Development Review Committee - Regular Meeting

Welcome, everybody, to the Development Review Committee. This is July 2nd, 2026. First case we'll hear today, MI-2026-2. Next area is the transmission, Mid-Atlantic. The NEET minor subdivision. It's in the northwest corner of County Road 125 West and County Road 1050 North, Chesterton, Indiana, Liberty Township. current zone on light industrial district, 15 acres. Today, they're requesting a primary plot group and proposed one lot subdivision. May the representatives come up, state your name and address, and describe what you're asking for today.

Nathan Flickner, 1402 East Mishawaka Avenue, South Bend, Whiteman. Today we are seeking primary approval of a 15-acre, one-lot, minor sub parcel. And I'm here for any questions you may have about that.

And who else is with you?

Hey, good morning. Sean Shortout with Nextera Energy Transmission Mid-Atlantic. Business address is 13 Executive Park Drive, Clinton Park, New York, 12065.

Very good. Well, we're missing two members. To start off, Dan Boyd has no comment on this one. That's our health department. David?

So we initially received application for this project on January 28th of 2026 in the engineering department. After a series of reviews, we have found Yes, here we go. The conformance letter from Kelly Cadwell went out on June 23rd, 2026. Kelly took over this review and checked their latest submittal, which we received on June 12th against the review letter that I had written called engineering review number two. which was dated March 10th of 2026. So after a series of three reviews, this subdivision has been found in conformance with our standards. Very good. Martin?

I know one of the comments we had at the informal review was the sidewalk, and I see that you had it everywhere except for the wet area in the southwest corner.

That's correct, yes.

Is that a, was that flagged as a wetland or is it just a wet area that's difficult to work in?

It's just a wet area difficult to work in. It was not identified as a wetland.

Okay. I would say that there are ways to go to continue that sidewalk through that area. I'd want to see it extended to the end myself.

I think it was the expectation of the board they appeared before it would go to the entire district.

Yeah. I would want to see that happen. It looks like maybe the break in the tree line is where you're thinking about putting the approach.

Sorry, say that again?

The break in the tree line, is that where you're thinking about putting the approach to the parcel? That should be... As far as placement goes, it looks to be okay with me. Do we usually show locations for these on the primary or... an approach, or do we wait until secondary for that?

I suppose you could do that before we sign the secondary.

Yeah.

Okay.

Thank you.

But I would think if it's a requirement, there should be separation.

Separation, yeah, this property has plenty of separation.

And we review it at the time of driveway permit review, right? Sure. If it's not right okay okay thank you very much um but yeah as far as the concept for that location that looks good to me uh i know we discussed that being a commercial access uh have you submitted for driveway permit at this time i imagine not i'm just making sure okay um They still have to do a development plan. Sure. Sure, I was just making sure it didn't come through to Matt Phillips' desk yet. I didn't have any other comments.

The requirement for the driveway permit was also highlighted on both of the latest two review letters from us. So that would also be seen again upon, you know, for the request for secondary.

Thank you. And I guess as a reminder, we're going to see more downstream technical plans that we can comment on. And we can also incorporate all the requirements that the BCA placed on their approvals of their variances. And I suppose I looked at that. Have they listed all their variances on their plan?

I believe we did, yeah. The variances that we received, yes. Okay. Which black?

I think they're on the notes here. Yeah. He's in the bottom left corner. Yeah, that was...

But I don't see the variance request. Put it on in the future.

Okay.

It's not going to hold you up today, I don't think, so...

Martin, do you have anything else? No, that was it.

Yeah, I brought it up before. As time goes on, you're going to need an outlet for your pond. There's really not a lot of drainage outlets locally. That's probably when this was first being developed. The developer, which was Charles Coker, worked with us and with the Brassica, of course, the drain up through the north, and we did a cooperative project putting a drain toward the pond but it's north of the wall back former wall bash rig road but i'm not sure how far that developer got with his plans to do the east side of the property but we did put in a drain up four five hundred feet north on the golf course we got our easements and that's part of our our training system so we're the southern 15 acre yeah so there's a 15 acre gap that we don't own between us and the golf course well we have road right away to work with okay if this is something to keep in mind for the future because i'm not sure where you go out that any potential okay understood successfully, that is. Did the zoning people get variances for a buffer, or I know they were hard on the property to the west and had a lot of additional requirements, I think, for that.

At the BZA, one of the things I can say from memory, they will put a solid fence in. They will put landscaping to soften the fence and the building around, and they'll still adhere to the perimeter landscaping standards in the UDO, which you're having a meeting with staff after this meeting. That's right. With your landscape architect, correct?

Yep. That's right.

My next question. Landscaping, because you are so busy.

Understood.

Well, yeah.

There was also the condition you'll find a road maintenance agreement. Yep, 1100 North. You can only use that road to get to 149 for the record.

Also, on this project, there is no detention pond proposed. The stormwater on this was addressed by converting the cropland to just on vegetation. You'll get that when you do the development plan review. I just wanted to make sure that with these minutes being recorded that it was understood that at this point there's never been a proposed pond associated with this project.

And I just wanted to keep in mind we make great efforts to create an outlet but somehow that would require a cooperative with the owner to the north of which I assume is also the seller of this property. I could be wrong, but those are just some things to keep in mind. And through your agreements, I would just make sure that you have some agreements with them in advance just in case they sell so the land is enjoined or encumbered along the roadway. You know, I'm not suggesting going up through the middle of their property or, you know, carpet launch, but just eventually they're going to have to dedicate right away to what they're developing.

Anything else, Kevin? No. Rich, do you have any comments?

We've had a lot of rain this spring. And several times that I didn't pass the site, especially after some big rains this spring. large areas of standing water. I'm a little concerned that that area that is identified as weapons on the planet is not in fact, you know, the wetlands needs to be, you know, protected, which then leads into Kevin's comment about an outlet for, you know, that flow of farm fields, a grass area.

And I appreciate the support because I think originally it was drainage to the north, but things got vacated and turned around. But I also have issues with what's on the east side of the road here. And there could just be coincidental ponding on 125 West. That is where it is, 125 West on the east side. that we just have to be mindful of that any development that takes place here, although historically that's been an issue with water from the east too, that it's been ponding there, so.

There's still a hump up there on the Wabash.

Yeah. And I don't know if they ever replaced the pipe under the Wabash. That was one of the issues was making sure the drainage was finished there. Yeah. I can just speak to what we did to the north of the Wabash and cooperation with Brassy Golf Course. So you've got to get the water up there, too, so it's safe. But I could have swam that Charles Coker. Now, this would, I'm reaching back 10 years, I think.

Mm-hmm.

I don't recall is what I'd say. But anyway, he was going to replace those pipes. Whether that ever happened or not, I can't say for sure.

That's good points. But we're here today for a primary development plan to address a lot of those issues, and those have been brought up before. But, David, could you kind of summarize what you've looked at? You've looked at something that's considered a development plan.

