
Tom Redar    

CALL TO ORDER:

Mr. Michael Forbes called to order the St. John Plan Commission study session to order on February 18, 2015, at 7:03 p.m.

ROLL CALL:

Roll call was taken by Susan E. Wright, Recording Secretary, with the following Commissioners present: Michael Forbes, Steve Hastings, Steve Kozel, Tom Redar and Derwin Nietzel. Tom Ryan were absent. Staff members present: Kenn Kraus. Steve Kil was present. The Board’s attorney was not present. Gregory Volk, Town Council liaison, was present.

NEW BUSINESS:

A. NORTH POINT --- UNIT FOUR (TWO LOTS) --- SECONDARY APPROVAL --- JOE LENEHAN.

Mr. Forbes noted North Point, Unit Four, a two lot subdivision was the first item before the Board for their consideration.

Mr. Joe Lenihan, representative for North Point, appeared before the Board. He informed the Board that Olthof Homes is in the process of purchasing several finished lots in North Point, Phase Three. Mr. Lenehan submitted plats to the Board.

Mr. Lenihan stated that Olthof currently has a model on Lot 100. He noted that the Olthof is in the process of updating their products, adding new features to the exteriors of the homes. Mr. Lenehan stated that Olthof is going into their communities and building the new models. He stated that for marketing purposes, Olthof prefers to build their new models as close to the entrance as possible.

Mr. Lenehan stated that the model on Lot 100 is going to be sold. Mr. Lenehan stated, for marketing purposes, Olthof would like to build a new model on Lot 105, an unplatted lot. He stated the previous developer put all the improvements in for Lot 105 but did not plat it.

Mr. Lenehan informed the Board he was here tonight seeking permission to plat Lots 104 and 105. Mr. Lenehan stated in the event that Lot 105 is platted, they will build their new and updated model home there.

(General discussion ensued.)

Mr. Lenehan stated the goal is to eventually finish the North Point subdivision. He stated there are approximately 31 lots left in North Point, and, tentatively, will be developed in one or maybe two phases.

Mr. Kraus noted that the Town held a letter of credit for Unit Three. He asked if the street light/electrical issues had been addressed. Mr. Lenehan explained that when Olthof purchased the finished lots there was an open letter of credit on North Point, Phase Three. He stated that the former developer’s letter of credit was replaced by a performance bond by Olthof. Mr. Lenehan stated that Olthof fixed the street light issue, which was simply a matter of plugging something in. Olthof also made some storm water improvements, and put the final coat of asphalt down.

Mr. Lenehan stated that inspections were completed on the aforementioned improvements. He stated that Olthof then had the performance bond released and a maintenance bond was put in place.

(General discussion ensued.)

Mr. Forbes noted that this matter would be placed on the agenda for the regular meeting in March.

B. ROSE GARDEN --- PROPOSED SUBDIVISION --- BRANDON RAIMONDI --- DOUG RETTIG --- SUBLIME DEVELOPMENT.

Mr. Forbes noted the next item for the Board’s review was Rose Garden for a proposed subdivision.

Mr. Doug Rettig, Land Technologies, appeared before the Board on behalf of Sublime Development/Rose Garden. He stated that the developers of Rose Garden were before the Board previously.

Mr. Rettig noted the developers consulted him. He stated one of the hurdles for the developers were wet lands, which are delineated.

Mr. Rettig stated that the original drawings presented by the developer had the wet lands sketched in by the wet land consultant. He stated the sketches were grossly out of proportion.

Mr. Rettig presented his survey to the Board. He noted there are still wet land issues. Mr. Rettig pointed out on the drawings issues on two lots in the proposed development. He pointed out the existing street; he stated that the developer does not intend to extend the street any further. Mr. Rettig noted that the parcel is zoned R-2.

Mr. Rettig informed the Board that Lot 1 was made 20 feet wider, which meets the Town’s ordinance. He stated it is his belief that all of the lot sizes meet the Town’s R-2 ordinance. Mr. Lenehan pointed out on the drawing where a street would be connected and curbs would be placed.

Mr. Rettig pointed out a right of way that was dedicated “years ago.” He stated that Willow Ridge Manor, Phase Two, dedicated right of way but never built the street. Mr. Rettig stated that the developers will complete this street and make an improved four-way intersection.

Mr. Rettig informed the Board that the sanitary sewer and water main are place, for the most part. He stated there is drainage in place which flows to the Willow Ridge pond. Mr. Rettig pointed out the wet land area that drains into a storm sewer and ultimately to Willow Ridge pond.

Mr. Rettig noted that he would know more about detention requirements when engineering is done. Mr. Rettig pointed out to the Board that the continental divide in Lake County runs right through this parcel of land, with the north portion of the parcel draining into Lake Michigan and the south portion into the Kankakee River. Mr. Rettig pointed out the wet lands.

Mr. Rettig stated that the developers are pressing him to do engineering. He asked if the next step would be to seek permission to advertise. Mr. Kil stated permission to advertise could be sought at the March 4, 2015, meeting if the developer was ready. Mr. Rettig stated he would attend the March meeting and possibly ask for permission to advertise for April or May.

(General discussion ensued.)

Mr. Forbes asked if there were additional topography issues with Lot 10. Mr. Rettig pointed out a water way; he stated that the property line would be respected and an easement would be provided.

(General discussion ensued.)

Mr. Rettig stated that his understanding is that the developer does not want to extend the street.

Mr. Kil opened Google Earth for the Board’s reference. Mr. Rettig pointed out the location of the road that the developers are not willing extend. He pointed out on the parcel where the developers would start their project. Mr. Rettig pointed out useable land.

Mr. Redar asked about elevations off of Parrish Avenue. Mr. Rettig stated that he has not delved into the project far enough to be able to ascertain how the grading would be done.

(General discussion ensued.)

The road and its alignment were discussed. Mr. Kil advised Mr. Rettig to take note of the geometry of the street. Mr. Rettig acknowledged that the intersection was “a little tricky but manageable.”

Mr. Rettig stated he would be back soon to request permission to advertise.

Mr. Volk informed the Board that approximately six months ago the parking ordinance was brought up. He stated the main issue with the ordinance was the parking of recreational vehicles and boats on driveways during the summer season.

Mr. Volk noted the ordinance was written so that recreational vehicles were not allowed to be parked in driveways for extended periods, but through the years it has been allowed in the summer months. Mr. Volk stated the question is whether or not the Town wants to amend this ordinance or leave it as is.

Mr. Volk noted, to keep the peace, the code enforcement officer has been allowed to relax the strict application of the ordinance during the summer months. Mr. Volk stated that rather than enforce the ordinance, it may be more logical to allow residents to park their recreational vehicles seasonally.

(General discussion ensued.)

The Board decided to amend the ordinance. It was determined that the Ordinance should be changed to allow residents to park their recreational vehicles seasonally, from May 1 through November 1, no street parking, on a paved surface with no protruding parts onto the sidewalk or street.

Mr. Kil stated he would make the changes to the ordinance and bring it before the Board for their review.

PUBLIC COMMENT:

Mr. Forbes opened the floor to public comment. He called for public comment. There was no public comment. Mr. Forbes closed the floor to public comment.

ADJOURNMENT:

Mr. Forbes stated he would entertain a motion to adjourn. “So moved,” by Mr. Kozel. Mr. Nietzel seconded the motion. The motion was carried by voice vote (4/0). Ayes --- all. Nays --- none.

(The meeting was adjourned at 7:34 p.m.)

A TRUE COPY

_____________________________________
Susan E. Wright, Recording Secretary
St. John Plan Commission

03-04-2015 Plan Commission

March 4, 2015 Plan Commission Meeting Minutes

Michael Forbes, President Derwin Nietzel Attorney David Austgen
Stephen Hastings, Vice-President   Kenn Kraus
Steve Kozel, Secretary   Steve Kil
Tom Redar    

CALL TO ORDER:

Mr. Michael Forbes called to order the St. John Plan Commission regular meeting to order on March 4, 2015, at 7:01 p.m.

(The Pledge of Allegiance was said.)

ROLL CALL:

Roll call was taken by Susan E. Wright, Recording Secretary, with the following Commissioners present: Michael Forbes, Steve Hastings, Steve Kozel and Derwin Nietzel. Tom Redar and Tom Ryan were absent. Staff members present: Kenn Kraus. Steve Kil was present. Rex Sherrard was present. Attorney David Austgen was absent.

APPROVAL OF THE MINUTES: FEBRUARY 4, 2015.

Mr. Forbes noted the minutes of the February 4, 2015, Plan Commission were before the Board for their consideration. He asked if there were any additions, deletions or corrections to the minutes.

Mr. Kozel made a motion to approve the minutes of the regular meeting of February 4, 2015, as submitted. Mr. Nietzel seconded the motion. The motion was carried by voice vote (4/0). Ayes --- all. Nays --- none.

NEW BUSINESS:

A. VENTURA ESTATES --- UNIT FOUR --- SEVEN LOTS --- PUBLIC HEARING --- LARRY PONZIANO.

Mr. Forbes noted that the first item under New Business was a public hearing for Ventura Estates, Unit Four, a seven lot subdivision. Mr. Forbes noted the Petitioner was requesting preliminary plat approval.

Mr. Kil noted that the Proofs of Publication were in order for Ventura Estates to properly conduct a public hearing tonight.

Mr. Larry Ponziano, Ventura Estates, Unit Four, appeared before the Board seeking preliminary plat approval. He informed the Board that he had submitted drawings for their review. Mr. Forbes asked for a brief presentation from the developer.

Mr. Glenn Kroc, land surveyor, appeared before the Board. He stated that the developer had an unusual situation in that when platting was done on the Ventura subdivision, a cul de sac was put in with ten lots, and for unknown reasons, the street was never put down. Mr. Kroc stated that the developer is to the point where they were hoping to use the lots.

Mr. Kroc stated that there were wet land issues. He stated that the Army Corps of Engineers was contacted along with the proper authorities and wet land mitigators. Mr. Kroc informed the Board that an agreement was reached wherein the Army Corps gave the developer permission to build the road and build on five lots, Lots 92 through 96. Mr. Kroc stated that the other five lots will be left as a wet land reserve. He stated that the wet land process established a boundary, which is essentially is the right of way of the cul de sac.

Mr. Kroc stated that the engineering was previously done, and what is being done now is re-platting the parcel so four lots can be vacated, Lots 88 through 91. He stated the developer was seeking preliminary plat approval so they can proceed with the development.

Mr. Kroc stated that one caveat to the whole deal is that when the project was started last September, they were in contact with the Public Works Department. He stated that the existing sanitary sewers were located and survey work was done. Mr. Kroc stated the developer cannot find any evidence that there may or may not be sewer caps in the main line.

Mr. Kroc stated that the main manhole will be entered and videoed, and the work will be televised. He stated the developer will ascertain through this televised method whether there are any sewer caps present. Mr. Kroc stated if the sewer caps are available, additional sanitary sewer will not have to be installed. He stated if the sewer caps are present but not in good condition, it would be up to Mr. Kraus and the Public Works Department, after review, on how to proceed. Mr. Kroc stated that a sanitary sewer extension would be installed if necessary.

Mr. Forbes noted there would be opportunity for public comment. He stated he had a letter from Haas & Associates. He stated that the letter indicated all issues were satisfactory with the following exceptions, a sidewalk is reflected only on one side of Dena Court.

Mr. Forbes read a portion of the letter, “In lieu of an inlet in the rear yard an existing drainage way has been given an easement on Lot 93 to allow drainage flow from the rear yard to the new culvert pipe under Dena Court.” Mr. Forbes asked Mr. Kraus to explain this. Mr. Kraus explained that the ordinance requires a rear yard inlet every 300 feet. He stated instead of putting an inlet in for the rear yards of Lots 93 and 94, there is an existing low gully that runs through this location and the gully will run through and instead of an inlet there will be an open swale.

(General discussion ensued.)

Mr. Forbes stated he is concerned about water flowing on to Dena Court, causing icing. He asked if it was certain that the water would be collected in this fashion. Mr. Kraus stated that with the grading plan as it is all of the water should go to the mouth of the culvert and the culvert is large enough to handle a 50-year storm.

(General discussion ensued.)

Mr. Forbes noted that the Storm Water Design Certification statement is not included on the plans. Mr. Kraus noted that he was in receipt of a set of plans that contain the Storm Water Design Certification statement, but it is not reflected on the small drawing. Mr. Kroc stated he could provide as many copies of the certification as needed, and he had sent an electronic copy.

Mr. Forbes noted the sub-surface soil report was not submitted. Mr. Kraus concurred. Mr. Kraus stated that compaction tests for the road were submitted. Mr. Kraus stated he has not seen the soil boring report as of yet.

Mr. Ponziano stated that a total eight borings were done, five were on a lot and three in the road. He stated it was the same company that did the nuclear density testing. Mr. Ponziano stated he would submit copies of this report.

(General discussion ensued.)

Mr. Forbes noted the developmental fee has not been paid and the SWPPP plan has not been submitted. Mr. Kraus stated he has a partial SWPPP plan, but no N.O.I. or the check list narrative.

Mr. Kraus remarked that the developmental fee does not have to be paid until final plat. He stated at this stage he usually calculates the fee. Mr. Kraus noted the developmental fee would be two percent of the construction costs. Mr. Kil noted that Mr. Kraus would calculate the developmental fee after Mr. Ponziano provided him with the construction cost numbers.

Mr. Forbes noted the only outstanding issue was the sidewalk on only one side. He said Dena Court has sidewalks on both sides where it comes from Ventura Drive until it hits the cul de sac. Mr. Forbes noted the developer is proposing sidewalk on the south side of Dena Court up to the property line of Lot 92.

(General discussion ensued.)

Mr. Forbes remarked he is a big fan of sidewalks. Mr. Forbes asked the Board members if they had any questions for the developers. There were no questions from the Board members.

Mr. Forbes opened the public hearing.

PUBLIC HEARING

June Grove, 8678 Tally Drive:
Ms. Grove asked why the developer is being allowed to build on the lots now when 20 years ago Olthof was not allowed to build because of the wet land. She opined nothing has changed.

Mr. Forbes pointed out the wet land area on the drawing. He stated that this area was actually deemed a wet land. He stated that when the previous developer was going to build at that time, when it was determined they could not build on all of the lots the developer (Oltof) decided it was not feasible for them to build and walked away from the project.

Mr. Forbes stated there is going to be no building in the wet land area. He stated that Lots 92 through 96 are buildable lots, and the current developer has determined this is acceptable to them.

Ms. Grove asked if a road would be continued to Route 41. Mr. Forbes stated that the road would not go through to Route 41.

Ms. Grove stated that when there is a heavy rain, the embankment by the creek floods and water comes into her yard. She stated that the sewer in front of her yard does not carry the water away fast enough during heavy rains. She stated she has a long driveway and the water will come half way up her driveway. Ms. Grove stated she did not want to have any other problems with water.

Mr. Forbes stated that the proposed project should not compound the water problems that she described. He stated there may be something that needs to be examined in her subdivision.

Ms. Grove stated when the maps were redrawn a couple of years ago, she was placed in a flood plain. She explained that she has two neighbors, one on either side of her (in one building). Ms. Grove stated her (middle) neighbor had a survey done a couple of years ago, and she is not deemed to be in a flood plain.

Mr. Forbes stated he is well acquainted with the change in the maps and the flood plains. He stated that he would talk to Mr. Kil, Town Manager, and look at the water issue in front of her house. He reiterated that the proposed subdivision would not add or detract to the water problem she described.

Mr. Kil informed Ms. Grove that the Town has helped a lot of residents get removed from the flood plain. He noted that the Town’s base flood elevation has been established. Mr. Kil stated that if it can be established that Ms. Grove’s home is two feet above the base flood elevation she could be removed from the flood plain.

(General discussion ensued.)

Mr. Forbes called for additional public comment on Ventura Estates.

John Perez, 11627 Ventura Drive:
Mr. Perez stated he is concerned about water. He stated that standing on Ventura Drive after a storm you can see the whole area where the wet land is located with at least four or five inches of water after a good storm. Mr. Perez stated the worst water he has experienced on his property after a bad storm is water two to three feet up his easement.

Mr. Perez stated he is concerned about the potential homeowners in the new development. He asked if the proposed homes would be in a flood zone.

(General discussion ensued.)

Mr. Kil stated that the bulk of the costly engineering work was done by Olthof, and they established the base flood elevation at this location. Mr. Kil explained that the developer would take care of this issue for each individual homeowner who buys a lot in the subdivision.

(General discussion ensued.)

Mr. Ponziano explained how the water would be directed in the proposed subdivision.

Mr. Forbes called twice for additional public comment. There was no additional public comment. Mr. Forbes closed the public hearing and brought the matter back before the Board.

Mr. Forbes asked if the water would flow both ways off of the development. Mr. Kraus noted from the lots on Tally Drive there is a slope towards Dena Court, Dena Court has an approximate two foot drop from where the road ends now to the cul de sac. He noted at the low point, there is a culvert pipe with two inlets to catch water, and two additional inlets located where Dena Court ends now.

Mr. Kraus stated all of these drainage features will direct the water into the detention basin that is up against the railroad tracks. He stated from the detention basin the water will be released into the ditch. Mr. Kraus stated all of the water should run away from Mr. Perez’s home to the end of the cul de sac and go into the wet land and detention basin at this point.

Mr. Kozel stated he liked the idea of continuing the sidewalk. Mr. Forbes concurred; he stated the sidewalk should go in. Mr. Kil recommended that the sidewalk should be put next to the curb.

(General discussion ensued.)

Mr. Forbes stated he would entertain a motion for preliminary plat approval for Ventura Estates, Unit Four, contingent upon receipt of the soil borings, receipt of the Storm Water Design Certification statement as reflected on the plans submitted to the Town, and the plan reflecting the sidewalk going all the way around.

Mr. Kozel made a motion to grant primary approval to Ventura Estates, Unit Four, contingent upon receipt of soil borings, a sidewalk on both sides of Dena Court, receipt of the Storm Water Certification statement, and incorporating the findings of fact by reference. Mr. Hastings seconded the motion. The motion was carried by voice vote (4/0). Ayes --- all. Nays --- none.

B. NORTH POINT --- UNIT FOUR --- TWO LOTS --- FINAL PLAT --- JOE LENEHAN

Mr. Forbes noted the next item for the Board’s review was North Point, Unit Four, two lots for final plat.

Mr. Joe Lenehan, Olthof Homes, appeared before the Board seeking final plat approval on North Point, Unit Four. Mr. Lenehan stated his understanding was the only outstanding item was to link the corner to the state coordinates. He stated this was done and submitted. He asked the Board of there were any questions.

(General discussion ensued.)

Mr. Kraus stated he checked with Ms. Teri Wilson to find out if there had been any developmental fees paid for Unit Three. He stated she could not find any record of any developmental fees being paid for the entire subdivision. Mr. Kraus stated he’s not sure what happened here. Mr. Kraus stated this does not mean the developmental fees weren’t paid, just that no record of the developmental fee payment can be found. Mr. Kil stated he would look into this matter.

Mr. Forbes asked the Board members if they had any questions. There were no questions from the Board members. Mr. Forbes stated he would entertain a motion on final plat for North Point, Unit Four, two lots.

Mr. Kozel made a motion to grant final plat approval for North Point, Unit Four, for the two lots and referencing and incorporating the findings of fact into the motion. Mr. Nietzel seconded the motion. The motion was carried by voice vote (4/0). Ayes --- all. Nays --- none.

For the record, Mr. Forbes stated he would entertain a motion to authorize signature of the Mylar once Mr. Kraus has completed his review of the same. “So moved,” by Mr. Kozel. Mr. Hastings seconded the motion. The motion was carried by voice vote (4/0). Ayes --- all. Nays --- none.

C. ROSE GARDEN --- PROPOSED SUBDIVISION --- PERMISSION TO ADVERTISE FOR PUBLIC HEARING --- BRANDON RAIMONDI.

Mr. Forbes noted Rose Garden, a proposed subdivision, was before the Board for permission to advertise for a public hearing.

Mr. Brandon Raimondi, Sublime Development, appeared before the Board seeking permission to advertise for a public hearing at the regular meeting in April.

Mr. Forbes noted that the only outstanding discussion was on the road. Mr. Kil added that the developer has acknowledged that they have to put all of Parrish Avenue in. Mr. Raimondi concurred.

Mr. Kil stated that the intersection near 89th and Parrish Avenue was discussed. He directed Mr. Raimondi provide Mr. Kraus with a detailed plan, as the Board would like to see some geometry on this location. Mr. Kil stated that a deceleration lane will need to be put in and a determination made on the location of stop signs. Mr. Kil stated this would eventually become a four-way stop intersection.

(General discussion ensued.)

Mr. Kil directed the developer to have Mr. Rettig get this drawn up and return to the study session for review. He stated the Board would like to see the intersection drawn for their review.

A resident in the audience had some questions on the location of roads and stop signs.

(General discussion ensued.)

Mr. Forbes asked the Board if they had any further questions. The Board members had no further questions.

Mr. Forbes stated he would entertain a motion to authorize Rose Garden permission to advertise for public hearing at the regular meeting in April “So moved,” by Mr. Hastings. Mr. Nietzel seconded the motion. The motion was carried by voice vote (4/0). Ayes --- all. Nays --- none.

PUBLIC COMMENT:

Mr. Forbes opened the floor to public comment. He called for public comment. There was no public comment. Mr. Forbes closed the floor to public comment.

ADJOURNMENT:

Mr. Forbes stated he would entertain a motion to adjourn. “So moved,” by Mr. Kozel. Mr. Nietzel seconded the motion. The motion was carried by voice vote (4/0). Ayes --- all. Nays --- none.

(The meeting was adjourned at 7:51 p.m.)

A TRUE COPY

_____________________________________
Susan E. Wright, Recording Secretary
St. John Plan Commission

03-18-2015 Plan Commission

March 18, 2015 Plan Commission Meeting Minutes

Michael Forbes, President Tom Ryan Attorney Tim Kuiper
Steve Hastings, Vice-President Derwin Nietzel Kenn Kraus
Steve Kozel, Secretary   Steve Kil
Tom Redar    

CALL TO ORDER:

Mr. Michael Forbes called the St. John Plan Commission study session to order on March 4, 2015, at 7:02 p.m.

(The Pledge of Allegiance was said.)

ROLL CALL:

Roll call was taken by Susan E. Wright, Recording Secretary, with the following Commissioners present: Michael Forbes, Steve Kozel and Tom Redar. Steve Hastings, Tom Ryan and Derwin Nietzel were absent. Staff members present: Kenn Kraus. Steve Kil was present. Town Council liaison, Greg Volk, was absent. Attorney Tim Kuiper was absent.

NEW BUSINESS:

A. ROSE GARDEN --- PROPOSED SUBDIVISION --- BRANDON RAIMONDI --- DOUG RETTIG
Mr. Forbes noted that the first item under New Business was a Rose Garden, a proposed subdivision.

Mr. Doug Rettig, Land Technologies, appeared before the Board on behalf of Brandon Raimondi and Sublime Developers. Mr. Rettig noted the developers of the project appeared at the last meeting requesting permission to advertise.

Mr. Rettig stated he would present a preliminary sketch of the four-way intersection at 89th and Parrish Avenue.

(Mr. Rettig passed out drawings.)

Mr. Rettig informed the Board that the proposed development is located on the west side of Parrish Avenue, an undeveloped portion of Willow Ridge. He stated the proposed Rose Garden is a ten-lot subdivision.

Mr. Rettig explained the location of the road with a divided interest going east into Willow Ridge, north on Parrish and then a partial street south of 89th Avenue. He stated this area would be fully improved into a two-lane street heading south into the new project.

Mr. Rettig stated that there is an unusual situation with the road west of Parrish Avenue, in that it was built south of the section line. He explained that’s why things are not centered at this location. He notes the center line goes east into Willow Ridge, which should be the section line of 89th Avenue, but it’s not. Mr. Rettig stated this issue would be dealt with.

Mr. Rettig noted there is an exception for the north 18 feet which leaves a 38 foot right of way (as you go west) dedicated to 89th Avenue at the present time, a 20 foot right of way on the north side of the section line, and 18 feet south of the section line. He noted the developer is going to dedicate an additional 22 feet, which would make a total of a 60 foot right of way. Mr. Rettig noted that the road would be south of the section line he outlined.

Mr. Kil noted although the road will be a little off, it will be better than it is at the present time. Mr. Rettig noted the north side of the road would be widened. He stated this would not drastically change the traffic pattern and but it would be more aesthetically pleasing.

(General discussion ensued.)

Mr. Rettig noted the grades/elevations would be manageable.

Mr. Forbes asked the Board members if they had any questions. Mr. Kozel remarked that the drawing presented by Mr. Rettig cleans up the area, Mr. Kil concurred. Mr. Rettig stated the drawing would be incorporated into the plans.

There were no further comments or questions.

B. CONDOR ESTATES --- ONE LOT SUBDIVISION --- 12225 WEST 85TH AVENUE --- DAVE SPOOLSTRA.
Mr. Forbes noted the next item for the Board’s review was Condor Estates, a one lot subdivision.

Mr. Dave Spoolstra appeared before the Board on behalf of Condor Estates. He informed the Board that this lot is currently sectioned into three lots, and that the owner wants it re-platted into a one lot subdivision.

Mr. Spoolstra stated that the lot in Condor Estates can be reached by taking Patterson to 85th Avenue, taking a left on 85th Avenue and proceeding approximately one-quarter mile and the parcel is located on the left-hand side. He noted there was an existing house on the parcel and it was torn down. Mr. Spoolstra noted the proposed home would be located in basically the same place as the old residence.

Mr. Forbes noted that Lots 45, 46 and 47 would be turned into one lot. Mr. Spoolstra agreed.

Mr. Kil located the parcel on Google Earth. Mr. Spoolstra pointed out the existing driveway. Mr. Spoolstra noted that the parcel is pretty heavily wooded.

(General discussion ensued.)

Mr. Forbes directed Mr. Spoolstra to request permission to advertise for a public hearing at the next regular meeting on April 2, 2015. Mr. Forbes said after the authorization of the public hearing is granted, they could move forward.

C. PARKING ORDINANCE --- CONTINUED DISCUSSION.

Mr. Forbes asked if Mr. Kil had prepared a draft for the parking ordinance. Mr. Kil acknowledged that he had and he passed out documents entitled Supplemental Parking Regulations. Mr. Kil placed a copy of the existing parking regulations on the media screen. The section which had been amended was highlighted on the document.

Mr. Kil directed the Board to note the change from “recreational vehicles” to “recreational vehicles and boats, motorized and nonmotorized.” He explained that he used verbiage to cover every nuance in the ordinance in order to eliminate any debate on the meaning of the same.

Mr. Forbes directed Mr. Kil’s attention to Section 2, “No vehicle may be parked in manner to obstruct any part of a sidewalk, including the part of a sidewalk that intersects a driveway.” Mr. Forbes noted that this will be a point of debate. Mr. Forbes noted changing the wording to “no part of the motor home/trailer can in any way intrude into the plane of the sidewalk.” Mr. Kraus suggested after the word “obstruct” adding “any part of a sidewalk or extend over a sidewalk including that part of the sidewalk that intersects a driveway.” Mr. Forbes remarked that simpler would be better.

(General discussion ensued.)

The next section “Recreational Vehicles and Boats,” was addressed. Mr. Kil noted that residents should be able to enjoy the use of their extracurricular recreational vehicles without the Town looking like a parking lot.

Mr. Volk suggested that the word “may” be omitted in the first sentence, second line, in Paragraph A.

(General discussion ensued.)

Mr. Kil noted the boats and recreational vehicles cause the most problem, as far as parking, in Town during the warm months. There were no further comments or questions on the amended Supplemental Parking Regulations.

Mr. Volk suggested rearranging the order of the paragraphs. Mr. Forbes opined that it is acceptable the way it is laid out.

D. COMPREHENSIVE PLAN --- DISCUSSION TO UPDATE.

Mr. Forbes noted the Board would address the Comprehensive Plan and the intention to update the same.

Mr. Kil informed the Board that he met with a representative of Solomon, Cordwell & Buenz, from the same firm who prepared the Town’s last Comprehensive Plan, approximately ten years ago. Mr. Kil directed the Board’s attention to the proposal that he was provided related to updating the Comprehensive Master Plan.

Mr. Kil stated that the thoroughfare, land use/zoning, TIF Districts components will be updated or added. He showed the Board the street scape. Mr. Forbes asked if the Comprehensive Plan and the Thoroughfare Plan were to separate plans. Mr. Kil acknowledged that they are currently two separate plans but will be combined into one plan.

Mr. Kil showed the Board the proposed costs of the project. He stated it includes the price of renderings. Mr. Kil stated that having an updated Master Plan to show developers would be beneficial for the Town. He stated the plan would incorporate the existing and proposed bike trail.

Mr. Kil stated there will be several meetings and public meetings to ascertain what is needed and wanted. He stated he had a First Group proposed price to develop a Thoroughfare Plan at $17,000. Mr. Kil directed the Board’s attention to Appendix D, the proposed price for updating of the Comprehensive Plan.

Mr. Kil reiterated that it has been ten years since the last Master Plan was developed and things have changed a lot in St. John since then.

(General discussion ensued.)

Mr. Forbes asked the Board members if they had any comments or questions. The Board members had no comments or questions.

Mr. Kil asked for the Board’s permission to present the proposal to the Town Council.

PUBLIC COMMENT:

Mr. Forbes opened the floor to public comment. He called for public comment. There was no public comment. Mr. Forbes closed the floor to public comment.

ADJOURNMENT:

Mr. Forbes adjourned the meeting.

(The meeting was adjourned at 7:43 p.m.)

A TRUE COPY

_____________________________________
Susan E. Wright, Recording Secretary
St. John Plan Commission

04-01-2015 Plan Commission

April 1, 2015 Plan Commission Meeting Minutes

Michael Forbes, President Derwin Nietzel Stephen Kil, Town Manager
Gregory Volk, Vice-President Stephen Hastings Kenn Kraus, Town Engineer
Steve Kozel, Secretary   David Austgen, Commission Attorney
Tom Redar    

CALL TO ORDER:

Mr. Michael Forbes called to order the St. John Plan Commission Regular Meeting on April 1, 2015 at 7:00 p.m., and asked all to rise for the Pledge of Allegiance (recited and all took their seats).

ROLL CALL:

Roll call was taken by Chairman Mike Forbes. Commissioners present: Michael Forbes, Stephen Hastings, Tom Redar, Steve Kozel, Derwin Nietzel. Staff present: Kenn Kraus, Stephen Kil. Absent: Gregory Volk.

