Plan Commission - Regular Meeting

Good. Thank you. You know one thing I can say about this thing here. It's actually the subdivision here. This is existing. This is Tusk. This is the school and this is the bridge on the other side. What's that? report. Excuse me. May I have the Excuse me. Hello. Excuse me. Anybody wishing to speak on the three cases. There's signup sheets here if you wish to speak during the public hearing portion. So, if you're here for one of the three cases, uh please come up and sign in for speaking. That's basically you hear what you mean about this entrance here for the most part not people. I'm a paper guy. No problem. It's difficult. I love paper. We're all too age, you know.

Are they all the same? They're all No, they're all different. This one is for the other This is saying that this is about this neighborhood. We're not sure which one is which. Case number and I'm not sure. We're trying to figure out which case number is which on here. Which case are you for? Um well, one is just around about the Diana subdivision. Regarding the sidewalks in the 16 and six and six is the sidewalk. Yeah, 16. I want this one. What about you? Which one are you looking for? So you want that are you are you worried about the neighborhood? Well, see they want to put sidewalks on my property. So you want this one? We'll switch you. There's connectivity here, right? because you're crossing. Yeah.

They don't call us. One of the things I need to do is pedestrian network. Yeah, I know, right? Huh? It's not. Which one is Look at all these smiling faces. Yeah. Well, this is both of these are actually um on the the east side of 100 West. Okay. Okay. This one looks like it's Which one's the data center? the data center. Last call. Anybody wish to speak on the three on the agenda tonight? Come to the front and sign in. Yeah. Okay. You're fine.

You want good evening folks. I can call the meeting to order and the first item is a pledge. If all stand up, recite the pledge, please. To the flag of the United States of America and to the republic for it stands one nation indivisible with liberty and justice for all. Next is roll call. Kevin Britesky here. Bob Gilliana here. Craig Kenworthy present. Pamela Mishler Fish. Ed Morales here. Craig Redstone here. Luther Williams here. Nikki Wowski, Rick Burns here. Sir, you have a form. Thank you. Next item, I'd like to call the county attorney Scott McClur has a statement to read. Good evening everyone. I believe this is on the back podium. Tonight's regular scheduled plan commission meeting does not include the proposed data center project on the agenda as the product excuse me as the project is not yet ready for formal review because the proposal is under consideration is not under consideration as an agenda item.

Public comment on the data center will be not taken this evening. We understand the community's strong interest in this project and appreciate your continued involvement. However, it is important that the plan commission members remain impartial and fully informed before hearing testimony on a proposal before it is formally placed on an agenda. To make sure residents have a chance to be heard, the county is planning a special community informational meeting focused entirely on the proposed data center. This meeting will be scheduled before the formal plan commission zoning review public hearing process begins. The date, time, and location will be announced publicly once confirmed. This will give residents a chance to hear from the petitioner and learn about the proposal. Offer a forum to ask questions and share early feedback. Be held in a space that can accommodate a large crowd with plenty of advanced notice. Not include any formal action or votes by county officials. In addition to this opportunity for a special community meeting, the public may continue to communicate with their elected commissioners. The county remains committed to an open and respectful process. We value your input and want to provide the proper time and place for public comment. Thank you for your understanding and continued participation. Thank you, Scott. Okay, the first case is B0E2025-12. Applicant is Brenda N. Deal car Christopher E Pasi. Subdivision is Hillrest Park. Locations 5702 Granville Avenue, Verrazo, Spinner Township, Zony's REL Residential Lake District, and request to vacate the East bit between two

parcels. Have a seat and state your name and address first and your request. Hello. Hi. How you doing? That's okay. Take your time. Brenda deal. Uh, speak a little bit closer. Bring that speaker to you. Yes. Brenda deal. Thank you. Okay. 5702 Grand View Avenue. Okay. Alzo. And you're requesting to vacate the rightway. Yeah. Okay. For what reason? Um, encroachment by sheds on. Okay. All right. That's all that's all you have. Okay. So, the shed's on the eastment. So, we understand part of my house that was built in 1989. 1989. Okay. Mr. President, we staff would provide clarity if you wish to assist the petitioner. I'm sorry. We could provide some clarity if you if you can, please. Okay. So, as she stated, the garage of the barn and part of the house it appears from the GIS, not a survey, seems to suggest the rightway was platted in 1914 as you see in the staff report. Um, no road has been built in all that time. Uh, recent discovery is we believe there might be a water man in there. We reached out to Bala Lakes Area Consery District. Uh, you have a letter from them in your on your pile there. Um, it seems that vacation of the rightway would not be the proper thing. The conditions we gave to you in the letter was they need to talk to their other neighbor south because they split the right away if it was to be vacated unless he wished to see control tour. And second, we want a survey, a legal survey, so we knew what the boundaries were of that split. And so in light of the possibility of a