There were things that came in in addition to the package that were reviewed by engineering between myself and Kelly Cadwell. Documents that have been received and reviewed by us over the course of the three reviews were the primary plot, a geotechnical engineering report, The CN calculations, another version of the primary plat, a set of civil drawings, a geotechnical engineering report, maintenance commitment statement, the final primary plat that we're all looking at now, and warehouse and storage civil drawing revisions that were received on 6-12.

And our stormwater management, were you satisfied with what you saw considering what they're proposing?

Yes.

I'd like to bring up one more thing, if you don't mind. Sure. I believe there's been a lot of discussion on development of Brassy and the incorporation of that into the town of Chesterton. Only the very northern parts are in Chesterton at this point. But as they expand as possible, they could grow down this way. And I just think that merits some thought and discussion. It's not a negative thing as far as for you guys, but you'll go ahead and proceed with our efforts here. This is unincorporated, but just something to think about, and you might want to have conversations with the city of Chesterton or town of Chesterton to make sure that nobody gets blindsided in the whole process. If you want to use their utilities or, you know, there's some potential of expansion of utilities, and that could be advantageous for you. I really suspect that this won't be the only building on this property in the long run. But for future expansion or whatever, even though we don't do wastewater treatment plants or sanitary sewer, It merits discussion with the town of Chesterton for water supply.

Thank you, Ken. Rich, do you have anything else you'd like to add?

I'm sorry?

Do you have anything else?

No, I'm just looking at the G.I.P. They're showing a light green area down in that southwest corner in the hub. in the northwest corner, and I don't know what these stand for. I'd like you guys to at least look at that and make sure that... Where are those wetlands? Well, I would suspect that the green is wetland, but I don't know what the brown is on that.

Which layers?

DNR.

DNR, the NWI layer? Oh, that's the, yeah. That would be the wetland.

The flood.

Yeah, that would be it. Where am I?

Yeah, you're on it.

Am I on the right person?

No, no. Where am I? Over here.

Move it over.

That's why I was talking about the east side. I don't know what those two, I don't know what the light green is or the brown. Light green, I think, is what I wanted for some reason. Turn off the inventory later. Just for a minute. Let's see if that turns. Yeah.

Yeah, it's whatever grade of weapon that would be.

Yeah, that makes sense.

Well, yeah, but they could still mitigate any impacts to those weapons. Or they could route around them as well.

Yeah, and that's what I would recommend. Don't even mess around with it.

But that's their choice. But that's something for the site plan to comment on.

On that note, I believe the UDO calls for five-foot sidewalks instead of four-foot, unless a variance is granted on that, which I don't think it was.

Yeah, we can update that for the site plan. Okay. Yep. So, sorry, just to understand, where do you want us to go with the sidewalk now?

That's your choice. You can either go through the wetland and mitigate it, go through the proper procedure to do that, or you can route around it and give those rights on your plan. The dedication of easements and public such. So you just have to do the public.

Understood.

Now, whether it's water that's in the U.S. or an isolated wetland is going to have a big impact if you decide to go through. So first things first, figure that one out.

And there is a legend that will tell you what those different colors and designations indicate.

Yeah, it's not on our GIS. It's not on the GIS. You have to go to U.S. Fish and Wildlife to go view that. Correct.

Rich, anything else? Susan?

This graphic did get played in performance on the 18th. And the sidewalk and the driveway, all those technical. Okay, anything else?

Any of the board members comment?

Just as a comment as a surveyor. It's Bergston, not Bergstein. Okay. Monument, the section quarter monument. Okay.

Someone would like to make a motion.

Make a motion to approve.

Contingent upon. Contingent upon.

Sidewalk being widened to the five foot per EDO. Going the full length of the property, either around the wetland or through it and mitigate it properly. I think that was all the comments. And then, well, I guess the rest of it comes at later dates, correct? Well, even that does, too.

Second? Anybody? Second. There's a second. Any further discussion? All in favor, say aye.

Aye.

Opposed? approved. I will not be at the meeting, but Susan will meet with you after the meeting to discuss your landscaping. Good luck.

Thank you.

Good to see you, Sean. You got that agreement, right?

I got it.

All right. Next on the agenda is Case M-2026-7, Kelly G. Hall, Shannon Hall Miner Subdivision, 918 South, 250 West, Hebron, Indiana, Boone Township. Zoning is A1, General Agricultural District. Acreage is 272.62 acres. This is a primary crowd approval for a proposed three-lot subdivision. Good morning.

Good morning. Good morning.

Can you introduce yourself, names, and address?

Okay. Hey, I'm Kelly G. Hall, 258 West, 900 South, Hebron, Indiana.

And Bill Davies with Davies Land Surveying, 1105 North, 100 East in Chesterton.

Very good. Good morning. Explain what you're here before us today for your primary plan.

Bill, would you give, I think that mic is off right now. Would you give that tap, that green light? Right in the center. Should be the button right there.

How's that? We're here for a primary plot approval of a three-lot proposed subdivision in Boone Township. We were here last month to get some variances. Those went through. There's an existing gravel road that goes through the subdivision. They will need to approve certain parts of that to county highway standards and call the SAC in on the west side of the property. We've looked at some of the two Proposed septics will work. Lot one is an existing house that will go from Mr. Kelly's, Mr. Hall's mom to the sister. Let's see, lot two will be going to one of the sons, and that will be built sooner than later.

Probably, yeah, most likely in the next five years, we hope, possibly.

And lot three will be the other son.

That's the one that we want to go ahead and get on with soon. with the breaking ground with as soon as possible. That's going to be our retirement home right there. Okay.

And that's why we're here.

Okay.

David? Yes, let's see. We initially received application for the primary plat on February 25th of 26. And after a series of two engineering reviews, conformance was found in a letter from myself dated March 3rd, 2026. One of the comments that we had worked out, I just want to point out at this point, was related to the rain garden and the geotechnical report. One of the reasons why we bring that up to folks is rain gardens aren't something we typically see a whole ton of, but they can also, if not done properly, become more of a headache than a benefit. So the thing that you'll want to look out for when this thing is built is that when it's being excavated, You don't want those vehicles then driving through the bowl to get to the other side. If that soil gets compacted inside of it, it's useless. And it's going to become a huge maintenance headache. So you might want to keep an eye on that and make sure that the folks that are doing it, again, they're excavating out. They're not going through. They're not compacting those soils. The performance is highly selective to what's in the bowl and how it gets created while it's being built.

Okay. Yeah, that sand soil that we got tends to turn to cement. I know, notice we dug a pond, a kind of retention pond right there that's on the site there by lot two, or lot three, I'm sorry. But yeah, that sand we used for fill when we built our house back in 98, which is on 900 South. And yeah, it sets up pretty hard, yeah.

Yeah.

Whatever type of sand it is, yeah.

Yeah, be very cautious of that. I believe other than that, that was the only... Thank you. We did... Yeah, that was the only thing of substance that was really, we had some text that had to be updated and whatnot throughout the course of the review. And then we had also requested, I believe it's on there, the records regarding decisions with the standard variances. I'm assuming that all those were, I believe all those were listed because we did. Yeah, those are on the first page. Excellent. Okay.

On that page, I was scanning real quick.