APPROVAL OF THE MINUTES:

The minutes of March 4, 2015. Mr. Forbes entertained a motion. Mr. Kozel motioned that the board approve the March 4, 2015 minutes as submitted. Motion seconded by Mr. Hastings. Motion carried 5 ayes – 0 nays.

NEW BUSINESS:

A. CONDOR ESTATES – Request for Public Hearing – One Lot Subdivision

Mr. Forbes advised the first agenda is Condor Estates, request for public hearing on a one-lot subdivision. Mr. Forbes advised that if the board members recall, this is located on 85th Avenue, where the Petitioner is looking to combine lots into one, so that he can build another home.

With no questions or comments from the board members, Mr. Forbes entertained a motion to authorize permission for public hearing at our next meeting on May 6, 2015. Motion made by Mr. Redar. Motion seconded by Mr. Nietzel. Motion carried 5 ayes – 0 nays.

B. SILVERLEAF – PHASE TWO – Request for Reduction of Letter of Credit

Mr. Forbes advised the next agenda item is for Silverleaf – Phase Two, request for a letter of credit reduction.

Mr. Forbes advised that he has a letter from Mr. Kraus recommending that the Letter of Credit be reduced from $1,015,963.33 to $894,083.33. Mr. Forbes asked for any questions or comments from the board.

Hearing none, Mr. Forbes entertained a motion to make a recommendation to the Town Council to accept the revised Letter of Credit. Mr. Kozel made a motion to make a recommendation to the Town Council to accept that Letter of Credit. Motion seconded by Mr. Redar. Motion carried 5 ayes – 0 nays.

PUBLIC HEARING:

A. ROSE GARDEN – Preliminary Approval (Mr. Brandon Ramondi)

Mr. Forbes advised the next item on the agenda is a public hearing for Rose Garden – preliminary plat approval by a Mr. Brandon Ramondi. Mr. Forbes advised that before we start, Mr. Kil was asked if all the proofs of publication were in order. Mr. Kil advised that they were.

Mr. Doug Rettig of Land Technologies introduced himself to the board members, and advised he is the project engineer, and also with him is Brandon Ramondi, and we are here for Rose Garden Addition.

Mr. Rettig advised that this is a ten (10) lot subdivision to be platted immediately West of what is known as Willow Ridge Manor, or basically Willow Ridge Manor – Phase Two. Mr. Rettig advised that it is on the West side of Parrish Avenue and South of 89th Avenue. Currently the entrance into Willow Ridge is right here (directed their attention to the meeting room screen), and is what we would classify as a three-way intersection right now, and this street presently does not fully exist. Mr. Rettig advised that a small portion was put in for the corner lot, and a partial street put in here that the balance of the street has never been done.

Mr. Rettig directed the members attention to an existing water main already in place, so we will not be putting in any new water main. Mr. Rettig advised they will be bringing in water services in for all ten (10) lots. Mr. Rettig advised that there is a sanitary sewer existing, basically on the South paat, that services existing homes in Willow Ridge Manor – Phase Two. We will be extending that across the street and North to service the remaining lots that are not served right now. Mr. Rettig advised for storm sewer they have a similar situation, there is a high point through this property (he pointed to meeting room screen), that is the two water sheds.

Mr. Rettig directed their attention to the highest ground shown on the drawing, and advised that there is a culvert underneath 89th Avenue where there is a low spot in the road; and there are some small wetland areas associated with this are up in the drawing. Mr. Rettig advised that they have had a wetland delineation done and they are losing just a corner of the one lot.

Mr. Rettig advised that there are some wetland issues down to these two couple of lots; which we are addressing with our wetland consultant, but we are getting a permit to fill a little bit of wetlands (shown in screen), to make those viable lots, but leave all the wetlands in back intact. There is also a waterway through the wetlands and we are leaving that all alone.

Mr. Rettig advised that basically all the water drains to this existing pond which drains through our site, and ultimately to the pond in Willow Ridge Manor. That drains into a 24” storm sewer that is already in place. Mr. Rettig advised that they really are not altering anything out there; storm drainage.

Mr. Rettig advised that it is pretty much a straight forward project. There is a little bit of elevation change, which is evident when you drive out there along side the road here. They started building this road several years ago, and never were able to acquire this extra property. There is some dirt work, having to push down the hill there and put in the new storm sewer and then grade those lots out a little bit further.

Mr. Redar asked about the drainage down at the South end; so once it gets away from Lot 10, what direction does it head. Mr. Rettig advised East, underneath the road that is not built yet, it will go underneath Parrish. Mr. Rettig advised that there is a 24” pipe in place, under just South of where the road ends, and that picks up a little catch basin on the West side, and then it dumps into a 24” pipe which goes to the Willow Ridge pond.

General discussion ensued as to the drainage course of several storm sewer pipes in the area.

Mr. Forbes advised that this is a public hearing and he is opening the floor to the public. Please step to the podium and stated your name and address for the record please.

Rodney Mills (9551 Highland Court):

I wanted to know if those home were going to be annexed in to our covenants. Mr. Mills stated that water mains are on the other side. And that would impact them and there are some jerks out there and that is his only concern.

Mr. Rettig advised that they will probably do the same type of covenants; there are only two points where the main is behind the sidewalk, everywhere else it is located in the easement and we want to have as little disruption to the existing residents as possible.

Rich Bisaga (9149 Deodor Street):

So, what about the property South the creek.

Mr. Rettig, we do not own that, and is not part of the property.

Ken Schneider (9001 Parrish Avenue):

I have a couple of questions of open cuts on the street, are there any, or are to going to pull into that sanitary.

Mr. Rettig, asked if he was talking about Parrish Avenue, and advised yes for the sewer and water services. He further advised that would be “bored”, and they would be bringing sanitary to the other side of the road, and to the North.

With no further public comment, Mr. Forbes closed the floor to public comment and brought the matter back to the board.

Mr. Redar asked about the grading plan; are all of these lots exclusively going to be built on by you guys, are you opening these lots up to other builders as well? (Unknown: We are considering selling about five of them). Mr. Redar stated that his main concern is elevations here and when Mr. Rettig did the plan, he was very specific to show where the garage was to be placed, and we don’t need to vary from that, because it is going to create a problem. Mr. Redar stated that he understands that you build a house for a client and they don’t like the way things are rotated; but, I think if they vary from this grading plan there is going to be some elevation issues here.

Mr. Kraus stated that they also discussed at the last meeting where the set-back line should be, and they have shown a 30’ set-back, but that doesn’t mean that we can’t set a house like 40’ back in case there is a big differential between the street elevation where the garage floor needs to be, cause we can’t go over the ten percent slope on that driveway.

Mr. Kraus advised that he talked to Mr. Rettig about maybe showing 40’; but there are house designs that can take that into account, and actually have steps from the garage into the house. Then you wouldn’t need to set the house that far back. Mr. Kraus stated that is why he went with the 30’ that is required by our ordinance.

Mr. Redar noted that if you look at these elevations, you are pretty much 2’, give or take a little bit, above the curb, which is what our ordinance says; just so they don’t get carried away.

Mr. Rettig advised that there would probably be custom homes, where the garages would be kept on the high side.

Mr. Kil stated that he thinks what Mr. Redar is looking for, is he wants for them to sit here and say “they will follow the plan and keep the garages on the high side of the lot”. [Laughter], that is what he is looking for them to say, so just say it so there is no arguing when the plats of survey come in, and we are fighting with grades.

Mr. Forbes stated he thought that we were looking for something on the final plat, just to lock that in, right? Mr. Kil advised that they are going to lock it in right here, because sometimes there are homeowners and they will want to flip a house, well we are not going to be flipping these houses. We are going to put the garage on the high side of the lot where it is supposed to be, and I’m not going to fight these elevations, like Lake Hills is a classic example. But, you have no choice there, it’s rolling. Mr. Rettig went to great pains to decide where to set the grade, set the foundation, set the finish grades, and we need to follow it.

Mr. Rettig advised that he thinks it is pretty clear. Mr. Kil stated “let the record reflect that they said that”.

Mr. Nietzel asked if we are going to widen the intersection of Parrish and 89th, in other words, the inner side or the outer side of that radius. Mr. Kil advised that would be straightened out. Mr. Rettig advised that would is corrected and curbed.

Mr. Redar asked about street lighting. Mr. Rettig advised they will be placed, so that it complies with the ordinance.

Mr. Forbes advised that if there is no further discussion he would entertain a motion, to approve Preliminary Plat for Rose Garden, and include the findings of fact by reference. Mr. Hastings made a motion to approve Preliminary Plat approval and incorporating the findings of fact. Motion seconded by Mr. Redar. Motion carried 6 ayes – 0 nays.

PUBLIC COMMENT:

Mr. Forbes and Mr. Kil noted that there was no public comment; however, there was still an issue to discuss amongst the board members.

GENERAL DISCUSSION:

Mr. Kil advised the board members that they have something brand new that is “hot off the press here”. Mr. Kil advisd that he was approached by Mr. Bruce Boyer and Mr. James Buchanan and his brother Richard.

Mr. Kil advised that the board members will recognize this parcel here (shown on meeting room screen), which will explain exactly what it is. Mr. Kil advised that 96th Avenue, as you can see U.S. 41 on the left side of the drawing, and Joliet Street up in the right hand corner. Basically this is the old Standard Lumber building where Rascals is at.

Mr. Kil advised that they are proposing a new development in that entire area shown. There would be a road tied into Joliet Street that would intersect with 96th Avenue on the highway; and we would install a traffic light there. Mr. Kil advised that you can see all the nice retail that is planned; and that this is going to be a work in progress, but it is going to be coming in front of the board members probably in short order.

Mr. Kil advised that in his discussions, you will notice that road cut on Joliet Street, how close it is to the railroad tracks. Mr. Kil stated that they are going to propose moving this road cut; to the West, along Joliet Street, closer to U.S. 41. This piece of property to the left right here (shown on screen), is vacant, and they are looking to put a traffic circle on Joliet Street, which would lead back into this development, and then intersect with 96th on the highway.

Mr. Kil advised that what would happen is, that we would end up closing off all left-turns on Joliet Street right now. There would be no left turn off the highway, there is going to be no left turn off of Joliet Street. If you want to access U.S. 41, if you are coming from the East, you would cross the tracks, hit the traffic circle, come down around this road through this development to a “controlled traffic light”. This is because everybody knows that right now it is a mess. Every time you are behind someone on U.S. 41, someone is always turning onto Joliet Street, and it backs up all the traffic on the highway.

Mr. Forbes and Mr. Kil commented there are a ton of accidents at that location.

Mr. Kil continued that Joliet Street is going to be a two-way road, we are just going to eliminate all the left-turns at Route 41, so if you think about it, you will have a minimal amount of traffic. You are going to have a traffic circle with flow coming from Crown Point from the East, around the traffic circle out, and you are going to have the same way going back. Very rarely are you going to have a car that is going to come up Joliet Street, because you have very limited business there, and homes.

Mr. Kil advised that for the primary flow of traffic, the traffic circle is going to work out perfectly, because you have to keep traffic going, you can’t have a stop sign, where you would have traffic back up over the tracks. It has to keep flowing, so that would be a really good application for it.

Mr. Kil advised that this further encompasses, on the South side of this drawing, the old Car Wash building, and the old house that is there. And the only piece pf property between that and the frontage road behind Eenigenburg Water, is Al’s Auto Body. Mr. Kil advised that he went and looked at the location today, that road could easily connect right through Al’s, right into the Stracks and Target development, which would give us our whole frontage road system along the highway, that we have been planning.

Mr. Kil advised that this is something that is coming. This is their first shot at it. He (Mr. Boyer) has some work to do and I want a detail on the South side, where they are going to tie into Stracks and Target. I want a detail on the intersection improvement at Route 41 and 96th. And they are going to research moving the road up Joliet Street, and I told them I want a detail on a traffic circle before he brings that in front of the board members. Mr. Kil advised that he wants the members to see everything.

Mr. Kraus asked what is across the street on Joliet. Mr. Kil advised just some homes. Mr. Kraus asked if they will need to buy some more right-of-way in order to put the traffic circle in on that side.

Mr. Kil advised there is going to have to be some property acquisition, yes. This is a TIF District, and they are discussing doing a TIF project with the Town. Mr. Kil advised that he has not gotten those details yet, but we are going to have to buy properties.

Mr. Redar asked if this was a round-about like Schererville did at Cline and Rohrman Road. Mr. Kil stated he is actually looking to mirroring the one in Weston Ridge. A big round-about, with two lanes of traffic. Mr. Kil advised that Schererville’s works great; they were confined by geography there. I think if the property is purchased correctly, we do not necessarily have to have a dead space in the center of it, although that is kind of like a focal point, and a little clock tower would not look bad there. Mr. Redar stated that he liked the idea.

Mr. Kil advised that he has to get it all straightened out here before it is even brought before the board members and start spending a lot of time in meetings, and I don’t want to waste time at a meeting, I want it to be productive time. Mr. Kil advised that when they get a little bit farther along, I will probably pull Mr. Kraus into a staff meeting and we will go through all the particulars of this.

I believe the outlet for the detention is at the South end of the property right now, and that eventually goes down to Stracks and Target, hooks up with the St. John Ditch, flows through that big-box culvert that they installed. And then that intersects with the Bull Run Ditch down South.

Mr. Kil reiterated this is only a conceptual site plan, which looks really nice, I love the way they laid it out. They know about all the things that we have discussed at length. But this is going to be a really exciting project that is going to be coming in front of us. A lot of retail, restaurants and everything we have been wanting. It is a miniature version of the “Shops on Main” up in Schererville.

Mr. Kozel asked if we are looking at the design of this so there is enough traffic that it can handle the flow.

Russ Pariols (9383 West 89th Avenue): [can I say something?]

You are talking about Boyer Construction and commercial retail. Please be keen on how the traffic is affected and the design and flows, because I go past the one in Munster and it is “F’d up”, and there’s accidents on Calumet Avenue at least once a week, because of the way they designed the project and it horrible, and I know they had limited space to do it with, but I.,.

Mr. Kil advised that they do not have limited space to make this work. And this is why when we had a staff meeting, we are not going to tie it into Joliet Street at a round-about, tie into a light at U.S. 41, he is tying it into the frontage road system to go South into Stracks and Target also. So there will be a lot of flow around this site, but that is what will be coming before the Plan Commission. We will be spending “countless” meetings on this project.

(People talking in the background – inaudible, Mr. Kil and Mr. Forbes were trying to answer)

Mr. Kil stated to the aforementioned, “then you can appreciate them stopping left turns onto U.S. 41 from Joliet, that’s a nightmare”. Mr. Kil reiterated to someone in the audience that they (Plan Commission) will make it so difficult to get around that turn at Joliet Street, and I don’t know exactly in my head what it is going to look like yet, but when it is designed, but I want it designed so there is no chance in hell that “anybody” can violate, they would have to make a “U-turn” on U.S. 41 and come North in order to get into it.

Mr. Kil advised that a good portion of this project is a whole new design at the intersection of U.S. 41 and Joliet Street; and the whole design of the traffic circle; a whole design at the light. There is a whole bunch of designs going on all at one time, which is going into play at this development. But I am like you (unknown), I want to stop every single,., I don’t even want a chance that they will be doing it. They will have to see almost a barrier wall in front of them.

Mr. Kil came back to the board members and advised that he has discussed this with Mr. Forbes and wanted them aware of this development; it is not even a day old, as it just came in the door.

Mr. Kil stated he thought this is a development that they have been waiting for and you will notice that on the other side of the road, there is that frontage road system, so you can access all that area from the frontage road, including Community Outpatient Center, Chase Bank, and the old K-Mart. That traffic signal will function to service the West side.

Mr. Redar asked if they are proposing anything for the old Standard Lumber building. Mr. Kil advised that everything would be torn down. They are knocking everything down; the old house, the car wash. Mr. Redar stated it is about time and he liked that.

Mr. Kil advised he did a site inspection and there is plenty of room for the access road to go behind Al’s Auto Body as well.

(Audience member asked about the Craft Beer place)

Mr. Kil advised that they will be building a new place for St. John Malt Brothers, and they have spoken to Mr. Jim Estry, the owner, and having a real nice outside seating area. Mr. Estry is going to be incorporated into this development.

Mr. Forbes advised that everyone in that building right now knows that they are on short term leases. Mr. Kil advised when talking to Mr. Jim Estry it was understood that everything can be re-located to a nicer facility.

Mr. Redar asked about the building that Redbud is using. Mr. Kil advised that will all be gone. This includes; Rascals, the old car wash, the house south of the car wash building. This project will clear it all out and will put all new brick buildings in.

Mr. Kil reminded that the buildings for the “Shop on Main” in Schererville; they will be doing that kind of construction, but on a smaller scale, but it will be the same type of construction.

Mr. Nietzel said he doesn’t know how a round-about is going to work on Joliet, unless it is absolutely huge, because you have a lot of semis. Mr. Kil stated that is why he wants one that is like Weston Ridge’s. Mr. Nietzel is also concerned about snow-plowing.

Mr. Kil advised that he is getting the geometry from Landmark on the Weston Ridge round-about; that is easy to plow.

Mr. Nietzel commented that he thinks Schererville has already experienced that with the new one they put in on Cline Avenue, where the road is not wide enough for plows and trucks to make those radius’s, especially if a semi is coming out of Industrial Drive, crossing the tracks and having to come back because he has to make a left hand turn on U.S. 41, he’s gonna have to go three-quarters of the way around that round-about, and with his trailer being 50’ long, his back tandems are way up into the median.

Mr. Kil advised that is why we will need a dual-lane round-about. Mr. Forbes advised that we have revised our design.

Mr. Nietzel then commented on the “pork-chop” at Joliet and U.S. 41. Mr. Kil reminded Mr. Nietzel that the trucks will be limited to go North, they will not be allowed to go South. Mr. Kil advised that a truck that wants to go southbound, they will be directed, they will have to go to this light.

General discussion ensued. Mr. Kil reminded the board members that “nothing is designed”. This is all conceptual, and it all has to come in front of the Plan Commission.

Mr. Kil stated that Mr. Forbes just wanted the members to see the basic concept plan, just to give you an idea of what is coming, so you have something to look forward to.

Mr. Kil reminded that they will have to engineer those and run the auto-turn program, and make accommodations for everything.

Discussion ensued toward storm water and surface water of the older sections that lay southwest of the Joliet Street and the railroad tracks. Mr. Kil brought their attention to the giant retention pond that the project will be placing, and noted that Mr. Kraus will have his work to do.

Mr. Forbes and Mr. Kil commented that they have requested a wet-pond with fountains and all the amenities to make it look as best as possible.

With no further comment or questions from the board members, Mr. Forbes entertained a motion to adjourn. Motion made by Mr. Kozel. Motion seconded by Mr. Hastings. Motion carried 5 ayes – 0 nays.

(The meeting was adjourned at 7:52 p.m.)

Respectfully submitted,

Michelle L. Haluska, Recording Secretary pro-tem
St. John Plan Commission

04-15-2015 Plan Commission

April 15, 2015 Plan Commission Meeting Minutes

Michael Forbes, President Derwin Nietzel Attorney Dave Austgen
Steve Hastings, Vice-President   Kenn Kraus
Steve Kozel, Secretary   Steve Kil
Tom Redar    

CALL TO ORDER:

Mr. Michael Forbes called the St. John Plan Commission study session to order on April 15, 2015, at 7:01 p.m.

ROLL CALL:

Roll call was taken by Susan E. Wright, Recording Secretary, with the following Commissioners present: Michael Forbes, Steve Kozel, Tom Redar and Derwin Nietzel. Staff members present: Kenn Kraus. Steve Kil was present. Town Council liaison, Greg Volk, was absent. Attorney Austgen was absent.

NEW BUSINESS:

A. GATES OF ST. JOHN --- RESUBDIVISION OF UNITS 11A AND 12A --- JOHN LOTTON.

Mr. Forbes noted that the first item under New Business was the Gates of St. John, for discussion on the resubdivision of Units 11A and 12A. Mr. John Lotton, developer, appeared before the Board on behalf of the Gates of St. John.

Mr. Lotton was seeking permission to resubdivide Units 11A and 12A into five residential lots on the boulevard, three dwellings on the west side and two on the east side.

Mr. Redar noted a couple of the lots had corners that were encroaching into the pipeline easement. Mr. Lotton stated the encroachment was outside of the building area. Mr. Redar noted the homeowners would have to be notified that they could not do anything in the pipeline easements. Mr. Lotton stated the prospective buyers would be made aware of the pipeline easement and the pipeline company is aware of it. He stated he has agreements with both pipeline companies.

Mr. Redar asked if the builders would be made aware of the prohibition of operating heavy equipment on these two lots. Mr. Lotton stated that heavy equipment can be driven over these areas unless there is less than 24” of cover. Mr. Lotton stated in the event that anyone would be digging in this area, the pipeline representatives will have to be made aware of the digging so it could be supervised.

Mr. Redar asked Mr. Lotton if Lots 1503 and 1505 were for sale. Mr. Lotton stated he intends to build on all of the lots, but in the event 1503 and 1505 are sold he would give the buyers proper notification of the pipeline easement.

(General discussion ensued.)

Mr. Kozel noted a median in the road. Mr. Lotton concurred. Mr. Kozel asked how residents were to access their driveways. Mr. Lotton explained that the residents would have to go down to the roundabout and turn around.

Mr. Lotton informed the Board that Pod 12 has a boulevard area with a center median. He stated these residents also have to go down and turn around to get to their homes. Mr. Lotton stated going east off of 105th Avenue a similar situation exists, residents are required to go down to the next intersection, turn around and come back to their homes.

(General discussion ensued.)

Mr. Lotton stated that the problems with the roundabouts seemed to have worked themselves out.

Mr. Kraus stated the biggest issue is the traffic pattern, especially northbound on Park Place trying to get into get into the three lots on the west side. He stated he believes this can be worked out.

Mr. Forbes noted that there are two existing boulevards much like what Mr. Lotton is proposing. Mr. Kozel asked about signage; he opined that some people are confused when they come up to the rotaries.

(General discussion ensued.)

Mr. Kil asked Mr. Lotton to enlighten the Board on fencing. Mr. Lotton stated he will extend decorative fencing, similar to the existing fence, all the way to the end of each property on 101st Avenue. He stated he is considering installing a semi-decorative, privacy fence down the three lots on the west side, Lots 101 through 1503.

Mr. Kil noted Mr. Lotton’s preliminary schedule reflects he will return to the May 6, 2015, seeking permission to advertise for a public hearing in June. He stated if issues crop up, Mr. Lotton could attend the May study session.

B. LAKE CENTRAL PLAZA --- DANCING WATERS --- FINAL PLAT FOR COMMERCIAL --- DENNIS MEYERS.

Mr. Forbes stated the next item for the Board’s consideration is Lake Central Plaza, Dancing Waters, final plat for commercial. Petitioner, Mr. Denny Meyers appeared before the Board on behalf of Lake Central Plaza. Mr. John Bullock, Land Technologies Engineers and Surveyors, was also present.

Mr. Bullock stated that the Petitioner is proposing to begin development of the area with a single commercial lot on US Route 41, south of the existing Lake Central Plaza buildings. He stated that this project would tie into the street improvements that the Town is doing.

Mr. Bullock stated the Petitioner is proposing to develop one lot as the first phase of Meyers Addition, Unit Three, Lot One. He stated that the Petitioner anticipates moving on to Lot Two as soon as the infrastructure is in place and ready to go for expansion into Lot Two.

Mr. Bullock stated in order to get started on the permitting process, a record plat must be secured. He explained that is why Lot One is being separated out as a starting point.

Mr. Kil asked if the site plan that was previously approved would be adhered to. Mr. Bullock acknowledged that the approved site plan would be used.

(General discussion ensued.)

Mr. Kil stated that the Town’s road is currently under construction. He stated as soon as the roads and light is ready, the residents of Golden Pond will be able to access the traffic light. Mr. Kil stated the only way this could be accomplished would be to plat this commercial section. Mr. Forbes noted the location of the ingress/egress easement and the road’s location.

Petitioner proposed Out Lot C be used to place a restaurant sign. He stated it would be a small, tasteful monument type sign. Mr. Meyers stated that Out Lot C currently belongs to the Town. He stated that he has had discussion with both John and Doug about how to handle the out lot. Mr. Meyers stated that a swatch could be taken out of Out Lot C and he could purchase it from the Town. Mr. Bullock stated this would probably be the least intrusive way to accomplish this.

(General discussion ensued.)

Mr. Forbes stated he is not a big fan of placing the restaurant sign in this location. He stated it would be an “off-site sign.” Mr. Forbes stated the sign belongs on Petitioner’s parcel in front of the restaurant.

Mr. Meyers stated that the Petitioner would maintain the out lot property. He stated that the proposed sign would not be a bill board sign, but something small, low and simple. Mr. Meyers stated they would like to separate the restaurant sign from the Lake Central Plaza bill board sign. He stated he is looking to place a high end deal for the restaurant and he opined they will want to have their own sign. He stated the restaurant building will be somewhat separated from the strip mall.

Mr. Meyers stated the out lot sign would give the restaurant its own private identity. He stated he would like to offer this separate sign location to the prospective restaurant.

(General discussion ensued.)

Mr. Kozel asked the Petitioner to point out the location of the sign on the plans. Mr. Bullock approached the drawing on the media screen and pointed out the proposed location for the restaurant sign.

Mr. Bullock conceded that the sign location is a separate issue from the platting of Lot 1.

Petitioner stated they are ready to start work just as soon as the issues are ironed out. Mr. Meyers stated the frontage road would be done before the Town has their street project done. He stated that installing the frontage road now would enable the Golden Pond residents to access the traffic light sooner rather than later.

Mr. Kil noted that the Petitioner is scheduled for the May 6, 2015, Plan Commission meeting.

Mr. Kraus remarked that there are no public improvements on the lot so there will be a $900 developmental fee. He stated the storm drainage system is private.

Mr. Forbes asked the Board members if they had any further questions. There were no further questions from the Board.

PUBLIC COMMENT:

Mr. Forbes opened the floor to public comment. He called for public comment. There was no public comment. Mr. Forbes closed the floor to public comment.

ADJOURNMENT:

Mr. Forbes adjourned the meeting.

(The meeting was adjourned at 7:35 p.m.)

A TRUE COPY

_____________________________________
Susan E. Wright, Recording Secretary
St. John Plan Commission

05-06-2015 Plan Commission

May 6, 2015 Plan Commission Meeting Minutes

Michael Forbes, President Derwin Nietzel Attorney Dave Austgen
Steve Hastings, Vice-President   Kenn Kraus
Steve Kozel, Secretary   Steve Kil
Tom Redar    

CALL TO ORDER:

Mr. Michael Forbes called the St. John Plan Commission regular meeting to order on May 6, 2015, at 7:03 p.m.

(The Pledge of Allegiance was said.)

ROLL CALL:

Roll call was taken by Susan E. Wright, Recording Secretary, with the following Commissioners present: Michael Forbes, Steve Hastings, Steve Kozel, Tom Redar and Derwin Nietzel. Staff members present: Kenn Kraus. Steve Kil was present. Town Council liaison, Greg Volk, was present. Attorney Austgen was absent.

APPROVAL OF THE MINUTES: APRIL 1, 2O15, REGULAR MEETING.

Mr. Forbes stated that the first item for the Board’s consideration was approval of the minutes of the regular meeting of April 1, 2015. He asked if there were any questions on the meeting minutes. There were no questions or comments.

Mr. Forbes stated he would entertain a motion on the minutes of April 1, 2015. Mr. Hastings made a motion to approve the meeting minutes of April 1, 2015. Mr. Kozel seconded the motion. The motion was carried by voice vote (5/0). Ayes --- all. Nays --- none.

NEW BUSINESS:

A. GATES OF ST. JOHN --- RESUBDIVISION OF UNITS 11A AND 12A --- JOHN LOTTON --- REQUESTING PERMISSION TO ADVERTISE FOR PUBLIC HEARING.
Mr. Forbes noted that the first item under New Business was the Gates of St. John. Mr. John Lotton appeared on behalf of the Gates of St. John, seeking permission to advertise for a public hearing on June 3, 2015. Mr. Forbes asked if there was any discussion. He asked the Petitioner if there had been any changes since the matter was discussed at the study session. Mr. Lotton responded, “No changes.”

Mr. Forbes stated he would entertain a motion to authorize Petitioner, John Lotton, to advertise for a public hearing to be held on June 3, 2015, for the resubdivision of Units 11A and 12A in the Gates of St. John. “So moved,” by Mr. Redar. Mr. Nietzel seconded the motion. The motion was carried by voice vote (5/0). Ayes --- all. Nays --- none.

B. PUBLIC HEARING FOR PRELIMINARY PLAT APPROVAL ---ONE LOT SUBDIVISION --- CONDOR ESTATES.
Mr. Forbes noted the next item on the agenda was a public hearing for preliminary plat approval for Condor Estates, a one lot subdivision. Mr. Spoolstra appeared before the Board on behalf of the Petitioners, who were also present.

Mr. Forbes asked if the notices and proofs of publication were in order for the public hearing. Mr. Kil noted that the notices and publications were in order for the public hearing to be properly conducted tonight.

Mr. Spoolstra stated that the Petitioner desires to resubdivide a three lot subdivision into one lot in order to build a home. The resubdivided lot will be called Condor Estates.

Mr. Kil showed the location of the lot on the media screen via Google Earth.

PUBLIC HEARING
Mr. Forbes opened the public hearing. He called for public comment.

Susan Hubbell, 12125 West 85th Avenue
Ms. Hubbell stated she looked forward to meeting the new neighbors. She asked for the actual size of the three parcels that would be combined. Ms. Hubbell also noted that the name of the proposed subdivision is “Condor Estates” with the estates being plural. She asked how many homes would be on the parcel.

Mr. Forbes stated the plural of estate implies that there will be multiple homes, but in this is case it will only be on residence.

Elaine Ruth, 8617 Massey Drive
Ms. Ruth stated she believes she will be located right behind the proposed Condor Estates on the west side of the pond.

(General discussion ensued.)

She wanted to know if the residence would be for one family or multiple families, and whether the residence would be a one-story or a two-story. Ms. Ruth was informed the residence would be a one story home for one family.

Mr. Forbes called for additional public comment. There was no further public comment. Mr. Forbes closed the public hearing and brought the matter back before the Board.

Mr. Forbes asked the Board if they had any further comments or questions. There were no comments or questions from the Board.

Mr. Forbes stated he would entertain a motion on preliminary plat on Condor Estates. Mr. Kozel made a motion to grant preliminary plat approval for Condor Estates and incorporated the findings of fact by reference. Mr. Redar seconded the motion. The motion was unanimously carried by voice vote (5/0). Ayes --- all. Nays --- none.

