Plan Commission 1.12.10 Meeting Minutes - the Town of Winfield
Plan Commission 1.12.10 Meeting Minutes - the Town of Winfield
Plan Commission 1.12.10 Meeting Minutes - the Town of Winfield
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MINUTES<br />
<strong>Plan</strong> <strong>Commission</strong> Public <strong>Meeting</strong><br />
January 12, 2010<br />
The <strong>Winfield</strong> <strong>Plan</strong> <strong>Commission</strong> held <strong>the</strong>ir regularly scheduled meeting on Tuesday, January 12, 2010 at <strong>the</strong><br />
<strong>Winfield</strong> <strong>Town</strong> Hall at approximately 7:30 p.m. Those present: Tony Clark, President; George Walton, Vice<br />
President; Paulette Skinner, Secretary; Gerry Stiener, Al Leach and Michael DeNormandie. Michael Lambert<br />
was absent. Also present, Bill Enslen, <strong>Town</strong> Attorney, Greg Lorig, DLZ, and Lance Ryskamp, Zoning<br />
Administrator.<br />
Organizational Matters: Election <strong>of</strong> President, Vice President and Secretary: Gerry Stiener made a<br />
motion, seconded by Al Leach, to nominate <strong>the</strong> following as <strong>of</strong>ficers for 2010: Tony Clark, President; George<br />
Walton, Vice President; and Paulette Skinner, Secretary. With no fur<strong>the</strong>r nominations <strong>of</strong>fered, Gerry Stiener<br />
made a motion, seconded by Paulette Skinner, to close nominations and elect <strong>the</strong> above-mentioned to <strong>the</strong>ir<br />
respective <strong>of</strong>fices. The motion was approved by a vote <strong>of</strong> 6-0.<br />
<strong>Minutes</strong>: December 8, 2009<br />
Paulette Skinner made a motion, seconded by George Walton, to approve <strong>the</strong> December 9, 2009 minutes, as<br />
presented. The motion was approved by a vote <strong>of</strong> 6-0.<br />
Old Business:<br />
Docket No. 2008-009<br />
Owner: 109 th State Street LLC, 11057 State Street, <strong>Winfield</strong> 46307<br />
Developer: Mitre Kutanovski, 11507 State, <strong>Winfield</strong> IN 46307<br />
Vicinity: 109 th and State Street (south <strong>of</strong> 109 th and west <strong>of</strong> State Street)<br />
Request: For primary approval <strong>of</strong> Falcon Manor Phase 2 with approximately 37 lots. This<br />
development is Medium Density Residential (R-2) Zoning District and contains<br />
approximately 27 acres, more or less.<br />
Al Leach made a motion to continue <strong>the</strong> public hearing until <strong>the</strong> February 9 th meeting. Michael<br />
DeNormandie seconded <strong>the</strong> motion, which was approved 6-0 in a voice vote.<br />
New Business:<br />
Docket No. 2009-008<br />
Owner: DBL Residential, L.P.<br />
Developer: Doubletree Lakes Apartments, LLC<br />
Vicinity: Northwest corner <strong>of</strong> County Line Road and 109 th Avenue<br />
Request: Petition for Zone Change to modify current PDR zoning to develop a 268 unit<br />
multi-family community development, with 244 apartment and 24 townhouse<br />
units on approximately 30.12 acres, more or less.<br />
Jeff Ban addressed <strong>the</strong> <strong>Commission</strong> on behalf <strong>of</strong> <strong>the</strong> petitioners, and introduced <strong>the</strong> o<strong>the</strong>r members <strong>of</strong> <strong>the</strong><br />
development team present. He provided an overview <strong>of</strong> <strong>the</strong> project, which was a petition to modify <strong>the</strong> existing<br />
PDR zoning for Doubletree East along <strong>the</strong> northwest corner <strong>of</strong> 109 th and County Line Road. The modification<br />
was to permit development <strong>of</strong> a 268 unit multi-family community on <strong>the</strong> site. Reviewing <strong>the</strong> history <strong>of</strong> <strong>the</strong><br />
project, Jeff Ban reported that <strong>the</strong> original development plan, containing 336 multi-family units, had been<br />
approved by <strong>the</strong> county in 1996 and remained in place currently.<br />
Jeff Ban <strong>the</strong>n gave <strong>the</strong> <strong>Commission</strong> an overview <strong>of</strong> <strong>the</strong> proposed project, which would contain 244 apartment<br />
and 24 townhouse units. He reviewed <strong>the</strong> utilities that would service <strong>the</strong> site, as well as discussing <strong>the</strong><br />
proposed drainage plan for <strong>the</strong> project. He noted that in addition to reducing <strong>the</strong> number <strong>of</strong> multi-family units,<br />
o<strong>the</strong>r proposed changes to <strong>the</strong> original plan included removing access to <strong>the</strong> site from 109 th , in favor <strong>of</strong> County<br />
Line Road. He also stated that <strong>the</strong> proposed project would not connect with <strong>the</strong> platted street existing on<br />
Doubletree Drive South.