Which item we're looking for?

The variances.

I believe it's on the first page.

Yeah, I believe it was on there because I think I checked that when I used it. All that words. There's a lot of words. I would also point out... I was going to point out that Dan Boyd, who was not able to be here today, provided his comments in advance of the meeting. And regarding Shannon Hall Minor, Dan Boyd had no comments or concerns.

That's it?

That's it. For the record, Dan Boyd from the Health Department to be here has no comments or concerns. Kevin?

Yeah, we were just discussing it does have Note 36 referring to the variances, but and I guess, yeah, Note 35 has references to them. I just thought there'd be a little bit more about the sign on Lot 36, what that was, but that's fine. No, Martin and I were just discussing the at the bridging of the private road and making sure the emphasis is on the responsibility on the property owners. It's not a county bridge or liability. Something to bear in mind because replacement could be very expensive if and when that might fail. And it will fail. It might be 100 years from now. It might be 50 years from now. But we just need to make sure that... we limit the liability of the public. You have three parts, which you're going to make the roadway agreement for all these people to take care of and maintain that. That's another issue as far as private trains. The issue, and one of the reasons I was talking about it, because I want to make sure that that arm wasn't part of Phillips. I don't know why I was thinking of that, but So you're not going to need to go to the drainage board for permission to outlet. Correct. The perimeter drains for the, but it would suggest that you have some kind of delineator fence post or something by the outlet. So you know where that's at and your future owners, you know, we never think about the guys. Yeah. But have something there to mark. where that's coming out, keep track of it. The health department will make sure you have environment guard on it. And here particularly, South County really suggested environment guards on everything because muskrat population is huge down here. They'll block off your drain. You have to watch for populations in this because it's not part of your inflated drain. We're not necessarily obligated to trap and maintain this for the beaver. It's a deer I dealt with all the time. I knew Cali. But it's just the population of wild animals out here.

Anything else?

Do we have enough of a building line back now? Is the building line from the property line, Susan? The center line of the ditch is the property line, I assume, and they've got a building setback of 30 feet. So the building setback's from that center line of the ditch.

That's what it looks like.

That's what it kind of looks like. Okay. And it looks like it's a proximate center. And normally I'd say that's really not enough because usually when you're working with these waterways, a lot of times going back to the muskrat, beaver, their bank walleters, you have a bank cave-in or something, you might want to put a little bit more from the top of bank over just to make sure you have enough room to work in the future or the property owners. It's just one of those things we don't have Much to say about it, I don't think. Do we have a requirement in our code as far as lakes and ditches?

About 30 feet from.

Check that out.

From top of bank?

That's what I suspect.

Ordinary high water mark?

Well, yeah. In this case, I would suggest top of bank is probably more of a terminology they use because watermarks. 100 years? That will be pretty high to close, but probably not top of bank in this case. But the bottom line is your building line isn't far enough. It's not as far back as the drainage easement should be. And those are the reasons, because that will help you maintain and get, let's say one of the neighbors gets flooded out, they can get back there.

Is that for an existing building or a proposed building?

For the building line itself, correct?

Yeah, for the range. But there's existing buildings out there that have got variances.

Well, this will affect the proposed building a lot, too.

That's what I mean. It's the proposed, then, yeah, so. Yeah, that's why I would make clear for the record because he did get variances for two proposed structures or two existing structures out there.

A silo and a metal building is already out there. They're over in other lots.

Just to be clear.

Yeah, they should be way clear of this issue I'm talking about. That's something I strongly recommend that the Just come from top of bank back 30 feet, and that way have a little bit more wiggle room should there be a bank failure or other issues.

So is this something covered in the UDO already, Susan? Yeah. So when they come in and apply for building permits, that will kick in then? Yeah, it needs to be at least 30 feet from the base flood elevation if it's been established. So that will be addressed when they do the permits.

That's correct.

No, I'm just suggesting they do it on the flat right up front. Right. It's not going to hurt anything to have.

But it's already in our code.

Is it going to be observed? And does the buyer of the lot know if the house isn't built by that time?

Yeah, but they've got to come through a permit process. We check that stuff then.

I hope so. It makes it easier if it's just on the flat.

If they want to put it on the flat, go ahead.

That'd be my recommendation. The other thing is to be very careful out here in your flood hazard area. The 100-year flood will be observed, and you just want to make sure you get your elevations up. You know, there's ways to mitigate it as opposed to the basement, but I really recommend you get basements here for that reason. But be aware of elevation of everything because that will affect future buyers especially if they go through federal financing veterans FHA etc that could eliminate a lot of your market and then be aware too if you're below that flood hazard or flood elevation I think you need an extra couple feet too but you can work out that with building the parking But just be aware of it because you'll be getting paid blood insurance, which would be a substantial.

Okay. Yeah, we've been on the farm, moved there in 71. And the only time we've really seen water pond up anywhere is just out there approximately 150 feet west of 250 in that flat kind of lower right there. So then you kind of go up the, I don't know if you've been on the site before, but kind of a raised elevation as it comes up to the building site area.

I'm just telling you to be aware of it.

Yeah.

Just to protect the value of your aquifers. because the flood insurance, even for pre-existing houses, you know, it doesn't really get discovered a lot of times until somebody goes to sell their home. And then the mortgage companies, because it's pushed by the federal government, that they need to do this, and it could limit your market. You know, you don't need to worry about it. As a cash buyer, as far as flood insurance, you may still get flooded.

Right.

But.

Still something for the future to think about. Yeah. The contract we're going to use is pretty reputable on the experience. William Mish, you probably know the Mish boys down in Wheatonville. They'll be doing the site work as far as the drive and also his younger brother will be the one that's going to be building the house. But they'll be doing all the site work at the house once we get to that point as well. But, yeah, we can get them going on the driveway to begin with and get that line to 16 feet. And the eight or nine inches that's required of the crushed limestone, yeah, they're all probably in a week or two that'd be all set. If we get permits, they can go ahead and get started with that if we can. Okay.

Anything else, Kevin? Nope.

Mark? Is that 16-foot wide road? covered in a note on the first page?

I think there's a detail on the first page.

I saw the drive detail, I thought. Yeah, all I saw was the driveway. Yeah, the driveway entrance from our standard drawing sheet V3. I see what you're saying.

This is the driveway.

Yeah.

I thought I saw a note in here, and again, there's a lot of words.

Yes. I swear I wanted to look for it, but at the same time it was a little intimidating. Yeah. I guess just making sure that it is explicit on here that you have 16-foot wide call for the private roadway. Correct, yeah. Just make sure that's in there. If it's not, it would need to be added for secondary use.

Yeah, our existing drive, the main one coming off of 250 that's been there for, you know, who knows how many years, 100 years probably, it's about approximately 11 foot right now. So they've got to add about two and a half to three feet on each side of that to get to the 16 foot.

Right.