Mr. Kil stated if there were no issues, and at the Board’s discretion the 30 day waiting period between preliminary and secondary plat approval could be waived, which would allow the Petitioner to get started on the building.

(General discussion ensued.)

Mr. Forbes stated he would entertain a motion to waive the rules on the 30 day requirement between preliminary and secondary plat approval. “So moved,” by Mr. Hastings. Mr. Nietzel seconded the motion. The motion was carried by voice vote (5/0). Ayes --- all. Nays --- none.

Mr. Forbes stated he would entertain a motion on secondary plat approval for Condor Estates and waiving the detention requirements. “So moved,” by Mr. Kozel. Mr. Hastings seconded the motion. The motion was carried by voice vote (5/0). Ayes --- all. Nays --- none.

C. PRESERVES AT SCHILTON HILLS --- SCHILLING DEVELOPMENT --- FINAL PLAT APPROVAL --- JACK SLAGER.
Mr. Forbes directed the Board’s attention to the Preserves at Schilton ills, a seven lot development, for final plat approval. Mr. Jack Slager, Schilling Development, appeared before the Board for the Petitioner.

Mr. Slager informed the Board that the project is “pretty straightforward.” He stated that preliminary plat approval was granted late last year and since that time the improvements have been installed. He requested the Board consider granting final plat approval.

Mr. Slager informed the Board that an old, existing easement cuts through the property, a 1919 storm sewer that drained the intersections of 93rd and Columbia Avenues. He stated that this old easement bisected Lots 6 and 7. Mr. Slager stated that this old sewer had been relocated to the backs of the affected lots. He stated that Petitioner is in the process of having this easement vacated. Mr. Slager noted that the new easements are being dedicated and reflected on the plat to accommodate the new storm sewer configuration.

Mr. Forbes stated he would entertain a motion on final plat for the Preserves at Schilton Hills; he asked that the findings of fact be incorporated into the motion. Mr. Kozel made a motion to grant final plat approval for the Preserves at Schilton Hills and incorporated the findings of fact into the motion by reference. Mr. Redar seconded the motion. The motion was carried by voice vote (5/0). Ayes --- all. Nays --- none.

D. DANCING WATERS --- FINAL PLAT APPROVAL --- UNIT ONE --- DOUG RETTIG.
Mr. Forbes stated the next item for the Board’s consideration is Lake Central Plaza, Dancing Waters, Meyers Addition, Unit Three, for final plat. Mr. Doug Rettig, Land Technologies appeared before the Board on behalf of the Petitioner. Mr. Denny Meyers, developer was also present.

Mr. Rettig stated that primary plat approval was granted “not too long ago.” He stated this is the commercial portion of part of a larger project which will include 17 duplex lots, southeast of this parcel. Mr. Rettig stated that in order to expedite matters, Petitioner is seeking final plat approval on the commercial lots. He stated infrastructure has been started and all of the permits are in order.

(General discussion ensued.)

Mr. Rettig stated the development will be tapping into a new water main behind the development, and not tied into the U.S. Route 41 water main at all.

Mr. Kraus wanted to clarify the developmental fee. He stated that he wrote a letter on May 4, 2015, that the developmental fee was $14,190.40. Mr. Kraus stated the developmental fee for Block One would be the $900.00 minimum. He stated when the rest of the developmental fee is paid, it will be minus the $900.00.

Mr. Forbes stated he would entertain a motion on final plat for Dancing Waters, Meyers Addition, Unit Three. Mr. Redar made a motion to grant final plat approval to Dancing Waters, Meyers Addition, Unit Three with the findings of fact incorporated by reference. Mr. Kozel seconded the motion. The motion was carried by voice vote (5/0). Ayes --- all. Nayes --- none.

PUBLIC COMMENT:

Mr. Forbes opened the floor to public comment. He called for public comment. There was no public comment. Mr. Forbes closed the floor to public comment.

ADJOURNMENT:

Mr. Forbes adjourned the meeting.

(The meeting was adjourned at 7:35 p.m.)

A TRUE COPY

_____________________________________
Susan E. Wright, Recording Secretary
St. John Plan Commission

06-03-2015 Plan Commission

June 3, 2015 Plan Commission Meeting Minutes

Michael Forbes, President Derwin Nietzel Attorney Dave Austgen
Steve Hastings, Vice-President   Kenn Kraus
Steve Kozel, Secretary   Steve Kil
Tom Redar    

CALL TO ORDER:

Mr. Michael Forbes called the St. John Plan Commission regular meeting to order on June 3, 2015, at 7:00 p.m.

(The Pledge of Allegiance was said.)

ROLL CALL:

Roll call was taken by Susan E. Wright, Recording Secretary, with the following Commissioners present: Michael Forbes, Steve Hastings, Steve Kozel, Tom Redar and Derwin Nietzel. Staff members present: Kenn Kraus. Steve Kil was present. Town Council liaison, Greg Volk, was present. Attorney Austgen was absent.

APPROVAL OF THE MINUTES: MAY 6, 2O15, REGULAR MEETING.

Mr. Forbes stated that the first item for the Board’s consideration was approval of the minutes of the regular meeting of May 6, 2015. He asked if there were any questions on the meeting minutes. There were no questions or comments.

Mr. Forbes stated he would entertain a motion to approve the minutes of May 6, 2015. “So moved,” by Mr. Nietzel. Mr. Hastings seconded the motion. The motion was carried by voice vote (5/0). Ayes --- all. Nays --- none.

NEW BUSINESS:

A. PUBLIC HEARING --- AMENDMENT TO ZONING ORDINANCE --- CHAPTER 12 --- PARKING AND LOADING REQUIREMENTS.
Mr. Forbes announced the first item under New Business was a public hearing for the amendments for the Zoning Ordinance, Chapter 12, Parking and Loading requirements.

Mr. Kil informed the Board that the notices and publications were in order and the public hearing could be properly conducted tonight.

Mr. Forbes asked the Board members if there were any questions or comments. Mr. Redar pointed out a typographical error on Page 2, Paragraph E, “garaged” should be changed to “garage.” Mr. Kil stated he would have the typographical error corrected.

Mr. Forbes opened the public hearing.

PUBLIC HEARING

Mr. Forbes called for public comment related to the Amendment to the Zoning Ordinance, Chapter 12, Parking and Loading Requirements.

There was no public comment. Mr. Forbes closed the public hearing and brought the matter back before the Board.

Mr. Forbes asked for a motion. Mr. Redar made a motion to send a favorable recommendation to the Town Council on Resolution PC 15-06-03, a Resolution Recommending Text Amendments to the Town’s Zoning Ordinance #1483 Regarding Supplemental Parking Regulations, and to adopt Resolution #15-0-6-03 and to authorize the President and Secretary to execute the Certification to the Town Council. Mr. Nietzel seconded the motion. The motion was carried by voice vote (5/0). Ayes --- all. Nays --- none.

B. DANCING WATERS --- FINAL PLAT APPROVAL --- MEYERS DEVELOPMENT --- DENNIS MEYERS.

Mr. Forbes noted the next item on the agenda was Dancing Waters seeking final plat approval. Mr. Dennis Meyers, Petitioner/Developer appeared before the Board seeking final plat approval for Dancing Waters, Second Addition to Meyers Addition. Mr. Meyers stated this plat is for eight lots, Unit Three, Block Two, the second phase of Meyers Addition.

Mr. Forbes noted the only change was to easements for NIPSCO.

(General discussion ensued.)

Mr. Meyers stated he is cooperating with NIPSCO as best he can so they can run power through the property. He stated NIPSCO has been given a little more space at the rear of Lot 17, from a 15’ to a 25’ easement. Mr. Meyers stated this is the only revision.

Mr. Forbes stated he would entertain a motion to approve final plat for Meyers Development, Dancing Waters, Unit One, incorporating the findings of fact by reference and with the condition that the Letter of Credit be delivered and the mylars are reviewed. ”So moved,” by Mr. Hastings. Mr. Kozel seconded the motion. The motion was carried by voice vote (5/0). Ayes --- all. Nays --- none.

PUBLIC COMMENT:

Mr. Forbes opened the floor to public comment. He called for public comment. There was no public comment. Mr. Forbes closed the floor to public comment.

ADJOURNMENT:

Mr. Forbes stated he would entertain a motion to adjourn. “So moved,” by Mr. Kozel. Mr. Redar seconded the motion. The motion was carried by voice vote (5/0). Ayes --- all. Nays --- none.

(The meeting was adjourned at 7:08 p.m.)

A TRUE COPY

_____________________________________
Susan E. Wright, Recording Secretary
St. John Plan Commission

06-17-2015 Plan Commission

June 17, 2015 Plan Commission Meeting Minutes

Michael Forbes, President Derwin Nietzel Attorney Dave Austgen
Steve Hastings, Vice-President   Kenn Kraus
Steve Kozel, Secretary   Steve Kil
Tom Redar    

CALL TO ORDER:

Mr. Michael Forbes called the St. John Plan Commission regular meeting to order on June 17, 2015, at 7:03 p.m.

ROLL CALL:

Roll call was taken by Susan E. Wright, Recording Secretary, with the following Commissioners present: Michael Forbes, Steve Hastings, Steve Kozel, Tom Redar and Derwin Nietzel. Staff members present: Kenn Kraus. Steve Kil was present. Town Council liaison, Greg Volk, was present. Attorney Austgen was absent.

NEW BUSINESS:

A. LEVIN TIRE --- 85TH AVENUE AND ROUTE 41. JEFF BANN --- GARY LEVIN --- JERRY STEINER.
Mr. Forbes noted that the first item under New Business was the Levin Tire, to be located at the corner of 85th Avenue and Route 41. Mr. Bann, Mr. Barry Levin and Mr. Steiner appeared on behalf of Levin Tire.

Mr. Bann informed the Board that Mr. Levin has been looking in the St. John market for quite some time for Levin Tire. He stated Levin Tire needs to be on Route 41 to make the business work. Mr. Bann stated this would be the eighth Levin Tire, stores which are located in both Lake and Porter County.

Mr. Bann stated that the parcel for the proposed Levin Tire is just south of the Speedway gas station on 85th Avenue between Bingo Lake and Route 41. He stated that the total parcel is around four acres, odd-shaped, wider on the south. Mr. Bann stated there is a large pipe line easement that cuts into the north part of the parcel.

Mr. Bann stated that Mr. Kil has helped them work through some development issues in order to maximize the parcel so that there is additional tax base. Mr. Bann stated the proposed Levin Tire, 8,000 square feet, will be developed on the immediate corner with the proper amount of parking spaces.

Mr. Kil brought the proposed site up on the media screen for the Board’s perusal. Mr. Bann stated that Mr. Levin is proposing a ten bay garage facility. He stated there will be an indoor tire storage area and sales floor area. He stated it would be typical of what he has done in the past with his other stores.

Mr. Bann stated the proposed store would be all brick. He stated architectural aspects have been developed in conjunction with the Town’s architectural district. Mr. Bann stated they would like to enhance the landscaping, a benefit to both the Town and the business operations.

Mr. Bann stated that the utilities would be supplied by the Town. He stated, in talking with Mr. Kil, the storm water will be discharged in Bingo Lake storage, which has the capacity to handle the storm water. He stated they will adhere to the requirements by installing manhole covers and a solids separator structure in the ground prior to discharge.

Mr. Bann stated that they are proposing to develop a publicly dedicated road near 85th Avenue. He stated that two lots will be developed, Lots 1 and Lots 2. He stated Lot 3 would be just the remaining land that’s from the road towards the lake. He stated it was thought that this land will be dedicated to the Town. Mr.

PUBLIC COMMENT:

Mr. Forbes opened the floor to public comment. He called for public comment. There was no public comment. Mr. Forbes closed the floor to public comment.

ADJOURNMENT:

Mr. Forbes adjourned the meeting.

(The meeting was adjourned at 7:35 p.m.)

A TRUE COPY

_____________________________________
Susan E. Wright, Recording Secretary
St. John Plan Commission

07-01-2015 Plan Commission

July 1, 2015 Plan Commission Meeting Minutes

Michael Forbes, President Derwin Nietzel Attorney Dave Austgen
Steve Hastings, Vice-President   Kenn Kraus
Steve Kozel, Secretary   Steve Kil
Tom Redar    

CALL TO ORDER:

Mr. Michael Forbes called the St. John Plan Commission regular meeting to order on July 1, 2015, at 7:03 p.m.

(The Pledge of Allegiance was said.)

ROLL CALL:

Roll call was taken by Susan E. Wright, Recording Secretary, with the following Commissioners present: Michael Forbes, Steve Kozel, Tom Redar and Derwin Nietzel. Steve Hastings was absent. Staff members present: Kenn Kraus. Steve Kil was present. Attorney Austgen was absent.

APPROVAL OF THE MINUTES: JUNE 3, 2015, REGULAR MEETING

Mr. Forbes stated that the first item for the Board’s consideration was approval of the minutes of the regular meeting of June 3, 2015. He asked if there were any questions on the meeting minutes. There were no questions or comments.

Mr. Forbes stated he would entertain a motion on the minutes of June 3, 2015. “So moved,” by Mr. Kozel. Mr. Nietzel seconded motion. The motion was carried by voice vote (5/0). Ayes --- all. Nays --- none.

NEW BUSINESS:

A. GATES OF ST. JOHN --- RESUBDIVISION OF UNITS 11A AND 12A --- PUBLIC HEARING.
Mr. Forbes noted the first matter on the agenda was a public hearing on the re-subdivision of Units 11A and 12A in the Gates of St. John.

Mr. Kil stated that the developer will bring the proofs of publication and the notices into his office Thursday. He stated if the Board proceeded with the public hearing tonight, any action taken would be contingent upon his review and approval of the notices and publications. Mr. Kil stated that the developer has acknowledged that the notices and publications for the public hearing were in order, and would submit the same to him.

Mr. Forbes opened the floor to public comment.

PUBLIC HEARING

John Lotton:
Mr. Lotton stated he wanted to present the re-subdivision of part of Units 11A and 12A. He stated that five additional lots would be added on the main boulevard, three on the west side and two on the east side. Mr. Lotton stated the re-subdivision would clean up the north entrance that was left unfinished by the original developer.

Mr. Forbes noted nothing had changed in the plans since the study session. Mr. Lotton concurred.

Mr. Forbes asked the Board if they had any questions. The Board members had no questions.

Cynthia Tanner, 10319 Silver Maple Drive:
Ms. Tanner stated she had obtained a drawing of the subdivision. She stated she is confused as to why the developer is moving forward with five lots in an area that’s not currently set up for the lots. Ms. Tanner stated a general concern of hers and other homeowners is what is going to happen to the lots that are slated for subdivision and are currently ready for construction.

(General discussion ensued.)

Ms. Tanner stated that when she signed a contract for Philippe Builders to construct her home, she was told there was going to be a park directly east of her home. She stated there was an artist’s rendering of a park that was to be located within the subdivision and it was not owned by Crown Point Christian School.

Ms. Tanner stated that the lots near her home were also supposed to be finished “relatively soon, once they finished what they were working on over here in the Gates.” She stated there has been no progress on these lots. Ms. Tanner asked for an update on the lots she mentioned and the proposed park.

(General discussion ensued.)

Mr. Forbes stated he was not aware of any park to be located in Ms. Tanner’s subdivision, only a couple of green space areas where the soccer fields are.

Ms. Tanner indicated on the map the location of the “park area.” She stated she talked to a gentleman who resided on 99th Place (not in attendance) who also recalled a proposed park for the subdivision. Ms. Tanner stated, having small children, she has utilized every park in Town. She stated she had looked forward to having a park in her subdivision.

Ms. Tanner stated another concern is that she is paying Homeowner Association dues and there is no communication between the homeowners and Mr. Lotton. She opined that the developer should take care of unfinished business before more homes go up for sale.

Ms. Forbes stated he understands Ms. Tanner’s concerns. He stated the proposed re-subdivision will be located on the opposite end of the subdivision from where she lives.

(General discussion ensued.)

Ms. Tanner stated there are some serious issues regarding flooding where one enters the north end of the subdivision. She stated another neighbor experienced flooding in front of his house and called Mr. Lotton. She reiterated that there are unresolved issues that need to be addressed.

Mr. Forbes stated that the Board has nothing to do with the Homeowners’ Association. Ms. Tanner acknowledged that the Town does not have control over the Homeowner’s Association. She noted that Mr. Lotton and his family run the Homeowners’ Association “and it doesn’t seem like we’re getting any response out of that.”

John McGinnis
Mr. McGinnis expressed his concerns about flooding.

Mr. Forbes stated the added the infrastructure should improve the flooding problem.

(General discussion ensued.)

Eric Schneider, 9190 W. 106th:
Mr. Schneider voiced concern about drainage/flooding. He asked if there had been any recent scope done for drainage/flooding. He stated that the ponds flow down from south to north.

Mr. Schneider stated that approximately two weeks ago, the north entrance could not be used due to flooding. He stated the flooding was due to the ponds draining from south to north. Mr. Schneider stated that the north pond is not able to absorb all of the water.

Mr. Schneider stated when more houses and landscaping are added, all of the permeable land needed to absorb the water is gone. He asked what would happen when the small culvert, which can’t handle the water that flows into it now, has no choice but to push the water to the street.

Mr. Schneider stated once you get to Joliet Street, there are no curbs. He stated this water may become an issue later, and he wanted to know whose expense this problem would be.

Mr. Schneider reiterated it is currently an issue because the north entrance cannot be used when there is a heavy rain. He asked again if there had been any flood or water control studies done recently, especially in light of more lots being approved for more building.

Mr. Schneider stated the three lots will virtually back up to a portion of the north detention pond.

(General discussion ensued.)

Mr. Forbes stated that not everything in the subdivision is in place as the subdivision is part of one giant, comprehensive plan. He stated once every piece of the puzzle is in place the water will then flow the way it is designed to flow. Mr. Forbes stated at the present time there are farm fields, and there is no way to collect water from farm fields and guide it. He stated as the infrastructure and storm water sewers are put in place to reroute the water, the water will then be controlled.

(General discussion ensued.)

Mr. Forbes called three times for additional public comment. There was no further public comment. Mr. Forbes closed the public hearing and brought the matter back before the Board.

Mr. Forbes asked the Board if they had any questions. There were no questions from the Board.

(General discussion ensued.)

Mr. Forbes stated he would entertain a motion regarding preliminary plat approval for the re-subdivision of Units 11A and 12A in the Gates of St. John. Mr. Kozel made a motion to grant preliminary plat approval for the re-subdivision of Units 11A and 12A, contingent upon Mr. Kil’s review and approval of the notices. Mr. Redar seconded the motion. The motion was carried by voice vote (4/0). Ayes --- all. Nays --- none.

B. LEVIN TIRE --- NORTHEAST CORNER OF 85TH AVENUE AND U.S. ROUTE 41 --- REVISED DESIGN --- REQUESTING PERMISSION TO ADVERTISE FOR A PUBLIC HEARING --- JEFF BAN.
Mr. Forbes noted Levin Tire, with a revised design, was the next item on the agenda for the Board’s consideration. Mr. Jeff Ban, 11065 Broadway, Crown Point, appeared on behalf of Levin Tire.

Mr. Ban stated a concept plan was presented to the Board a couple of weeks ago for the 3.5 acre site. He stated the proposed Levin Tire would be located on the northeast corner of the parcel.

Mr. Ban stated there was discussion on the pros and cons of their proposal. He stated two things were recommended from the discussion at the last meeting had been addressed. The first item was to enlarge Lot 2 in order to make it more useable. Mr. Ban stated that the roadway was moved approximately 15 feet closer to the lake, which gave Lot 2 more width. He stated that the proposed right of way and the public road will connect with the frontage road that is currently being constructed.

Mr. Ban pointed out on the parcel where 16 feet was added, making the “pinch point,” the narrowest point, 131 feet. He stated the lot grew from 1.13 acres to 1.28 acres.

Mr. Ban explained the enhancement of the driveway, right in/right out. He stated there is a revised drawing. Mr. Ban stated they have created a taper of the lanes. He stated he has met with Mr. John McFadden, the INDOT representative with the revised drawing. The revised drawing was put on the media screen.

(General discussion ensued.)

Mr. Forbes stated that everyone is in consensus that the frontage road will go in, wherever it ends up.

Mr. Ban suggested to the Board that Mr. Levin would like to move forward, knowing that they would have to have flexibility with the design. He stated that the Petitioner will also coordinate with the Town engineering as Mr. Kraus ascertains what is going on with the Meyers site. He stated Mr. Kraus can give him direction with the road changes to ensure that the two ends meet at the right spot.

Mr. Ban stated he was not aware of the “Meyer conversation” and he was made aware of discussion with Speedway this morning. He noted all these issues are in the mix. Mr. Ban stated, for the record, he will meet the road wherever it needs to be met.

Mr. Kil stated he has no objection to the project moving forward. Mr. Ban stated that in terms of the primary plat, if they’re not done with engineering on the northern half of the road, the primary plat lines would be subject to and contingent upon a change of the road alignment.

Mr. Kil stated there will have to be flexibility on both sides is in order. He said there are so many different players trying to make the entire project work.

Mr. Forbes stated he would entertain a motion to authorize the Petitioner to advertise for public hearing at the August 5, 2015, meeting. Mr. Kozel made a motion to authorize Levin Tire to advertise for public hearing on August 5, 2015. Mr. Nietzel seconded the motion. The motion was carried by voice vote (4/0). Ayes --- all. Nays --- none.

C. VENTURA ESTATES --- UNIT 4 --- FINAL PLAT APPROVAL.
Mr. Forbes noted Venture Estates, Unit 4, was before the Board for their consideration of final plat approval. Mr. Glen Kroc, appeared on behalf of Ventura Estates development, Unit 4, seeking final plat approval.

Mr. Kroc stated that all of the improvements are in per the plans. He stated the only thing that remains to be done is install the required sidewalk along the westerly edge. Mr. Kroc stated that the developer has submitted a cashier’s check to cover the costs for the sidewalk. He stated that the developer has received numbers from Mr. Kraus related to the developmental fees, and as soon as the amount is finalized the check will be submitted to the Town.

(General discussion ensued.)

Mr. Kroc stated he has prepared a final plat in the hopes of receiving approval tonight. He submitted copies to the Board.

(General discussion ensued.)

Erosion control was discussed. Mr. Ponziano informed the Board that the “drainage system works as planned.” He stated that the water drains into the wet lands with no standing water. Mr. Ponziano stated that he is real close to stabilizing the banks. He stated that they are just waiting for the rainy weather to abate to finish the project.

Curb cuts, culverts, spinning a hydrant and sidewalks were discussed.

Mr. Forbes stated he would entertain a motion to grant final plat approval for Ventura Estates, Unit 4, incorporating the findings of fact by reference, and contingent upon payment of the developmental fee and a separate signing of the mylars. “So moved,” by Mr. Redar. Mr. Kozel seconded the motion. The motion was carried by voice vote (4/0). Ayes --- all. Nays --- none.

Mr. Forbes stated he would entertain a motion to authorize signature of the mylars upon review by Mr. Kenn Kraus and site inspection approval by Mr. Redar and/or Mr. Kozel. “So moved,” by Mr. Kozel. Mr. Nietzel seconded the motion. The motion was carried by voice vote (4/0). Ayes --- all. Nays --- none.

PUBLIC COMMENT:

Mr. Forbes opened the floor to public comment. He called for public comment. There was no public comment. Mr. Forbes closed the floor to public comment.

ADJOURNMENT:

Mr. Forbes stated he would entertain a motion to adjourn. “So moved,” by Mr. Kozel. Mr. Nietzel seconded the motion. The motion was carried by voice vote (4/0). Ayes --- all. Nays --- none.

(The meeting was adjourned at 7:51 p.m.)

A TRUE COPY

_____________________________________
Susan E. Wright, Recording Secretary
St. John Plan Commission

07-15-2015 Plan Commission

July 15, 2015 Plan Commission Meeting Minutes

Michael Forbes, President Derwin Nietzel Attorney Dave Austgen
Steve Hastings, Vice-President   Kenn Kraus
Steve Kozel, Secretary   Steve Kil
Tom Redar    

CALL TO ORDER:

Mr. Forbes called the St. John Plan Commission Study Session Meeting to order on July 15, 2015, at 7:01 p.m.

ROLL CALL:

Roll call was taken and the following members were present: Steve Hastings, Steve Kozel, Derwin Nietzel, Tom Redar, and Michael Forbes. Staff present: Steve Kil and Kenn Kraus.

Absent: None.

NEW BUSINESS:

A. HERMAN-HUPPENTHAL PROPOSAL – (Petitioner: Jack Slager)
Mr. Forbes advised that the next item on the agenda is the Herman-Huppenthal proposal. The petitioner is Mr. Jack Slager.

Mr. Slager with Schilling Development stated that Mr. Dean Schilling and Mr. Frank Schilling, the owners of Schilling Development and Schilling Lumber, are present with him this evening. They are here to present The Preserve, which is a parcel that they have been working on for a number of years to assemble from 4 parcels of land: the Huppenthal farm, the Herman farm, some Schilling property that was part of the Schillton Hills development, and a portion of the Buchmeier farm.

Mr. Slager stated that the property is 320 acres, with 445 total lots. It is rolling farmland with a creek bordering the west edge, some wetlands, a few tree groves, and open space. He noted that here are some flood zone issues along the creek area.

Mr. Slager advised that they have met with staff regarding the property and were advised to rezone it from R-1 to RC-1 PUD, which will result in a density that is less than a typical R-1 development at 1.39 units per acre. Mr. Slager stated that they have tried to put in as many curved streets as possible to give it character.

Mr. Slager advised that a small section in the southeast corner would be estate lots ranging in width from 120-150 feet, the lots in the wooded areas would be 100 feet in width or greater, and the balance of the lots would be 80 feet wide.

Mr. Slager noted that there would be an entrance off of 93rd Avenue across from Monix Drive, with a main north-south road, and one off of White Oak Avenue, with a main east-west road that would stub out to the west for future development. He further noted that both entrances will be grand entrances with two lanes in and two lanes out with good traffic flow in both directions.

Mr. Slager stated that the annexation for the Huppenthal and Herman farms were filed in May; they published legal notices in June for the annexation, which was granted on June 25; the fiscal plan and publishing the ordinance is in process at this time; and the annexation would become official August 30. In the meantime, they would like to move forward with engineering and the formal layout of the subdivision. Mr. Slager stated that the goal is to get through the approval process by the end of the year and be ready to construct in the spring of 2016.

Mr. Kraus asked where the sanitary sewers are going to be. Mr. Slager responded that they haven’t gotten that far yet. He commented that there are two options being considered, Lift Station 4, which is existing on 93rd Avenue and appears to have capacity or could be upgraded to provide the capacity.

Mr. Slager further stated that Lift Station 4 is at a depth that could service the entire parcel, so they would prefer to look into Lift Station 4 and not use Lift Station 1, which currently has issues. He noted that the other option is the gravity sewer that runs through the back of Rosewood and comes along the creek, near the entrance to 101st Avenue and White Oak Avenue, which is more beneficial to service the whole southwest quadrant of town and should be utilized for that.

Mr. Kraus commented that Lift Station 4 is almost at capacity during heavy rains. Mr. Slager responded that they would work with the staff to design the station and that they could upgrade the pumps if need be.

Mr. Slager advised that this development would be done in phases with 30-40 lots per phase.

Mr. Kil asked how many phases there would be. Mr. Slager responded that there would be 6 or 7 phases with a 10-year buildout.

Mr. Kil asked if they are thinking about putting a park anywhere in the subdivision. Mr. Slager responded that the 40-acre Schillton Hills parcel is a conservancy or nature area, and the loop around there may just be a walking trail, maybe a bark chip trail.

Mr. Kil commented that it would be nice to have a park somewhere in the interior with nice playground equipment and some benches. Mr. Slager noted a space that might be a good park and stated that they will look into it.

Mr. Kil recommended that they provide a dedicated left-turn lane on 93rd Avenue.

Multiple members of the board mentioned concerns about the traffic impact of the subdivision onto 93rd Avenue and White Oak Avenue. The members concurred that 93rd Avenue is a greater concern than White Oak Avenue. Mr. Slager responded that they would come up with something to address those concerns.

Mr. Slager stated that they tried to find a north-south route for the bike path, showed two options, and requested the board’s input on the location for the bike path. Mr. Slager stated that they would prefer to run it along White Oak Avenue with curves and landscape so it features the development.

Mr. Forbes asked if they would be able to get all the way down White Oak Avenue with the wetlands. Mr. Slager responded that the wetlands are the tricky part and that they would build a boardwalk to get past a portion of it.

The board concurred that meandering the bike trail along White Oak Avenue would be the best route.

Mr. Kil asked what size the right-of-way is on White Oak Avenue. Mr. Slager stated that they would dedicate 50 feet of right-of-way on their side.

Mr. Frank Schilling asked if they could have feedback tonight on the zoning request so that they can proceed with engineering. Mr. Forbes responded that the Plan Commission is okay with the lot sizes and the offset protecting the natural areas.

Mr. Slager stated that they have some sanitary issues to work on and that they would move forward with engineering.

Mr. Frank Schilling asked if the board thought the timeline to be done with engineering and approval by the end of the year is doable. Mr. Kil and Mr. Forbes responded in the affirmative.

Mr. Kil recommended that they seek Primary Plat approval with final engineering done on the full subdivision and come in for Secondary Plat approval for each phase. Mr. Slager responded that they would rather come in with the Primary Plat and primary engineering.

Mr. Redar and Mr. Forbes stated that the bump-out portions of the road are more problematic for snow plowing than cul-de-sacs. Mr. Slager stated that they would speak with the engineers to see if those could be softened up into more of a curve.

Mr. Kil asked if there would be any extra wide roads in this project like Schillton Drive, which is very expensive to maintain and repave. Mr. Slager responded that typical street widths would be utilized in this subdivision.

Mr. Slager requested that they be allowed to use a floating building line. Mr. Kil stated that he likes a floating building line as it adds character to a subdivision.

Mr. Forbes stated that using standard width roads with gentle curves will help keep traffic speed down. Mr. Kil asked if they have street names as yet. Mr. Slager responded that they have not decided on names yet.

Discussion ensued.

Mr. Slager asked if they would be required to carry the Monix Drive name across. The Plan Commission responded that they did not have to carry the street name over into The Preserve. Mr. Slager commented that they would come in with all unique street names by the next meeting.

Mr. Slager thanked the board for the input and stated that they would be back in August.

B. MAGINOT MEADOWS PART 3 – (Petitioner: Dave Spoolstra)
Mr. Forbes advised that the next item on the agenda is Maginot Meadows, Part 3. The petitioner is Dave Spoolstra with Dutch Mill Homes, and he is looking for initial input on this project.

