Meeting Minutes HIGHLAND PLAN COMMISSION Minutes of the Meeting of July 18, 2007 The Highland Plan Commission met in regular session on July 18, 2007 in the meeting room of the Municipal Building, 3333 Ridge Road, Highland, Indiana. The meeting opened at 7:00 P.M. with the Pledge of Allegiance led by Building Commissioner Ken Mika. ROLL CALL: Present on roll call: Commissioners David Jones, Joseph Wszolek, Richard Underkofler, Mario Martini, Tom Agler, and Daniel Buksa. Absent: Judith Mayer. Also present: Attorney David Westland, Plan Commission Attorney; John Phipps, Plan Commission Engineer; and Barbara Knight, Recording Secretary. MINUTES: Commissioner Buksa asked if there were any no deletions, additions or corrections to the minutes of the June 20, 2007 meeting. Hearing none they were approved as posted. ANNOUNCEMENTS: Commissioner Buksa announced that the next Plan Commissioner Study Session will be held on August 1, 2007, at 6: 30 P.M. The next business meeting will be held on August 15, 2007 at 7:00 P.M. COMMUNICATION: None. Commissioner Buksa indicated that he was going to deviate from the agenda and go to the Public Hearing for Docket #2007-03, Northwest Indiana Clinics, Inc. 1630 – 45th Street, Munster, IN 46321. Preliminary hearing to rezone property located at 2424 Ridge Road from R-1, Single Family Residential and R-3 Multi-Family Residential to PB- Professional Business District. Commissioner Agler read letter received from Attorney James Wieser, Attorney for the petitioners, requesting one last deferral of their public hearing to allow him time to prepare additional site plans to present to the Plan Commission. Commissioner Jones moved to remove Docket 2007-03 from the agenda. Motion Seconded by Commissioner Agler. Commissioner Wszolek stated that this in essence means that they are withdrawing and would have to start all over with their request for a public hearing and do the whole presentation as if they have never started in the beginning. Commissioner Buksa stated that was correct. There being no further comments from the members of the Board the motion to removed Docket #2007-03 unanimously carried by roll call vote 6-0. Mr. Mika was instructed to notify the petitioner of the Plan Commissions action. Docket #2007-05, BB & S Partners, LLC, 9004 Indpls. Blvd. Public hearing for a 3 lot subdivision to be located at 2340 – 41st Street to construct three (3) six (6) unit condominiums and also to request to rezone the property from R2 Single and Two Family Residential to R3 Multi-Family Residential. Commissioner Agler read letter received from Mr. Schuyler requesting to continue the public hearing to the August 15th meeting. Commissioner Buksa asked Mr. Mika to clarify the nature to the request to continue this docket. Mr. Mika stated that the notice sign that is part of the public advertisement requirement by state statute for a public hearing was not picked up until the day after it was to be posted. Commissioner Wszolek moved to grant BB & S Partners, LLC a public hearing for August 15 with the stipulation that they properly advertise for said hearing and to place them on the August 1st study session. Motion seconded by Commissioner Underkofler and unanimously carried by roll call vote 6-0. Mr. Mika was instructed to notify the petitioner of the Plan Commissions action. OLD BUSINESS: Docket 2007-02, Timothy & Holly Colby, 2704 – 45th Street. Approval of the Findings of Fact for primary approval and Secondary approval for a 1 lot subdivision to be located at 2704 – 45th St. Commissioner Wszolek moved to approve the Findings of Fact for Primary Subdivision approval. Motion Seconded by Commissioner Jones and unanimously carried by roll call vote 6-0. Commissioner Jones moved to grant Secondary Subdivision approval. Motion Seconded by Commissioner Wszolek. Commissioner Underkofler asked to see the Mylar’s to make sure that the change the Board requested to be made was completed. After review of the Mylar’s and finding them in order the motion to grant secondary approval unanimously carried by roll call vote 6-0. NEW BUSINESS: Michael J. Macuga, 1926 Somerset Drive, Munster, IN. Preliminary hearing to rezone the rear 150 feet of properties located at 2907 and 2921 – 45th street from R1 Single Family Residential to B1 Neighborhood Business District. Ms. Jill Mason was present to represent Mr. Macuga and stated that they were requesting a public hearing to rezone the rear of the properties located at 2907 and 2921 – 45th Street. The reason for the rezoning would be to provide employee and customer parking. She went on to say that Mr. Macuga is going to be opening a Restaurant at 2907 – 45th and will be constructing a future banquet hall at 2921 - 45th Street and the areas to be rezoned would be used for customer and employee parking. Commissioner Buksa asked if there were any questions of comments from the members of the Board. Commissioner Wszolek asked if we had proper documentation to have Ms. Mason represent Mr. Macuga. Mr. Buksa indicated that we did. Commissioner Agler asked how many additional parking spaces were going to be added. Commissioner Wszolek questioned the location of the proposed banquet hall. Ms. Mason stated that their engineer is in the process of putting together the necessary drawings which will show the additional parking spaces and the location of the banquet hall. There being no further comments or questions, Commissioner Wszolek moved to grant Mr. Macuga a public hearing to be held on August 15th and to place him on the study session agenda for August 1st. Motion seconded by Commissioner Agler and unanimously carried by roll call vote 6-0. McDonald’s USA LLC, One McDonald’s Plaza, Oak Brook, IL. Preliminary hearing for a one lot subdivision to be located at 3904 Ridge Road for the purpose of construction a restaurant with drive through. Attorney David Austgen was present to represent the