But once they get up to the buildings, then it's going to be basically starting from scratch or whatever, because we got kind of a... used to have a dirt path and then we put some real crush like the screenings on top and made it a nice roadway but that's all going to be you know started going from scratch they'll go ahead and roll the dirt back probably eight inches deep and bring in 20 or 30 loads of uh 53s okay which we got that koi out there by low by 65 which is not only about seven eight miles away so at least they don't too far to track it sure but uh good

No such thing as short haul. It's all...

It doesn't matter. Load on, load off, yeah. But anyhow, that's... And I think our apron coming up to 250 right there meets all the requirements. I think we done checked that as far as the width and all that coming off of 250, the apron itself.

So the apron, I think, would be good for agricultural. It might be too much for the shared residential use. It might actually need to be shaved down a bit to meet that. You could request a variance on that.

Can't be more?

No, there's a maximum on it. Yeah. Why is there a maximum?

And it does, I want to add too, it does definitely, the apron slopes back away from 250. It goes back to the west, so there won't be no runoff coming out on the 250 there in heavy rains. It definitely slopes inward, yeah.

Sure. I would want to take a look at what that, I need to review that, so.

Is that something we can review before signing a secondary plan? That'd be fine. You want to make that a condition then? I'll make that a condition.

That's also noted in the engineering review letter that this would all get inspected prior. They have the option to either build, to bond, or to construct and have inspected. And I believe from talking to these folks, they were going towards just constructing and having our office inspected prior to secondary conformance.

Gotcha. You show a cul-de-sac on the end. I know you mentioned this at the beginning, and sorry, I couldn't quite follow it at the time, but is the intention to put a cul-de-sac at the end of this? Correct, yes. With the gravel stone?

Yes.

Okay, gotcha.

The far west end, yeah. The far west end, yeah.

Okay.

And there's plenty of room out there for that.

Yeah, I see it called out on here.

Yeah.

It'll work. To Kevin's point earlier about that existing culvert, in that private ditch. Without having that inspected, I would be worried about any emergency travel over that. So maybe kind of blocking off with a gate or something for private use and calling that out in your flat. Because if there is this being a private road, I'm just worried about fire trucks going through that and over it at the same time as you get out.

As far as heavy truck traffic of some sort.

Yeah, or fire truck, large emergency vehicles.

Yeah.

Without that being inspected, that's private infrastructure. Technically, this thing needs to be suitable for emergency vehicle access since it's greater than 200 foot.

Okay.

No, this is... Well, no, the culvert itself, the culvert. So, yeah, just making sure that the access can't be taken by an emergency vehicle down that way.

Okay. I'll make sure the contractor knows that. I said he's pretty, I mean, as far as when it comes to common sense, that Bill Mission probably wanted to write a scenario with all this stuff, but we'll make sure we mention that to him as well.

Okay. And for future, just when you're done with construction, just to make sure a fire truck that comes down doesn't. accidentally take that way down. If it does look similar the whole way, they might think it's a continuation of the private road. So just even delineate it with signs or a gate or something to notify emergency. They shouldn't be taking that path out.

Yeah, it shouldn't take, the good news is like coming from 250 up to where my mom lives in the old farmhouse that we'll be, you know, hopefully building that across somewhere. At least that part is be pretty quick. They just got to dig, you know, he's got a mini excavator. Then go ahead and get to that 16 foot required width. That's going to be pretty quick and they'll be able to do that in a couple, three days. So that shouldn't be out of the... be able to use that drive if an event of emergency comes up and then the other one the house that you know that we our old house uh coming off the 900 at least the fire department still get that one we won't be disturbing that at all so the only thing that'll be uh take a little longer to get done will be that from the buildings to the cul-de-sac which is going to be started from scratch you know they'll have to roll off eight inches deep uh the top soil and then put their uh crushed stolen in there and all, so that might take a week or so for that project. They're pretty good about getting it and getting things done in a timely manner. Okay.

How old is that 48-inch pipe?

Pardon?

How old is the 48-inch corrugated pipe that's crossing the ditches?

as far as that culvert right there, we put that in. And so we moved on the farm in 71, but I think we put that culvert in, because actually Bill Mish, I think, put that in approximately probably like in the late 80s. Yeah. So it's probably...

You're probably 40 years old design life on those. Yeah. Year or less.

So you might talk to Mish about... We might want to inspect that and see what it looks like inside there as far as rust and whatnot.

Well, hopefully the department takes a look at it too. But yeah, I... Yeah, 40. Yeah. Might not be a bad idea while he's out there doing everything else to go ahead and replace that. Yeah. That might be a good idea, yeah.

Cause we go across that with heavy. Yeah. A lot of heavy, like the farmer, what he, we, we cash rent out the farm we've done since 78. But anyway, he goes across that with a single axle grain cart with, you know, a thousand bushel on it. And there's a lot of weight on that axle, obviously.

Well, back in the 70s and 80s, we didn't load up the corn weight. It's like now. Yeah. We have a lot heavier equipment.

Yeah.

A lot heavier.

And I've got semis as well. I go through there sometimes myself when we're hauling everything in.

We load them to the max.

Yeah. Not a bad idea. And it could even be a little wider, too, because it's a little narrow with that grain cart going across there.

To my next thing. Yeah.

Yeah, good idea, yeah.

I don't recall that being... really too wide, but for the safety of your family, you might want a wider seat.

Yeah, exactly. Another couple foot, one herder thing. So, okay. I'll definitely factor that in when he gets out there. I say, well, he's got the equipment right there. That's the main thing. Yeah, get everything done that you can possibly think of that you'd like to see done. Yeah.

Any other comments, Martin? That's it for me. Rich?

No, I'm good. Susan?

No, no, it's not. It's in proximity to it. So when they have a base flood elevation, it's going to be observed all the way around there.

as i don't think they did the study of this so don't go with those elevations why to entertain a motion well one clarification um they brought up bill of easement maintenance agreement you've got those worked out and referenced for the driveway My hearing is so bad. I'm sorry. Yeah, my driveway maintenance agreement. I thought I heard someone talk about that. You got that worked out with the to tie all the lots to the driveway for maintenance and access. A driveway agreement, you're saying? Yes. Yes. Yeah. Yeah. Okay. Yeah, we'll have to do.

You've done those before. Yeah. All right.

That's the only question I had. Anyone would like to make a motion on this?

But is that maintenance, is that included in the plaid or is it separate? It's usually a separate recorded document. Okay.

I would probably reference it on your secondary plaid to say that's where. Right. Right. We would put that together first and usually that's recorded.

You'll get that before the secondary plaid. Okay. Okay. Any other comments? Anyone like to make a motion to approve?

I'll make a motion to approve subject to .

I said including the driveway composition with notes.

And the driveway . And access agreement. And access agreement. Correct.

One question on that drive, as far as the new, you know, that's going to be started from scratch, the west end, the west half of the drive that goes to Colesac. 53s is probably fine on that too, right? The 53s?

Crushed stone is all you need.

Yeah, okay. We don't need to put no 23s down to begin with, I don't think. There's a pretty good base there. So 53 should be sufficient, yeah.

That's all we call out. If there is any unsuitable soil that you've noticed in the areas, once you need to bridge those stresses further down, you can undercut it with twos or something like that. But look during your construction. When you have the equipment out there, do a proof roll on it. Yeah.