Jeff Ban indicated that future amenities to <strong>the</strong> project would include a clubhouse and a green space water<br />
view. An overview <strong>of</strong> <strong>the</strong> types and styles <strong>of</strong> <strong>the</strong> various multi-family buildings were <strong>the</strong>n reviewed, along with<br />
<strong>the</strong> proposed construction phases <strong>of</strong> <strong>the</strong> project. He indicated that <strong>the</strong> proposal was a $26 million project and<br />
<strong>the</strong> units were projected to rent at a $1 a square foot. Jeff Ban also stated that <strong>the</strong> developers were prepared<br />
to provide additional right-<strong>of</strong>-way to create a dedicated 50 foot right-<strong>of</strong>-way on both 109 th Avenue and County<br />
Line Road.<br />
At <strong>the</strong> close <strong>of</strong> <strong>the</strong> presentation, Attorney Enslen indicated that petitioner’s legal notices were all in order.<br />
Lance Ryskamp provided <strong>the</strong> <strong>Commission</strong> with his staff report, which included a review <strong>of</strong> <strong>the</strong> TAC meeting<br />
held on <strong>the</strong> project. He indicated that his research <strong>of</strong> <strong>the</strong> old county files confirmed that <strong>the</strong> approved plans in<br />
1996 were still current. He informed <strong>the</strong> <strong>Commission</strong> that petitions and correspondence had been filed prior to<br />
<strong>the</strong> meeting, including a petition by <strong>the</strong> “No DBL Apartments Action Committee” and a letter <strong>of</strong> opposition from<br />
<strong>the</strong> Community Manager <strong>of</strong> <strong>the</strong> Lake <strong>of</strong> Four Seasons, Rick Cleveland. In addition, <strong>the</strong>re was a report filed by<br />
Greg DeLor <strong>of</strong> <strong>the</strong> LOFS Fire Department on <strong>the</strong> project.<br />
Attorney Enslen advised <strong>the</strong> <strong>Commission</strong> that both <strong>the</strong> petition, as well as <strong>the</strong> LOFS letter, should be admitted<br />
as part <strong>of</strong> <strong>the</strong> record. He fur<strong>the</strong>r advised that under current Indiana law, property owner associations and adhoc<br />
committees have no legal status to remonstrate on a project, only individuals.<br />
Tony Clark <strong>the</strong>n opened up <strong>the</strong> meeting to questions from <strong>the</strong> audience to <strong>the</strong> petitioners on <strong>the</strong> project. He<br />
asked audience members to sign in with <strong>the</strong>ir name and address for <strong>the</strong> record.<br />
William Teach, 7446 Boardwalk, asked what amenities would be included in <strong>the</strong> first phase <strong>of</strong> construction.<br />
The petitioner indicated that <strong>the</strong>re would be no amenities in <strong>the</strong> first phase.<br />
Frank Martinez, 9180 Doubletree Lane South, asked about whe<strong>the</strong>r <strong>the</strong>re would be a fence around <strong>the</strong><br />