water main there plus VACD wishing to use it for utilities in the future, uh we offer a compromise and I talked to the county surveyor about this as well that maybe we can give them an encroachment agreement to suit their purposes for their financing and things like that. Regardless of which way we go, it would have to be some kind of form of ordinance sent to the commissioners for their approval. your recommendations would be suggestions to the commissioners. Okay. Okay. It's a p public hearing. You want to read the rules of conduct, please? Certainly. Conduct hearings at a public hearing before the commission. Petitioner and proponents shall first present the facts and arguments in support of the case. Those who post oppose the petitioner shall file. The petitioner shall have revoke. It shall be within the discretion of the commission to pose any time limitation either the petitioner or the respondent and to limit public comments to those determined by state statute to be interested parties. Written remmonstrances shall be accepted by the commission but need not be read into the commission record. This then concludes the public hearing. To maintain orderly procedure, each side shall proceed without interruption by the other. and presentation of a case. The verd shall be upon the petitioner to supply all information necessary for a clear understanding of the problem. The commission may continue the hearing with its judgment petitioner is not provided sufficient evidence on which to make a determination. Every person appearing before the commissioner shall abide by the order direction of the president. Discourteous, disorderly, contemptuous conduct shall be regarded as breach of privileges of the commission and should yet be dealt with as commission commission and to answer that you did and all the commission members received all written correspond if any prior to

okay thank you just for clarity another clarity question just came up because the petitioners ready to sell their house is that is that correct correct and it just came up okay again it's a public hearing anybody Anybody want to speak in favor of this case? In favor? Seeing none, anybody want to speak against or have any questions on this case? Seeing none, I'm going close the public hearing. Luther, uh, do we know for sure that there is is or is not a water line uh in that I guess easement in the space? We we called the place to have them and mark everything, but nothing was ever marked. Like the next go out there 811 the 811 and there was no flags of any marking over there. I think I think Mike, you just shed a little bit light on this. What's What's the plan? They're going to come out and and and survey it. Well, the Valpa Lakes Area Conservancy District seems to suggest they we found a map that showed an old water man in there. We don't know if it exists or not. Second, they I think there's a letter I left on your desk space from BAC. Did I not? And they said they they would like continued interest in that right away. So as they do their water system and sewer system that that be available and maybe Kevin can shed some light being a surveyor that maybe a better approach would be to offer an encroachment agreement so they can tidy things up and that's what best with my importance of having this available for future uh utilities or for the existing utility for you and your neighbors is

pretty important uh with a consent to encroach we would do it for the existing building and the pertinance uh at this time. So just for clarity it's it's right away not easement it be a violation of the easement order and that'd be easier to resolve. However because it's right away the utilities have expectation for continued use and I think we can resolve your issue with up to approach. Okay, Red. Any questions? Uh, yeah, great first meeting, by the way. Thank you. It's my first meeting. I was the council appointee, so this is the first meeting I come to. So, uh, this is a good one. Um, I do have a couple questions. I read through all my materials. Um, I didn't get a chance to go out to the subdivision today. I was running work. I just got the materials yesterday. But on the vacation, so that was platted out. Was that originally going to be a road? Well, I think an alley alleyway or utilities. So my so my question is is the the utilities there has to be title work that says that it's so it is utility ement right now. No, it's not an ement. It's actually tit right away that's dedicated to the public on the plan. Okay. So if it were a utility, the land owners would actually own the land. It's subject to easement. In this case, it's actually property that the public owns through the commissioners was a deed of dedication. Okay. I guess what I'm trying to say is I've, you know, I've had pipelines run through property. have had barns and you know when they had the reasons it's it's my I bought a barn no one knew the farmer moved the post and my barn was right on the pipeline guy

tells me hey by the way your you know your barn's on the pipeline they can get pretty you know they're serious with those easements is that one of those is that one of these easements here that we're looking at or no like a utility easement where from here to here they're going to be strict and say if we have to move that shut. She's going to have to move that shut or Well, because it's right away. Yeah, they they could do that, but usually the utilities look for ways to work around or do their construction not to impact impact that. So, with your suggestion, would that help alleviate her being able to I mean, would that help her sell her house? Would that give her people a little bit of comfort? Well, I think that's probably about the only way to go because our utility says they want that to be protected. If I may say something. So, the person that's interested, she was freaking out because she's afraid she's going to wake up one morning and they're a bulldozing it and they're going to build the road. And I told her, "No, that's not going to happen." And I said, I promise you that's not going to happen. Where's it? There's nowhere for it to go except the lake. Right. Correct. That kind of dead ends behind you in both directions. Right. Well, no. Right. And as far as I know, those are private roads behind you. They are. The county is not going to construct it. And I mean, she doesn't plan on building anything either. It's just, you know, she just didn't want to wake up. And they're building a road out there. It would take permission from the county commissioners that they're going to construct something within that. Okay. Okay. Let's proceed. Okay. That's it. Right. Yeah. For right now. Okay. Great. My my greatest concern is uh when you called