Okay.

Yeah. Okay, so we have approval with conditions. Do we have a second? Second. Second by Dave. Any other further discussion? All those in favor, aye. Aye. Opposed? Congratulations. Good luck. Thank you. Thank you. I'm going to excuse myself. I have another commitment to go to. Kevin, will you go over? Sure.

Now we're going to KCUV 2026-35, Nancy Kalapati. And this is just an informal review. And you're planning on operating the farmer's market?

No. Actually, it was very interesting that that was the summary that came out of the letter. Okay. That's why we're bringing it up. Yeah. No. We've owned the property for 10 years. It was the northern. Should we start normally? I'm Nancy Califati, 122 Phillip Lane.

James Coleman, 122 Phillip. Okay. Her husband.

Okay.

All right. Anyway, yeah, we purchased the property. We were in the room almost exactly 10 years ago fighting rezoning of it to be commercial. And I bought it out from under the developer to keep it from becoming commercial. You were the one. I was the one. I was there. You were there. Yeah. Okay. Yeah, I worked in online real estate. Very easy to understand contingent. And you could make a cash offer and win. So, anyway. So we've been treating it as an agricultural property for the last 10 years. In 2021, we were part of the Porter County Master Gardener's Garden Walk there. Because we had made it a really beautiful place. That was the first day that we were open to the public. And we decided that in order to share the space with the community, we would be open on select Sundays. Okay. for people to do garden walks. And we put our farm stand there, selling the produce that we sell there. And then we opened it to some neighbors to sell some of their products during those farm stands. It has slowly evolved to the point that it's about time we said, you know what, this isn't an ag property, but we need to use fairies to be treated as ag. because the things that we're doing are not strictly allowable in an R1 district. So we would like to be able to have, like a partner's market, we would like to be able to have a permitted secondary structure without a primary structure, because we never intend to build a house on that property. And we would like, I guess, changes in the driveway rules, because our driveway needs to be wider than allowable in R1 in order to allow the traffic. So those are really, it's a use variance to say, this is R1, but treat us like ag.

Okay. Susan, could you explain this a little bit more?

Because I don't quite understand what's going on.

Right.

But in the course of that inspection from the stormwater department they did identify this operation going on and approach the applicant i know dan boyd did have some comments for this but right now if you're asking for the use period to continue what they're doing and it sounds like potentially so

Well, we have a secondary structure that is currently unpermitted because we can't actually ask for a permit for a secondary structure when there is no primary. So, we are in violation. We'd rather not be in violation. We'd like to be treated as we'd like to fill out the permit and keep that secondary structure.

And this is a matter that ultimately goes to the BCA. So, yeah, whatever we say today. Yeah. It's subject to what the BCA does.

I don't know what the BCA.

Be aware of.

What is the BCA? Educate me. What is that? I don't know.

Board of Zoning Appeal.

Oh, okay. So the meeting on the 15th. Okay.

Okay.

Okay.

Do you have, yeah, are there additional questions for what we're looking? I guess then the summary is really what we need the experience for is to continue call it a craft fair because it is not a farmer's market because we don't invite other you know farmers because you can in r1 sell food that you grow on that property which is what we've been limiting it to

Well, respectfully, your application says to allow limited farm-centered gatherings.

Yes.

Supporting agriculture use, including a farm stand and small seasonal market with local products and artisans. That's a farm market in my opinion. Okay. All right.

Maybe a farmer's market has more than one farmer.

Okay. So just for clarity. Okay. I think it's good to speak to BZA in terms of exact.

All right.

That's a good.

That's their definition of farmer's market. It's not mine.

What can I say? Okay, I've been kicked under the table. Susan, do you have a quick comment? I could share Dan's comment.

Please.

Appreciate it.

So Dan wanted to know, for a patient who sits on the floor, do you want to do a statement of email? His first comment was, will there be restrooms available with septic or port-a-johns if septic-soiled bodies need to be completed and submitted to IDEM, that's the Indiana Department of Health. And is this going to be the port-a-body we need to maintain and can we take it to a health issue? And then his other comment was that you're going to have to use non-medical supervision to obtain a permit.

Okay, that would be it though. But this is a porta potty that we have under contract with service sanitation. It's one of the nicer flushable units with the sink and everything inside. And it's maintained the Wednesday before every event.

David. Okay. This precipitated out of stormwater issues?

That is correct. A drainage complaint was submitted against the site at which point other improvements had been found. I know that Martin will also have comments related to some work that was done within the right of way there when we get to his comments. As far as the department that I work in, Inspections have taken place where some improvements were found. The applicants were called in and talked about some plant work that could get put together to show what had been done and where it had been done. In terms of the drainage ticket, I went out to the site, I believe it was last week. Unfortunately, the week that we had all the rain, I was out of the office trying to find a day where we get a nice stiff rain during business hours to go observe. the properties.

You picked a bad week for a vacation because that was a really rainy week.

I heard. I came back to a whole drainage complaint. That's right. It was pretty nutty apparently. But I did, I had a light rain that I went to go check out the neighborhood that had submitted the drainage complaints. And We have not resolved that yet. I still want to see it in a larger rain event to see how it responds. At this time, looking back at historical topography, I have a hard time right now seeing that what you all did caused a drainage issue for those folks. It doesn't seem that way to me right now. I don't doubt that there's I understand the drainage complaint that's being submitted. At this point, from what I can see right now, I have a hard time tying it to what you all did.

Yeah. And actually, it's interesting. We don't know what neighbor it was, but we have talked to a number of them. At least one of them says the buildup of damming the water running off of our property has made his property dry for the first time in years. Actually, there's two of them. There's two of them. On the other side. Yeah. Yeah.

Right. And that's not to say that the work shouldn't have been included, you know, reviewed on an advance. Again, it's just saying that as of right now, that particular concern coming in, it's I'm kind of hard-pressed to see how – because it would seem from the aerial imagery that your site was always higher than that. Oh, yeah, we did. Right. Higher. So, like, well, if you made it higher with the mulch, why would that – to your point, I almost feel like, if anything, it would possibly – One of the problems is there's a higher point in the property, and it was sloping down toward their property, and we built the mulch up to keep that –

from running into theirs and stay. Because we want to keep all the water we can. We're growing food. Right. So we want that water.

Well, and a lot of times what happens, it's not unique to your property. A lot of times what happens, and you see this all the time with our drainage complaint system or when people remonstrate against development, you know, oh, if those folks do something, it's going to give me a problem. And unfortunately, one of the benefits of the county review process when reviews do get done is that it gets checked against those things. Because we see frequently somebody does something, the neighborhood comes out and says, oh, because you did this, it caused my problem. We can go back and look at the old complaints or we can look at old topography or old inventory and go. That always looks like that. But again, when somebody's done work that's not permitted, it kind of becomes a really easy way to be like, oh, that must be why I'm having my problem. And in their mind, I think oftentimes they believe it because, oh, you know, I see a problem now and, you know, there's a pile of mulch over there. That must be what caused this. But again, at this point, I do think that there are some. some work that you're gonna have to do with the county in support of what you've already done or what else you may want to do. But at this point, I don't think you've really negatively impacted the folks that are claiming that you have. But again, I do want to go out there and look, give them a fair shake. When we have a nice stiff rain during business hours, I can go out and observe it.