development. Jeff Ban answered that <strong>the</strong>re would not be a fence.<br />
Mike Villa, 7414 E. 109 th Avenue, asked if any <strong>of</strong> <strong>the</strong> rental units would be used as Section 8 housing. Michael<br />
Sakich indicated no, and that <strong>the</strong> monthly rent <strong>of</strong> <strong>the</strong> units would be between $1000 and $1500 a month.<br />
Tim Ormes, 8346 Doubletree Drive, asked who <strong>the</strong> petitioner was. He was informed that it was Doubletree<br />
Lake Apartments, LLC. He fur<strong>the</strong>r asked about <strong>the</strong> location <strong>of</strong> <strong>the</strong> proposed entrance on County Line Road.<br />
Jeff Ban responded that <strong>the</strong> entrance is approximately 500 feet north <strong>of</strong> 109 th Avenue. He asked and Attorney<br />
Enslen answered, questions related to <strong>the</strong> <strong>Plan</strong>ned Development (PD) process. He asked if a traffic study had<br />
been done and he was told that one had not been done to date, but that would come later in <strong>the</strong> process. He<br />
questioned <strong>the</strong> adequacy <strong>of</strong> <strong>the</strong> utilities to service <strong>the</strong> area. He asked if <strong>the</strong> petitioners were willing to stipulate<br />
that none <strong>of</strong> <strong>the</strong> units would ever be used as Section 8 housing. Michael Sakich said that he was not sure he<br />
could legally make that stipulation.<br />
Frank Diehl, 29 South Ventura Blvd., asked whe<strong>the</strong>r <strong>the</strong> additional children who will live in <strong>the</strong> complex will put<br />
an additional strain on <strong>the</strong> schools, fire and police protection.<br />
Mark Gruenhagen, 8751 __________, asked whe<strong>the</strong>r <strong>the</strong> petitioners would be paying Doubletree Association<br />
fees. Michael Sakich responded that <strong>the</strong>y will not be part <strong>of</strong> Doubletree or <strong>the</strong>ir property association.<br />
Bob Herm, 10317 Snead Street, asked who <strong>the</strong> property owner was. He was told it was DBL Residential, L.P.<br />
Steve Mattimire, 8810 E. 109 th Avenue, asked who will improve County Line Road as part <strong>of</strong> this project. Jeff<br />
Ban answered that it would be <strong>the</strong> petitioners who would make <strong>the</strong> improvements.<br />
Tim Ormes, 8340 Doubletree Drive, asked who will be paying for <strong>the</strong> Randolph Street pump station upgrade.<br />
Attorney Enslen indicated that it would be <strong>the</strong> current owners <strong>of</strong> Doubletree.<br />
With no fur<strong>the</strong>r questions presented, Tony Clark asked if <strong>the</strong>re was anyone who wished to remonstrate in favor<br />
<strong>of</strong> <strong>the</strong> project. Hearing none, he <strong>the</strong>n asked if <strong>the</strong>re was anyone who wished to remonstrate in opposition to <strong>the</strong><br />
proposal.
