Town of St. John

St. John Indiana - Founded 1837
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March 2, 2016 Plan Commission Minutes

MICHAEL FORBES, PRESIDENTSTEVE KIL
GREGORY VOLK, VICE-PRESIDENTKENN KRAUS
STEVE KOZEL, SECRETARYATTORNEY DAVID AUSTGEN
MUENICH 
JIM MACIEJEWSKI 
JON GILL 
JASON WILLIAMS 
BOB BIRLSON 

CALL TO ORDER:
Mr. Michael Forbes, called to order the March 2, 2016, regular session of the Plan Commission at 7:03 p.m.
(The Pledge of Allegiance was said.)

ROLL CALL:
Recording Secretary, Susan E. Wright, took roll call with the following members present: Michael Forbes, Gregory Volk, Steve Kozel, Jim Maciejewski, John Gill, Bob Birlson and Jason Williams. Mr. Steve Kil, Town Manager was present. Mr. Kenn Kraus, Town Engineer was present. Attorney David Austgen was present.

APPROVAL OF MINUTES:
Mr. Forbes asked for a motion to defer the meeting minutes. “So moved,” by Mr. Kozel. Mr. Volk seconded the motion. The motion was carried by voice vote (6/0). Aye --- all. Nays --- none. Ayes --- all. Nays --- none.

A. GATES OF ST. JOHN --- UNIT 10-I
PUBLIC HEARING --- JOHN LOTTON.

Mr. John Lotton, developer, Gates of St. John, appeared before the Board seeking primary plat approval for Unit 10-I. He stated that he had forwarded the layout of the parcel to Mr. Kil. Mr. Lotton pointed out the Arbor Lane location on the media screen.

Mr. Lotton stated Unit 10-I would be a 12-lot parcel designated for all brick duplexes. He stated that the developer has decided to go all brick with the units being eight-foot brick all the way around. Mr. Lotton stated that these duplexes will have a slightly higher finish on the exterior than the ones he is currently putting up.

Mr. Lotton stated that these duplexes will have porches on the front, the roofs will be steeper than the existing duplexes to the east. He estimated the square footage on the proposed units to be between 1800-2000 square feet. Mr. Lotton stated that the McFarland duplexes are around 1600 square feet.

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

PUBLIC HEARING

Burnell Penny, 10706 Maple Lane
Mr. Penny asked the developer if there would be a homeowner’s association involved with this project. Mr. Lotton acknowledged that there would be a homeowner’s association.

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 referred to a letter from Mr. Kraus which indicated that the primary plat had been reviewed with the following comments: The engineering plans have not been changed since the original plan prepared by V-3 in 2005 and revised by Torrenga in 2012. No re-review of those plans was required, construction of the required public infrastructure has been completed at the time of this review. The reason a new primary plat needs to be approved is that some of the lot lines have been revised. The plat was found to be satisfactory except for the side yard dimension should be seven-foot not six.”

Mr. Forbes stated that the Board had discussed with Mr. Lotton that there would be seven-foot side yards. Mr. Lotton concurred. He explained that the seven-foot side yards would be inked in to reflect seven-foot side yards. Mr. Kil stated that the final plat should reflect the seven-foot side yards. Mr. Forbes stated that the mylar(s) would not be signed until all was in order.

Mr. Forbes asked the Board if they had any further questions.

(General discussion ensued.)

Mr. Forbes stated he would entertain a motion. Mr. Kozel made a motion to grant primary subdivision approval for the Gates of St. John, Unit 10-I, incorporating the findings of fact by reference. Mr. Volk seconded the motion. The motion was carried unanimously by voice vote (7/0). Ayes --- all. Nays --- none.

Mr. Lotton made a request that the Plan Commission suspend the rules and grant final plat approval for Gates of St. John, Unit 10-I this evening. He stated he has reviewed everything with Mr. Kraus and the only change on the plat is addressing the seven-foot side yard.

Mr. Forbes acknowledged that the rules have been suspended in the past. He stated that he has before him a letter from Mr. Kraus related to the secondary plat review of Unit 10-I. He stated that the letter reflects that the revised plat has been reviewed and found satisfactory except the side yard dimension should be seven feet and not six feet. Mr. Forbes noted that the letter also reflected the price of the developmental fee for the project at $1,463.80, public improvements have been satisfactorily installed and the as-built drawings have not been submitted.

Mr. Forbes stated that the only hang-up to signing the mylar(s) would be the dimensions need to be changed.

(General discussion ensued.)