Yeah, we're willing to put in the sweat equity to fix anything you find. We'd like your professional opinion, but it is really important to us. We have low impact. We don't want to impact the neighborhood. Mm-hmm.

Could I add that when this complaint happened, one, the ground was still frozen, so water is going to stand. And two, it was before NIPSCO came through and removed the scrub trees on the property line. And now that those are gone, you've been there recently, you could see that there's a drainage ditch there. And then another one that cuts out into the street. So the lower side is... I don't know. I didn't trespass to take a measurement, but it looks like seven to eight feet lower than the peak of my property. So, and then the houses along the backside, all their yards ramp up to higher than my property, six or eight feet in from the property. So nothing's going that way. Right. And if you can look back at prior pictures, you can see, forgive me, I don't know what it's called, but there was a big funnel-shaped area made with riprap that all the water used to drain into Calumet. And that was one of the first things I blocked off to keep the water on the property. So if anything, there is way less water running off than there used to be.

Yeah, I concur with you, David. It's this is a 50-year-old, 60-year-old neighborhood, that there haven't been a lot of changes over the last 20 years. Anything that changes in a community, and suddenly the fingers point to that because that's the only change. But the reality is we had rainfalls that were very intense. And that was what we did this year, I think. Historically, we've had issues with people who would sump out their basements, discharge to the street, and they got crossways with a former county highway engineer, not Martin. The county rules have them bring their drainage pipe back. away from the right-of-way, I think 40 feet. And that created a lot of heartburn for locals 25, 30 years ago. But that's kind of the ongoing discussion. We've looked at so many different ways. It's hard to retrofit such an old subdivision cost-effectively.

And there's also just a lot of varying opinions as to what constitutes a drainage concern i mean in our office up on the third floor here i mean we hear from folks we all know what the weather's been like lately i think that because they can't mow their grass that day they have a drainage well no it's we just got three inches of rain you know two days so yeah your yard's wet but yeah

And as an owner of two homes in that property area, septic systems don't last 50 years in clay soil without fracking. People need to frack their septic systems. We've saved both of our yards.

Well, you add to that the soils are very compact. Yeah.

Yeah.

Right.

And they're 50 years old at this point.

And they degrade over time. They're going to degrade. Yeah. And water just doesn't. seep in and it kind of displaces laterally once it goes in the ground. It doesn't keep

Which is the beauty of what I've built there. I've added so much organic matter into this Indiana clay that it's just a sponge. It holds it for days.

And in terms of what you were talking about with any previous swales or anything out there, it's something, and I know that Martin's going to have some comments related to the right-of-way area. We do advise folks to just be cautious of any types of modifications that you make to a drainage system. Some of them are regulated by the county, some of them are not, but it can still, If you do something that changes water flow, I mean, I've even seen issues that have come where somebody has blocked off water thinking, oh, there's going to be really happy because I want water. And it turns out the folks downstream also wanted water for various reasons. My advice would be anytime that you're going to do something that's going to impact drainage to at least give our office a call and to see, is there something I should be, you know, is there something I should be doing? Or is there somebody that does need to look at this rather than just making the changes?

And I have dealt with your office in the past, but that was like nine years ago. Okay. It's probably different.

Yeah. We're constantly looking for solutions. The department.

And I'll be in touch with you all again once things work out and I can go look at a storm live. I'll get back to you if I see if it seems that anything, if there's something that you all could do to be better neighbors. But like I said, at this point, I think that you probably hit the nail on the head that there are folks that probably just need to do some maintenance to their yard, though.

and it's just the name what the soil is like over there before nips go cleaned out the scrub trees i don't even think they knew that drainage ditch was there so it hasn't been maintained in 20 something years right people have firewood in it so it's blocking any movement sure yeah oh okay bart um

Yeah, the drainage concerns that we had was within the right-of-way, as we discussed in our meeting. So just to kind of put that on this record, adjacent to your parking area and into the right-of-way, you've kind of built it up over the years, right, with mulch and other things of that nature, right? Yeah, just to keep the weeds down. Yeah, and that's over the years gone into the ditch line a bit, so... My concern, and I was out there for heavy rain, I did see water kind of going around your driveway instead of through, there's no culvert in your driveway. Right.

Or after the paving because it's beautiful since the paving.

Oh, God.

Calumet, it's gorgeous now.

well thank you for that the mic is good treatment um but yeah it's during those heavy rains it's still going to yeah it's going to surcharge in that ditch and go around your driveway instead of under it um so the one item that i did have for that if you were to proceed with uh and be granted the use variances that your driveway would need to be updated to the commercial standards and include a uh culvert include a culvert underneath underneath that we were wondering about that and we were wondering if there would be the county would then dig a ditch on either side for us to connect to because right now both areas it's flat on either side there's nothing for us to connect that would be on here that'd be under your guys so you would have to dig it okay correct right away correct you'd need to get a right-of-way permit to do it but yeah for this improvement that you want to do before you're going after you'd have to perform the work to make it happen okay um so and we're willing to do that we just didn't have dimensions Sure, yeah.

But we need a separate use variance to have a wider driveway than allowable in R1.

That wouldn't be part of your use variance. Susan, correct me if I'm wrong, but I believe that would be a design waiver for their plant they submit, correct?

There we go. At least don't tell me it requires 25 letters.

Sorry.

It's not so bad.

It is. It's bad.

Well, when you're trying to survive selling tomatoes, that wiped out my whole year's profit.

That dollar we made so far this year.

Yeah. So we do need to keep the water off the roadway. We need to keep it safe for the traveling public. And that's what's prompting this. It's not us picking on you. It's... Oh, I get it. Uniformly applying our standards to everybody.

When this started, that was my first dealings with the stormwater department was I dug out this existing entrance to the property and I... hired a local guy to come bring me some stone and i talked to him about it and he said since it was an existing entrance that was already on the road that i didn't need a permit halfway through the process one of the ladies from the stormwater department stopped and told me i needed to permit so i i went into the office to get the permit and then we talked for a bit And she told me she'd take care of me. What happened from there, I don't know. But we've also discovered in that process that The main fiber optic at that time for 911 was right there. So I'm not sure even how to do a culvert there without disrupting 911 service.

So it would just be placing it not through that fiber. So all you have to do is call an 811 ticket, and your contract will be hired. We'll be plenty able to take care of that. Or if you do it yourself, whatever. No, I won't do it. Frontier already had everything painted where it was, and I'm like going, I don't know how you do it. anything in this right of way you would need to get 9-1-1 you'd need a pothole to see how deep it is it's possible if you go on top of it you just need to get there and investigate and see but okay there's always a path around it and you can contact the utility as well to let them know hey i need to perform this work and get in contact with them if something needs to move um but i'd imagine there's some design solutions where you're not going to have to touch utilities And when you do submit for your permit for that, for a driveway permit in the future, should you be granted these variances, you know, I'll help you look at them. Just let me know that.