the locates, they gave you a number. Locate number. I wasn't even there when they came out. Who called in? I called 811. Did they give you a number? No. They did not give you a locate. No, because usually when you call in locates, you get a locate number and they come out whether there's utilities under the ground there or not. They will mark the ground. This is this is my concern. It's not so much my concern is where that water man if it does exist where it goes through at and how far into your property it may be. So without knowing that or if it's there or not, where And I I don't know this where we give the easement or whatever that you're you're relief you're talking about to them and know that we're in the right area and we're not saying we can use this now all of a sudden you got a water sh that's that's my that's and I don't know if that's part of the thing here but mark in our actual yard they didn't mark for the the rightway that we're asking That's they're saying that there's nothing there. They they did not mark a branch going through that. They put flags in our yard the ground and a few marks, but it was within our current property, not anywhere in that. Okay, that's my concern because if they're if it's there concerned about they did mark it and they they were out there and did not mark it then. Okay. Yeah. No, they did it in our property. Okay. That was my that's my only concern. Bob, I have nothing right now. Commissioner, no. I mean, uh Craig answered what I was going to ask. I mean, was there a pipe there? You know, so at this point, uh it doesn't appear to be. Um, and I understand they want to sell their house

and the new owner wants to feel comfortable uh with what's going on here. So, you know, I'm just waiting to hear what what's the right step to take. What what direction you want to go? I I I think the direction is continue the case. Is that correct, Bob? Get we were talking over here. Maybe a suggestion is that you can approve based on certain conditions. The first condition is get act make sure it's accurately located for any water means we can work with them with the utility and second that they get us the legal description describing something that would be a document for an encroachment agreement and if they pass step one they can go to step two. I think that would satisfy the case. Okay. Good. And then that would be a recommendation for commissioners. They would have to get that all done before for the commissioners. I I do have one comment. The shed that's there, could that be moved to solve the issue out of the work? You can't clearly see it in this picture, but I mean, yes, it can. But I was going to ask how was that able to be put there in the first place when we had a permit? So, they had to have done a survey or whatever knowing that this was going to be an issue. There's landscape. I mean, big boulders all around it. Boulders all around it. Could it be moved? But the office does not do the survey for your accessory structures. You know, for the house, we take a very keen interest in. But it's the burden of the homeowner to make sure that they know where their property lines. So, am I seeing the house? The house on it. Is on it, too. That's my question. When was the house built? 89. 89. Yeah. And to be clear, as Mike pointed out, the GIS

isn't exact. Could be several feet off, right? But typically, you know, it's close enough that it's Yeah. They're concerned and they really need to have a surveyor go out there and verify its location. At the very least, get a survey location report. But actually, a boundary survey would be better because what we're kind of suggesting or we're suggesting you do uh have somebody do a legal description for for the shed and house if there is an approach. So that make those separate cab you want to make a motion? Yeah, I'll make a motion that uh well, we would be denying the vacation, making a recommendation for denying theation first of all. So, would that should we make two motions? Scott, can attorney can I make two motions? We can make two motions, but let's start with the approval motion first and then move to the agenda item if we're not going to be approved as on the agenda. Thank you. Okay. So, a motion to deny the vacation. No, no. Let's start with whatever motion you're intending to make to approve and then we'll have a second motion to clean up what's remaining. Okay. Uh, I'll make a motion that we uh recommend consent to encroach for the uh existing buildings, the shed, the house, and anything impertinent to them uh within our uh rightway have a legal description prepared by a land surveyor specific to

those for the consent uh to encroach agreement. Okay. Do we have and if I if I'm suggest add to that motion to also verify with the utility. Yes. Well, okay. I'll add that to the motion to verify the utility specifically the water company but any other utility that may be there because there's a second agree. Yes, I'll second. Okay. We have a motion a second. This ballot vote enforcement. Yeah. And for the purpose of the discussion, when you call the 811 locates, it sounds like they just understood for the front of your house, you've got to identify exactly where you want. I did get the get your locate number. They'll give you a number that we can verify that you get. But regardless, water company wants them right away for their purpose. This is since this is a recommendation, we don't have the ballots specifically for that motion. We have it for the others. We can do this as a voice, Mr. President, since it's simply a recommendation to the commission. Okay. So, call the role. Kevin Britky. Yes. Bob, yes. Craig Kenworthy, yes. Ed Morales, yes. Red Stone, yes. Luther Williams, yes. Rick Burn, yes. Passes 70. Thank you. Okay. Well, I'll make a motion to deny the ease by Kevin. Do you need a motion to deny? Yeah. I'll make a motion to make a recommendation to deny the vacation.