Mr. Kil stated that Mr. Spoolstra builds beautiful custom homes; and that Mr. Spoolstra is wanting input about the preliminary lot layout to start engineering.

Mr. Forbes asked if the right-of-way on Joliet is lined up correctly as it looks very large. Mr. Kraus asked if the original Maginot was platted that way. Mr. Kil responded in the affirmative.

Mr. Kil stated that it is a bit wide, but he is okay with that in the event Joliet ever gets widened or sidewalks are installed. Mr. Kil further stated that he believes the two lots that are situated on Joliet Street should be required to have sidewalks along Joliet Street.

Mr. Forbes asked the board members if they were okay giving Mr. Spoolstra the green light to start engineering research on this project. The board members responded in the affirmative.

OLD BUSINESS:

None was had.

ADJOURNMENT:

Having no further business before the board, Mr. Forbes adjourned the meeting at 8:21 p.m.

Respectfully Submitted:

Margaret R. Abernathy, Recording Secretary
Transcription of Minutes Only
St. John Plan Commission

08-05-2015 Plan Commission

August 5, 2015 Plan Commission Meeting Minutes

Michael Forbes, President Derwin Nietzel Attorney Dave Austgen
Steve Hastings, Vice-President   Kenn Kraus
Steve Kozel, Secretary   Steve Kil
Tom Redar    

CALL TO ORDER:

Mr. Michael Forbes called the St. John Plan Commission regular meeting to order on August 5, 2015, at 7:02 p.m.

(The Pledge of Allegiance was said.)

ROLL CALL:

Roll call was taken by Susan E. Wright, Recording Secretary, with the following Commissioners present: Michael Forbes, Steve Hastings, Steve Kozel, Tom Redar and Derwin Nietzel. Staff members present: Steve Kil was present. Kenn Kraus, Town engineer was present. Attorney Austgen was present. Gregory Volk, Town Council liaison, was present.

APPROVAL OF THE MINUTES: JULY 1, 2015, REGULAR MEETING

Mr. Forbes stated that the first item for the Board’s consideration was approval of the minutes of the regular meeting of July 1, 2015. He asked if there were any questions on the meeting minutes. There were no questions or comments.

Mr. Forbes stated he would entertain a motion on the minutes of July 1, 2015. “So moved,” by Mr. Kozel. Mr. Redar seconded motion. The motion was carried by voice vote (5/0). Ayes --- all. Nays --- none.

NEW BUSINESS:

A. GREG SCHILLING --- WELLINGTON COURT --- ONE LOT SUDIVISION --- PERMISSON TO ADVERTISE FOR SEPTEMBER.
Mr. Forbes noted the first item on the agenda under New Business was a one-lot subdivision on Wellington Court.

Mr. Greg Schilling appeared on behalf of the one-lot subdivision. He stated that there are multiple parcels he would like to combine. Mr. Schilling stated Lot 3 was the original parcel. He proposes to add three additional parcels that he has purchased to Lot 3. This resubdivision of the lots was shown on the media screen.

Mr. Schilling pointed out a parcel of easement he proposes to vacate; he would then grant a different easement. He stated that the easements actually touch each other. Mr. Schilling stated that in the event that someone built on Lot 2, they would have access to the utilities through Lot 3.

Mr. Kil noted, presently, the Lot 3 is not big enough to accommodate the construction of a proposed detached garage. Mr. Kil informed the Board that Mr. Schilling has received a variance from the Board of Zoning Appeals for a detached garage for his vehicles. He summarized that this would be a simple one-lot subdivision with a little bit of land taken from each lot.

The location of the parcel was discussed. Mr. Schilling pointed out the exact location of the parcel for the Board from the drawing on the media screen. Mr. Forbes asked the Board members if they had any questions. There were no questions.

Mr. Forbes noted since this was a one-lot subdivision; he asked the Board if they had any objection to advertising. There were no objections.

(General discussion ensued.)

Mr. Forbes stated he would entertain a motion to grant permission to Mr. Greg Schillin g to advertise for the September 2, 2015, meeting. Mr. Kozel made a motion to grant permission to Greg Schilling to advertise for the September 2, 2015, for Wellington Court, a one-lot subdivision. Mr. Hastings seconded the motion. The motion was carried by voice vote (5/0). Ayes --- all. Nays --- none.

B. LEVIN TIRE --- NORTHEAST CORNER OF 85TH AVENUE AND ROUTE 41 --- ONE LOT SUBDIVISION --- PUBLIC HEARING.
Mr. Forbes moved on the public hearing scheduled for Levin Tire, to be located at the northeast corner of 85th Avenue and Route 41, a one-lot subidivision. He called for the Petitioner to step forward. The Petitioner was not present.

Mr. Forbes stated he would move on for now and wait to see if Petitioner was running late.

C. GATES OF ST. JOHN --- RE-SUBDIVISION OF UNITS 11A AND 12A --- FIVE LOTS --- FINAL PLAT --- JOHN LOTTON.
Mr. Forbes announced the next item on the agenda for the Board’s consideration is the Gates of St. John, resubdivision of Units 11A and 12A, a five lot subdivision for final plat.

Mr. John Lotton, developer for the Gates of St. John, resubdivision of Units 11A and 12A, appeared before the Board seeking final plat approval.

Mr. Forbes asked if anything has changed since preliminary plat. Mr. Lotton responded “No.”

Mr. Kraus stated he had sent a review letter. Mr. Kraus stated he found everything okay with the plat, with no changes necessary. He stated the developmental fee would be the minimum $900. Mr. Kraus stated that Mr. Lotton is requesting that the plat be held until the improvements are installed.

Mr.Kil noted the mylar would not be signed until the infrastructure improvements are installed. He stated this is approximately a weeks’ worth of work. He stated if the Board were to grant secondary plat approval it would be with the contingency of withholding signature on the mylar until the infrastructure improvements are completed.

Mr. Forbes stated he would entertain a motion granting secondary plat approval for the resubdivision of Units 11A and 12A in the Gates of St. John and incorporating the findings of fact by reference and including the contingencies of withholding signature on the mylar until the infrastructure improvements are installed as required and the submittal of the developmental fee check in the amount of $900. “So moved,” by Mr. Kozel. Mr. Nietzel seconded the motion. The motion was carried by voice vote (5/0). Ayes --- all. Nays --- none.

D. REVIEW OF FENCE REQUIREMENTS --- ATTACHED LETTER.
Mr. Forbes noted the next item on the agenda was review of the Town’s Fence requirements along with an attached letter. Mr. Forbes noted there was a resident in Town is concerned about the placement of a gate between properties.

Mr. Forbes stated the resident is asking the Board to review the fencing requirements and consider not allowing the placement of gates.

Mr. Kil explained to the Board that the resident moved into his house his neighbor’s fence has a gate in the middle of the back yard. He stated that the reason that this gate is placed in this location is the residents who share the fence were best friends and the kids used to run back and forth between the houses. Mr. Kil stated that the resident does not think this should be allowed.

Mr. Kil stated that there is no restriction on the exact placement of the gates in the Town’s fence ordinance. He stated 99 percent of the time this is not an issue. Mr. Kil stated he informed the homeowner that no restriction exists.

Mr. Kil stated he told the resident he would take this matter up with the Plan Commission to see if the Board would be interested in amending this portion of the Town’s fencing ordinance. Mr. Forbes stated that the Board is not interested in pursuing this particular change in the fencing ordinance.

PUBLIC COMMENT:

Mr. Forbes opened the floor to public comment. He called for public comment. There was no public comment. Mr. Forbes closed the floor to public comment.

ADJOURNMENT:

Mr. Forbes stated he would entertain a motion to adjourn. “So moved,” by Mr. Kozel. Mr. Nietzel seconded the motion. The motion was carried by voice vote (4/0). Ayes --- all. Nays --- none.

(The meeting was adjourned at 7:51 p.m.)

A TRUE COPY

_____________________________________
Susan E. Wright, Recording Secretary
St. John Plan Commission

08-19-2015 Plan Commission

August 19, 2015 Plan Commission Meeting Minutes

CALL TO ORDER:

Mr. Michael Forbes called to order the St. John Plan Commission study session of August 19, 2015, at 7:03 p.m.

ROLL CALL:

Roll call was taken by Susan E. Wright, Recording Secretary, with the following Commissioners present: Michael Forbes, Steve Hastings, Tom Redar, Steve Kozel and Derwin Nietzel. Staff members present: Steve Kil was not present at roll call. Kenn Kraus was present. The Board’s attorney was not present.

NEW BUSINESS:

A. THE PRESERVE --- DEVELOPMENTAL PROPOSAL JACK SLAGER --- SCHILLING DEVELOPMENT.
Mr. Forbes called the first order of business before the Board, a developmental proposal, the Preserve. Mr. Jack Slager, Schilling Development, appeared on behalf the Preserve.

Mr. Slager submitted revised drawings for the Board’s review. Mr. Forbes noted that the annexation would be official on approximately August 30, 2015. Mr. Slager stated the developer would like to appear before the Board on to request permission to advertise for a public hearing on a rezoning.

Mr. Slager stated that there were four issues that were addressed at the last meeting that he wanted to discuss tonight, the first being the bike/walking trail. He stated that trail was moved out from along the creek to run along White Oak Avenue. Mr. Slager stated the revised plan shows the bike/walking trail weaving along White Oak Avenue up to 93rd Avenue, and then the trail weaves along the south side of 93rd Avenue.

Mr. Slager stated that there will be at least one area where the trail will enter the subdivision in between two lots. He stated that this access point will allow access into the interior streets of the subdivision. Mr. Slager stated there will also be access at the entrances along White Oak Avenue and 93rd Avenue.

Mr. Slager stated the trail will be paved and eight foot wide, winding along White Oak which will serve as both a side walk and bike trail. He stated there will still be some walking trails on the 40 acres across from Schilton Hills. Mr. Slager stated the developer is currently working with Earth Source, the wet lands designer.

Mr. Slager stated the second request from the Board was to eliminate some of the cul-de-sac and knuckles or large turns. He stated four cul-de-sacs have been eliminated and some corners rounded off. Mr. Slager stated one of the cul-de-sacs was eliminated from a main east/west road.

Mr. Slager stated a park was discussed at the last meeting. He stated that the developer has designated a two acre parcel for the park towards the back of the development. Mr. Slager stated this would be a central location that can be utilized by the future development to the west.

Mr. Slager stated the last item addressed was a request to come up with a theme throughout the development. He stated a theme of street names has been chosen. Mr. Slager stated the plans he presented tonight are preliminary and the engineering is being worked through. He stated in approximately a month he should have some “real engineering drawings ready to go.”

Mr. Slager stated he would welcome any input from the Board.

Mr. Redar mentioned some of the street names that should be changed to eliminate confusion. Mr. Slager stated that he would work on the street names.

(General discussion ensued.)

The addresses for the curved street were discussed.

(Mr. Kil enters meeting.)

Mr. Slager stated that the developer is trying to preserve as much of the woods as they can.

Mr. Slager stated that there are two or three different possibilities for the sanitary sewers, and it is still being worked out in the engineering process.

(General discussion ensued.)

Mr. Kozel requested that the engineering should not reflect manholes in front of the truncated directional.

Mr. Forbes requested that the developer take a “long, hard look” at the traffic on 93rd Avenue. Mr. Slager stated he realizes the size of the development scares people, but he opined the 440 home site development will probably be a 10-year project.

Mr. Slager stated he would return to the regular meeting in September requesting permission to advertise for a public hearing to rezone from R-1 to R-C-1.

B. GREG SCHILLING --- ONE LOT SUBDIVISION.
Mr. Forbes noted the next item on the agenda was a one-lot subdivision with Greg Schilling.

Mr. Kil informed the Board that he told Mr. Greg Schilling he did not have to show up. He stated that there has been no change in the plans from what was shown to the Board at the last meeting.

Mr. Kraus stated that the easements shown on the new lot are acceptable.

There was no further discussion.

PUBLIC COMMENT:

Mr. Forbes opened the floor to public comment. He called for public comment. There was no public comment. Mr. Forbes closed the floor to public comment.

ADJOURNMENT:

Mr. Forbes adjourned the meeting.

(The meeting was adjourned at 7:23 p.m.)

A TRUE COPY

_____________________________________
Susan E. Wright, Recording Secretary
St. John Plan Commission

09-02-2015 Plan Commission

September 2, 2015 Plan Commission Meeting Minutes

Michael Forbes, President Derwin Nietzel Attorney Dave Austgen
Steve Hastings, Vice-President   Kenn Kraus
Steve Kozel, Secretary   Steve Kil
Tom Redar    

CALL TO ORDER:

Mr. Michael Forbes called the St. John Plan Commission regular meeting to order on September 2, 2015, at 7:03 p.m.

(The Pledge of Allegiance was said.)

ROLL CALL:

Roll call was taken by Susan E. Wright, Recording Secretary, with the following Commissioners present: Michael Forbes, Steve Kozel, Tom Redar and Derwin Nietzel. Steve Hastings was absent. Staff members present: Kenn Kraus. Steve Kil was present. Attorney Austgen was absent.

APPROVAL OF THE MINUTES: AUGUST 5, 2015, REGULAR MEETING

Mr. Forbes stated that the first item for the Board’s consideration was approval of the minutes of the regular meeting of August 5, 2015. He asked if there were any questions on the meeting minutes. There were no questions or comments.

Mr. Forbes stated he would entertain a motion on the minutes of August 5, 2015. “So moved,” by Mr. Kozel. Mr. Nietzel seconded motion. The motion was carried by voice vote (4/0). Ayes --- all. Nays --- none.

NEW BUSINESS:

A. WELLINGTON COURT --- ONE LOT SUBDIVISION --- PUBLIC HEARING FOR PRIMARY AND FINAL PLAT APPROVAL --- GREG SCHILLING.
Mr. Forbes noted the first item under New Business for the Board’s attention was a public hearing for primary and final plat approval for Wellington Court, a one-lot subdivision.

Mr. Greg Schilling appeared before the Board, representing himself, for a public hearing on Wellington Court, a one-lot subdivision and seeking preliminary and final plat approval. Mr. Forbes noted there was a brief discussion at the last study session, and the only outstanding questions the Board had was on the easements and making sure that there were no easement conflicts.

Mr. Kraus stated that he reviewed the final plat. He stated that there were three things that normally are seen on a plat that were not on the particular plat he reviewed. The three items Mr. Kraus was referring to were a vicinity map, State Plane Coordinate System and the FEMA Floodplain reference. He stated these three items are present on the original plat for the subdivision. Mr. Kraus stated he believes these three items could be waived for this particular matter since it is only a one-lot subdivision.

Mr. Kraus stated that the easements are fine, and all of the bearings and distances matched the original. He stated that there is a developmental fee minimum of $900. He stated all of the improvements are in place in the subdivision.

Mr. Forbes asked if there were any questions on the preliminary plat. There were no questions.

Mr. Forbes asked Mr. Kil if the Proofs of Publication were in order. Mr. Kil stated he has reviewed the Proofs of Publication and they are in order.

Mr. Forbes announced he would open the public hearing for anyone wishing to comment on the Wellington Court, one-lot subdivision. He called for public comment. There was no public comment. Mr. Forbes closed the public hearing and brought the matter back before the Board.

Mr. Forbes stated he would entertain a motion regarding preliminary plat approval for Wellington Court. Mr. Kozel made a motion to grant preliminary plat approval for Wellington Court, a one-lot subdivision and incorporate the findings of fact by reference. Mr. Redar seconded the motion. The motion was carried by voice vote (4/0). Ayes --- all. Nays --- none.

Mr. Forbes stated for a one lot subdivision, the 30-day waiting requirement is usually waived. He stated if the Board were so inclined, he would entertain a motion to waive the rule on the 30-day requirement to allow for the final plat to be read tonight. “So moved,” by Mr. Redar. Mr. Nietzel seconded the motion. The motion was carried by voice vote (4/0). Ayes --- all. Nays --- none.

Mr. Forbes stated he would entertain a motion regarding final plat approval for Wellington Court, a one-lot subdivision, waiving the inclusion of the vicinity map, State Plane Coordinate System and the FEMA Floodplain reference from the plat, (due to the inclusion of these three items on the Master Plan) withhold signature on the mylar(s) until submittal of a $900.00 developmental fee and incorporating the findings of fact by reference. “So moved,” by Mr. Redar. Mr. Kozel seconded the motion. The motion was carried by voice vote (4/0). Ayes --- all. Nays --- none.

B. HUPPENTHAL --- HERMAN --- REQUEST FOR PERMISSION TO ADVERTISE FOR A PUBLIC HEARING ON OCTOBER 7, 2015 FOR REZONE --- JACK SLAGER.
Mr. Forbes noted the next item on the agenda for the Board’s consideration was the Huppenthal – Herman development seeking permission to advertise for a public hearing to be held on October 7, 2015, for a rezoning.

Mr. Jack Slager, Schilling Developers, was present seeking permission to advertise for a public hearing for the Huppenthal – Herman development for a rezone. He stated that the Preserve development has been before the Board a number of times in the last few weeks. Mr. Slager stated that the annexation of approximately 260 acres was finalized at the end of August.

Mr. Slager stated that the Petitioner is now requesting permission to advertise for a public hearing to be held on October 7, 2015, for a rezoning of the parcel. He stated the parcels came in with R-1 zoning with the annexation. The Petitioner is requesting a rezone the parcels from R-1 to R-C-1 PUD zoning. He stated the R-C-1 PUD zoning would allow the developer to utilize much of the R-1 zoning with variations in lot sizes as long as the overall density of the development matches what a typical R-1 development would be.

Mr. Slager stated the developer’s intention is to have a lot of open space. He stated there are four separate parcels involved, the Huppenthal parcel, the Herman parcel, the 40-acre Schilling parcel (across from Schilton Hills) and the 10-acre Buchmeijer parcel. Mr. Slager stated the Petitioner would like to come back for the public hearing on October 7, 2015.

Mr. Forbes asked if there were any questions. There were no questions.

Mr. Forbes stated he would entertain a motion to grant permission to advertise for a public hearing. Mr. Kozel made a motion to grant permission to advertise for a public hearing for the rezoning of the Huppenthal – Herman development. Mr. Nietzel seconded the motion. The motion was carried by voice vote (4/0). Ayes --- all. Nays --- none.

(General discussion ensued.)

PUBLIC COMMENT:

Mr. Forbes opened the floor to public comment. He called for public comment. There was no public comment. Mr. Forbes closed the floor to public comment.

ADJOURNMENT:

Mr. Forbes stated he would entertain a motion to adjourn. “So moved,” by Mr. Kozel. Mr. Nietzel seconded the motion. The motion was carried by voice vote (4/0). Ayes --- all. Nays --- none.

(The meeting was adjourned at 7:15 p.m.)

A TRUE COPY

_____________________________________
Susan E. Wright, Recording Secretary
St. John Plan Commission

09-16-2015 Plan Commission

September 16, 2015 Plan Commission Meeting Minutes

Michael Forbes, President Derwin Nietzel Kenn Kraus
Steve Hastings, Vice-President   Steve Kil
Steve Kozel, Secretary    
Tom Redar    

CALL TO ORDER:

Mr. Michael Forbes called to order the St. John Plan Commission, study session, on September 16, 2015, at 7:03 p.m.

ROLL CALL:

Roll call was taken by Susan E. Wright, Recording Secretary, with the following Commissioners present: Michael Forbes, Steve Hastings, Steve Kozel, Tom Redar and Derwin Nietzel. Staff members present: Kenn Kraus. Steve Kil was present. Town Council liaison, Gregory Volk, was also present.

NEW BUSINESS:

A. MILL CREEK --- UNIT ONE --- FINAL PLAT APPROVAL ---JOE LENEHAN
Mr. Forbes noted the first order of business was the Mill Creek development, Unit One, for final plat approval. Mr. Joe Lenehan, Olthof Development, appeared before the Board on behalf of Mill Creek.

Mr. Lenehan passed out copies of the plat to the Board. He stated that the property was annexed and zoned over the last year. Mr. Lenehan stated that they have been working on the first phase of the community. He stated that he has worked with Town Manager, Steve Kil and Mr. Ken Kraus,Town Engineer to establish the layout of the first phase.

Mr. Lenehan stated that the improvements are nearly completed. He stated road construction would begin next. Mr. Lenehan stated that Phase One consists of 13 paired cottage lots. He stated the developer would like to get started on this parcel and then start branching out to the west and the south over the following years and then continue into the single family area and west along the commercial.

Mr. Lenehan stated a decision has been made to come in off of Route 231; he stated the developer was able to make this configuration work with the State Highway Department. He stated, try as they might, the development could not meet the standards for a traffic signal at this location. Mr. Lenehan stated the traffic signal will need to be revisited as the community and communities in the north continue to develop.

Mr. Lenehan stated that the only outstanding issue from the primary approval was that the primary plat did not reflect the access for the commercial properties on the east and west. He stated the plat before the Board presently includes an ingress/egress easement so that when the commercial properties decide to develop and tie on they will be able to do so.

Mr. Lenehan stated that he will need to work with Mr. Kraus to determine the amount of the performance bond. He stated the bond could be submitted with final plat or immediately following. Mr. Lenehan acknowledged that the developer would not receive the plat until the performance bond is posted, and the developmental fees are paid.

(General discussion ensued.)

Mr. Forbes asked the Board if they had any further questions or comments. The Board had no further comment.

B. RENAISSANCE –UNIT 7 --- PRELIMINARY DESIGN --- WYNGATE DEVELOPMENT --- DOUG TERPSTRA.
Mr. Forbes moved on to Renaissance, Unit 7, preliminary design for Wyngate Development. Mr. Doug Terpstra appeared on behalf of Wyngate Development.

Mr. Terpstra stated what he is presenting tonight would be the final phase of Renaissance. He stated there have only been two changes since primary plat approval in 2007. Mr. Terpstra stated that there will be another change to the plat per the request of the Town. He stated in discussions with Mr. Kil, they decided the best course of action was to make the change.

Mr. Terpstra stated he would throw two ideas out to the Board and see which direction they want to go. He pointed out the delineated red line on the plat; he stated this parcel was owned by the Town back when John Lotton was in the Gates of St. John. He stated Mr. Lotton had it approved, and he had bought it under the development agreement that Mr. Lotton had with the Town for the Gates.

Mr. Terpstra stated Lot 5 has a line going through it. He stated this line is on the drawing up in the top corner, (indicating on drawing) which would be Lots 499 and 500. He stated next there is Claremont Avenue and an approximate 75 foot easement that runs through here (indicating on drawing).

Mr. Terpstra explained that what is down on the bottom, near 101st Avenue, is an old detention pond that has been made null and void and the structures standing on it are sealed up. He stated this area is something that needs to be filled up before the development can be finished. Mr. Terpstra stated all of Phase 3 runs through the interceptor.

Mr. Terpstra explained that the on the north end of 97th Avenue they took some of the lots and squeezed them together as there was already infrastructure in. He stated that there is a 42-inch line that is located in between Lots 495 and 494 and it would not be cost effective to take it out. He stated he split some of the difference between the lots so they could gain one lot in this location and another lot on the end, which is Lot 500 which is a part of the development agreement.

Mr. Terpstra stated that the developer has decreased the lot sizes much and they are trying to gain a few advantages in finishing up the development. He stated that the development has been “sitting on this for going on eight years now.” Mr. Terpstra stated there is a little bit of work left to do and they are moving along nicely now. He stated that the lot prices are still not what they were back in 2006 and 2007.

Mr. Terpstra summarized that the developer moved some of the lots down to pick up an extra one, but the lots are still 86 foot lots. He stated that approximately 80 per cent of the lots in this phase are 80 foot lots. Mr. Terpstra noted that in 2013 there were eleven houses out there, and now there’s upwards of 100 homes.

Mr. Terpstra stated that there are approximately 22 to 24 lots left in the original. He stated they were going to do the development in two phases, but this is the third and last phase of the entire development.

Referring to the drawing on the last page, Mr. Terpstra stated that this is the fourth revision of the drawing. He stated this drawing reflects closing off Claremont, coming through on 97th Avenue and “cul de sacking” it off. He pointed out what was approved after four revisions. Mr. Terpstra stated two things can be done as part of the acquisition of this property, one, is to straighten it out so that a snow plow can come through and turn around.

(General discussion ensued.)

Mr. Terpstra stated down at the bottom near the cul de sac, the developer can actually put in impervious concrete paver in and then seed it. He stated this would allow for emergency exit or entrance at any time off of 101st Avenue.

(General discussion ensued.)

Mr. Terpstra stated the development is going to have a new entrance off of Parrish Avenue. Mr. Forbes stated they talked about doing the same thing at Lake Hills of off 93rd and Deodor. Mr. Forbes stated that this didn’t happen because as soon as you put it in, people will find the shortcut and they’re going to use it.

Mr. Terpstra stated there is language on the last revision about the island (indicating). He stated it would be best to eliminate this. He stated eliminating the island would give more room.

Mr. Terpstra stated Out Lot 1508 will be smaller than it is now. He stated that the out lot would be eventually owned by the homeowners association. Mr. Terpstra stated he is looking for approval of the concept to have the cul de sac redrawn. Mr. Terpstra stated a lot was put in the out lot for the time being because there was a big hole right there.

Mr. Forbes asked if Lots 499 and 500 existed when the Gates originally came in. Mr. Terpstra responded, “Yes.” Mr. Forbes stated that there was supposed to be a park area there. Mr. Terpstra stated he did not know anything about a park.

Mr. Forbes commented that the lots were squeezed down on the north side of 97th Place. Mr. Terpstra concurred. He stated the developer put in one 80 foot lot and a couple of 82 foot lots to make the 42-inch manhole work. He stated if he hadn’t moved the manhole it would not be worth doing. Mr. Terpstra stated it’s already functioning. He talked about the flow, and stated that there is an easement between the two subdivisions that serves for over-land flow. Mr. Terpstra stated the only thing that will change are the grading points.

Mr. Forbes remarked that the lot lines had been laid out to match the existing lot lines in the subdivision behind Renaissance. He stated at the time of the public hearing, the residents attended because they were very concerned that they would have smaller lots backing up to them. Mr. Forbes stated that this is the reason why this area had larger lots.

Mr. Terpstra disagreed; he stated that this phase was not in yet. Mr. Forbes stated when the Gates received preliminary approval and the pod was developed the residents were concerned about smaller lots behind their houses. Mr. Forbes stated he was talking about the houses in Claremont Ridge.

The bike trail extension was discussed.

Mr. Terpstra was shown the map where the lots back up to each other.

Mr. Kil noted there were seven homes that would back up to Mr. Terpstra’s proposed homes. Mr. Terpstra stated that the lots were going down for 100 to 86 feet, but the last lot would be 100 feet.

Mr. Terpstra opined that he has done a pretty nice job in here. He stated his home values had to have raised the adjoining property owners home values. Mr. Terpstra stated he can’t hardly sell a home for under $400,000. He stated that he believes he is drawing the bulk of the permits out of St. John and has been for a couple of years. Mr. Terpstra stated that the homes he is currently building are worth significantly more than the homes on Claremont. He stated he does not have a lot of breathing room on this project.

Mr. Terpstra stated after dragging this project out for as long as they did, he doesn’t think he’s asking for too much. He stated he’s trying to alter the plan to his advantage. Mr. Terpstra stated the plan is not being altered that much. Mr. Forbes remarked that 20’ is a significant amount.

Mr. Forbes stated he can clearly recall the residents coming out for the meeting, and that’s why the subdivision was laid out as it was. Mr. Terpstra opined that the residents are not being done a disadvantage at all. He stated his proposal would help them out.

Mr. Terpstra stated in a strange turn of events over the last year, he has sold up to four out of five homes to Illinois residents. He stated for the last year and a half, he has been selling lots in St. John to St. John residents. Mr. Terpstra opined this is a positive.

(General discussion ensued.)

Mr. Forbes stated he is not ready to move forward on the project and recommended another study session. The Board directed Mr. Terpstra to bring in additional drawings for their review and comparison. Mr. Forbes stated he would like to see the original drawings from the Gates, the drawing of Claremont and a drawing that shows the alignment.

(General discussion ensued.)

* * * * * *

Mr. Kil stated Christine Carlyle will be at the October 7, 2015 meeting for the public hearing regarding the Town’s Comprehensive Plan. He stated that over 100 residents attended the Comprehensive Plan meeting that was held. Mr. Kil stated that the Board will receive a copy of the entire plan prior to the October 7, 2015, meeting for their review.

Mr. Kil laid out the basics of the Comprehensive Plan to the Board.

PUBLIC COMMENT:

Mr. Forbes opened the floor to public comment. He called for public comment. There was no public comment. Mr. Forbes closed the floor to public comment.

ADJOURNMENT:

Mr. Forbes stated he would entertain a motion to adjourn. “So moved,” by Mr. Kozel. Mr. Nietzel seconded the motion. The motion was carried by voice vote (4/0). Ayes --- all. Nays --- none.

(The meeting was adjourned at 8:18 p.m.)

A TRUE COPY

_____________________________________
Susan E. Wright, Recording Secretary
St. John Plan Commission

10-21-2015 Plan Commission Special Meeting

October 21, 2015 Plan Commission Special Meeting Minutes

Michael Forbes, President Derwin Nietzel Attorney Dave Austgen
Steve Hastings, Vice-President   Kenn Kraus
Steve Kozel, Secretary   Steve Kil
Tom Redar    

CALL TO ORDER:

Mr. Michael Forbes called the St. John Plan Commission special meeting to order on October 21, 2015, at 7:05 p.m.

(The Pledge of Allegiance was said.)

ROLL CALL:

Roll call was taken by Susan E. Wright, Recording Secretary, with the following Commissioners present: Michael Forbes, Steve Hastings, Steve Kozel, Tom Redar and Derwin Nietzel. Staff members present: Kenn Kraus. Steve Kil was present. Gregory Volk, Town Council liaison, was present.

NEW BUSINESS:

A. KILKENNY HIGHLANDS, UNIT TWO --- REQUEST PERMISSION TO ADVERTISE FOR PUBLIC HEARING FOR NOVEMBER 4, 2015 --- DOUG RETTIG, LANTECH
Mr. Forbes noted the first item under New Business was Kilkenny Highlands, Unit Two, requesting permission to advertise for a public hearing on November 4, 2015. Mr. Doug Rettig, Land Technologies, appeared on behalf of Kilkenny Highlands.

Mr. Rettig passed out drawings to the Board. He stated that Kilkenny Highlands would like to advertise for a public hearing for the November 4, 2015, Plan Commission meeting.