All right, thank you.

It'll be in my memory, but we'll talk about it at that time. And I'll send a note to our right-of-way manager for that as well. So further south of your driveway, yeah, further south of your driveway is where the fill areas were. We just need to make sure we have an appropriate swale on there to carry the water. still had to continue going south. So any future development plan that you might submit would need to accommodate that, and you need a right-of-way permit to perform that grading to make sure that we can get water to keep flowing south. And that's just because the fill was placed in the right-of-way. We didn't permit it, so we've got to go back and make sure this stuff can carry the water, if that makes sense.

When you say fill, you mean the wood chips filling in?

Correct. Any material that you've placed in the right of way.

Well, it kind of fell, but we mow it. What's that? I mean, it fell down the hill, right? And then we mow it and it flattens it out. So, I mean, will somebody be mowing that area more frequently?

We mow twice to three times a year, which is our standard for any county highway. And that's if it's not maintained by the property owner.

Right.

I've always just maintained it like a lawn.

That's your choice.

Yeah, but once it's a ditch, won't you be able to? No, just not an issue for now.

Okay. Well, this is your opportunity to design it the way you want it. You can put it at three-to-one slopes so that you can't mow it. That would be great. So that's up to you, though, with how you proceed with your design plan after that.

And which department would we have to speak with for this?

We would still be reviewing that. Our department would. I would. So after these, and I'm not the most intimate with these processes, but after this design variance process, or use variance process, you'd be submitting a development plan and requesting design standard variances at that time as well. Kind of.

Right. Mm-hmm.

Which, yeah, there are some, I'm just saying there's some items that I would want to see addressed in order for me to approve the use that you're proposing. Okay. Or for me to recommend approval. So I would want to see the driveway improvements and the right-of-way improvements after a use variance is granted.

Okay.

Okay.

That's all I have. Rich, did you have anything to add?

No, I think you guys talked about water running around the drives and stuff.

and i mentioned this a long time in the past i'll just bring it up again it doesn't really affect you but we're always looking for ways to get access to the cemeteries for the township trustees and although it's not entirely within your property there's some way we could figure out to get the trustee back at least that far and you could talk to another neighbor to get

Actually, you weren't able to get to that at all until we started cleaning it up. So you have access to that cemetery from our property, but it's mostly in Wild Rose.

Pardon? It's in Wild Rose. It's in the Wild Rose. But it makes it very difficult. They really didn't set aside, they set aside heat.

Yeah, we actually even put a gate in our fence right there so somebody could get there. And we were thinking of maybe trying to get the Boy Scouts to come help us clean it up if we could get somebody to give us permission to do it.

The trustee, they're always looking for volunteers because they're so underfunded. You know, you hear that from government a lot, but really it's responsibility for cemeteries that are more than 100 years old that are public, are privately held, they all kind of drift into the auspices of the township trustee. It's one of the main jobs they have. But it makes it even tougher when they try to figure out how they can access, because a lot of times the last burial took place 100 plus years ago.

1955, somebody married their dog named Pierre there, as far as I know. There's the only headstone we've ever seen is Pierre.

So that was 70 years ago. Bill, it's tough to get access. I appreciate cooperating with your township trust. Yeah. Their job's tough enough as to make sure that some relative demands that they get back there.

Yeah. We actually had to send a certified letter to the burying ground.

Pardon?

We had to send a certified letter to the center township burying ground. So I'm hoping that comes off the list for this next set. Yeah.

No, it does not. That's why there are different avenues they have and the possibility of going to the south and working with the landowner to the south a little bit too.

Daniel would be happy to let you clean up the area right there.

That's one of the bad things about a lot of these developments, not against Wild Rose or yours for that matter, but they didn't make provisions on their record plats to get At least access to the trustee, if not public access. I understand I'm not having public access. Yeah. Yeah.

And it's easy to maintain now because part of the water management that we have done, we stopped all the runoff in that direction. That used to flood. Almost all runoff from our farm used to flood that very room. So we fixed that.

Thank you. Anyway, I didn't have anything else.

I have a question.

I'm looking at your site plan. So I see where it says farm stand accessories. So that's your accessories.

Yeah.

And then gravel parking area also says accessories. Is there a department?

Oh, no, I'm just saying it's my definition of accessory is it's something that's not directly related to agriculture. Like it's not the primary use of the property. It's an accessory to the property.

In the open lawn area. Twelve.

We have the ability to go up to about 20.

And so they just are parking on the lawn?

Yeah.

Okay.

Do you have electricity that they can use?

No. No.

How many cars can you fit in your gravel parking area?

Probably 20, well, probably 30. 30 to 40. Okay.

And do you feel like you have your events in?

Yeah, we've had things fill up to the point that we've actually had some of the vendors who brought a secondary vehicle for their spouse or whatever. We had them park on the 154 Johnson property, which we also own.

And I'm glad you brought that up because typically BCA will be asking about hours of operation, lighting.

Those things you can think of.

I don't need the answers, but I might.

10 to 3 Sundays, 26 weeks a year. Yeah, it's 10 to 3 on Sundays.

Just have that in mind, and by even submit that lighting noise, one of the things we're very careful about, we don't want our sheriff's department out there taking people for parking along Calumet.

Oh, yeah.

and be careful of your neighbors on Johnson, which you're one of them, but you tend to have people with overflow start parking every place.

We have an overflow location on our property, so we just have them there.

Diamond Avenue is where I see people that might just get out of their car and just abandon them. It's unsafe. The other issue that comes to mind is any signage that you have and what the county requirements will be for permanent or temporary signs.

Well, we have a grandfathered sign.

It's been there for over 100 years. Oh.

Yeah.

Well, that's not for, this is informal, so you're prepared for their question. And Susan will have more input on that and hopefully have a picture of the sign for them.

Well, I mean, it's historical.

It's been there since 1890. Okay. If I change my mind, the Porter County Museum is asked to have it, so we would have to get to them. Yeah. No, I'm not removing it. It was part of the reason I wanted that property.

important to the county well it's also you have control over it since you're the neighbor yeah and that's what I tell people a lot just if you want to control it own it and then you know what's going to happen with that property so it doesn't really negatively impact you for your purpose so neat anything else good for the cause

Okay. They are portable buildings.

I don't know if that makes a difference or not. No. Which it is. Okay.

When we had the other meeting, I said that they were arriving, what can I do? And they were like, you do this. And I said, I can't, I don't have a permanent instructor. And they were like, oh, you're right. So, I mean, I couldn't do the permit anyway.

So that's. I appreciate you coming in. Informal, so we don't need a motion. Good luck with BCA. I think you'll be fine.

Yeah. Okay. Thank you.

Thank you.

Next.

You gotta wait. Be patient. Motion to enjoy the tomatoes.

Next case is BO2026-13, Michael Satosky. This is also an informal review of a zone of seven lots to residential lake district to allow construction of one single family home. Thank you. Will you introduce yourselves?

I am Michael Satosky, 836 Elm Street.