petitioner and stated that they were requesting a public hearing for a one lot subdivision at 3904 Ridge Road which is the former Obie’s property for the purpose of relocating the restaurant which is currently across the street. Commissioner Buksa asked if there were any questions of comments from the members of the Board. Commissioner Buksa asked if Obies was still in operation. Attorney Austgen replied that he was not sure. Commissioner Wszolek asked if they would need any variances. Attorney Austgen replied possibly for signage but at this time was not sure. There being no further comments or questions Commissioner Buksa asked for a motion. Attorney Austgen asked if the motion could be made to either allow for an August or September Public hearing. He stated that the hearing date would depend on when their engineer has the engineering drawings complete. Commissioner Wszolek moved to grant a public hearing for either August or September depending the petitioner’s engineer being ready to present completed drawings. Also to place the petitioner on the study session preceding said public hearing. Motion seconded by Commissioner Martini and unanimously carried by roll call vote 6-0. PUBLIC HEARINGS: Docket #2007-04, Public hearing for Petar & Miroslava Kostur & Sundi & Kabita Bibakar, (K & S Testing) 9715 Kennedy Avenue, Highland. Attorney Mike Muenich was present to represent the petitioners and stated that they were before the Board to rezone property located at 9715 Kennedy Avenue from R2 single and Two Family Residential to B1 local Business. Mr. Muenich presented written zoning commitments which indicated that the property owners are planning to install a 6 foot solid PVC fence along Erie Street and westward along their south property line and westward along the north driveway. They will also move the existing dumpster and screen same along their north property line and all future dumpsters shall be placed within this screened area. He stated that the word generally will be stricken from the first sentence in paragraph 1 of the commitments. The petitioners will treat all four parcels owned by them and depicted on the drawing as Parcels, 1,2,3, and 4 as a single zoning tract as defined by the highland Zoning Ordinance 1126, §214.008, Definitions. The commitment shall be binding upon heirs, successors and assigns of the owner. installing an enclosure for the dumpster. Commissioner Buksa stated that this was a public hearing and asked if the legal notices were in order. Attorney Westland indicated that the legal notices were in order and the notice sign was placed on the property as required by State Statute. Commissioner Buksa then asked if there were any remonstrators for or against the petition. Kathy Fivecoat, 9733 Erie Street stated that she lives east of the property in question and that they currently have 5 different types of fencing including an area with barbed wire. She also stated that they have piles of junk laying all over and they have trucks running at all hours of the day and night. Ms. Stadnik, 9738 Erie Street, commented on the condition of the fencing and that they do not take care of their property. Aaron Straker asked if businesses were to install a 6 foot masonry fence vs. a vinyl fence. Mr. Mika replied that the Zoning Code states that they are required to install a solid fence of either masonry, wood, or plastic (PVC). Commissioner Buksa closed the public hearing and asked for questions or comments from the members of the Board. Commissioner Martini questioned the running of the trucks, it was pointed out that they run for long period of times through out the day and night. Commissioner Underkofler asked Commissioner Jones (who is also the Town’s Code Enforcement Officer) is he had received any complaints on the disrepair of the fence and or property. Commissioner Jones indicated that he has been out on complaints on the dumpsters, but not on the fencing or maintenance of the property. He indicated that he has requested that the property owner relocate the dumpsters, which by the written commitments they indicate that they will be doing. A discussion on the fencing/green screening was held, Commissioner Wszolek took the time to show the remonstrators where the petitioner was planning on installing the fencing in question. Mr. Muenich stated that there is currently a fence along with the screening in place and that if they remove the existing fence they may not be able to replace it in the same location. After further discussion, Commissioner Wszolek moved to make a favorable recommendation to the Town Council to rezone the property as indicated in the legal description from R2 Single and Two Family Residential to B1 local Business, contingent on the Zoning Commitments being redrafted by striking the word “generally” from the first paragraph and add specific language to include that they install a White PVC fence to run along the southeast side of parcel #4.. The purpose of the extension of the fence is to shield abutting residential properties, and to have the Zoning Commitments recorded. Motion seconded by Commissioner Agler and unanimously carried by roll call vote 6-0. BUSINESS FROM THE FLOOR: Mr. Underkofler stated that he was working on the 2007 Strategic Plan and Capital Improvement Program for the Town of Highland, and needed the input from the members of the Plan Commission. Commissioner Martini questioned the figures used in Table #2 and how much could be done in house? Commission Wszolek commented on Table #1. Commissioners Buksa and Agler indicated that they were not in favor of an in house engineer. Mr. Underkofler thanked the members of the Commission for their input. ADJOURNMENT: There being no further business to come before the Board, Commissioner Wszolek moved to adjourn, motion seconded by Commissioner Agler and unanimously carried by voice vote 6-0. Meeting adjourned at 8:09 P.M. [BACK]