Mr. Rettig informed the Board that Kilkenny Highlands is the newest extension of Kilkenny Estates. Mr. Rettig stated that Kilkenny Highlands encompasses approximately an 11.5 acres with R-1 lots. The lots are all 100 foot minimum width. Mr. Rettig stated the unique feature running through this parcel is a ditch, which the subdivision has been designed around.

Mr. Rettig stated that sanitary and water main is at the street stub. He stated that the temporary lift station will be relocated down to the end of the cul de sac. Mr. Rettig stated he would be happy to answer any questions related to this project.

Mr. Forbes asked if the Board if they had any questions. There were no questions. Mr. Forbes stated he would entertain a motion to authorize advertisement for a public hearing on November 4, 2015. Mr. Kozel made a motion to grant permission to Kilkenny Highlands to advertise for public hearing on November 4, 2015. Mr. Redar seconded the motion. The motion was carried unanimously (5/0). Ayes --- all. Nays --- none.

B. KILKENNY ESTATES, CONSIDER REDUCTION OF LETTER OF CREDIT FOR UNIT FOUR, BLOCK ONE FROM $283,494.60 TO $17,000.
Mr. Forbes noted Kilkenny Estates , Unit Four, Block One, is requesting the Board reduce a letter of credit from $283,494.60 to $17,000.00. Mr. Kraus stated he went out to Kilkenny Estates and inspected the same with developer, Mr. James. Mr. Kraus stated all of the streets, curbs and gutters, sanitary sewers and the temporary lift station are in order. He stated that the storm sewers and drainage swales are in place.

Mr. Kraus stated that there are a few miscellaneous items that need to be addressed, soil erosion control must stay in effect until the subdivision is completed, street signs, curb repair and the as-builts have not been turned in yet. He stated the total for these items was $17,500.00.

Mr. Forbes asked if there were any questions. There were no questions from the Board. Mr. Forbes stated he would authorize sending a favorable recommendation to the Town Council on the reduction of the letter of credit for Kilkenny Estates. “So moved,” by Mr. Redar. Mr. Hastings seconded the motion. The motion was carried unanimously by voice vote (5/0). Ayes --- all. Nays --- none.

PUBLIC COMMENT:

Mr. Forbes opened the floor to public comment. He called for public comment and directed those who wish to comment to state their name and address for the record.

Joe Hero, 11723 South Oak Ridge Drive
Mr. Hero stated he had a general question on the letters of credit. He asked who was responsible to ensure the letters of credit were accurate and properly revised.

Mr. Forbes informed Mr. Hero that Mr. Kraus and Town staff both review the letters of credit. Mr. Hero asked what Town staff members review the letter of credit with Mr. Kraus. Mr. Kil responded that Mr. Redar and himself consult with Mr.Kraus.

Mr. Hero stated he wanted this clear for the record.

Mr. Forbes called for additional public comment. There was no further public comment. Mr. Forbes closed the floor to public comment.

ADJOURNMENT:

Mr. Forbes stated he would entertain a motion to adjourn the special meeting.“So moved,” by Mr. Hastings. Mr. Kozel seconded the motion. The motion was carried by voice vote (4/0). Ayes --- all. Nays --- none.

(The meeting was adjourned at 7:11 p.m.)

A TRUE COPY

_____________________________________
Susan E. Wright, Recording Secretary
St. John Plan Commission

10-21-2015 Plan Commission Study Session

October 21, 2015 Plan Commission Meeting Minutes

CALL TO ORDER:

Mr. Michael Forbes called to order the St. John Plan Commission study session of October 21, 2015, at 7:11 p.m.

ROLL CALL:

Roll call was taken by Susan E. Wright, Recording Secretary, with the following Commissioners present: Michael Forbes, Steve Hastings, Steve Kozel, Tom Redar and Derwin Nietzel. Staff members present: Kenn Kraus. Steve Kil was present. Gregory Volk, Town Council liaison, was present.

NEW BUSINESS:

A. HUPPENTHAL/HERMAN/THE PRESERVE --- RE-ZONE FROM R-1 TO RC-1 PUD JACK SLAGER --- SCHILLING DEVELOPMENT.
Mr. Forbes called the first order of business before the Board, The Preserve, a rezone from R-1 to RC-1 PUD. He stated the PUD designation that incorporates land conservancy but still retains the R-1 sized home.

Mr. Slager stated he requested placement on the agenda regarding The Preserve development. He stated this development is located on White Oak Avenue between 93rd Avenue and 101st Avenue. Mr. Slager stated that he wanted to bring the Board up to speed. He stated that the Petitioner is in the process of re-advertising and re-notifying adjacent property owners for the public hearing which will take place for The Preserves two weeks from tonight.

Mr. Slager stated that the developer and engineers have worked together to incorporate recommendations of the Board from prior study session meetings, such as a bike path along the development, all single family lots, no commercial or multi-family. He stated the developer will incorporate the following into The Preserve: over 100 acres of property preserved as open space, a bike path, tree preservation, enhanced landscaping requirements for the homes and additional trees.

Mr. Slager stated he want to make sure there were no more questions from the Board before the Petitioner goes to the public hearing in two weeks.

Mr. Forbes asked if there were any questions from the Board. There were no questions. Mr. Forbes stated that hearing no questions, the Board would see Mr. Slager on November 4, 2015.

B. GREYSTONE --- PRELIMINARY PLAN PRESENTATION --- JACK SLAGER.
Mr. Forbes moved to the next item on the agenda. He stated that Jack Slager, Schilling Development, was before the Board tonight also representing Greystone for a preliminary plan presentation.

Mr. Slager stated he was before the Board tonight to bring them up to speed on the Greystone project. He stated that the Board probably has not seen this project for almost a year now. Mr. Slager stated that Petitioner for Greystone was before the Board a year ago and started talking about the Greystone project.

Mr. Slager stated that the Greystone project is on Calumet Avenue between 101st and 109th on both sides of Calumet Avenue. He stated this project would be a combination single-family, multi-family and some commercial. He stated he would be back before the Board on this project over the next several months for study sessions and permission to advertise for rezone. Mr. Slager opined that the developer has a really nice development to go on to this property.

Mr. Slager stated that both of the developments are very large, Planned Unit Developments, so the developer will be coming in with a master plan of the entire property. He stated the parcels will be developed in phases of 40 to 50 lots at a time over a course of 10 to 15 years.

Mr. Slager asked if there were any questions on the project. Mr. Forbes stated that he recalled that this development went on hiatus waiting for the enlargement of Lift Station One. Mr. Forbes stated that the Town is getting very close to starting on the Lift Station One project.

Mr. Forbes asked the Board members if they had any questions on this project. There were no questions from the Board.

C. RENAISSANCE --- REVIEW OF PRELIMINARY DEVELOPMENT PLAN FOR RENAISSANCE, UNIT 7 --- DOUG TERPSTRA.
Mr. Forbes moved on to the review of the preliminary development plan for Renaissance, Unit 7. Mr. Doug Terpstra was present on behalf of Renaissance, Unit 7.

Mr. Terpstra stated he was developing the last phase of Renaissance and there were two lots redrawn into the plan. He stated there was discussion last month on how the lot lines matched up, or did not match up. Mr. Terpstra had submitted new drawings for discussion on the same.

Mr. Kil placed the drawings on the media screen. Mr. Terpstra stated the drawing he wanted reflected on the screen show the lot lines to the north.

Mr. Terpstra stated that there are nine or ten lots on the northwest end of the subdivision and those lots border a cul de sac from Claremont. He said there was discussion that the lot lines are now not going to match up. Mr. Terpstra stated that the lots were reduced from 100 foot lots to 86 foot lots, and a lot was added a lot in this location from the original plans that were approved.

Mr. Terpstra stated 75 percent of the 179 lots are 80 foot lots depending on where they’re at. He stated that there are a few odd-shaped lots that are 100 foot. Mr. Terpstra stated they tried to squeeze one in here. He explained that there is a 42-inch sanitary that runs somewhere in the middle, or just a little bit to the east that could not be dealt with or moved, so a few feet was taken from each lot and an additional lot was added and they were squeezed the other way.

Mr. Terpstra stated that there was discussion last month on why the extra lot was added. He stated that the developer is just trying to recoup some of the costs over the last seven or eight years from being in the development and the economy at the time.

Mr. Terpstra stated that the developer is asking for consideration for what they are doing so they can get done. He stated that this coincides with they have to do on Claremont Avenue. Mr. Terpstra stated he talked to Mr. Kil about the biggest truck that will be used for the snow plow, and the dimensions will be large enough to accommodate the Town’s snow plow.

Mr. Terpstra stated that he had discussion with Mr. Kil regarding the bike path that will be going in the front of the subdivision and all of the way across. He stated it would be a six foot concrete path from one end to the other. He stated it would eventually be tied in across the street on the east end.

Mr. Forbes asked the Board if they had any comments. There were no comments from the Board. Mr. Forbes stated, as he told Mr. Terpstra at the last meeting, he is not in favor of the “squeezing down to get one extra lot.” He stated the people that live in Claremont Ridge were at the original public hearing when this was brought up and they were told at that time that the houses that would be built behind them would line up with their property lines. Mr. Forbes stated he is not interested in shrinking these lots down just so one extra lot could be added.

Mr. Forbes stated Mr. Terpstra’s reasoning is not valid for any kind of consideration. He stated Mr. Terpstra purchased this property knowing the costs and knowing his responsibilities and this is what the package came with.

Mr. Forbes stated he is not at all interested in adding the extra lot. Mr. Terpstra stated he understood what Mr. Forbes was saying, but from the other standpoint, back then when they started Renaissance from 93rd Avenue, they were putting in 50 lot phases every year. Mr. Terpstra stated when this parcel was started they had sold off the last phase in a couple of hours.

Mr. Terpstra stated that six months later, this parcel was approved, platted and recorded and six lots were sold all to the same builder. He stated of the six lots only three were built on. Mr. Terpstra stated from 2007 until 2012, there were eleven homes in the subdivision.

Mr. Terpstra stated these are the struggles that he went through. He stated he was sure the Board could understand the type of money that was invested into this project and then have it sit there. Mr. Terpstra stated there were issues with the banks, appraisals, coming up with capital again and again to make this project work.

Mr. Terpstra stated they were talking about a subdivision that was put in in approximately mid-1980s. He stated if there was an argument, it would be the values of their homes based on how the lots matched up. Mr. Terpstra stated if he had to venture a guess the homes in this location, on the high end, would be $200,000; he stated every house going in this development now will be $400,000 plus. He stated every time a home goes in now the Claremont Ridge home values go up. Mr. Terpstra stated only four lots will really be affected by the addition of the lot on his side.

Mr. Forbes stated that he understands the economics of how the building industry was hit in 2008. He stated that Mr. Terpstra was not the only builder that was affected by the economic down turn. Mr. Forbes stated that there has not been another builder who came before the Plan Commission with an alteration to a plan saying they needed more lots because the recession cost them money. Mr. Forbes stated this does not justify Mr. Terpstra’s request.

Mr.Terpsta asked if there was any chance of this proposal going through. Mr. Forbes responded, “Not from me.” Mr. Forbes stated he was fine with the original plan that was approved. Mr. Terpstra stated he would like to hear from the neighbors to see if this is going to be a problem. Mr. Terpstra stated if they come in and have a legitimate argument he’s willing to hear it, but the argument in his mind, could only be the values.

Mr. Forbes stated it would be Mr. Terpstra’s responsibility to notify the homeowners. He stated the homeowners will be at the meeting. Mr. Forbes asked the Board members if they had any further questions. There were no further questions.

PUBLIC COMMENT:
Mr. Forbes stated even though this is a study session, there is a large crowd this evening. Mr. Forbes opened the floor for public comment. He asked for public comment.

Joe Hero, 11723 South Oak Ridge Drive
Mr. Hero asked if the Town keeps adding all of the subdivisions, who is doing the traffic studies to see what the impact is on the rest of the arteries in the Town. He asked who was doing a traffic study to see what the impact is on the fire and ambulance service. He asked who is certifying that the Town is not creating a big, congestive situation that endangers the residents of the Town as far as fire and police service. He asked if these questions had been addressed. He asked if it was included in the Town’s Master Plan.

Mr. Forbes explained that First Group Engineering is addressing the traffic concerns and are reviewing the Town’s Thoroughfare Master Plan. He stated that the Council is in constant conversation with the Fire Chief and Police Chief as to the needs of the community based on growth. Mr. Forbes stated the aforementioned entities are reviewing the issues addressed by Mr. Hero and the findings will be included in the Comprehensive Master Plan and the Thoroughfare Master Plan.

Mr. Hero asked when the studies would be done so the citizens could look at the traffic situation and make educated comments to the Plan Commission. Mr. Forbes stated the studies would be done shortly. Mr. Kil stated his guess would be approximately a month to a month and a half.

Mr. Forbes stated when the information is complete, it would be made available at the Clerk Treasurer’s office and the Town website.

Robert Birlson, Joliet Street:
Mr. Birlson stated he was at the last Plan Commission meeting when, to his surprise, he discovered that the proposed new town center is to be located on Joliet Street from Route 41 east to the railroad tracks and from Joliet north to 93rd Avenue. He stated he was appalled at what was going to happen to his residential area. Mr. Birlson stated that there are residents present tonight that feel the same way.

Mr. Birlson stated that Mr. Kil sent an e-mail to Mrs. Thiel saying that no home would be taken for the new town center on Joliet Street except Rod’s. He stated if you look at the plan, that there are homes that are being taken. Mr. Birlson stated the residents don’t like it. They don’t like the roundabout or the new road going into Boyer Development. He stated they don’t like any of this idea of the new town center in this area.

Mr. Birlson stated he understands there are problems on Joliet Street and Route 41 with left turn out and left turn in. He stated if this is a problem, change it right now by eliminating the left turns out on to Route 41 and left turns in. He stated this would eliminate traffic accidents. He stated he would be for this change and all of his neighbors are too.

Mr. Birlson stated to have a town center in the historic area is absurd. He stated the homes have been in there a long time. He stated his home is the oldest house in St. John standing. He stated his home is 175 years old this year. He stated his wife is the fifth generation in this house.

Mr. Birlson stated this is not a blighted area; everyone takes care of their homes. He stated the residents don’t want to be attacked by commercial buildings. He stated the prices will drop through the roof. He stated the new revised plan reflects business in his back yard. Mr. Birlson stated none of this is acceptable.

Mr. Forbes stated, based on the letter, the Town is not taking anybody’s home other than the Parada property.

(General discussion ensued.)

Mr. Birlson stated a suggestion the Industrial Drive and cul de sac from Joliet and go south, that would be better option because it ties perfectly into the road by Strack & Van Til and there is a traffic light there. He stated a traffic light would not be needed at 96th Avenue if this plan was followed.

Mr. Birlson stated people want to move on Route 41; they don’t want to have to keep stopping. He stated the Town should extend the cul de sac over the tracks to Strack and Van Til. He stated if they have to make a trade, maybe eliminate the crossing at Thielen and put the crossing down by the cul de sac.

Mr. Birlson stated he understands the difficulty of getting access over railroad tracks but maybe one crossing could be traded for another crossing. He stated then the traffic could be put through to Strack & Van Til Road and have a parallel road on Route 41 to go up to Boyer. He stated this would make the traffic moves.

Mr. Birlson stated having a roundabout right by a set of tracks sounds dangerous. Mr. Birlson opined that it’s dangerous.

Mr. Birlson stated the residents are not stopping until this plan is removed off of the web site and it is changed.

Jerry Swetzs, 9490 Joliet Street:
Mr. Swetz stated he was at a meeting and he heard one of the candidates talking about transparency of business and how the Town is run. He stated he also heard a candidate claim last night that there weren’t any more homes that were going to be destroyed on Joliet other than just the one for the roundabout.

Mr. Swetz stated his question is where and when was this decision ever made? Where was the authorization from the Town Manager to buy the property? Where was the decision changed that the St. John plans would be modified, that changes would be made to Joliet Street?

Mr. Swetz asked where is the transparency? Where did this meeting actually take place?

Mr. Forbes stated that there has been a lot of discussion on this and the Town is still working on details of the agreement with the developer. Mr. Forbes stated Mr. Parada and Mr. Thiel have been contacted because their property is involved in the roundabout.

Mr. Kil put the drawing on the media screen.

Mr. Forbes stated that the Boyer development was separate from the concept plan of the town center. Mr. Swetz asked if the town center is not going to be taking up houses on Joliet Street where is it going to be moved to? He asked if it would be put where the train station is going to be or is still going to go Joliet and Thielen?

Mr. Forbes stated it is just a discussion point. He stated that the Town is not planning on building it. He stated it is putting the idea out there. He stated it is a concept. He stated a good example is the train station, he stated that the train station has been in the Comprehensive Master Plan for five years. He stated a train station has yet to be built.

Mr. Forbes explained that the Comprehensive Master Plan is an overall concept plan, although the Boyer plans were included in it. He stated he believes this is where the confusion comes in. Mr. Forbes stated that there is real development in the Comprehensive Master Plan.

Mr. Swetz asked other than the roundabout on Joliet, the Town has no plans to do anything on Joliet or the other homes there? Mr. Forbes responded, “No.”

Mr. Forbes stated part of the proposed Boyer Development includes the roundabout on Joliet Street and the change to Route 41 and not allowing left-in/left-out.

Mr. Swetz stated the concept of a roundabout is a poor concept and he doesn’t think it is necessary here. He stated, in looking on the Federal Highway Administration website, building a roundabout by a set of railroad tracks is a very poor idea. He stated it would require quite a bit of research; and he doesn’t think any research has been done.

Mr. Swetz stated to have a roundabout right next to the railroad tracks where school buses go up and down the street every morning and every afternoon….there will be a roundabout right by the railroad tracks. He stated he has to make sure he leaves his house at the right time in the morning so he doesn’t get stopped by school buses. He stated this is the kind of traffic that will be backed up on the roundabout. Mr. Swetz stated this is not a wise move at all.

Mr. Swetz stated that one reason for the roundabout is to handle traffic flow. He stated quite a bit of the traffic flow on Joliet Street comes from the east from the Gates of St. John headed towards Route 41. He stated that this traffic wants to make left turns. Mr. Swetz stated that this traffic should be diverted and not kept on Joliet Street; he stated this traffic should all be diverted over to 93rd Avenue where there is a traffic light.

Mr. Swetz asked if you’re going to have this roundabout at the railroad tracks why wouldn’t you have a road that goes from out of the Boyer subdivision right next to the railroad tracks? He asked why does it have to come through?

Mr. Kil stated the whole idea is to eliminate all of the traffic flow on Joliet Street from the roundabout to US Route 41. He stated once the traffic is diverted, it will go to 96th Avenue at Route 41. He stated this is what is supposed to happen. Mr. Kil stated if left turns are eliminated on Joliet Street, the traffic by all of the residents’ home will be reduced by at least 90 percent. He stated the traffic with the roundabout keeps flowing and that was the whole idea of the roundabout. He stated that traffic engineers involved in the concept felt it was far more dangerous to have a four way stop that would back up traffic over the railroad tracks. He stated that is the only reason that the roundabout is being discussed.

Mr. Kil stated the size of the roundabout is extremely important. He stated the roundabout by the Catholic church was used as a template, a very nice roundabout with a clock tower in the middle of it. He stated that the roundabout would eliminate traffic from their homes by pushing it down to 96th Avenue and through the commercial development where it should be.

Mr. Forbes stated instead of shifting all of the traffic off of 93rd Avenue, it is essentially shifting it down to 96th Avenue and the traffic light.

(General discussion ensued.)

Mr. Swetz opined the concept is poor and he doesn’t know that the traffic study has been adequate. He stated that all of the traffic that’s coming out of the shopping center area is going to be dumped into a residential area. Mr. Swetz stated that it looks that the plan was designed with the developer in mind and not the Town residents in mind. He stated that the road would be running along closer to the tracks rather than come through someone’s cabinet shot or some of the other areas.

Mr. Kil stated that he talked to Mr. Thiel, who represents his family, and Mr. Thiel stated they have no problem selling the vacant piece of property and not the cabinet shop. Mr. Kil stated he would hope Mr. Thiel would call him if he changed his mind.

(General discussion ensued.)

(Mr. Forbes pounded the gavel for order)

Mr. Forbes called for additional public comment.

Tom Parada, 9535 Joliet Street:
Mr. Parada stated he has lived at his Joliet Street address for 56 years. He stated he has a number of questions and a number of comments.

Mr. Parada stated on September 6 of this year, he was contacted by Mr. Kil. He stated Mr. Kil told him that the Town was going to appropriate his property and they would use whatever means necessary to get his property.

Mr. Parada states he understands this and will “take one for the Town if that’s what it takes.” He stated he does not want to leave Town and plans on living his life in St. John until the day he dies. Mr. Parada stated he has started repairing his house. He stated he is being hit with all kinds of threats of having to make repairs. Mr. Parada asked which is it, does he repair it and live in it or does he does nothing and sell it to the Town for the $31,000 they offered him.

Mr. Parada stated he would like to talk about the techniques that were used. He stated Mr. Kil called him and confused his kindness and respect for ignorance and stupidity. Mr. Parada stated he is not in the best health, maybe a little older and tired, but he is neither stupid nor ignorant. Mr. Parada acknowledged that his house has deteriorated. He stated he took care of his father from the age 95 through 98 years for 24 hours a day, which explains the condition of his home.

Mr. Parada stated that (pointing) “That man has lied to me every step of the way.”

Mr. Parada stated that he informed Mr. Kil that he doesn’t want to sell his property. He stated he has started working on the house. He stated he has hopes to turn the home into a nice, handicapped-accessible home with a goldsmithing shop.

Mr. Parada stated that Mr. Kil told him not to do anything to the house. He stated he was told the home was going to be torn down. He stated one later he received a call from Tom Bochnowski, appraiser, informing him they were coming to his home the next day. Mr. Parada stated that the appraiser was an “Assassin sent out to assassinate the value of his property.”

Mr. Kil commented that he is listening to Mr. Parada stand up and lie. Mr. Parada stated he is going to keep talking and he isn’t even started yet. Mr. Forbes requested that Mr. Parada wrap up his comments. Mr. Parada stated had every intention to keep talking and he was not ready to stop talking.

Mr. Forbes stated he controlled the floor. Mr. Parada stated, “This is called civil disobedience and it’s allowed and it’s why we’re a country. I’ve been a gentleman to everyone here and now I expect the same treatment.”

(The audience applauded.)

Mr. Parada state he doesn’t take calling a man a liar lightly. He stated he is a Christian and he doesn’t lie. He stated Mr. Kil called him after the appraisers came out. He stated he called Mr. Kil on the 10th to ask what the appraisers came up with. He stated Mr. Kil told him that it doesn’t work that way. Mr. Kil stated that it would take longer.

Mr. Parada stated that his house was sold at a tax sale. He stated Mr. Kil offered to buy the house back for him. Mr. Parada stated that Mr. Kil told him that the Town would rather buy the house back from him than the person who bought it at the tax sale. Mr. Parada stated he talked to Mr. Kil on another occasion and asked him if he was certain that the Town was committed to buying his property back for me. He stated he was told not to worry about it because it was a done deal.

Mr. Parada all of this happened on July 10. He stated five weeks went by and there was no word from Mr. Kil. He stated at this point, he believed he was being duped and he bought his property back on his own with a little bit of stock he had inherited from his mother and with some help from some very kind people of the Town of St. John.

Mr. Parada stated that after seven and a half weeks he was contacted and told to come in and sign some papers to sell his property. He stated Mr. Kil had not kept him informed in any way shape or form. Mr. Forbes stated Mr. Parada was told that the Town was waiting for the reply from the appraisers. Mr. Parada stated, according to his lawyer, the appraiser’s report was done in two and a half weeks.

Mr. Parada stated that the document for him to sign was giving him $31,000. He stated he had already bought the property back so he was not interested in an offer of $31,000.

Mr. Parada stated when the appraiser came out ---

Mr. Forbes requested that Mr. Parada wrap things up.

Mr. Parada stated he has something to say. He stated this is civil disobedience and it is allowed. He stated he is not through making his point yet. He state “You guys are trying to string me up and I’ve done nothing to you, nothing to you whatsoever. Folks, do you mind if I talk?”

(Audience applauds.)

Mr. Parada stated he told Mr. Kil at the Comprehensive Plan meeting that he would take the $31,000 offer if Mr. Kil would find him another place in St. John with the same amount of property, same amount of outbuilding space, same amount of living space. He said he received no reply.

Mr. Parada stated that they were trying to shut him down because he does not have a functioning bathroom. He stated he was going to put new tile in the bathroom and utility room and a new curbless shower. Mr. Parada was told not to do anything to the house.

Mr. Forbes stated that this meeting was a St. John Plan Commission study session. Mr. Forbes stated he opened the floor as a courtesy. Mr. Parada stated he has been a gentleman. He stated this is called civil disobedience. Mr. Forbes stated this is a professional meeting and he controls the floor. He asked if anyone else had a public comment. He called again for public comment. There was no additional public comment.

(Mr. Parada was commenting in the background.)

(Mr. Forbes pounds gavel.)

Mr. Forbes called for a motion to adjourn. The motion died for lack for action.

Mr. Swetz addressed the Board saying he hoped they understood how serious the residents take this matter. He stated he understands the Board is tasked with a responsibility to advance and grow the Town. Mr. Swetz stated he appreciates the work that the Council has done. He stated it is appreciated how much time and energy the council members put into the job.

Mr. Swetz reiterated that the Joliet Street residents don’t want their houses ruined. He stated he and his wife have put a lot of time, energy and effort into their home to make it beautiful. He stated they want to make St. John a beautiful community.

Mr. Forbes stated he understands the residents’ concerns. He to the group, “If that were to be removed, would that not validate the concerns of the residents in that area, saying, look, they were going to take our homes, but now they’re not.”

Mr. Forbes asked if removing the plan would honestly settle the matter. He stated that just because the picture is not in the Comprehensive Master Plan, will that actually settle the residents’ fears.

Mr. Forbes stated there is so much fear-mongering going on from candidates that are running for election this year. Mr. Forbes apologized for bringing up politics. He stated that there are several candidates out there that are preying on the residents’ concerns. Mr. Forbes reiterated that he understands the residents’ concerns. He stated that the concerns have been built and grown into fears that are unsubstantiated.

Mr. Forbes stated the public hearing is to get public input into the plans. Mr. Forbes stated that there is another public hearing on the Comprehensive Master Plan. He told the residents that they would have another opportunity to discuss this.

Mr. Forbes reiterated he understands the residents’ fears and concerns. He stated he is not dismissing any of the comments that are coming from the residents that live in this area. Mr. Forbes stated at the end of the day, if the concerns could just be addressed and let the fear go everyone could move forward. Mr. Forbes reiterated he is not interested in taking any house on Joliet Street or Thielen, or in the entire area.

Mr. Forbes stated this is a drawing. Mr. Forbes repeated there will be another public hearing and it will be a more appropriate time for the residents to comment because their comments can be made a part of the official record of the public hearing. He stated that the next public hearing is on November 4, 2015.

Mr. Forbes stated he fully expects the residents to turn out on November 4, 2015, and he looks forward to their comments. Mr. Forbes asked that this matter be addressed professionally. Mr. Forbes stated bantering back and forth will do no good. He requested that people used the podium, state their name and address and then speak.

Mr. Swetz stated that if the Council would take this plan off the board, it would ease a lot of apprehension. He stated because of some of the discussion, rumors, whatever make the validity or the reliability of the Town’s word (unintelligible). Mr. Swetz stated this is unfortunate but that’s the situation and he just wanted to be honest about it. Mr. Swetz stated “We question whether you’re actually working in our best interests or if you’re working in the interests of business.”

Mr. Forbes repeated he understands the residents’ concerns and it is unfortunate that the rumors have more validity than the facts. Mr. Swetz stated that the residents have not had a lot of a facts. He stated when the meetings were cancelled a couple of weeks ago it just adds to the concerns of ‘okay, what’s going on.’ Mr. Swetz explained this is what the perception seems to be and how the homeowners have taken things.

Mr. Swetz stated may be the residents are wrong and he hopes they are wrong, but he just wanted to make the Board aware of their situation.

Mr. Forbes stated it was extremely unfortunate that the meeting was cancelled because two members had family matters to take care of. He stated that there were not enough members to reach a quorum. Mr. Forbes stated he waited in the lobby for people to show up. He apologized for this unfortunate meeting cancellation.

Kathleen Fox 10753 Thielen Street:
Ms. Fox stated this is just a proposed plan, and obviously a number of residents on Joliet and Thielen Street are seriously concerned about their houses coming down. She stated if the Board is willing to say, hey, let’s change that plan, the residents would be happy with that.

Ms. Fox stated that the roundabout is a problem. She stated as soon as the roundabout goes in the traffic goes in, property values drop even if the residents still own their homes. She asked what the houses will appraise at when people decide to sell if a roundabout goes in. Ms. Fox stated she received no notice when Public Works went in across the street; she stated four homes got leveled then. She stated she has Public Works in front of her house, an industrial park behind her house and if any of the other things go through, what is her house going to be worth. She asked if they would offer $80,000 for her house?

Ms. Fox asked if this happened in the Board’s neighborhoods around their homes what would they be thinking?

(Audience applause.)

Mr. Fox stated she is on the first street ever platted in Town. She asked how many houses will be left on the street when the Town gets done with it? Ms. Fox asked the Board to give the residents a break as they are trying to hold on to the Town and the Board is fighting them every step of the way. She asked, can you work with us?

Mr. Forbes stated he doesn’t see it as fighting. Ms. Fox stated if the Board is willing to make sure that the homes are not torn down on Joliet and the end of Thielen Street, she begged the Board to get rid of the roundabout also. She stated the Board could put the roundabout down by the industrial park or by Three Springs.

(Audience applause.)

Scott Richardson, 9445 Joliet Street:
Mr. Richardson stated that nobody moved to St. John or decided to stay in St. John for the proposed development that they are trying to put into the Town. He stated residents wanted to live in a sleepy community without all of the traffic, without all of the development, without all of the commercialism.

Mr. Richardson stated all of the people from Illinois that keep moving to St. John are trying to get out of that situation in Illinois and move to a quiet community and St. John is trying to appease builders. He asked what benefit there is to the homeowners of St. John for all of the development in St. John.

Mr. Richardson pointed out US 41 is still the same as it was 50 years ago, 93rd is still the same road it was 50 years ago as is Joliet Street. He stated the Board is trying to squeeze all of the additional development in Town with no improvement to the infrastructure.

(Audience applause.)

Mr. Richardson asked what is being gained by the residents of St. John, especially the long-term residents of St. John? He asked what the residents will gain by the development. He stated St. John is being turned into Main Street in Highland which is an absolute nightmare to travel.

