Meeting Minutes HIGHLAND PLAN COMMISSION Minutes of the Meeting of August 15, 2007 The Highland Plan Commission met in regular session on August 15, 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, Judith Mayer and Daniel Buksa. 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 July 18, 2007 meeting. Hearing none they were approved as posted. ANNOUNCEMENTS: Commissioner Buksa announced that the next Plan Commissioner Study Session will be held on September 5, 2007, at 6: 30 P.M. The next business meeting will be held on September 19, 2007 at 7:00 P.M. Commissioner Buksa stated that due to the resignation of Commission Agler the Plan Commission needs to appoint a member of the Commission to the Board of Zoning Appeals, appoint a new secretary to the Commission and also appoint a member as liaison to the Redevelopment Commission. Commissioner Wszolek moved to nominate Commissioner Martini to the Board of Zoning Appeals motion seconded by Commissioner Mayer. There being no other nominations, Commissioner Wszolek moved to close the nomination and to cast a unanimous vote to appoint Commissioner Martini to the Board of Zoning Appeals. Motion carried by a 6-0 roll call vote. Commissioner Wszolek moved to nominate Commissioner Underkofler as Secretary, motion seconded by Commissioner Mayer. Commissioner Wszolek moved to close nomination, seconded by Commissioner Mayer, motion to close nomination carried unanimously by roll call vote-6-0. Roll call vote to appoint Commissioner Underkofler as Secretary unanimously carried by roll call vote 6-0. Commissioner Underkofler moved to nominate Commissioner Wszolek as liaison to the Redevelopment Commission, motion seconded by Commissioner Martini. Commissioner Underkofler moved to close nominations, seconded by Commissioner Martini and unanimously carried by roll call vote 6-0. Roll call vote to appoint Commissioner Wszolek as liaison to the Redevelopment Commission carried by roll call vote 6-0. Commissioner Buksa stated that the Commission at this time we will move to Docket #2007-06 under Public Hearings, Michael Macuga, 1926 Somerset Dr., Munster Indiana. Mr. Macuga was present and stated that he was before the Commission to request the rezoning of the rear property located at 2907 and 2921 – 45th Street from R1 single Family Residential to B1 Neighborhood Business District for the purpose of supplying parking for business in front. He went on to say that there is current a parking lot located at the rear of 2907 – 45th Street that is now non-conforming due to the R1 Zoning. At the time it was installed parking lots were a permitted use under the Zoning Code, the Zoning Code has since been revised that now does not allow for a parking lot in a R1 Zoned district, he went on to say that he would like to extend the parking area unto the rear property of 2921 – 45th Street and needs the property rezoned to B1 to do so. The reason for the rezoning would be to provide employee and customer parking. Mr. Macuga also pointed out that the current parking lot does not provide enough parking spaces for the current restaurant according to what is required by the Zoning Code. Commissioner Buksa stated that this is a public hearing and asked if the legal notices were in order. Attorney Westland stated that the legal advertisements were in order and the notice signs were placed on the property as required. Commissioner Buksa asked if there were any remonstrators present for or against the petitioner. Mr. Joe Bartok, 9324 Spring Creek Drive stated that the property in question is basically landlocked and would not be able to be constructed as residential and feels that the Commission should consider rezoning the property to B1 to allow for the parking area. There being no other remonstrators present, Commissioner Buksa closed the public hearing to the floor and asked for questions or comments from the member of the Commission. Commissioner Wszolek asked what the depth of the property was that was being considered for rezoning. Mr. Macuga stated that the property was 150 feet deep. Mr. Wszolek went on to say that he has a concern with future building on the front portion of the property with a business that would generate noise due to the residential development adjacent to this property. Mr. Macuga stated since the study session he has changed his plan of constructing an upscale banquet hall because of the concerns of the possible noise that it would generate that was discussed at said study session. He indicated that he is no longer going ahead with that plan. Commissioner Underkofler asked what his plans were now. Mr. Macuga stated that he is currently remodeling the building and will be opening a family restaurant and will be providing an area for outdoor dinning on the east side of the building that will seat approximately 20 patrons this in place of the upscale banquet hall