Rick Cleveland, 1048 N. Lake Shore Drive, as <strong>the</strong> LOFS Community Manager, read into <strong>the</strong> record <strong>the</strong> letter<br />
provided to <strong>the</strong> <strong>Commission</strong>, dated January 11, 2010, in opposition <strong>of</strong> <strong>the</strong> project.<br />
Dave Anderson, 10535 Erie Drive spoke in opposition on behalf <strong>of</strong> <strong>the</strong> No DBL Apartments Action Committee.<br />
He indicated that over 300 residents were in opposition to <strong>the</strong> project. He felt that <strong>the</strong> proposed project would<br />
be a long-term problem for <strong>the</strong> town.<br />
Frank Diehl, 29 S. Ventura Blvd., asked who would pay for all <strong>of</strong> <strong>the</strong> improvements and stated that <strong>the</strong> project<br />
would be a big mistake.<br />
Lou Gorgos, 10290 Doubletree Drive South, said he was a Doubletree resident for <strong>the</strong> last 6 months and a<br />
Risk Manager by pr<strong>of</strong>ession. He was concerned as to who would ultimately pay for improvements.<br />
Colleen Hatami, _______________, said she was very active in <strong>the</strong> school system. She was concerned with<br />
<strong>the</strong> possible impact on <strong>the</strong> schools with having a lot <strong>of</strong> families renting for short periods <strong>of</strong> time.<br />
Jeff Kolish, ___________________, works in <strong>the</strong> Valparaiso school system and has seen a negative impact in<br />
his schools since <strong>the</strong>re was an increase in Section 8 housing.<br />
William Bobey, 7391 E. 109 th Avenue, cited Section 156.263 <strong>of</strong> <strong>the</strong> <strong>Winfield</strong> <strong>Town</strong> Code. He also discussed <strong>the</strong><br />
Park Dedication and Open Space ordinances and <strong>the</strong>ir application to this project.<br />
Randy Hall, 8502 Doubletree Drive South, stated that he had been President <strong>of</strong> <strong>the</strong> original Doubletree holding<br />
company who obtained approval for <strong>the</strong> development from <strong>the</strong> county in 1995 and 1996. He stated that <strong>the</strong><br />
approved proposal at that time contained multi-family buildings, but <strong>the</strong>y were to be owned, not rentals.<br />
Tammy Schiessle, 4197 Thornhill, said she was a resident <strong>of</strong> LOFS and she had experienced having a rental<br />
home two doors away. She said that this proposed development will affect <strong>the</strong> neighbors.<br />
Dawn Follmar, 8260 Doubletree Court, said that she had also had a bad experience with renters.<br />
Sharon Bodkin, 8645 Doubletree Drive, said she is very proud <strong>of</strong> <strong>the</strong> Crown Point schools.<br />
Steve Mattimire, 8810 E. 109 th Avenue, stated that he will live <strong>the</strong> closest to <strong>the</strong> development and it will<br />
decrease property values.<br />
Tim Ormes, 8340 Doubletree Drive, questioned how this development would actually benefit <strong>the</strong> <strong>Town</strong> <strong>of</strong><br />
<strong>Winfield</strong>.<br />
Scott Foster, 8758 Mystic Circle, stated he was against <strong>the</strong> project.<br />
John Holley, 83 S. County Line Road, said he lived on <strong>the</strong> Porter County side <strong>of</strong> County Line Road and he<br />
believes in <strong>the</strong> concept <strong>of</strong> “government for <strong>the</strong> people, by <strong>the</strong> people”.<br />
William Teach, 7446 Boardwalk, stated he was against <strong>the</strong> project and stated <strong>the</strong>re would not be sufficient<br />
sewer capacity to handle existing development in Doubletree, without an expensive upgrade to <strong>the</strong> town’s<br />
sewer plant.<br />
Hearing no fur<strong>the</strong>r remonstrance, Tony Clark closed <strong>the</strong> public hearing. During rebuttal from <strong>the</strong> petitioner, Jeff<br />
Ban indicated that <strong>the</strong> contract to purchase <strong>the</strong> land was contingent upon <strong>the</strong> necessary upgrades to <strong>the</strong><br />
sanitary sewers being made.<br />
Tony Clark asked <strong>the</strong> <strong>Commission</strong> if anyone had any questions for <strong>the</strong> petitioner. There were none.<br />
Gerry Stiener commented that as a lifelong resident, <strong>the</strong> town currently has a fine town council and good<br />
people on its boards and commissions. He stated that he was proud to be a resident <strong>of</strong> <strong>Winfield</strong> and that some<br />
<strong>of</strong> <strong>the</strong> comments made were uncalled for.