Mr. Richardson stated he does not understand why he was not notified about the meeting at Lake Central a few months ago. He stated he heard about it from his neighbor. Mr. Forbes stated there was information about the meeting on the Town’s web site.

(General discussion ensued.)

Mr. Richardson stated the big question is why is commercialism being developed in this Town. He stated the Town is not set up for commercialism and cannot handle it. He stated pushing development on to the side streets of St. John is not the answer.

Mr. Forbes called for anyone who had not spoken who wished to make public comment.

Unidentified:
He stated he didn’t mean to be disrespectful but he had to leave to tend to his wife.

Mr. Forbes called for additional public comment.

Joe Gerlach,1946 Thielen Street:
Mr. Gerlach stated that he suddenly found out that his house would be taken away, a road coming through from Civic Drive. Mr. Gerlach stated he wanted to introduce himself to the Board.

Mr. Gerlach stated that he feels it has been neglect on his part to not have attended the Town meetings. He stated he came to St. John in 1955. He stated he was very active in the community, started a Little League, CYO basketball and senior gathering. Mr. Gerlach stated he just wanted the Board to know him. He stated he is a Christian man.

Mr. Gerlach stated he and his wife have both been active with youth groups. He stated back in the 1960s after he was married he felt the home he moved to in St. John was made available to him to raise his family.

Mr. Forbes told Mr. Gerlach that the Town is not taking his house, and have no intention of taking his house. Mr. Gerlach stated he wanted to be at the meeting to back up his neighbors.

(Audience applause.)

Mr. Parada thanked the Board for listening to him. Mr. Forbes apologized for his earlier frustration. Mr. Parada acknowledged the apology.

Mr. Parada asked what the problem with the roundabout was. He stated the roundabout drawing was the stupidest piece of engineering he had ever seen.

Mr. Parada asked for the Board’s indulgence.

(General discussion ensued.)

Mr. Parada pointed to the drawing, reiterating he is not an engineer, he stated the roundabout would come through his front bedroom and part of his living room. He stated that the Town has to have a roundabout there is a better way to do it.

Mr. Parada explained and pointed out on the drawing how the roundabout could be redrawn to better serve the Town. He stated this is just one take on the roundabout.

Mr. Prada stated it is obvious, if it were up to the residents present tonight, the roundabout would not happen at all. He cited eminent domain law. He stated all of his land is not needed to put in a roundabout.

Mr. Parada opined that the only reason St. John is getting a roundabout is because Schererville has one, “keeping up with the Joneses” He stated there is a better solution.

Mr. Parada stated a lot of people absolutely hate roundabouts. He stated they are very efficient, but not when they’re 200 feet away from a railroad track.

Joe Hero, 11723 South Oak Ridge Drive
Mr. Hero stated there is enough controversy here, from what was heard, that the Board should scheduling November 4, 2015, as the day after the elections to do this, is too soon. He stated there is too much confusion. He stated that there are alternate ways to solve the problem.

Mr. Hero stated that the Board should postpone the November 4th, 2015, meeting for a couple of weeks and do some more studying on what needs to be done here. He stated it is obvious listening to everyone’s comments, there are other, better proposal made, like using 97th Avenue. He stated the issue has been raised whether this is taking care of a developer or what

Mr. Hero stated using 97th down by Strack & Van Til, that would solve a lot of problems and it wouldn’t even have to hit Joliet Street. Mr. Hero reiterated his request to cancel the November 4, 2015, meeting and study this matter and take the comments of the residents and come up with a rational better alternative solution so that this problem disappears and the residents aren’t concerned.

Mr. Hero stated the Board should look at access along the tracks. He stated all of the things that were brought up by Mr. Swetz might be a better solution. He stated in order to do this, the Town cannot have clandestine meetings with the developer and spin it out to the people.

Mr. Forbes stated the purpose of the November 4, 2015, meeting is to collect data from the residents and effectively make any changes that need to be made to the Comprehensive Master Plan. He stated if a public meeting is not held, they cannot get a collect information and get a complete record. Mr. Forbes acknowledged he received a lot of information from the residents’ tonight, but more will be collected.

Mr. Forbes reiterated the purpose of the public hearing is to collect the input from the residents, and that is the reason that the public hearing will be held.

Mr. Hero stated the residents gave the Board an advantage by speaking tonight, and the Board should take advantage of it.

Mr. Forbes stated he would see everyone at the public hearing.

ADJOURNMENT:

Mr. Forbes asked for a motion to adjourn. “So moved,” by Mr. Redar. Mr. Kozel seconded the motion. The motion was unanimously carried by voice vote (5/0). Ayes --- all. Nays --- none.

(The meeting was adjourned at 8:30 p.m.)

A TRUE COPY

_____________________________________
Susan E. Wright, Recording Secretary
St. John Plan Commission

11-04-2015 Plan Commission

November 4, 2015 Plan Commission Meeting Minutes

Michael Forbes, President Derwin Nietzel Attorney Michael Muenich
Steve Hastings, Vice-President   Kenn Kraus
Steve Kozel, Secretary   Steve Kil
Tom Redar    

CALL TO ORDER:

Mr. Michael Forbes called the St. John Plan Commission regular meeting to order on November 4, 2015, at 7:03 p.m.

(The Pledge of Allegiance was said.)

ROLL CALL:

Roll call was taken by Susan E. Wright, Recording Secretary, with the following Commissioners present: Michael Forbes, Steve Hastings, Steve Kozel, Tom Redar and Derwin Nietzel. Staff members present: Kenn Kraus. Steve Kil was present. Attorney Michael Muenich was present. Town Council liaison, Gregory Volk was present.

APPROVAL OF THE MINUTES: SEPTEMBER 2, 2015 AND OCTOBER 21, 2015, REGULAR MEETINGS

Mr. Forbes stated that the first item for the Board’s consideration was approval of the minutes of the regular meeting of September 2, 2015 and October 21, 2015. He asked if there were any questions or comments on the meeting minutes. There were no questions or comments.

Mr. Forbes stated he would entertain a motion on the minutes of September 2, 2015 and October 21, 2015. “So moved,” by Mr. Kozel. Mr. Redar seconded the motion. The motion was carried by voice vote (5/0). Ayes --- all. Nays --- none.

NEW BUSINESS:

A. HUPPENTHAL/HERMAN/THE PRESERVE --- PUBLIC HEARING ZONE CHANGE FROM R-1 TO RC1-PUD --- JACK SLAGER.
Mr. Forbes noted the first item under New Business was a public hearing for the Huppenthal/Herman/The Preserve development seeking a zone change from R-1 to RC-1-PUD.

Mr. Jack Slager, Schilling Development, appeared before the Board for the public Hearing. He cited a part of the Town’s ordinance on RC-1 zoning districts as follows: The purpose of the RC-1 zoning district is to provide for innovative residential environments by allowing a high degree of flexibility in the design of single-family subdivisions, encouraging more efficient use of the land through the introduction of open space and conservation of land within residential subdivisions while protecting remaining significant natural features within the district by emphasizing less intensive suburban land uses. Mr. Slager stated that this description best summarizes the developer’s intent, and after meeting with the Town, the developer felt this was the best zoning for this parcel

Mr. Slager stated by using this zoning much of the natural layout of the area will not be disturbed. He stated they will be preserving or enhancing over 100 acres of the 320 acre development. Mr. Slager stated he would be happy to answer any questions.

Mr. Forbes asked Mr. Slager to address the confusion associated with the RC-1 zoning of the development. Mr. Slager explained that the RC-1 stands for residential-conservation. He stated that there will be no commercial development within the subdivision but only single family homes.

Mr. Forbes stated if there were no questions from the Board he would open the public hearing. There were no questions from the Board. Mr. Forbes opened the public hearing.

PUBLIC HEARING

Joe Hero, 11723 South Oak Ridge Drive:
Mr. Hero stated he objected to reducing this development to a different classification. He stated he believed that the R-1 classification preserves the values of homes in Town and the original zoning should be adhered to.

Mr. Hero stated his other concern was the traffic congestion which will be increased with the addition of this subdivision. He stated that the Town should look at developing the roads before adding subdivisions with more people in them.

Mr. Hero stated he objected to the cancellation of the Comprehensive Plan meeting that was scheduled for tonight. Mr. Forbes reminded Mr. Hero that this public hearing was for The Preserves development. Mr. Hero stated that this is a public hearing and “You can’t shut me up. Okay. That’s the way it goes.” He stated that there is no public comment scheduled on the agenda, and he wanted to know how this development will fit into the Comprehensive Plan.

Lisa Day 12699 West 101st Avenue:
Ms. Day stated she lives near the proposed development and she drives past it multiple times a day. She stated that without her stopping on the road she would never have noticed a sign posted. She stated her understanding is that this is the only way she would be notified of such a meeting. Ms. Day stated that this is an unfair practice if the sign is the best and only way to notify all of the residents who will be affected by the proposed development. She stated it was impossible to read the sign posted.

Jennifer Erickson, 9865 Rosewood Drive:
Ms. Erickson stated she agreed with the concerns of the previous two residents related to traffic on 93rd and White Oak. She wanted to know how this traffic will be patrolled. Ms. Erickson stated she is also concerned about the sewer system in St. John and would like to see how this issue would be addressed.

Mr. Forbes informed Ms. Erickson that she would have to divulge her address as it would be a part of the public record. Ms. Erickson complied.

Mr. Forbes called three times for additional public comment. There was no further public comment. Mr. Forbes closed the public hearing and brought the matter back before the Board.

Mr. Forbes asked the Board if there was additional discussion. There was no discussion. Mr. Forbes stated he would entertain a motion to send a favorable recommendation to the Town Council for the zone change from R-1 to RC-1 for the Huppenthal/Herman/The Preserve parcel, with the findings of fact included by reference.

Mr. Kozel made a motion to send a favorable recommendation to the Town Council for a change of zoning for R-1 to RC-1 PUD for the Huppenthal/Herman/The Preserve parcel, and incorporated the findings of fact by reference. Mr. Hastings seconded the motion. The motion was carried by voice vote. (5/0). Ayes --- all. Nays --- none.

B. MILL CREEK --- UNIT ONE --- FINAL PLAT APPROVAL --- JOE LENEHAN.
Mr. Forbes moved on to Mill Creek, Unit One, for final plat approval. Mr. Joe Lenehan, Olthof Development, appeared on behalf of Mill Creek, Unit One, seeking final plat approval.

Mr. Lenehan stated that Mill Creek received primary plat approval and the developer has been working on Phase One. He stated the drawings have been engineer-reviewed and the bond has been posted and he believes everything is in order to proceed. Mr. Lenahan stated the first phase of the development includes 13 paired villa lots up near the future commercial areas, and the developer will continue to work their way south in developing the community.

Mr. Redar remarked that the development was not quite in compliance with the SWPP plan, he stated he requested that a publication be posted for the SWYPP plan along Route 231 and it has not been done. Mr. Redar stated that there are a few issues to be addressed to bring the SWYPP plan into compliance. Mr. Lenehan stated that these issues would be dealt with this week.

(General discussion ensued.)

Mr. Forbes stated if there were no questions or comments from the Board he would entertain a motion. There was no further discussion.

Mr. Redar made a motion to grant final plat approval to Mill Creek, Unit One, with the contingency that the SWYPP plan is adhered to including the posting of publications, and incorporating the findings of fact by reference Mr. Nietzel seconded the motion. The motion was carried by voice vote. (5/0). Ayes --- all. Nays --- none.

C. KILKENNY HIGHLANDS, UNIT TWO --- PUBLIC HEARING FOR PRIMARY SUBDIVISION APPROVAL --- DOUG RETTIG.
Mr. Forbes noted the next item on the agenda was a public hearing for Kilkenny Highlands, Unit Two. Mr. Doug Rettig, Land Technologies, project engineer for Kilkenny Highlands, Unit Two, appeared before the Board.

Mr. Rettig stated he was present for the public hearing tonight on the 11 acre subdivision. He stated that there are R-1 sized lots in an area that is zoned R-2, so the lots are larger than what is required. Mr. Rettig stated that Kilkenny Estates, Unit Four, Block One was recently put in and now the developer is basically extending from there.

Mr. Rettig handed out plans to the Board. He stated that there is a creek that runs through the property, which allows the developer the opportunity to create some preservation areas. Mr. Rettig stated that there will be a culvert to cross the creek which will be landscaped. He stated the retention pond will be storing water for the whole general area including Unit Four, Block One.

Mr. Rettig stated that sanitary sewer and water are already stubbed. He stated that there is a temporary lift station in place. Mr. Rettig stated the lift station is going to have to be relocated until a permanent lift station is installed sometime in the future. He asked the Board if they had any questions on this project.

(General discussion ensued.)

Mr. Forbes asked the Board if they had any questions. The Board had no questions. Mr. Forbes opened the public hearing.

PUBLIC HEARING

MaryJo Knoezer, 8274 Columbia:
Ms. Knoezer stated her understanding was that this matter was set for hearing last month but there was no quorum. She asked why this matter was up for approval when there has not been a publication.

Mr. Forbes asked if the publications were in order. Mr. Kil reported that the matter had been properly republished. Ms. Knoezer asked if this matter was supposed to have been approved at the last hearing that was cancelled. Attorney Muenich explained that a brand new hearing date had been republished.

Mr. Forbes explained that all of the requirements had been covered. Ms. Knoezer replied, “And I’m sure you won’t cover any of the other requirements either because you didn’t at the last part of ...” (unintelligible word).

Mr. Forbes called twice for additional public comment. There was no further public comment. Mr. Forbes closed the public hearing and brought the matter back before the Board.

Mr. Forbes asked the Board if they had any additional comments or questions. There was no comment. Mr. Forbes stated he would entertain a motion. Mr. Kozel made a motion to approve preliminary plat for Kilkenny Highlands, Unit 2, and incorporated the findings of fact by reference. Mr. Redar seconded the motion. The motion was unanimously carried by voice vote (5/0). Ayes --- all. Nays --- none.

D. RENAISSANCE --- PERMISSION TO ADVERTISE FOR PUBLIC HEARING FOR PRIMARY APPROVAL ON DECEMBER 2, 2015.
Mr. Forbes moved on to Renaissance, who was seeking permission to advertise for a public hearing for primary approval on December 2, 2015. Mr. Doug Terpstra appeared on behalf of Renaissance seeking permission to advertise for preliminary approval for the final phase of Renaissance at Rose Gate on December 2, 2015.

Mr. Terpstra stated the hearing would address a couple of longstanding issues, most importantly, the closing off of Claremont Avenue and altering the development to add a couple of lots.

Mr. Forbes asked the Board if they had any questions. There were no questions. Mr. Forbes stated he would entertain a motion grant permission to Renaissance to advertise for a public hearing on December 2, 2015. “So moved,” by Mr. Kozel. Mr. Hastings seconded the motion. The motion was unanimously carried by voice vote (5/0). Ayes --- all. Nays --- none.

E. HUPPENTHAL/HERMAN/THE PRESERVE --- REQUEST PERMISSION TO ADVERTISE PRIMARY SUBDIVISION APPROVAL ON DECEMBER 2, 2015 --- JACK SLAGER.
Mr. Forbes moved on to Huppenthal/Herman/The Preserve, requesting permission to advertise for preliminary subdivision approval on December 2, 2015. Mr. Jack Slager, Schilling Development, appeared before the Board on behalf of Huppenthal/Herman/The Preserve.

Mr. Slager stated he was seeking permission to advertise for preliminary plat approval for Huppenthal/Herman/The Preserve on December 2, 2015, since the Board would be sending a favorable recommendation to the Town Council on the zoning change.

Mr. Forbes asked the Board if they had any questions. There were no questions. Mr. Forbes stated he would entertain a motion to grant permission to Huppenthal/Herman/The Preserve to advertise for preliminary subdivision approval on December 2, 2015. Mr. Kozel made a motion to grant Huppenthal/Herman/The Preserve permission to advertise for preliminary plat approval on December 2, 2105.

Mr. Hastings seconded the motion. The motion was unanimously carried by voice vote (5/0). Ayes --- all. Nays --- none.

F. GREYSTONE --- REQUEST PERMISSION TO ADVERTISE ON DECEMBER 2, 2015 --- REZONING --- JACK SLAGER.
Mr. Forbes noted Greystone was requesting permission to advertise for rezoning on December 2, 2015. Mr. Jack Slager, Schilling Development, appeared before the Board on behalf of Greystone.

Mr. Slager informed the Board that the Greystone development is located on both sides of Calumet Avenue, running south of 101st. He stated this property was annexed into the Town a number of years ago. Mr. Slager stated the developer would like to present a cohesive plan for the entire development including some multi-family dwellings, professional office buildings along Calumet Avenue, and some singe family dwellings.

Mr. Forbes asked the Board if they had any questions. There were no questions. Mr. Forbes stated he would entertain a motion grant permission to Greystone to advertise for a rezoning at the December 2, 2015, meeting. Mr. Kozel made a motion to grant Greystone permission to advertise for rezoning at the December 2, 2015, meeting. Mr. Nietzel seconded the motion. The motion was unanimously carried by voice vote (5/0). Ayes --- all. Nays --- none.

ADJOURNMENT:

Mr. Forbes adjourned the meeting.

(The meeting was adjourned at 7:15 p.m.)

A TRUE COPY

_____________________________________
Susan E. Wright, Recording Secretary
St. John Plan Commission

11-18-2015 Plan Commission

November 18, 2015 Plan Commission Meeting Minutes

Michael Forbes, President Derwin Nietzel Attorney Dave Austgen
Steve Hastings, Vice-President   Kenn Kraus
Steve Kozel, Secretary   Steve Kil
Tom Redar    

CALL TO ORDER:

Mr. Forbes called the St. John Plan Commission Study Session Meeting to order on November 18, 2015, at 7:00 p.m.

ROLL CALL:

Roll call was taken and the following members were present: Steve Hastings, Steve Kozel, Derwin Nietzel, and Michael Forbes. Staff present: Steve Kil, Kenn Kraus, and Greg Volk, Town Council Liaison.

Absent: Tom Redar.

NEW BUSINESS:

A. HUPPENTHAL/HERMAN, THE PRESERVE – Primary Plat – (Petitioner: Jack Slager)
Mr. Forbes advised that the next item on the agenda is Huppenthal-Herman, The Preserve.

Mr. Jack Slager with Schilling Development stated that they are here to discuss The Preserve, the Huppenthal-Herman property, which received zoning approval for RC-1 at the last Plan Commission meeting that should be finalized at the next Town Council meeting. Mr. Slager stated that they have advertised for their Public Hearing for Primary Plat approval on December 2.

Mr. Slager referenced the drawing on the viewing screen and stated that the 8-foot paved bike/walking trail will run continuously along 93rd Avenue, down the west side of White Oak Avenue and wind all the way down to 101st Avenue. Mr. Slager stated that they would require a 7-foot sidewalk to be installed along the north side of Waterleaf Drive, the main east-west road through the parcel.

Mr. Slager advised that they are looking at the first phase having 50 lots, a retention area, wetlands, and the entrance on White Oak Avenue. He further advised that they would use the new sewer upgrade to Lift Station No. 1 and tie in to the Rosewood sanitary system. Mr. Slager noted that they will continue to work on lift-station upgrades on 93rd Avenue for future phases.

Mr. Slager advised that they are working on the water main connection that the Town has requested: There is a 12-inch water main in Rosewood; and in order to complete the Town’s looping system, they will be running a 12-inch water main down to 101st Avenue and tying in to the existing water main there.

Mr. Kozel asked Mr. Slager to be sure that there are no catch basins in the sidewalks. Mr. Slager agreed to work with Mr. Kraus to ensure that does not happen.

Mr. Slager agreed to seek Primary Plat on the whole subdivision and come back for Secondary Plat for each phase individually.

Mr. Forbes asked about the improvements for the 93rd Avenue entrance. Mr. Slager responded that they will improve that intersection with left-turn lanes, widening White Oak to three lanes as it approaches, a left-turn lane to go south, and a bypass lane for eastbound traffic on 93rd Avenue.

Mr. Nietzel recommended that Mr. Slager run the water main a different way so as not to bore under the box culvert and the cul-de-sac would not become a dead-end on the water main. Mr. Slager agreed to do so.

B. GREYSTONE – Rezoning from R-2 and B-3 to C-1 and R-3 PUD – (Petitioner: Jack Slager)
Mr. Forbes advised that the next item on the agenda is Greystone.

Mr. Jack Slager with Schilling Development stated that they received permission two weeks ago to advertise for Public Hearing for rezoning this parcel at the next Plan Commission meeting. The process was started approximately a year ago and stalled due to sanitary sewer issues. Over the course of the year, they worked with the staff and engineers to tweak the plan.

Mr. Slager stated that there will now be a bike path that will tie in to Saddle Creek’s bike path, run through the development to Calumet Avenue, and follow all the way to their west property line. Greystone will have single-family homes, cottage homes, duplexes, patio homes, and villas.

Mr. Slager advised that none of the current zoning works well for cottage homes or patio homes, so they are requesting R-3 PUD zoning. He further advised that they have small areas of professional offices near the entrance that will be small, brick, residential looking businesses. He further advised that there is a large green area on the west side of Calumet Avenue south of the pipeline where they have 5.6 acres dedicated as a park.

Mr. Slager stated that they have been working with the builders of the multifamily units and that they have come up with nice architecture that will be controlled with covenants and restrictions. The cottage homes will be stone, craftsman-style homes with heavy landscaping, which would be the theme for the duplexes and the patio homes as well.

Mr. Nietzel advised that there is a small lift station that the school has that runs diagonally through the one pipeline easement and that it should be left intact. Mr. Slager responded that they have a 15-inch sanitary sewer that is stubbed to their property from Saddle Creek, and the existing Heritage School pumps into that through their property. He added that they will be bringing that through their site and stubbing it to the south for future development.

Mr. Slager commented that the businesses will be a professional businesses park for attorneys, doctors, and dentists, which are all allowable uses in C-2.

Mr. Slager stated that the property was annexed approximately ten years ago and currently has a B-3 zoning along Calumet Avenue, which no longer exists.

C. RENAISSANCE – Primary Subdivision Approval – (Petitioner: Doug Terpstra)
Mr. Forbes advised that the next item on the agenda is Renaissance.

Mr. Terpstra stated that they are on the December 2 meeting agenda for Public Hearing and are here tonight to answer any questions the board may have.

Mr. Terpstra reviewed what has been approved and stated that they are going to try and squeeze a lot in there, demonstrating on a map on the viewing screen. Mr. Terpstra further stated that when this is done, it will look very similar to what is on the other side of Villagio Way.

Mr. Forbes asked what they came up with for the cul-de-sac radius on Claremont. Mr. Terpstra responded that he gave the truck models that he got from Mr. Kil to his engineers and told them that there has to be ample swing room for those plows. Mr. Kraus advised that the radius for a cul-de-sac was based on fire trucks and emergency vehicles being able to make that turn, regardless if it is an offset or a standard cul-de-sac.

Mr. Terpstra asked Mr. Kraus if he had the dimensions. Mr. Kraus responded that it is in the Subdivision Control Ordinance.

Mr. Nietzel asked if storm sewers would need to be run along the north border. Mr. Terpstra responded that the north boundary already has the infrastructure installed.

D. EDEN’S COVE – Request Permission to Advertise for Zone Change from R-1 to R-2 – (Petitioner: Dave Spoolstra)
Mr. Forbes advised that the next item on the agenda is Eden’s Cove.

Mr. Dwayne Gillian with V3 Companies stated that he and Mr. Tony Strickland are here on Mr. Spoolstra’s behalf. They are here to introduce a small 8-lot subdivision on the northwest corner of Joliet Street and Grasselli Avenue that is currently zoned R-1. Mr. Gillian advised that they would like rezone it to R-2.

Mr. Gillian stated that it would consist of a small cul-de-sac with 7 lots plus a single lot with frontage on Grasselli Avenue.

Mr. Gillian commented that they would need variances for 80-foot lot width and 30-foot front-yard setback. He further commented that there would be a small stormwater-management basin that would eventually let out onto Grasselli Avenue.

Mr. Kraus asked for confirmation that there would be no driveways for the corner lots directly onto Joliet Street. Mr. Gillian responded in the affirmative.

Mr. Kil asked if they are looking for approval of the concept plan to come in for zoning. Mr. Gillian responded that they are looking for whatever the next step is, whether it is zoning or whatever. Mr. Kil advised that the zoning needs to be completed first and that they would want to request to be put on the agenda for December 2 to request permission to advertise for the zone change.

Mr. Forbes asked if there is a reason that the area going to the stormwater basin is so large. Mr. Gillian stated that the stormwater basin hasn’t really been designed yet, and they can make it smaller. Mr. Gillian stated that they wanted to get an overflow route for stormwater out; however, they can make the lot that fronts Grasselli Avenue wider.

E. WINE BAR – Preliminary Discussion – (Petitioner: Nick Georgiou)
Mr. Forbes advised that the next item on the agenda is a wine bar to be located at 9190 Wicker Avenue for preliminary discussion.

Mr. Nick Georgiou with Georgiou & Associates Architects stated that he is here representing the owner, Jackie Ulrich-Meinzer, who is also present. Mr. Georgiou advised that the proposed site is located immediately north of Roger & Son Locksmith and was formerly Meinzer & Babineaux law offices.

Mr. Georgiou stated that the parking would be behind the house; the property is a metes and bounds property and will need to be rezoned as a one-lot subdivision; and that there are developmental issues with the site due to the size of the lot:

Mr. Georgiou explained that one of the issues is that the drainage from the property to the south flows across this property and both that property and this property drains to a detention basin northwest of the property; so they will require a detention waiver allowing them to have surface drainage to flow as it currently does due to the size of the lot. He further explained that they would need a waiver for parking spaces because the parking spaces are only 18 feet deep instead of the required 20 feet

Mr. Georgiou advised that the lot is only 75 feet wide, so they have 7.5-foot side-yard minimum for landscaping. He further advised that he based the minimum parking using the net finished space calculation, and they are over the minimum parking requirement by five spaces.

Mr. Georgiou noted that the garage would be demolished and the whole site would be cleaned up considerably. He also noted that the existing driveway is a shared driveway with the property to the north; it is approximately 30 feet wide with half of that amount being on each property. Mr. Georgiou advised that they would widen their portion for two-way access in and out of the property, but they would be asking to leave the driveway at the lot line as it currently is instead of following the 3-foot setback rule for a driveway.

Mr. Georgiou advised that the property just to the north of them is still zoned residential, and he isn’t sure of the impact it would have with landscaping and fencing, etc. Mr. Georgiou finished by saying that he isn’t sure if some of the variances needed would be Plan Commission or BZA requests so they are presenting this for initial feedback.

Mr. Forbes asked what the maximum patron occupancy would be. Mr. Georgiou responded that it would be probably 30 people on the first floor and another 10-15 people on the second floor, if it is utilized. He added that they are still working on the floor plan.

Mr. Georgiou commented that the project is meant to be an upscale piano bar; there would not be full food service.

Mr. Kil advised that he has gone over the US 41 Overlay District requirements with Mr. Georgiou.

Mr. Forbes stated that he needs to go out and walk the property and will reserve making any comments until after he has done so; however, he would like to see a more complete list of what needs to be done before the next Study Session. Mr. Georgiou agreed to do the same.

F. THE GATES OF ST. JOHN, UNIT 16A – Discussion of Zoning Change – (Petitioner: John Lotton)
Mr. Forbes advised that the next item on the agenda is The Gates of St. John, Unit 16A to discuss a zoning change.

Mr. John Lotton with The Gates of St. John stated that this is land that was previously set aside for additional parking when the intention was to put in a very large church. If a church does go in, it will be significantly smaller; so they are looking to convert from R-1 PUD to R-3 to build duplexes.

Mr. Kil advised that the water tower is to the south, the school is to the north, the treatment plant is to the east, and there are townhouses to the west of this property.

Mr. Lotton advised that the duplexes would likely be built by Dave Spoolstra unless they are incorporated into The Parade of Homes. If so, they would incorporate a couple of the lots for another user and the balance would be built by Dave Spoolstra.

Mr. Forbes asked if there would be a couple of different styles of units. Mr. Lotton responded that Mr. Spoolstra has two different styles, and the one to the far west would be a custom unit that would be designed from the ground up due to the setback and side entrance from the drive.

Mr. Kozel asked what size the lots would be. Mr. Kil responded that the depth of the lots is over 170 feet deep, and the width ranges from 86 feet to 129 feet.

Mr. Forbes stated that they will be added to the December 2 agenda for permission to advertise for Public Hearing.

G. THE GATES OF ST. JOHN, UNIT 10I – Discussion of Zoning Change – (Petitioner: John Lotton)
Mr. Forbes advised that the next item on the agenda is The Gates of St. John, Unit 10I to discuss a zoning change.

(Unit 10H was not an agenda item but Mr. Lotton requested to discuss it first.)

Mr. Lotton stated that he is looking to come to the December meeting for Secondary Plat for 10H, where The Parade of Homes will go. The road is in. There are a few backyard drains to put in; however, all the sanitary water, pavement, and everything else is all installed. The units are single-family homes, and there are no changes to the plan.

Mr. Forbes asked if he is just looking for final plat on that. Mr. Lotton responded in the affirmative.

(Unit 10I)

Mr. Lotton stated that Unit 10I is a part of Unit 10 that is located between Parrish Avenue and McFarland Homes; and he would like to rezone it from R-2 to R-3 to build duplexes there with a variance for 5-foot side-yard setback. They typically have a minimum 6-foot side-yard setback for the R-3 lots in the project; however, for the product that is being proposed, they need to reduce that to 5 feet.

Mr. Forbes asked if the day care center is on the lot just to the south. Mr. Lotton responded in the affirmative.

Mr. Hastings asked if the lots are too tight, because it doesn’t look like there is a lot of space. Mr. Lotton responded that they are 5-foot side-yard setbacks instead of the usual 6-foot side-yard setbacks they have used.

Mr. Kil displayed renderings of what the units will look like on the viewing screen.

Mr. Lotton commented that there are two different front-elevation designs: One will have large, covered front porches; the other will have smaller front porches. The front of the duplexes will be brick with the sides and back being Hardie board or SmartSide, which are upgraded materials.

Mr. Kozel asked if there will be sidewalks on the sides of the duplexes. Mr. Lotton responded in the negative.

Mr. Forbes stated that this will be added to the December 2 agenda as well.

OLD BUSINESS:

None was had.

ADJOURNMENT:

Having no further business before the board, Mr. Forbes adjourned the meeting at 8:16 p.m.