Mr. Kil recommended that Mr. Lotton prepare a new final plat with mylar(s) and the Board could be called in to sign off on the same if they are satisfactory. Mr. Lotton had a copy of the revised mylar and a check for the developmental fee in the amount of $1,463.80. Mr. Lotton stated that the as-builts could be done in “No time.”

Mr. Forbes asked if there was a motion to authorize waiving the 30-day waiting requirement between primary plat and final plat approval. Mr. Kozel made a motion to approve the waiver of the 30-day time period. Mr. Volk seconded the motion. The motion was carried by voice vote (6/0/1). Ayes --- six. Nays --- none. Opposed --- one. Mr. Williams was opposed.

Mr. Forbes asked for a motion to grant secondary plat approval to the Gates of St. John, Unit 10-I. Mr. Forbes stated any motion for secondary plat approval would be contingent upon receipt of corrected mylar(s), receipt of as-built drawings and incorporating the findings of fact. Mr. Kozel made a motion to grant secondary plat approval to Gates of St. John, Unit 10-I, incorporate the findings of fact by reference and contingent upon the receipt of the corrected mylar(s) and the as-built drawings. Mr. Volk seconded the motion. The motion was carried by voice vote (6/0/1). Ayes --- six. Nays --- none. Opposed --- one. Mr. Williams was opposed.

B. GREYSTONE --- REQUEST PERMISSION TO ADVERTISE FOR PUBLIC HEARING FOR PRIMARY SUBDIVISION APPROVAL ON APRIL 6, 2016 --- JACK SLAGER.

Mr. Forbes noted the next item on the agenda was Greystone, seeking permission to advertise for a public hearing for primary subdivision approval on April 6, 2016. He noted Mr. Slager’s absence.

Mr. Scott Zajac, Schilling Development, appeared before the Board seeking approval to advertise for primary subdivision approval for the Greystone project. He stated that this project had been discussed at the last study session.

Mr. Forbes stated he would entertain a motion to grant permission to advertise for a public hearing for Greystone. Mr. Kozel made a motion to grant permission to Greystone to advertise for a public hearing on April 6, 2016. Mr. Williams seconded the motion. The motion was unanimously approved by voice vote (6/0). Ayes --- all Nays --- none.

C. ROSEGARDEN --- SECONDARY SUBDIVISION APPROVAL. --- DOUG RETTIG, LAND TECHOLOGIES, REPRESENTATIVE FOR SUBLIME DEVELOPMENT.

Mr. Forbes noted the next item on the agenda is Rose Garden seeking secondary subdivision approval. Mr. Doug Rettig, of Land Technologies appeared before the Board on behalf of Sublime Development, developer for Rose Garden.

Mr. Rettig stated that the project was preliminarily approved last year and all of the improvements are in. He stated that Sublime Development is now seeking final approval for the 10-lot addition to Rose Garden (next to Willow Ridge). Mr. Rettig stated that Mr. Kraus has reviewed the plans and the same were deemed satisfactory.

(General discussion ensued.)

Mr. Forbes noted he had a letter from Mr. Kraus stating “We have reviewed the secondary plat for the referenced project and have the following comments: The subdivision project includes ten residential lots and associated facilities. We have reviewed the revised plat dated February 26, 2016, and find it satisfactory. The developmental fee for this project has not been established. Construction costs information has been requested but not yet received. The developmental fee will be calculated at two percent of the construction costs. All public improvements have been installed but the sanitary sewer testing is not yet complete. As-built drawings have not been submitted to the Town. These items should be completed before the plat is signed for a letter of credit, or a letter of credit be submitted to cover the costs of completing these items. The value of the letter of credit should be $5,000.00.”

Mr. Forbes stated that the letter of credit is for the testing and the as-built drawings. Mr. Kil stated that in lieu of messing with a $5,000.00 letter of credit the as-built drawings should be done and the testing performed. Mr. Forbes stated signature could be withheld on the mylar until these two items were fulfilled.

(General discussion ensued.)

Mr. Rettig agreed with Mr. Kil’s recommendations. He stated he would submit everything at once.

Mr. Forbes asked if there were any questions from the Board members. Mr. Williams asked if this project had been discussed in many previous meetings where the neighbors had a chance to talk about the subdivision. Mr. Forbes informed Mr. Williams that a public hearing had been held on Rose Garden.

(General discussion ensued.)

Mr. Forbes stated he would entertain a motion on Rose Garden for secondary subdivision approval with the following contingencies, withhold signature on mylar(s) until the Town has received the development fee, as-built drawings and sewer testing is completed, and incorporating the findings of fact by reference. Mr. Kozel made a motion to grant final subdivision approval for Rose Garden contingent upon incorporation of the findings of fact by reference, sewer testing is complete and receipt of as-built drawings and developmental fees. Mr. Williams seconded the motion. The motion was carried by voice vote (7/0). Ayes --- all. Nays --- none.