previously planned. Commissioner Martini stated that the Town should look into improving the Noise Ordinance. Commissioner Underkofler asked Attorney Westland that if an amended Ordinance apply to new construction or all businesses. Attorney Westland replied all would have to comply. Commissioner Wszolek felt that the future buildings should be constructed to prevent noise from emulating from the buildings. Commissioner Jones stated that this is a public hearing that the properly advertises for and if noise was a concern of the people on 44th Street where are they? Commissioner Martini stated that he is against putting any conditions on the rezoning regarding noise; there is equipment that can be use to measure the decibels if noise becomes a problem. After a colloquy between Board members in regard to the Noise Ordinance and the rezoning of this property. Commissioner Underkofler moved to make a favorable recommendation to the Town Council to rezone the rear 150 feet of 2907 and 2921 – 45th Street from R1, Single Family Residential to B1, Neighborhood Business District. Motion seconded by Commissioner Martini Commissioner Buksa asked if there were any questions or comments on the motions. Commissioner Wszolek asked if the motion was without conditions. Commissioner Underkofler stated no conditions. There being no further comments or question the motion carried by a 4-2 roll call vote with Commissioners Wszolek and Buksa voting nay. COMMUNICATION: The Commission received communication from Cecile Petro, Director of the Redevelopment Commission and Commissioner Buksa ask Ms. Petro to explain these items to the Commission. Ms. Petro stated that the Commission members received a preliminary redevelopment plan for a Redevelopment Plan for the Highland Acres Redevelopment Area which consist of approximately 19.74 acres located along Indianapolis Blvd and Main Street as shown on page 12 of the document entitled “Redevelopment Plan for the Highland Acres Redevelopment Area”. Ms. Petro asked that the Commission submit their comments to her after their study session of September 5th. Ms. Petro went on to say that this area is currently zoned B-PUD and R2 and the Redevelopment Commission would be asking that the Plan Commission consider rezoning the R2 area to B-PUD. The Commission members also received a Draft of the 2007 Supplement to the Highland Municipal Code, Section 214.180: Redevelopment Area which addresses the Gateway Sub-District, the Corridor Sub-District and the Downtown Sub-District. Ms. Petro asked that the members of the Plan Commission review this document for future comments. OLD BUSINESS: Docket 2007-02, Timothy & Holly Colby, 2704 – 45th Street. Approval of the Findings of Fact for Secondary subdivision approval for a 1 lot subdivision to be located at 2704 – 45th St. Commissioner Wszolek moved to approve the Findings of Fact for Secondary Subdivision approval as presented. Motion seconded by Commissioner Jones and unanimously carried by roll call vote 6-0. Docket #2007-04, Petar & Miroslava Kostur & Sundi & Kabita Bibakar, (K & S Testing) 9715 Kennedy Avenue, Highland. Approval of the Findings of Fact to rezone property located at 9715 Kennedy Avenue from R2 single and Two Family Residential to B1 local Business. Commissioner Wszolek moved to approve the Findings of Fact subject to the word “or” being removed in paragraph 3-A. Motion seconded by Commissioner Underkofler and unanimously carried by roll call vote 6-0. NEW BUSINESS: None. PUBLIC HEARINGS: 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 Underkofler read letter received from Mr. Schuyler requesting to continue the public hearing to the September 19th meeting. Commissioner Underkofler moved to grant BB & S Partners, LLC a public hearing for September 19th with the stipulation that they properly advertise for said hearing and to place them on the September 5th Study Session. Motion seconded by Commissioner Jones and unanimously carried by roll call vote 5-1. Docket 2007-07, McDonald’s USA LLC, One McDonald’s Plaza, Oak Brook, IL. Public hearing for a one lot subdivision to be located at 3904 Ridge Road for the purpose of construction a restaurant with drive through. The docket was granted a public hearing at the July 18th meeting to be held at September meeting. BUSINESS FROM THE FLOOR: Mr. Bartok questioned why the Commission spent so much time discussing the noise ordinance on a request to rezone the property on 45th Street. Mr. Wszolek replied that there was a lot of concern about the amount noise that could affect the neighboring residential property with what could be constructed in the B1 zoned district. ADJOURNMENT: There being no further business to come before the Board, Commissioner Mayer moved to adjourn, motion seconded by Commissioner Jones and unanimously carried by voice vote 6-0. Meeting adjourned at 8:05 P.M. [BACK]