Respectfully Submitted:

Margaret R. Abernathy, Recording Secretary
Transcription of Minutes Only
St. John Plan Commission

12-02-2015 Plan Commission

December 2, 2015 Plan Commission Meeting Minutes

Michael Forbes, President Greg Volk Attorney David Austgen
Steve Hastings, Vice-President   Kenn Kraus
Steve Kozel, Secretary   Steve Kil
Derwin Nietzel    

CALL TO ORDER:

Mr. Michael Forbes called the St. John Plan Commission regular meeting to order on December 2, 2015, at 7:01 p.m.

(The Pledge of Allegiance was said.)

ROLL CALL:

Roll call was taken by Susan E. Wright, Recording Secretary, with the following Commissioners present: Michael Forbes, Steve Kozel, Derwin Nietzel and Greg Volk. Steve Hastings was absent. Staff members present: Kenn Kraus. Steve Kil was present. Attorney David Austgen was present.

APPROVAL OF THE MINUTES: SEPTEMBER 16, 2015 AND NOVEMBER 4, 2015, REGULAR MEETINGS

Mr. Forbes stated that the first item for the Board’s consideration was approval of the minutes of the regular meeting of September 14, 2015 and November 4, 2015. He asked if there were any questions or comments on the meeting minutes. There were no questions or comments.

Mr. Forbes stated he would entertain a motion on the minutes of September 16, 2015 and November 4, 2015. “So moved,” by Mr. Kozel. Mr. Nietzel seconded the motion. The motion was carried by voice vote (4/0). Ayes --- all. Nays --- none.

NEW BUSINESS:

A. HUPPENTHAL/HERMAN/THE PRESERVE --- PUBLIC HEARING FOR PRIMARY SUBDIVISION APPROVAL --- JACK SLAGER.
Mr. Forbes noted the first item under New Business was a public hearing for the Huppenthal/Herman/The Preserve development seeking primary subdivision approval. Mr. Forbes asked Attorney Austgen if the Proofs of Publication were in order. Attorney Austgen noted that it was hard to tell if the Proofs of Publication were in order at the present time, therefore, he advised that any action taken by the Board tonight should be contingent upon review and verification of the Proofs of Publication being in proper order.

Mr. Jack Slager, Schilling Development, appeared before the Board for the Public Hearing seeking primary subdivision approval for the entire. Huppenthal/Herman/The Preserve development. Mr. Slager stated that the Town Council had recently approved the favorable recommendation it had received from the Plan Commission to change the zoning from R-1 to RC-1, residential conservation single family homes.

Mr. Slager stated that he and Mr. Kraus had been exchanging engineering information. He stated that the address issue had been addressed and the only outstanding issue, to his knowledge, were modifications to Lift Station No. 4.

(General discussion ensued.)

Mr. Forbes asked the Board if they had any further questions or comments. There were no more questions or comments. Mr. Forbes opened the public hearing.

PUBLIC HEARING

Vince Tasboni, 9679 White Oak Avenue:
Mr. Tasboni stated his biggest concern is the drainage. He stated he gets drainage from the Muenich subdivision to the north and will get drainage from the proposed subdivision also. He informed the Board that the Bull Run ditch was cleaned out about 30 years ago, and he requested that the Board address the Drainage Board to have it cleaned out again.

Mr. Tasboni stated that the Tasboni family did a traffic flow study on November 24, 2015, from 3:15 p.m. to 6:31p.m. He stated that 925 vehicles passed his house during this time period.

Mr. Tasboni asked for a larger White Oak sign at 93rd and Hilltop.

Joe Hero, 11723 South Oak Ridge Drive:
Mr. Hero directed his query to Mr. Kraus; he asked if a traffic study had been done to ascertain what impact the traffic would have on 93rd Avenue and White Oak when the subdivision is fully developed. Mr. Kraus replied that First Group had done a traffic study.

Mr. Hero noted Mr. Tasboni’s traffic flow numbers; he asked Mr. Kraus what number he would project. Mr. Kraus stated he did not have the report in front of him. Mr. Hero stated Mr. Kraus was the town engineer. Mr. Kraus concurred. Mr. Hero asked Mr. Kraus why he wasn’t prepared to answer questions about the traffic flow.

Mr. Hero asked if the developer was responsible to pay for the upgrades to the lift stations. Mr. Forbes answered, “Lift Station Four, yes.” Mr. Forbes stated the other lift station was a town project. Mr. Hero requested that the Letter of Credit reflect the costs to the Town for the upgrades to all of the lift stations and all of the improvements made to support this subdivision.

Mr. Hero directed his query to Mr. Kraus; he asked where the fire department was located. Mr. Kraus responded that there was a fire station right next door. Mr. Hero asked if a satellite fire station was needed, or if a study had been done to see if more public safety was needed in this area. He noted the Town has grown. Mr. Forbes responded that, according to the Fire Chief, a satellite station is not needed at this time.

Mr. Hero directed his query to Mr. Kraus; he asked if there was a written document stating a satellite fire station is not needed at this time so someone could be held responsible if it proves to be inadequate. Mr. Kraus stated he did not have a document of this nature. Mr. Hero opined that it is important to have a formal study reflecting the response time, and if a satellite fire station is needed it should be part of the project and the land should be donated.

Jim Westerfield, 9125 Cardell
Mr. Westerfield stated in looking at the proposed development, he sees at least another 900 cars if there is an average of two vehicles per home. He stated that the gentleman who did the traffic study is within sight of the proposed subdivision. He stated when you add the vehicles, on a daily basis, from the proposed subdivision to the traffic already on the streets there will be a lot of cars.

Mr. Westerfield stated that a bypass lane on the right-hand side of 93rd Avenue is completely inadequate. He stated he uses 93rd Avenue frequently and the average speed is 45 to 60 m.p.h. He opined that people should slow down. Mr. Westerfield stated he sees trouble; he sees a traffic accident.

Mr. Westerfield also asked about the “subsidies” that the builder has to come up with. He stated the costs of the expansion of the sewer system should be borne by the developer since it is being earmarked for this subdivision.

Mr. Westerfield stated in looking at the subdivision plan, “It’s absolutely disgusting.” He stated the density of the homes is unbelievable and there is not another community around that would allow this type of density of homes to go into any subdivision. Mr. Westerfield stated there is no park in the subdivision and nowhere to put one. He stated the future residents of the subdivision will not be able to go anywhere without getting in their car. Mr. Westerfield added that just a couple of lanes on the right-hand side to pass when someone is making a left-hand turn is completely inadequate.

(Chris unintelligible last name, 10236 Wind Song Lane:
He asked what was going on with the traffic on 101st. He stated that all of the people from Saddle Creek, Silver Leaf and other subdivisions that go to Illinois use 101st. He stated one has to use White Oak and 101st when going to Illinois, and there are no improvements.

Mr. Forbes directed the audience’s attention to the drawing. He indicated that there will be a third ingress/ingress from the subdivision. Mr. Forbes stated that there are improvements on White Oak Avenue. The speaker stated that 101st Avenue is the road that sees an extreme amount of traffic right now. He noted the proposed subdivision butts up against 101st Avenue and there is no work being done to 101st Avenue.

The speaker stated at White Oak and 93rd you are going downhill and he sees drivers jumping out on to 93rd Avenue all of the time. He asked if there was going to be a traffic signal at this location to police the traffic. Mr. Forbes stated he didn’t know about a traffic signal but traffic controls are being looked at.

Mary Lupino, 9430 Hilltop Drive:
Ms. Lupino stated it takes her ten minutes to get off of Hilltop Drive onto 93rd Avenue between the hours of 5:00 to 6:30. She stated that there are no fire lanes, only two lanes of traffic, one going each way. Ms. Lupino stated that there is a lot of traffic in this area going to Crown Point.

Ms. Lupino stated this area is saturated. She stated she cannot make a left-hand turn off of Hilltop; she stated she has to sit there for five to ten minutes. Ms. Lupino stated the Town now wants to put in more homes with only a two lane road to handle the traffic. She asked what was going to be done about traffic. Ms. Lupino stated a third lane is going to have to be added.

Ms. Lupino asked what is going to happen with the fire department, ambulances and police department. She stated if more homes are added traffic is going to be sitting there. Ms. Lupino stated that if anybody needs any help the public safety vehicles will not be able to get through.

Brian Blazak, 9299 Franklin:
Mr. Blazak asked if anyone had considered what will happen at 93rd Avenue and Route 41, which just got fixed a couple of years ago. He stated that Mr. Kil had mentioned at a recent meeting that Route 41 is the State’s responsibility and the Town can’t do anything about it. Mr. Blazak stated that right now on Patterson, Route 41 and 93RD Avenue, during morning and evening rush hours, traffic is backed up to the park. He stated traffic is backed up to the park now and that’s before the 445 more homes are added, before this concentration of homes are added. He asked where these people were going to go and this is even before you consider emergency traffic.

Mr. Blazak noted it was stated in a recent meeting that Route 41 is the State’s responsibility, yet the Town’s ten-year plan reflects the addition of four to six more traffic lights all the way down to Route 231. He asked if the Town could get this done, what is going to be done about the intersection of 93rd and Route 41; he stated this location cannot take any more traffic.

Mr. Blazak stated at another meeting Mr. Kil announced how many streets were paved in Town this year, how the money had run out and how the paving project will commence next year. He stated Schilling Development will put in roads and pavement into the proposed development; he asked who is going to take care of it. He asked how many Town employees will have to be added to take care of just this proposed subdivision alone when it snows. Mr. Blazak stated that the crew the Town has can’t even keep up with the plowing they have now.

Mr. Blazak asked if additional police or fire department personnel would be needed with the addition of this subdivision. He asked who would pay for this additional personnel. Mr. Kil stated when the subdivision is built and as the Town grows another snow plow route will have to be added.

Mr. Blazak stated that at a recent Town Council meeting, the Council approved the purchase of one new truck and snow plow equipment which cost in the neighborhood of $200,000. He asked what would the new truck will handle. Mr. Blazak reiterated that the Town can’t keep up with the snowplowing it has to do now.

Mr. Kil stated as the Town grows, new snow plow routes will be added which would include a truck and a driver. He pointed out as the Town grows the assessed value goes up, and taxes are collected from the new residents. Mr. Blazak stated he was very aware that new taxes will be generated; he stated his question is are more fire fighters or police going to be added.

Mr. Kil stated they are contemplating adding one more firefighter/paramedic now. He stated that the police and fire departments are reviewed on an annual basis and the Town’s needs are reviewed. Mr. Blazak stated the Town will need additional police and fire protection in the next ten years. He stated the Preserves subdivision alone is going to need more public service due to its size. Mr. Kil stated the proposed subdivision is comparable in size to the Lake Hills subdivision.

Mr. Blazak stated Mr. Kil had told him at a development meeting that, eventually, the Town is going to add a third lane to 93rd Avenue to Bramblewood. Mr. Kil cautioned that the right of way acquisition is extremely expensive. Mr. Blazak asked if this was still going to happen. Mr. Kil stated most likely, eventually the addition will happen.

(General discussion ensued.)

Mr. Blazak asked what eventually meant. A year? When the Preserves development is started? Five years from now? Ten years from now? He stated the traffic is going to start when the subdivision starts getting occupied. Mr. Kil stated the entrance from the proposed subdivision onto 93rd won’t be finished for quite some time. He stated that the developer is going to start at the south end which will put the traffic at White Oak and 93rd. He stated this may warrant placing a four-way stop at 93rd and White Oak, which would slow down traffic on 93rd and allow vehicles to enter and exit White Oak Avenue.

Mr. Blazak asked Mr. Kil if he realized what a traffic nightmare a three-way stop would create. Mr. Kil stated the responsible thing to do would be to look at placing the stop signs at 93rd and White Oak. Mr. Blazak responded it is not the responsible thing to do when you consider the nightmare it will create for the people who take this route.

Mr. Blazak stated his neighbor across the street has to leave for work five minutes earlier now in order to get out of her own driveway onto 93rd Avenue. Mr. Blazak asked if adding another 1200 cars to the traffic is the responsible thing to do. Mr. Kil stated the responsible thing to do would be to look at roadway improvements. Mr. Blazak stated that a three-way stop today, tomorrow or five years from now is not a prudent decision.

Mr. Kil stated that this may not happen this quick.

Mr. Blazak asked Mr. Kil if he was telling him “It’s basically going to be a nightmare, but who cares?” Mr. Kil stated that there are a lot of improvements that Schilling Development is going to be making to 93rd Avenue and White Oak. Mr. Blazak asked what the improvments would be. Mr. Kil stated that there will be designated left-turn lanes, accel/decal lanes and through traffic is still going to be able to move freely.

Mr. Kil explained that when INDOT redid the intersection of 93rd Avenue and Route 41, they started the project when he was fifteen years old and completed it when his son was 15 years old. He stated this is how fast INDOT moves.

Mr. Blazak stated St. John is going to become like Naperville; he said you can’t move around Naperville in a car. He reiterated St. John is going to turn into Naperville if the Town does not get a handle on the traffic situation from the get-go.

Mr. Kil stated that the traffic signals will be reviewed and evaluated by INDOT at the time development approaches.

Mr. Blazak stated that the Town has a traffic problem now at 93rd Avenue and White Oak. He asked about the subdivisions surrounding 93rd that have to feed into this road. Mr. Blazak stated the public hearing is being held so that people can express their points of view. He stated that the Town cannot do something of this magnitude and not say “We’re going to do this for you.” Mr. Blazak stated the Town should be doing something to enable the residents to move freely around their Town.

Mr. Blazak reiterated residents of Town should be able to more freely about Town. He stated that so far the Town has given the residents no reassurance that they will be able to get around town, when leaving their home or returning home.

Mr. Blazak concluded by saying, “It’s unbelievable, absolutely unbelievable.”

Richard Kurzyelo, 10052 Olcott:
Mr. Kurzyelo stated he is new to St. John, going into his fourth year as a resident, and Illinois transplant. He stated he probably sees 900 vehicles per day go by his residence. Mr. Kurzyelo stated he wished he had known this because he would have picked another spot to live.

Mr. Kurzyelo described the route he takes to work in Chicago. He stated coming into St. John near Wellington subdivision, sometimes he is about the fifteenth vehicle from the stop sign. Mr. Kurzyelo stated he travels approximately 40 minutes and half of that time is spent getting in and out of the Town of St. John.

Mr. Kurzyelo stated he is all about growth and thinks it’s fantastic. He stated he agreed with the other residents who spoke about the traffic, something needs to be done to alleviate the traffic. Mr. Kurzyelo stated he loves the Town of St. John and the traffic situation is his only complaint.

Mr. Kurzyelo stated that he believes the Schilling development should put in a park at the new development.

Jeanne Degrahe, 14310 West 101st:
Ms. Degrahe stated she would “second” what the previous speaker had said. She stated that the other subdivision that Schilling Development is building between 101st and 109th and Calumet will also feed into the traffic at 101st. Ms. Degrahe stated she has to wait to get out of her driveway in the morning and again wait to get into her driveway when she comes home from work because she lives on 101st. She stated if the Greystone subdivision is developed, it will add significantly more traffic to 101st.

Jerry Swets, 9490 Joliet:
Mr. Swets stated that he had attended the last Board meeting and at that time he stated the group on Joliet Street was going to keep their eyes on the Board to kind of hold the Board’s feet to the fire to do their job right. Mr. Swets stated he heard all of the residents talking tonight about one thing, traffic.

Mr. Swets noted that Mr. Forbes, Board President, had probably been in office for over a decade. He stated it appears that the Town is growing but the roads are not. Mr. Swets stated the roads and traffic appear to be the biggest complaint. He stated growth is wonderful and a lot of people want to move to St. John.

Mr. Swets stated he was worried that there might not be enough residents present to keep the Board “on task.” He stated with all of residents present tonight and the problems with traffic, the Board is making it very easy for them to build an organization to keep them accountable. Mr. Swets put the Board on notice that they are going to build an organization (PAC). He invited any resident who has any issue with the Town, traffic or otherwise, to see him after the meeting.

Martha Gard, 9418 Hilltop Drive:
Ms. Gard stated she lives one street east of White Oak. She stated she has lived in St. John for five years and traffic has grown since she moved in. She stated on her way to the meeting tonight she was the fifteenth vehicle in line to make a right turn at the stop sign. Ms. Gard stated she is objecting “to all of this” until the Town figures out what they are going to do traffic-wise. Ms. Gard asked, in the event the subdivision goes in, what the Town is going to do about all of the construction traffic?

John Schafer, 14290 West 94th Avenue:
Mr. Schafer asked if any of the land being developed encroached in the flood plain. Mr. Kraus responded that there are flood plains along Bull Run ditch.

Mr. Schafer asked if there would be any expansion of the flood plains. Mr. Kraus stated that there would be no improvements that encroach into the flood plain. There was more discussion about the flood plain.

Mr. Schafer asked if the development agreement had already been drafted. Mr. Kil stated there is no development agreement, the matter is handled at the Plan Commission.

Mr. Schafer asked how matters are enforced and how the Town makes the developer adhere to their plan. Mr. Kil explained that the Petitioner is seeking primary approval tonight; he stated between primary and final approval the developer has to put in all of the required improvements. He stated that if all of the required improvements are not finished at the time the developer seeks final plat approval, they must post a letter of credit for the cost of the unfinished improvements.

A development agreement was further discussed.

Mr. Schafer stated there was much concern voiced about the traffic. He asked if the Town could enter into a development agreement with the developer that would require the developer to do a traffic study after each phase of the development was completed.

Mr. Schafer also wondered if 93rd Avenue was widened, where all of the storm water would go. Mr. Schafer asked if the developer could provide compensatory storage for the storm water if and when 93rd Avenue was widened.

Mr. Schafer stated since the developer was putting in the project it would seem feasible that the developer would have to pay for various impact studies to be done.

Jody Eggert 9695 Julia:
She asked if the development would affect the Kolling and Clark schools and if there would be redistricting. Mr. Forbes responded that any changes would be solely the school’s jurisdiction and the Board had no input in this matter. Mr. Forbes recommended that Ms. Eggert take this matter up with the school.

Joe Hero, 11723 South Oak Ridge Drive:
Mr. Hero stated after listening to all of the concerns of the residents tonight, it shows that there has been inadequate preparation to grant primary approval to the subdivision. He stated once the subdivision is given primary approval and the developer complies with the primary approval set forth by the Board, there will be no changes that can happen if the developer complies.

Mr. Hero stated that the Board has heard all of the concerns voiced about traffic, public safety and parks. He recommended the Board table this matter tonight and come back and address all of the concerns the public has raised. He stated, “They are the voice of St. John.”

Mr. Hero stated that the Town of St. John has tied into the “Lake County 911 situation.” He stated without having a fire station in this area, and adding all of the traffic, he could tell the Board from personal experience, he called 911 and it took them six minutes to transmit the call to the officer that he was standing right in front of. Mr. Hero stated that a six minute delay is not acceptable.

Mr. Hero stated years ago he was a volunteer fireman. He stated that the Town cannot have a six minute delay and not have a fire station near this development. Mr. Hero stated the Board heard that it is impossible to get through this traffic. He stated that the people of St. John do not understand the Lake County 911 system and how it affects them. Mr. Hero stated this system will affect every subdivision that comes into St. John. He stated as long as the arteries are clogged, neither the fire department nor the EMTs are going to get where they need to go.

Mr. Hero stated a six minute delay is unacceptable not having solved the traffic issues. He stated public safety is at risk if the Board approves the Preserves subdivision. Mr. Hero stated the Board needs to table this matter and address all of the issues brought up tonight.

Paul Panczuk, 8410 Magnolia Street:
Mr. Panczyk stated growth is inevitable and if done properly, can be acceptable. Mr. Panczuk stated he would like to address the traffic, which is what almost everyone focused on. He stated the concerns voiced tonight over traffic should be the impetus to analyze the traffic situation. Mr. Panczuk stated that the traffic should be analyzed from every aspect.

Mr. Panczyk state putting the turning lanes in probably won’t cut it. He stated that there are several subdivisions crossing west on 93rd Avenue and 101st Avenue. Mr. Panczuk noted this has been a long standing problem that did not just crop up with the proposed subdivision, and it doesn’t seem prudent to add to it.

Mr. Panczuk stated he agreed with the gentleman who spoke before him, that this matter needs to be studied carefully because 93rd and 101st are going to be impassable. He stated The Preserve and other developments coming before the Board should be reviewed carefully and a study done. Mr. Panczuk stated as developments are put in, there should be an action plan to redevelop the 93rd and 101st Avenues as they go along.

Mr. Forbes called for additional public comment. There was no further public comment. Mr. Forbes closed the public hearing and brought the matter back before the Board.

Mr. Volk asked Mr. Slager for the conclusions and recommendations of the traffic study.

Mr. Slager stated he would address the traffic concerns as well as a few other points that were brought up. He stated from looking at the drawings, there is a lot there as far as density of the homes. Mr. Slager stated the developer has stated repeatedly that this is a ten-year project. He stated that the plan is to build 40-50 homes per year. Mr. Slager stated if the developer came in every year proposing to build 40-50 homes, it wouldn’t garner this much attention.

Mr. Slager stated the density of this subdivision is 430 lots spread over 319 acres or 1.39 units per acre. He stated Lake Hills density is 1.4, Schilton Hills, 1.7, Renaissance, 1.8, Mill Creek, 2.2 and Silver Leaf, 3.0. He stated the Preserve is one of the lowest density developments in Town because of all the open space, flood plains, wet lands and wooded areas that the developer is going to preserve.

Mr. Slager stated several people mentioned a park. He stated that a park is planned but is not shown in the drawing tonight. Mr. Slager stated the park will be reflected in a revised drawing. He stated in addition to the park the developer is installing, at their expense, a bike/walking path all along White Oak and 93rd Avenues, which will ultimately tie into the Town’s bike/walking path system.

Mr. Slager stated a gentleman mentioned the eventual widening of 93rd Avenue and the ability to handle storm water. He stated there are existing detention ponds that were built years ago along with the Schilton Hill development, all on the south side of 93rd Avenue, so there is excess capacity and additional room there for even more capacity. Mr. Slager stated this area would be available at some point in the future if there was a need for additional detention.

Mr. Slager acknowledged that traffic is a problem in St. John. He stated that the development will add more cars. Mr. Slager stated that the developer is doing what they can on the borders of their property. He stated the developer wants to improve the intersection of 93rd and White Oak Avenues immediately and before the development is done. He stated the improvements should improve the situation in this area for everybody.

Mr. Slager referred to Mr. Kil’s earlier statements on the additional tax base, and the taxes generated from these homes will eventually provide additional fire/police public safety services, and additional traffic improvements as they are warranted.

Mr. Volk asked, again, about the traffic report and its recommendations. Mr. Slager stated the developer did not do a traffic study. Mr. Kil stated that the traffic study is one of the things they are waiting for from the traffic engineer.

Mr. Kil stated that the traffic study is not focusing on this development alone, but is looking at the town as a whole. In order to focus on the development, Mr. Kil stated they would have to direct the traffic engineer to specifically look at the impact of this development and the surrounding roads. The forthcoming traffic study is for the town as a whole.

Mr. Forbes asked if there were any other comments from the Board.

(Unidentified audience member speaks out.)

Mr. Forbes told the speaker that the floor was closed to public comment.

Mr. Forbes stated he would entertain a motion. Mr. Kozel made a motion to grant primary subdivision approval and incorporate the findings of fact by reference.

Mr. Forbes asked for a second.... The motion died for lack of a second.

(Audience applauds.)

Mr. Forbes asked for a motion to move this item to the next study session. “So moved,” by Mr. Kozel. Mr. Volk seconded the motion. The motion was unanimously carried by voice vote (4/0). Ayes --- all. Nays --- none.

B. GREYTONE – PUBLIC HEARING FOR REZONING FROM R-2 AND B-3 TO R-2, C-1 AND R-3 PUD --- JACK SLAGER.
Mr. Forbes noted the next item on the agenda was a public hearing for Greystone for rezoning from R-2 and B-3 to R-2, C-1 and R-3 PUD. Mr. Jack Slager, Schilling Development, was present for the public hearing seeking a rezone for Greystone.

Attorney Austgen stated he had just been handed the notifications. He recommended that any action taken by the Board tonight on this matter be contingent upon the review and verification of the legal notices.

Mr. Slager stated that the Petitioner is asking for a rezone of 112 acres known as Greystone, formerly known as the Schulte farm. He stated the parcel is located one-half mile south of 101st on both sides of Calumet Avenue. He stated this property was annexed into the Town several years back and was hastily zoned R-2 and B-3 along Calumet.

Mr. Slager stated the developer is proposing a PUD for the entire parcel, some duplexes, cottage homes and a single family development with some commercial buildings along Calumet Avenue. He stated that the map that was being shown on the media screen reflects the current zoning and the proposed zoning. Mr. Slager stated this development has been discussed for the past several months, and tonight the developer is specifically requesting a rezone.

Mr. Forbes asked the Board if they had any questions. Mr. Volk stated that the Town’s goal is to have no more than eight percent multifamily units within the Town. Mr. Volk stated that multifamily units now stand at approximately seven percent not including this proposed development and some multifamily planned for the Gates of St. John. He stated if this proposal is granted and in the event the Gates of St. John’s multifamily is approved, the figure for multifamily units in Town will still be below eight percent.

Mr. Slager stated one of the reasons the developer requested R-3 PUD is for the cottage homes. He stated there has been demand for smaller homes on smaller lots. He stated the developer built cottage homes in Weston Ridge and there is a continuing demand for the same. Mr. Slager stated the R-3 PUD will allow the developer to build cottage homes, which are essentially single family homes.

(General discussion ensued.)

Mr. Slager stated the proposed cottage homes are very similar to what was built in Weston Ridge.

(Unidentified audience member demands drawings be shown to the public.)

Mr. Forbes opened the public hearing. He asked audience members to state their name and address for the record if they had a comment.

PUBLIC HEARING

Joe Hero, 11723 South Oak Ridge Drive:
Mr. Hero stated he has no complaints about what the Schillings do because when they build something it’s always nice. He stated he complains when the Town rezones something to R-3, something that will be coming up again in subsequent developments.

Mr. Hero stated that St. John is based on single family homes, whether R-1 or R-2. He stated he is remonstrating against R-3, multifamily. He opined that R-3 depreciates the value for every person who has built a home in St. John. Mr. Hero stated the other issue with R-3 zoning is that it is spot zoning. He stated the Town has a Master Plan and a zoning map and adopted zoning. Mr. Hero stated he objects to R-3 zoning because it is spot zoning.

Paul Panczyk, 8410 Magnolia Street:
Mr. Panczyk objected to the downgrade in zoning regardless of the percentage. He stated he was present at the Comprehensive Plan meeting and he didn’t hear one resident say they wanted eight percent multifamily. He stated the consensus of the residents was “no multifamily.” Mr. Panczyk stated “All of the public comment that Mr. Kil collected was pretty much concurrent with that.” Mr. Panczyk stated that some multifamily is provided in the current zoning as it exists. He stated he concurred with the last gentleman who spoke in that the zoning should not be downgraded and that the current status quo should be maintained.

Mr. Panczyk stated the second issue that plays into the proposed development is the traffic issue. He stated since there are traffic issues on 101st Avenue, he doesn’t believe the Town should change to zoning that would increase density in any way, shape or form. Mr. Panczuk opined this would be irresponsible.

Chris Lafan, (address unintelligible):
Mr. Lafan asked Hanover Township school system knows that the Town is going to increase the residents in this area. He asked if the schools are adequate to handle an increase in students. Mr. Forbes responded, “Yes.” Mr. Forbes stated the schools are adequate and looking for more students.

(General discussion ensued.)

Mr. Volk stated the growth rate is in decline right now.

Jim Westerfield, 9125 Cardel:
Mr. Westerfield stated he was going to harp on the traffic again. He stated he finds it incredible that the city management would consider any kind of development without a traffic study. Mr. Westerfield stated a speaker had likened St. John traffic to Naperville’s; he stated St. John is not there yet. Mr. Westfield stated Naperville is one of the most horrendous places to go during any rush hour on any day of the week. He stated it is horrible getting in and out of Naperville and St. John is quickly becoming that way. He stated for the Town to speak of what it could do or might do in the future if it is warranted at that particular time is completely inadequate.

Mr. Westerfield stated a plan needs to be put in place prior to any subdivisions being added, especially an R-3 subdivision. He stated the Town’s infrastructure is not there to handle growth of this magnitude and more forethought needs to be given to these matters. Mr. Westerfield highly recommended, before any rezoning or subdivisions are granted, a traffic study be done specifically to the areas that being developed.

Mr. Degraw, 14310 W, 101st Avenue:
Mr. Degraw stated when he moved into St. John approximately 20 years ago, the road was gravel from Calumet Avenue to White Oak. He stated about two years after they moved in, a temporary road was put in. Mr. Degraw stated he was told the road was temporary due to all of the construction that was going on with a new development.

Mr. Degraw stated it has been ten or twelve years now since the road has been in and it’s a disaster. He stated the road is full of potholes that get filled in every once in a while. Mr. Degraw stated that it’s going to be a traffic problem. He stated the Town can’t keep up with their streets now and they keep on adding streets into the traffic.

He stated the Town needs to take care of its streets.

Mr. Forbes called for additional public comment. There was no further public comment. Mr. Forbes closed the public hearing and brought the matter back before the Board.

Mr. Forbes stated he would entertain a motion for a favorable/unfavorable or no recommendation to the Town Council. Mr. Volk made a motion to send a favorable recommendation for a zone change for Greystone to the Town Council and incorporated the findings of fact, by reference, into the motion. Mr. Kozel seconded the motion. The motion was unanimously carried by voice vote (4/0). Ayes --- all. Nays --- none.

C. RENAISSANCE --- PUBLIC HEARING FOR PRIMARY SUBDIVISION APPROVAL --- DOUG TERPSTRA.

Mr. Forbes noted the next item on the agenda was a public hearing for Renaissance, Unit 7, seeking primary subdivision approval. Mr. Doug Terpstra was present on behalf Wyngate in the Renaissance development.

Mr. Terpstra stated that this addition consists of the final and last phase of in the Renaissance at Rose Gate consisting of 21 lots. He noted the parcel he was seeking primary plat approval for is reflected in the drawing up on the media screen. He indicated the highlighted area, stating it is located on the very west end and runs along 101st Street [sic].

Mr. Terpstra stated the very west end of the parcel is where Claremont Avenue comes in. He stated Parrish Avenue has been redirected. Mr. Terpstra stated there will be a third entrance that will go right off of Parrish and come into the subdivision and then up to West 97th Place. He stated the concerns mentioned at the study session, were the lot lines, specifically against the older subdivisions, part Claremont, part Renaissance.

Mr. Terpstra explained that he is trying to add a lot into the subdivision. He stated the lot fits all of the requirements for what the subdivision is zoned for. Mr. Terpstra stated the lots are larger than most of the lots in the subdivision and he is trying to squeeze another lot in a certain area (indicating on map.)