Owen Satosky, professional engineer for HW Locker, 286 West Johnson Road, LaPorte.

I am seeking the approval to rezone from our four multifamily units, which I really don't have an interest in at this time. I'd like to zone the RL, which is what the entire community is over there, to build myself a home. And you're very specific about one home. Five years from now, I might want to build another home. So I don't want to be limited to just one home on the seven lines.

And I should mention the current zoning is R4 multifamily. You're basically asking to downzone the 1.38 acres.

To RL. Sounds good.

If you have nothing else, we'll start with.

David. All right. I'll start off with Dan Boyd not being able to be here. Dan Boyd provided a message this morning with his comments related to all the projects. And for ZO 2026-13, Michael Satosky, he has no comments or concerns. That's from Dan Boyd, Porter County Health Department.

Can I ask, is that because they're going to, are you doing the El Frasier Lakes Area Conservancy District wastewater?

The wastewater will be that. The The city water will be coming from Valparaiso. It actually is on the property. And I've got approval from both.

Okay, that's where I was going. Because Dan typically is making comment on septic field. But if you're not, there's no septic field or well. No. Then he has no comment. So thank you for.

Yeah, he got off pretty easy today. Three out of four comments or concerns. Mr. Swiatoski actually visited our office for a pre-application meeting fairly recently, I think it was in the last two or three weeks or so. So we've already reviewed quite a bit of his request within our office. For the record, I would just state some of the things that we discussed. You already mentioned this, that there were certain parts of the site that you would be looking to avoid, like the wetland areas that are within the lots that you own. Should you accomplish the rezoning and when you go to seek the, you know, the homes, obviously you'd be focused on your elevations that you need to hit, especially considering water in the area. So you would just be mindful of elevations during your design. Our office would review in more detail at that time when you actually had a defined site plan that you were submitting to the office. We would be looking at it at that time. But as we discussed, the rezone was kind of your step one in this process.

outside of that at this point since we're just talking about a rezone i wouldn't have any additional commentary at this time thank you mr highway engineer mr popchick um i mean it looks like you're gonna be accessing on the secondary road they're not on burlington beach charles street charles street correct um no i really don't have any comment at this time other than maybe uh At the time of driveway permit, we'll just be looking for a path of water in the area to see if you'd need a culvert or whatever the natural surface flow of water is going to be in that area. That's about all I have.

And I might suggest you take a look at our county GIS. Look at the topography if you don't already have a topography. That should give you a good idea of what your flow paths are. And it's available for free online, so Yeah, three of them. We'll put them to work. I didn't know if he was aware that we have pretty robust websites.

Yeah, yeah. Maybe the proximity of your driveway proposed, just confirm that meets our offset requirements for your proposed zoning. That'd be in the future just to give you a heads up, though. I see you have a layout that you like. Got to make sure that our driveway can work with that whenever you submit for that permit. For sure. That's all I have. Thank you. Rich?

He was.

That's my goal is to make a park-like setting with homes that increase property value. I don't want to lose money, right? My question would be, R4 states in there, and I know they gave me the definition, but it says single-family attached dwelling. Why can't that attached dwelling be an attached garage? Does it have to be multi-families attached together? It specifically says single-family in R4. Is all this even necessary? Susan.

You did. You did. No, I do not want a common wall. Right.

It's just vague. When it says attached, could that apply to the garage being attached, single family attached garage?

Well, that's why I sent you a definition.

OK. And can you, is there a variance that allows you to build something under multifamily, just not up to multi? You know, let's say RL. I can't build a multifamily, but since I'm zoned multifamily, would that encompass everything below it as well? A lot of times...

They did. So you're telling me I could just apply for a variance? It's still a public hearing. It doesn't save you much time.

No, that's why I did this because now I remember that was his point and it was a good point. Just get it done. And that's why I wanted to make sure. I don't want to be just labeled for one house on these seven lots.

It's one parcel. Yes.

For now.

That's our rule forever. But if you wanted to split those into a replant, you could do that. Yes. And that would be the subdivision process that you would have to go through at that time.

So those are plotted seven months right now.

But they've all been combined, so now you just have one part.

Okay.

But you can possibly consider a replant in the future. for two houses or whatever, however many fit the ordinance. Okay. Because they're relatively small lots, you're not going to get a lot of lots per house.

That's why I want to be RL, setbacks are a little bit less, and that's what they all are. Okay. Well, then you're in the right place.

Yeah. Yeah, I think you're giving good advice because from a plant commissioner perspective, it's a little bit quicker and clearer, and The Planning Commission will like the down zone aspect of it. I think it's favorable. Okay. I can't speak for the rest of the Planning Commission. Sounds good. We'll see how we go. But I'm optimistic that that should cover you. I don't really have anything else with this. Rich, I was going to just mention to him to be aware of the MS4. Now, is it going to be Porter County MS4 or the Lakes Area Conservancy District MS4?

If it's the Lakes Area Conservancy District, it'll be LAC.

They will be, but you just have to be very careful of getting mud on the streets. Otherwise, you have to answer to Porter County Highway. Make sure you have a construction plan pad and have a whole erosion control plan for the site. Yeah, and you don't need to do the state for more than an acre would require Rule 5, but I don't think you have an acre here.

It's 1.38 acres.

It's 1.38. I stand corrected. Pardon?

That would be all seven. So if you're not disturbing more than an acre, then you wouldn't have to go.

Right.

Sounds good.

We just want to make all that clear because... Sometimes when they take that whole plot and they just redo the entire lot or whatever, taper it down to just building in the house footprint, you're dealing with enforcement from VLACD, not us, but our concern would be more with highway.

That's good advice. Thank you.

A question for Martin. I wrote down here just roads. I know Burlington Beach is maintained by the county.

Correct. In this area, yes.

The other two roads on either side are the same service.

Charles, I believe we do. Yeah. I can go. I thought we did both.

I didn't review that prior to this. That's different. Yeah. These were actually dedicated roads.

Because they're part of Heat Banner and they were dedicated right away.

Where the other infection... Yeah.

But as far as highway with the roads, we have the dedicated right away. Rather than these ones. And they're part of your inventory, I'm pretty sure.

Double check. Please do.

If not, I think we've been running scope losses on them.

That wouldn't be the first time. No, I know. It's John on the other side?

Yes. Yeah. Okay.

Yeah, Charles, we repaved. I know that one's in our maintenance. Yeah.

john is as well bullfire so yeah burlington beach correct i just have one last question are you related to kent stotsky yep he's my brother very good yeah my opinion a good contractor so uh anything else from this group

Do you have any questions for us? I had these papers taken upstairs and they told me maybe to hand them to Monica down here. Is Monica here? Monica's not here. Yes, she is.

Don't give her up. Stand up, Monica.

Thank you.

That's intentional. You don't want to be called into it.

You made it an hour and 37 minutes behind the scenes. Okay. Thought you could hide. Right. The whole line of the last case has been discovered.

Okay.

10 days prior bringing the green slips right okay we'll see you then thank you if you have no other questions i'll ask for a motion to adjourn motion to adjourn