Gerry Stiener made a motion for <strong>the</strong> <strong>Plan</strong> <strong>Commission</strong> to make an Unfavorable Recommendation to <strong>the</strong> <strong>Town</strong><br />
Council for <strong>the</strong> following reasons:<br />
1. The request does not conform to <strong>the</strong> <strong>Town</strong> <strong>of</strong> <strong>Winfield</strong> Master <strong>Plan</strong>, in that <strong>the</strong> Master <strong>Plan</strong> calls for this<br />
area to be single-family, owner-occupied housing and not multi-family, rental housing;<br />
2. The sanitary sewer infrastructure, in its present state, is inadequate to handle <strong>the</strong> sewage created by<br />
this development;<br />
3. The streets in <strong>the</strong> area <strong>of</strong> this development, namely County Line Road and 109 th Avenue, are<br />
inadequate in size and condition to handle <strong>the</strong> increased traffic flow created by this development;<br />
4. There is inadequate traffic control at <strong>the</strong> intersection <strong>of</strong> 109 th Avenue and County Line Road to handle<br />
<strong>the</strong> increased traffic flow created by this development, considering <strong>the</strong> traffic coming in and out <strong>of</strong> Lake<br />
<strong>of</strong> Four Seasons;<br />
5. The fire and police resources <strong>of</strong> <strong>Winfield</strong> are inadequate to be able to provide <strong>the</strong> necessary and<br />
required protection for <strong>the</strong> development, considering <strong>the</strong> number <strong>of</strong> residents who would be living in it;<br />
6. The development will decrease <strong>the</strong> value <strong>of</strong> property in <strong>the</strong> surrounding area in that multi-family, rental<br />
housing situated in <strong>the</strong> near vicinity <strong>of</strong> single-family housing decreases <strong>the</strong> desirability and <strong>the</strong>refore,<br />
<strong>the</strong> value <strong>of</strong> nearby single-family housing;<br />
7. The development is inconsistent with <strong>the</strong> overall development in <strong>the</strong> surrounding area in that <strong>the</strong><br />
present area is single-family, owner-occupied development and not multi-family rentals;<br />
8. The development has failed to adequately address <strong>the</strong> necessary requirements for parks and open<br />
space which would be necessary for use by <strong>the</strong> number <strong>of</strong> residents who would live in <strong>the</strong> proposed<br />
development;<br />
9. The development has failed to properly address <strong>the</strong> issue <strong>of</strong> security for <strong>the</strong> development and its<br />
residents;<br />
10. The development has failed to address <strong>the</strong> concerns <strong>of</strong> <strong>the</strong> <strong>Town</strong> that adequate recreational and o<strong>the</strong>r<br />
amenities be included within <strong>the</strong> development from its inception.<br />
The motion was seconded by George Walton and passed 6-0 on a roll call vote.<br />
Bonds Set To Expire- DBL West, Phases 5 & 8- Greg Lorig <strong>of</strong> DLZ informed <strong>the</strong> <strong>Commission</strong> that<br />
DLZ will have recommendations for new bond amounts for Doubletree Lake Estates West, Phases 5<br />
and 8 at <strong>the</strong> February meeting.<br />
With no fur<strong>the</strong>r business before <strong>the</strong> <strong>Commission</strong>, Gerry Stiener made a motion, seconded by Michael<br />
DeNormandie, to adjourn. The motion passed on a voice vote, 6-0.<br />
Adjournment: Approximate time: 9:10 p.m.<br />
Attest:<br />
____________________________________ Transcriber: Lance Ryskamp<br />
<strong>Plan</strong> <strong>Commission</strong> Secretary Zoning Administrator<br />
__________________________________________<br />
<strong>Plan</strong> <strong>Commission</strong> President