Mr. Terpstra indicated on the map the parcels that were approved and their existing lot lines. He stated he went from having 100 foot lots down to 86 foot lots. He indicated on the map “They were squeezed a little bit more so we could fit another lot in here and try and maximize what they are doing.” Mr. Terpstra stated the reason this is being done is because there are additional issues to be addressed to finish the subdivision.

Mr. Terpstra stated Claremont Avenue will become a cul de sac so there will be no traffic onto 101st. He stated it is only a block or so from Parrish Avenue, which would create a problem for traffic flow. He stated there will be a six foot walking trail in front of the subdivision, which will at some point tie into the Town’s bike/walking trail.

Mr. Terpstra indicated on the map how the lot lines were moved. He stated no houses in the adjacent parcels will have any more homes behind them after his proposal than they did before. Mr. Terpstra indicated on another plat (west of Bellagio and the middle of 97th from east to west) the area he is talking about developing. He stated they’re not changing anything or doing anything different; they’re just trying to maximize the value since they have been out on the site for the past eight years.

Mr. Terpstra stated this site is doing well, but did not take off again until 2013. He reiterated there are only 21 single family lots left. Mr. Terpstra informed the Board that the information he is about to provide them was culled from the Greater Northwest Indiana Realtor Association and the MLS, which are verified numbers. He stated he had copies of this information for anyone who wanted it. Mr. Terpstra cited some statistics for home values in Renaissance for a ten year time frame.

Mr. Terpstra stated that the point he wanted to make by showing the home values is that nobody in the area will be affected by the homes he is proposing to build, they will benefit from it because it will only increase the value of their homes. He stated his proposal is not going to affect anyone adversely.

Mr. Forbes stated Mr. Terpstra mentioned a six foot wide bike trail. He state per the annexation agreement, the bike trail is required to be eight feet wide. Mr. Forbes stated the drawings should be revised to reflect an eight foot wide bike trail.

Mr. Forbes stated he is opposed to squeezing these lots in just because the developer wants them. He stated there is no logic and he does not agree with it.

Mr. Forbes opened the public hearing.

Richard Mizlyn, 9780 Claremont Drive:
Mr. Mizlyn stated he was given a drawing.by Mr. Kil and it does not look the same as what is reflected on the media screen. He referred to Out Lot No.500 and 499. Mr. Mizlyn stated the out lots are supposed to be dedicated to the St. John Park Department. He stated when he first moved into the subdivision, this was supposed to be a park. Mr. Mizlyn stated he is going to be looking at this lot with a fence right out his front window. He stated that facing a fence will not increase his property value.

Mr. Mizlyn asked if the lots were R-1. Mr. Forbes responded, “No, this is not zoned R-1.” Mr. Mizlyn stated he was always told a subdivision was R-1. Mr. Forbes responded, “Not always.” Mr. Forbes stated this parcel was zoned quite a while ago.

(General discussion ensued.)

Mr. Mizlyn asked if anything else is going to change on the drawing. Mr. Kil stated Claremont Drive will be a cul-de-sac. Mr. Mizlyn asked for the old drawing to be put up on the media screen. Mr. Kil told Mr. Mizlyn his residence was right across from Lot 1508.

Mr. Kil explained to Mr. Mizlyn the Petitioner proposing a redesign and is basically seeking permission to put Lot 500 in, north of his residence.

(General discussion ensued.)

Mr. Mizlyn asked in the event this is approved, can they install some landscaping like bushes or a fence, otherwise, he stated his house and two other homes will be facing a fence. Mr. Terpstra stated there will be quite a bit of open space. Mr. Terpstra further explained his proposed layout to Mr. Mizlyn.

Mr. Mizlyn stated he has a row of trees twelve feet high to block the road; he asked if this tree line could be continued further on down Lots 1506 and 1507. Mr. Mizlyn asked if anyone would like to live in a house where you were looking at backyard fence all of the time. Mr. Terpstra stated in the event his proposal is approved he will plant arborvitaes close to what Mr. Mizlyn has across the two lots if the Town gives him permission to put them on their property.

Mr. Mizlyn stated Mr. Terpstra was talking about 400 feet. Mr. Terpstra stated he was talking about 95-100 feet for two houses. Mr. Terpstra stated he did not see a reason for extending the trees beyond this point. Mr. Mizlyn asked Mr. Terpstra for these terms in writing. Mr. Terpstra told Mr. Mizlyn it would be in writing as it was in the public record.

(General discussion ensued.)

Joe Hero, 11723 South Oak Ridge Drive:
Mr. Hero stated he agreed with what Mr. Forbes stated, that the Town should not be shrinking lots to accommodate greed --- or whatever Mr. Forbes termed it. He stated if other work is to be done, the minutes of the meeting is not an agreement. Mr. Hero stated if there has to be an agreement to put shrubs up or anything else it has to be a legal agreement signed by all of the parties including the Town, with the Town having the ability to enforce the agreement. Mr. Hero stated what is said in the minutes of a meeting is not an agreement and it will not be able to be enforced.

Mr. Hero stated for the aforementioned reasons, he does not think the Board should not grant the reduction of the lots.

Unidentified audience member:

She requested when the Board members made motions to speak loud enough for the audience to hear.

Tom Linde, 9531 West 96th Place:
Mr. Linde stated based on what he is seeing on the drawing, he believes he is right above Lots 497 and 498. Mr. Forbes noted that this would put Mr. Linde the fourth house in on 96th Avenue. Mr. Linde concurred.

Mr. Linde asked if the Town is going to cul de sac Claremont. Mr. Forbes explained where Claremont comes out onto Joliet Street will become a cul de sac. Mr. Forbes stated in order to get to Joliet Street, you will have to come down, turn on West 97th Place and turn on Parrish to get to Joliet Street. Mr. Forbes stated that the new Parrish will align with the new Parrish to the south of Joliet Street.

(General discussion ensued.)

Mr. Linde stated he thought he knew what he was looking at but he wasn’t sure how it would affect him. Mr. Kil and Mr. Forbes explained the new layout of Parrish Avenue and the proposed cul de sac on Claremont.

(Audience members asked for this to be shown on the map.)

Mr. Terpstra pointed out on the drawing the new route Mr. Linde would take after Claremont Avenue becomes a cul de sac. Mr. Terpstra stated the new entrance would be a block away.

(Mr. Volk exited the meeting.)

Mr. Linde noted from the back of his house he would see the back of Lot 498’s house, roughly. Mr. Forbes stated he would see the back of Lots 497 and 496.

Richard Mizlyn, 9780 Claremont Drive:
Mr. Mizlyn in looking at all of the lots, he stated he did not see an R-1 lot anywhere. Mr. Forbes responded, “There aren’t any.” Mr. Mizlyn asked if R-2 lots were in his subdivision. Mr. Terpstra stated there were a few, approximately a dozen.

(General discussion ensued.)

Mr. Mizlyn stated he had asked this before, didn’t an R-1 subdivision have to be connected to any subdivision that was R-1. Mr. Forbes stated generally the backyards are used as a break in zoning; he stated typically this is the way it is done. Mr. Forbes stated when this subdivision was platted originally the lots were left large to match or almost match the existing houses. Mr. Mizlyn concurred.

Mr. Forbes stated he does not see any reason to change the lot lines. Mr. Mizlyn responded, “I agree with you one hundred percent.”

Mr. Forbes called for further public comment. There was no further public comment. Mr. Forbes closed the public hearing and brought the matter back before the Board.

Mr. Forbes stated a five minute break would be taken.

(A brief break was taken.)

Mr. Forbes called the meeting back to order. He stated the public hearing had been concluded. Mr. Forbes asked the members of the Board if they had any further questions on this matter. There were no further questions or comments.

Mr. Forbes stated he would entertain a motion on Renaissance, Unit 7. Mr. Terpstra asked if he could make a brief comment. Mr. Forbes granted Mr. Terpstra’s request.

Mr. Terpstra referred to the plat on the media screen. He stated that Lot 500 was already primary approved. He stated everything to the east of 97th was approved when he was all R-1’s or R-2’ above that. Mr. Terpstra stated he would like to have this approved, just change the motion to approve it with 100 foot lots and everything else with it so he could get it done.

Mr. Forbes stated he did not understand Mr. Terpstra’s request. Mr. Terpstra requested that the Board approve the plat only now everything along 97th to the north will be 100 foot lots like it was before. Mr. Kozel remarked, in other words, there will be no change to the original. Mr. Terpstra stated there would be some changes.

Mr. Forbes stated that the Board will be taking action only on the plat that Mr. Terpstra presented to them on this night. He stated it is either accept or reject the plat that Mr. Terpstra had submitted tonight. Mr. Forbes stated he would not make commitments to drawings without actually having seen them. Mr. Forbes stated that Mr. Terpstra has requested consideration of the plat he submitted this evening and that is what the Board would address.

Mr. Forbes asked Mr. Terpstra if he would like to defer this matter. Mr. Terpstra stated he would like to defer it. Mr. Forbes asked for a motion to defer Renaissance, Unit 7. “So moved,” by Mr. Kozel. Mr. Volk seconded the motion.

Unidentified audience member asked what a deferral request was. Attorney Austgen explained that the matter would be postponed until such time that the Petitioner could bring in documents that clearly reflect what is and what isn’t being requested so that the neighbors and Mr. Mizlyn have a really clear understanding of what is going on. Attorney Austgen commented that a lot of time was spent just trying to figure out what was being squeezed.

Attorney Austgen remarked he understood what Mr. Terpstra was intending to do but it wasn’t very clear and was hard to understand. Mr. Forbes concurred. He stated when Mr. Terpstra comes back to the study session he should bring the appropriate documents.

Mr. Forbes stated there was a pending motion and a second. The motion was carried by voice vote (4/0). Ayes --- all. Nayes --- none. Mr. Forbes stated this item would be on the next study session agenda.

D. EDENS COVE --- REQUEST AUTHORIZATION TO ADVERTISE FOR ZONE CHANGE FROM R-1to R-2.
Mr. Forbes noted the next item on the agenda was a request to advertise for a zone change from R-1 to R-2 in Edens Cove. Tony Strickland appeared on behalf of Dave Spoolstra for Edens Cove. Mr. Forbes noted Edens Cove was a small subdivision located at Joliet and Gracelli. Mr. Forbes stated there was discussion on Edens Cove at the study session. He asked the Board members if they had any questions. There were no questions.

Mr. Forbes stated he would entertain a motion to grant authorization for Edens Cove to advertise for a public hearing for zoning change from R-1 to R-2.

Mr. Kozel made a motion to grant permission for Edens Cove to advertise for a public hearing on a zoning change. Mr. Volk seconded the motion. The motion was carried by voice vote (4/0). Ayes --- all. Nays --- none.

E. THE GATES OF ST. JOHN --- UNIT 16A --- REQUEST PERMISSION TO ADVERTISE FOR PUBLIC HEARING --- ZONE CHANGE ROM R-1 PUD TO R-3 DUPLEXES.
Mr. Forbes stated the Gates of St. John, Unit 16A was next on the agenda, requesting permission to advertise for a public hearing for a zone change from R-1 PUD to R-3 duplexes. Mr. John Lotton, Gates of St. John, appeared before the Board with this request.

Mr. Lotton stated he was requesting a zone change on Unit 16A from R-1 to R-3. Mr. Forbes noted this item was also discussed the last study session. He asked the Board members if they had any questions. There were no questions.

Mr. Forbes stated he would entertain a motion to grant permission to advertise for a public hearing. Mr. Kozel made a motion to grant permission to advertise for a public hearing on a zone change from R-1 PUD to R-3 duplexes for the Gates of St. John, Unit 16A. Mr. Nietzel seconded the motion. The motion was carried by voice vote (4/0). Ayes --- all. Nays --- none.

F. THE GATES OF ST. JOHN --- UNIT 10 I --- REQUEST PERMISSION TO ADVERTISE FOR PUBLIC HEARING/ZONE CHANGE FROM R-1 PUD TO R-3 DUPLEXES.
Mr. Forbes stated the Gates of St. John, Unit 10I was next on the agenda, requesting permission to advertise for a public hearing for a zone change from R-1 PUD to R-3 duplexes. Mr. John Lotton, Gates of St. John, appeared before the Board with this request.

Mr. Lotton stated he was requesting a zone change on Unit 10I from R-2 to R-3.

Mr. Forbes stated he would entertain a motion to grant permission to advertise for a public hearing. Mr. Kozel made a motion to grant permission to advertise for a public hearing on a zone change from R-1 PUD to R-3 duplexes for the Gates of St. John, Unit 10I. Mr. Nietzel seconded the motion. The motion was carried by voice vote (4/0). Ayes --- all. Nays --- none.

Mr. Lotton requested a special meeting before the December 16, 2015 study session seeking the secondary plat approval for Unit 10H. He stated this will be the new Parade of Homes for 2016. Mr. Lotton stated all improvements should be in before the special meeting.

Mr. Forbes asked the Board members if they had any issues with a special meeting to be held before the December 16, 2015, study session. The Board members voiced no objections.

Mr. Forbes stated he would entertain a motion to authorize publication for a special Plan Commission meeting to be held on December 16, 2015, before the study session. “So moved,” by Mr. Kozel. Mr. Nietzel seconded the motion. The motion was carried by voice vote (4/0). Ayes --- all. Nays --- none.

PUBLIC COMMENT:

Joe Hero, 11723 South Oak Ridge Drive:
Mr. Hero stated that Three Springs had a letter of credit. He asked: Was this letter of credit was ever exercised or was it enforced? He asked “What’s the story with the letter of credit for Three Springs?”

Mr. Forbes asked for further public comment.

Mr. Hero stated he was asking a question. He asked how much the letter of credit was for? Did they go bankrupt or not? Was there a failure to make sure the letter of credit was active? Invalid? Mr. Forbes stated this was a question Mr. Hero should be asking the Clerk-Treasurer, Ms. Sherry Sury.

Mr. Forbes called for additional public comment. Mr. Hero stated there was a Plan Commission meeting where Mr. Kil said he was responsible along with one of the gentleman up here, and someone else. Mr. Hero stated this is reflected in one of the previous minutes.

Mr. Hero stated that the Town Engineer somehow has to say the work is done. He stated, in the English language, he wants an answer and not an “Are you done, Mr. Hero?” Mr. Hero: What happened with the letter of credit for Three Springs. He asked if someone present could explain to him what happened. Mr. Hero asked if he could assume by the Board’s silence they are afraid to tell him what happened. Mr. Forbes responded, “Never assume.”

Mr. Forbes called for additional public comment.

Mr. Hero stated he asked Mr. Kraus about a traffic study earlier tonight and he referred to some study. He stated then Mr. Kil stated there was never a traffic study done. Mr. Hero: Who is doing the traffic study? Was he misled by the comment of Mr. Kraus or what’s the story on the traffic study for the Town of St. John? Mr. Hero: What is the status and when will it be done? Was Mr. Kraus mistaken or was that a misleading answer? Mr. Hero asked Mr. Kraus if he wanted to say something.

Mr. Forbes asked Mr. Hero if he had any other public comment. Mr. Hero stated he believed these questions deserved to be answered. He stated there are a lot of people present tonight raising the issue of traffic/ traffic study.

Mr. Hero: Is the Gates building a nursing home? Does somebody know that or not? Is there a nursing home under construction out there? Can you explain to me if that is or isn’t? Mr. Volk informed Mr. Hero it was an assisted living facility.

Mr. Hero: When did this construction start? He was informed the building started this year. Mr. Hero asked if the state legislature passed a law that there’s no more nursing homes to be built?

Mr. Forbes informed Mr. Hero that all of the approvals were granted prior to the establishment of the legislation. Mr. Hero: The approvals by the Plan Commission? Mr. Forbes: Yes.

Mr. Hero: But the construction didn’t actually start until after that law was passed, right? Mr. Forbes: No, sir. No, sir. Mr. Hero: When did it start? Mr. Forbes: Prior to the enactment of the legislation. Mr. Hero: Okay. That’s the answer I wanted for the record. Thank you.

Mr. Forbes called for additional public comment.

Tom Parada, 9535 Joliet Street:
Mr. Parada asked if Mr. Kil had anything to show the residents of Joliet Street on the revised Joliet Street plan. Mr. Kil stated he had nothing to show the residents and he wasn’t certain when he would receive it.

Mr. Parada stated that the Board needs to tighten up some loose spots. He stated there is a lot of confusion and a lot of unanswered questions. Mr. Parada stated that the Board should have the idea that the residents are coming to the meetings for one reason, and that is to straighten this stuff up.

Mr. Parada repeated that there is a lot of confusion about a lot of things. He stated he especially enjoyed the three lines in the newspaper this weekend where Mr. Kil said “We never had any idea about taking any homes on Joliet Street.

Mr. Parada asked Mr. Kil: “Why did you ruin my life, then? Oh, you don’t hear me? Why did you ruin my life, then, if you had no intentions, ever, of taking any property on Joliet Street? Can you answer that question for me? ” Mr. Kil responded, “No.”

Mr. Parada asked Mr. Kil if he needed to say it louder. Mr. Kil responded Mr. Parada could do what he wanted. Mr. Parada stridently asked, “Why did you ruin my life for five months, then, if you had no intentions of taking any homes on Joliet Street?”

Mr. Forbes asked for further public comment.

Unidentified Woman:
She stated the Board should do a study of 93rd Avenue before they consider any more homes. She stated she has lived in St. John for 39 years, and she loved it when she moved here when all the farms were around. She stated the only time she got held up is when a farmer was taking in their grain down 93rd Avenue. She stated she travels down 93rd Avenue slower now than she did when she was behind a tractor.

She told the Board that they have not done their job. She stated the Town is looking at putting in all of these homes with no way in or out. She stated this will cost someone their life because ambulances/fire department/police cannot get through.

Mr. Forbes called for additional public comment. There was no further public comment.

ADJOURNMENT:

Mr. Forbes adjourned the meeting.

(The meeting was adjourned at 9:00 p.m.)

A TRUE COPY

_____________________________________
Susan E. Wright, Recording Secretary
St. John Plan Commission

12-16-2015 Plan Commission Special Meeting

December 16, 2015 Plan Commission Special Meeting Minutes

Michael Forbes, President Derwin Nietzel Attorney Dave Austgen
Steve Hastings, Vice-President   Kenn Kraus
Steve Kozel, Secretary   Steve Kil
Tom Redar    

CALL TO ORDER:

Mr. Forbes called the St. John Plan Commission Special Meeting to order on December 16, 2015, at 7:00 p.m.

(The Pledge of Allegiance was recited by all.)

ROLL CALL:

Roll call was taken and the following members were present: Steve Hastings, Steve Kozel, Derwin Nietzel, and Michael Forbes. Staff present: Steve Kil, Kenn Kraus, and Greg Volk, Town Council Liaison.

Absent: Tom Redar and Dave Austgen.

NEW BUSINESS:

A. THE GATES OF ST. JOHN, UNIT 10H – Secondary Plat Approval – (Petitioner: John Lotton)
Mr. Forbes advised that the next item on the agenda is to consider Final Plat approval for The Gates of St. John, Unit 10H.

Mr. John Lotton stated that he is here to request Secondary Plat approval for Pod 10H of The Gates of St. John. Mr. Lotton stated that it is single-family lots and that there are no changes from original Primary Plat; it will be built as designed.

Mr. Forbes read Mr. Kraus’ review letter, which finds that the Developmental Fee for the project is $4,521.59. Said fee should be paid prior to signing the plats.

Mr. Lotton tendered a check to Mr. Forbes in the amount of $4,521.59 for payment of the Developmental Fee for The Gates of St. John, Unit 10H.

Hearing no questions or comments, Mr. Forbes entertained a motion.

Motion to grant Secondary Plat approval for The Gates of St. John, Unit 10H, referencing the Findings of Fact. Seconded by Mr. Hastings. Motion carries 4 ayes to 0 nays.

ADJOURNMENT:

Having no further business before the board, Mr. Forbes adjourned the meeting at 7:08 p.m.

Respectfully Submitted:

Margaret R. Abernathy, Recording Secretary
Transcription of Minutes Only
St. John Plan Commission

12-16-2015 Plan Commission Study Session

December 16, 2015 Plan Commission Meeting Minutes

Michael Forbes, President Derwin Nietzel Attorney Dave Austgen
Steve Hastings, Vice-President   Kenn Kraus
Steve Kozel, Secretary   Steve Kil
Tom Redar    

CALL TO ORDER:

Mr. Forbes called the St. John Plan Commission Study Session Meeting to order on December 16, 2015, at 7:22 p.m.

ROLL CALL:

Roll call was taken and the following members were present: Steve Hastings, Steve Kozel, Derwin Nietzel, and Michael Forbes. Staff present: Steve Kil, Kenn Kraus, and Greg Volk, Town Council Liaison.

Absent: Tom Redar

OLD BUSINESS:

A. THE PRESERVE – Review of Subdivision Plan – (Petitioner: Jack Slager)
Mr. Forbes advised that the next item on the agenda is The Preserve to review the subdivision plan. The petitioner is Mr. Jack Slager.

Mr. Jack Slager with Schilling Development stated that they had their public hearing at the December 2nd meeting, and the motion died for lack of a second and was deferred.

Mr. Slager stated that The Preserve is 432 lots, which was previously rezoned to RC-1. The density is 1.39 units per acre. There are approximately 100 acres of open space that would be preserved wetlands, creeks, floodplains, and woods. There is a dedicated park in the center of the subdivision that is a wooded area. They intend to preserve some of the old trees that were near the old Huppenthal farmstead. There is a sidewalk/bike path/walking path along 93rd Avenue and winding down White Oak Avenue to 101st Avenue. They will also have a 7-foot sidewalk that is required along Waterleaf Drive running east and west through the development.

Mr. Slager stated that they have listened to the public comments that were made at the December 2nd meeting; and to address the traffic concerns for the area, they studied the Town’s Thoroughfare Plan and are prepared to dedicate 50 feet of right-of-way for future road expansion along 93rd Avenue, White Oak Avenue, and 101st Avenue. They are going to provide an access for future residential development to the west. Mr. Slager advised that none of the lots along 93rd Avenue and White Oak Avenue will be allowed to have driveways out to those arterial streets; additionally, they will only have one access point each on White Oak Avenue and 93rd Avenue for entering and exiting the subdivision.

Mr. Slager advised that they are proposing to improve the intersections:

  1. The Waterleaf and White Oak Avenue intersection is the main entrance off of White Oak Avenue and will have a 75-foot taper lane, 150-foot turn lane, and a 75-foot acceleration lane.
  2. The improvements for 93rd Avenue and White Oak Avenue will be completed when they construct the second phase. They would add a left-turn lane on 93rd Avenue to turn south onto White Oak Avenue as well as adding a left-turn lane on White Oak Avenue to turn west onto 93rd Avenue. The intersection would also have a separate right-turn lane onto White Oak Avenue from 93rd Avenue along with a crosswalk for the bike path.
  3. The improvements for the intersection of White Oak Avenue and 101st Avenue include left-turn lanes on both 101st Avenue and White Oak Avenue, with a crosswalk and the bike path at that intersection; all of which would be done in the third phase.
  4. The improvements to the intersection at 93rd Avenue and Monix Drive, which is Tall Grass Trail in the Preserve, will be done in conjunction with the main entrance onto 93rd Avenue in the fourth phase. They will provide a left-turn lane, a right-turn lane, and a through lane on 93rd Avenue in both directions. The intersection will be larger than the current intersection of 93rd Avenue and US 41.

Mr. Slager commented that the proposed intersection improvements address many of the traffic concerns.

General discussion ensued.

Mr. Nietzel asked when the 12-inch water main would be looped. Mr. Slager stated that it would be completed during either the second or third phase.

Mr. Slager stated that they would be coming back in January to continue their public hearing.

B. RENAISSANCE, UNIT 7 – Review of Subdivision Plan – (Petitioner: Doug Terpstra)
Mr. Forbes advised that the next item on the agenda is Renaissance, Unit 7. The petitioner is Mr. Doug Terpstra.

Mr. Doug Terpstra stated that they were here previously for a public hearing, which was deferred. They were attempting to add a couple of extra lots. They have changed directions on that, and this will be Unit 7; however, it is part of the Secondary Plat approved back in 2005 with all its revisions. They will proceed with that and put in the improvements and come in for Secondary Plat on that.

Mr. Terpstra asked for the portion called Unit 8 to be displayed in the viewing screen in the meeting room.

Mr. Terpstra advised that Unit 8 is part of a co-op between the developer and the Town to close off Claremont Avenue. Mr. Torrenga noted that the design will consists of Lots 498-500 and that they would like to come back in and do Primary Plat on that.

Mr. Forbes asked if Lots 499 and 500 face the cul-de-sac. Mr. Terpstra responded in the negative. Mr. Terpstra noted that the lots were shortened up to the original design but wasn’t approved yet due to the acquisition of land, and they are still waiting on some unfinished business on that. When that is handled, they will come back in and seek approval.

Mr. Terpstra stated that they will come in for final plat approval on Unit 7 when all the improvements are in. Weather permitting, they will try to get the underground infrastructure done over the winter and get it to where it is ready for roads and curbs first thing in the spring. Mr. Terpstra explained that everything they have shown on Unit 8 was approved for Secondary Plat except what was delineated; and the reason it was off there was due to the acquisition of the property as well as working out the details on the size of the cul-de-sac and how that was to be done.

C. CHERIES GARDEN DAY CARE – Review of Site Plan – (Petitioner: Cherie Kelly)
Mr. Forbes advised that the next item on the agenda is Cheries Garden Day Care Center, for review of development and Site Plan for the purposes of an addition.

Mr. Tim Kelly stated that he is here with Cherie and that he will be speaking on her behalf as she has a sore throat.

Mr. Kelly advised that they have an existing day care at 10750 Arbor Lane, and they are requesting approval for a proposed addition of about 4000 square feet. Mr. Kelly stated that they own all three lots, and Ms. Kelly has the demand and ability to expand. Mr. Kelly added that the parking would be directly behind the commercial property and not be near the duplexes that are going in.

Mr. Kelly advised that they had met with John Lotton earlier in the day, and he gave his approval for the drawings. He further advised that the State has approved the drawings and that they have met all the state requirements.

Mr. Forbes asked what the size of the addition was. Mr. Kelly responded 4000 square feet, and the existing building is approximately 5000 square feet.

Mr. Volk asked if the play area is an existing play area. Mr. Kelly stated that there is an existing play area and a new play area, and he demonstrated their locations on the map on the viewing screen in the room.

Mr. Volk asked if the parking will stay the same or if it will need reviewed. Mr. Kelly stated that they will be taking out an existing curb and move the parking towards the back of the liquor store. He further stated that the parking is strictly for the employees and that parents will drop off and pick up their children at the door.

Mr. Nietzel asked about the hookup of the utilities. Mr. Kil responded that he and Mr. Kelly have discussed that and that Mr. Kelly will have his architect look at the additional square footage, what will be generated, and the volume of water required to determine if an additional water tap or sewer tap will be needed. Mr. Kil further responded that the determination will affect the fee structure of the permit.

Mr. Kil commented that Mr. Lotton had told him that the plans were to his approval and that the materials and design are like and kind with what is already existing.

D. WINE BAR -- Proposed Development, 9190 Wicker Avenue – (Petitioner: Nick Georgiou)

Mr. Forbes advised that the next item on the agenda is a Wine Bar, review of proposed development plan for proposed addition located at 9190 Wicker Avenue. The petitioner is Mr. Nick Georgiou.

Mr. Georgiou stated that it will not be an addition; it will be a conversion of the existing office building just north of Roger & Son Locksmith. Mr. Georgiou stated that they were here in November with the preliminary sketch approval, and they were asked to come back with a prepared summary of the issues on the site, which have been submitted to Mr. Kil. He further stated that some of them could be grouped into developmental variances, the requirement for a one-lot subdivision, and potential BZA issues.

Mr. Georgiou advised that they are located in the C-2 zoning district as well as the US 41 Overlay District. Mr. Georgiou stated that they are here tonight for comments regarding the issues and if they are okay to move forward or not. Mr. Georgiou noted that the property abuts a residential property to the north.

Mr. Volk asked Mr. Kil if he had a chance to review the information. Mr. Kil responded that he has, that Mr. Georgiou has a lot of hurdles to overcome with this plan, and that he will need a change of use for the property that will require a wider drive and additional parking.

Mr. Kozel asked what the number of parking spaces and occupancy usage are. Mr. Georgiou responded that based on the net square footage, there is approximately 1125 net square feet, requiring about 15 parking spaces; however, they are providing 20 parking spaces including 1 handicap space. Mr. Georgiou noted that the seating capacity on the first floor will be approximately 25 people, but he did not have his calculations with him if they added in the second floor.

Mr. Georgiou commented that one of the issues they have is that there is little area for detention on the site. The sites’ drainage to the south of their property flows through their site and continues to the northwest into the detention pond behind First Financial Bank.

Mr. Forbes asked Mr. Kraus if he has reviewed the parking. Mr. Kraus responded that he has not had a chance to review it as yet.

Mr. Forbes stated that he feels there is insufficient parking and that he has an issue with the ingress and egress to US 41 and is hesitant to put this type of a business in that location based on that entrance and the parking. He further stated that he feels the volume of business will be higher than what is being presented. Mr. Volk concurred.

Discussion ensued.

Mr. Hastings asked if there could be an entrance off of Patterson. Mr. Georgiou stated that he does not know who owns the property to the rear.

Mr. Volk asked what the hours of operation would be. Mr. Georgiou introduced Jackie Ulrich-Meinzer, the property owner. Ms. Ulrich-Meinzer responded that the hours of operation would be from 3:00-11:30 p.m., Tuesday through Sunday.

Ms. Ulrich-Meinzer stated that she envisioned taking all the trees out to the south and having a one-way entry on the north side of the property and a one-way exit on the south side of the property. Mr. Georgiou noted that it would have to circle around the front and have one-way circulation with just one entrance/exit as INDOT is not likely to grant another driveway cut.

Mr. Nietzel stated that he feels the structure is too close to US 41.

Mr. Forbes stated that he would like Mr. Kraus to review the plan and asked Mr. Georgiou to get the maximum occupancy plans to Mr. Kraus for review. Mr. Georgiou agreed to do the same. Mr. Forbes further stated that if a circle drive does get put in, it adds more concrete which will affect the consideration of the drainage waiver.

ADJOURNMENT:

Having no further business before the board, Mr. Forbes adjourned the meeting at 8:18 p.m.

Respectfully Submitted:

Margaret R. Abernathy, Recording Secretary
Transcription of Minutes Only
St. John Plan Commission

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