D. CROWN POINT CHRISTIAN SCHOOL --- SITE PLAN APPROVAL --- JACK HULLS.

Mr. Forbes noted the next item on the agenda was the Crown Point Christian School to submit plans for site plan approval. Mr. Jack Hulls, DVG, civil consulting/engineering, Crown Point, Indiana, appeared before the Board on behalf of Crown Point Christian School.

Mr. Hulls stated he also has a personal affiliation with the school in that he served on the school board for a couple of years and was involved in the start of the school in Northwest Indiana. He stated that the school is located in the Gates of St. John, bounded on four sides by roads. Mr. Hulls stated that the existing school has approximately 686 kids enrolled there.

Mr. Hulls pointed out on the media screen the phase of the school that was completed in 2013. He outlined the scope of the proposed addition/improvement. Mr. Hulls stated that the proposed plans include six classrooms, a resource room, closet/storage, rest rooms and a utility room.

Mr. Hulls stated Crown Point Christian School’s request is to make the addition on to the school. He stated that there is room on the site, the addition would be interior to their site, so it would not affect any setbacks. Mr. Hulls stated that the sidewalk that goes around the north side of the building would be rerouted. He stated that all of the utilities would be serviced from the interior of the buildings.

Mr. Hulls stated that the architecture of the building would be identical to what is there. He stated it would be a cohesive aesthetic and it would not even be noticeable that it is an addition. Mr. Hulls stated that the building is all masonry with a hipped roof.

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

(General discussion ensued.)

Mr. Forbes read Mr. Kraus’s letter from Haas & Associates as follows “We have reviewed the site plan for the referenced project and have the following comments, drawings dated February, 2016, are satisfactory. Parking requirements are not affected by the addition of the proposed five classrooms because the special events parking criteria takes precedence and is unaffected by this new addition. The disturbed earth area for this project is approximately 7/10’s of an acre. The storm water pollution prevention plan (SWPPP) fee is $52.50. Since the disturbed area is less than an acre, a submittal to the Indiana Department of Environmental Management (IDEM) will not be required. There are no public improvements associated with this project and as such the site plan review is the minimum fee of $900.00.”

(General discussion ensued.)

Mr. Forbes stated he would entertain a motion on the Crown Point Christian School addition with the following contingency: withhold building permit until such time as Town is in receipt of the SWPPP and developmental fees. “So moved, including the contingencies as noted,” by Mr. Maciejewski. Mr. Volk seconded the motion. The motion was carried unanimously by voice vote (7/0). Ayes --- all. Nays --- none.

E. RENAISSANCE --- UNIT SEVEN --- FINAL PLAT APROVAL --- DOUG TERPSTRA.

Mr. Forbes noted the next item on the agenda was Renaissance, Unit Seven, final plat approval. He stated Attorney Austgen requested this matter be deferred. Attorney Austgen explained that Attorney Muenich had reviewed this matter and there are some legal procedures related to the land swap that are under review.

(General discussion ensued.)

Mr. Terpstra was present. He stated he was hoping to find out what the issues were. Mr. Forbes stated given the discussion that was had, he would entertain a motion to defer Renaissance, Unit Seven. “So moved,” by Mr. Kozel. Mr. Maciejewski seconded the motion. The motion was carried unanimously by voice vote (7/0). Ayes --- all. Nays --- none.

Mr. Forbes stated that he would see Mr. Terpstra at the next meeting. Mr. Kil stated that he would contact Mr. Terpstra in a day or so.

F. TIBERON --- UNIT THREE --- LOT 156 --- REQUEST FOR A CERTIFICATE OF AMENDMENT, REAR YARD EASEMENT REDUCTION --- DAVE WILBERT.

Mr. Forbes noted the next item on the agenda was Tiberon, Unit Three, Lot 156, requesting a Certificate of Amendment for a rear yard easement reduction.

Mr. Adam Wilbert appeared before the Board on behalf of Dave Wilbert. He explained that he was filling in for his father who was in the hospital. Mr. Adam Wilbert requested approval for a partial release of the 35-foot drainage and utility easement. He stated he had letters from Comcast, AT&T and NIPSCO releasing the north 20 feet.

(General discussion ensued.)

Mr. Kil apologized to the Board as he stated he was not aware that Mr. Dave Wilbert was in the hospital. He explained that this is the last lot in Tiberon. Mr. Kil stated that there is a very large rear yard/easement and it precludes them from building a deck or anything else on to the back of their home.

(General discussion ensued.)

Mr. Kil showed the Board the location of the parcel on the media screen. He stated that this lot is right in the middle. Mr. Kil stated that there is a 40-foor rear-yard easement that basically renders the entire back yard useless. He stated that there is no problem in reducing the size of this easement as it is not necessary for the easement to be so large. The Board discussed the sewer location.

Mr. Kil stated, as a rule, the Town will not even consider the reduction of an easement until the utility companies sign off on it. He stated he does not have any issue with the easement reduction as long as the Town has 15 feet.

The sewer, future sewer, force main and sewer route were discussed.

Mr. Forbes stated that as long as there is 15-foot of easement he is okay with the reduction. Mr. Kil directed Mr. Wilbert to have a mylar drawn up and a Certificate of Amendment that actually would reflect the easement size reduction.

Mr. Forbes asked the board if they had any further comments or questions. There were no further questions or comments. Mr. Forbes stated he would entertain a motion regarding Tiberon, Unit 3, Lot 156, for a Certificate of Amendment on the easement reduction. Mr. Kozel made a motion to grant the rear yard easement reduction for Tiberon, Lot 156, Unit 3, upon receipt of the Certificate of Amendment. Mr. Williams seconded the motion. The motion was carried unanimously by voice vote (7/0). Ayes --- all. Nays --- none.

G. 10179 PARRISH AVENUE --- SITE PLAN APPROVAL --- ADDITION TO EXISTING BUILDING --- DALE HUSEMAN.

Mr. Forbes noted 10179 Parrish Avenue was next on the agenda, seeking site plan approval. Mr. Dale Huseman, Petitioner, was present.

Mr. Huseman stated he was seeking approval to put a 60-foot addition on to his existing pole building. Mr. Kil brought this parcel up on the media screen and showed the Board members the location for the proposed addition. Mr. Kil stated that the only reason Mr. Huseman is before the Board is due to the ordinance that requires site plan approval for this addition.

Mr. Forbes asked the Board members if they had any questions or comments.

(General discussion ensued.)

Mr. Huseman informed the Board that the existing building is 42x63 north and south. Mr. Williams asked the Petitioner about the usage of the pole building. Mr. Huseman stated that the building was used for storage for his “stuff.” Mr. Maciejewski asked Petitioner to describe what type of stuff he stores. Mr. Huseman replied, “Whatever I have to put in it. It’s a storage building.”

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

Mr. Forbes stated he would entertain a motion for site plan approval for the addition to the existing building at 10179 Parrish Avenue addition. Mr. Kozel made a motion to grant site plan approval for addition to the existing building at 10179 Parrish Avenue. Mr. Birlson seconded the motion. The motion was carried unanimously by voice vote (7/0). Ayes --- all. Nays --- none.

H. 14350 101ST PLACE --- SITE PLAN APPROVAL FOR A POLE BARN FRANCIS COOPER.

Mr. Forbes stated that the next item for the Board’s review and consideration is site plan approval for a pole barn located at 14350 101st Place. Mr. Francis Cooper appeared before the Board for site plan approval at 14350 101st Place.

Mr. Cooper pointed out his location for the Board on the media screen. Mr. Kil stated that Mr. Cooper uses the pole building for horses. Mr. Kil stated that Mr. Cooper proposed an addition on to the existing barn for horses that are currently stabled on the property. Mr. Kil explained, per the Town’s ordinance, the proposed addition requires site plan approval from the Plan Commission. Mr. Kil stated Mr. Cooper also had to petition for a variance before the Board of Zoning Appeals for a side yard issue.

(General discussion ensued.)

Mr. Cooper stated the proposed addition would be used for storage, tractor, feed, hay and other horse-related materials. He stated that his existing pole barn is 60x30, and he is proposing a 30x50 addition. Mr. Maciejewski added that a public hearing was held before the Board of Zoning Appeals and there were no objections by any of the surrounding property owners.

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

Mr. Forbes stated he would entertain a motion regarding site plan approval for the pole barn at 14350 101st Place. “So moved,” by Mr. Williams. Mr. Volk seconded the motion. The motion was unanimously carried by voice vote. The motion was carried unanimously by voice vote (7/0). Ayes --- all. Nays --- none.

PUBLIC COMMENT:
Mr. Forbes opened the floor to public comment. He called three times for public comment. There was no public comment. He closed the floor to public comment.

ADJOURNMENT:
Mr. Forbes adjourned the meeting.
(The meeting was adjourned at 8:03 p.m.)

A TRUE COPY

SUSAN E. WRIGHT, RECORDING SECRETARY
ST. JOHN PLAN COMMISSION