of the right away. Do we have a second? A second. Okay, we have Do we have a second? Vote. Yes. Rick Burns, yes. Luther Williams, yes. Brett Stone, yes. Ed Morales, yes. Craig Kenworthy, yes. Bob Gillian, yes. Kevin Britky, yes. Motion passes to deny 70. Hey, thank you. Okay, I'll shut you. You're welcome. Okay, next case DW2025-16. Applicant is Heaven Haven Holdings LLC attorney Todd E. Leath Law Firm. Location east side of 100 West between State Road 2 and Carile Lane Brazil Center Township Zonies R1 single family residential district. request to wave the Bibbon external pedestrian network standard outline in ordinance 7.23C of the Porter County UDO unified development [Music] orders. All right.

Good evening. My name is Todd Le. Uh I'm the attorney for the petitioner in this matter. I'm joined tonight uh by uh Doug from uh TVG team uh who is the design professional for this project. Uh we're here tonight to talk about two things. I'm going to talk about them both. Uh design waiver that leads into a primary plan for a subdivision. Uh there's two cases on your agenda. We'll we'll uh present both and then you can consider or vote on them separately. That's kind of the way we've done that in the past. Yes, sir. Um, so with that, uh, let me kind of walk you through, uh, what we're here tonight for. Sienna subdivision is 76 lots. It's on just shy of 39 acres. Uh, the project is served by Valpreso City utilities both for sewer and for water. So to orient you um this is the subject property the 39 acres u I'll another slide that's going to help us a little bit the zoning is R1 under your zoning classification as you can see uh with the exception of the blue parcel which is the Valparezo uh elementary school on Havlin Road Elementary uh pretty much everything around there is zoned R1, the red, uh, up on Highway two, uh, to the north and west of us is Reed's Nursery. And so to orient you again, the red box is our 39 acres approximately. Tuscany subdivision lies to our east. Emerald Ridge is on the opposite side of County Road 100 forms our western boundary. and the school you can see

from the aerial is there as well. Two approvals we're seeking tonight. First is the the primary plat for that 76 lot. Uh and then the second request that we have is a waiver, a design waiver, feels like a variance. Um it's a uh request to eliminate the requirement to have a sidewalk along County Road 100 West. not for any sidewalks within the subdivision. We're going to build uh all of those throughout just as the code requires. We just don't want to build a sidewalk along County Road 100 West. This is the subdivision plaque. Uh and you can see our internal uh roadway. Uh again, the western boundary is uh County Road 100 West. That's where we're asking for the relief. Sorry. This is this is a photograph of uh County Road 100 West looking north from the entrance to Emerald Bridge. Uh and we're going to have an entrance there on the right. That's our property. Uh you can see there's no sidewalks anywhere including along uh Emerald Bridge. So when Emerald Bridge was built, they didn't put sidewalks on uh County Road 100 West either. Uh so we we would like relief not to have to do that. back to our subdivision. Uh with that said, uh not doing the uh sidewalk on County Road 100 West, everything in this subdivision, all of the geometry, all of the lot sizes, uh all of the design standards that the DBG team has has put uh in onto this uh plan comply with 100% the unified development without any

variances or anything. again save that one asking for or design. As you all know, um, when we file a petition, uh, DBG has to, uh, submit that to the county engineering department, they took four reviews to work out some of the questions, make sure that the engineering department here, the storm water management team, was satisfied, that all of the drainage, all of the geometry, all of the details were to their liking and consistent with the code. And this letter dated January 17th of this year says that uh it's an okey uh if you will. And u this is the magic letter that tells us that we're to come here and have this public hearing. So again, it meets all of the criteria of your code. So with that, uh Doug and I are happy to answer any questions that you might have or that those that come from the public hearing. Thank you. Okay. Well, as you know, it's a public hearing. Anybody want to speak in favor of this case? In favor saying none. Are you in favor? Okay. Okay. The microphone's there. If you can stand up, state your name and address first. Right in front of you. Right there. Yes. I have no objection to the Okay. Your name, your name and address, please. We're recording this. We have to hear everybody's name and address. My name is Dorothy Krauss. I live at 2051 Carile Lane. Thank you. Just right across the street from Haven. Okay. And I have no objection to the design waiver to wave the minimum external pedestrian network standard. However, when I was

talking to uh Michael Jel, he mentioned something about putting sidewalks on my uh car and one west and I would have an objection to that and that's under uh ordinance 7.23 23 C sub3 and it says generally all required or paths shall be located inside the right of way of the perimeter street but if utility poles trees or other physical characteristics dissuades or complicates installation then the sidewalk or path may encroach into the perimeter landscaping parenthesis common area. I want to make sure because Okay. Sidewalk would be put on my Okay. Your your questions will be answer at the end. So, you know, ask your questions maybe answer later. I don't know how serious these attorneys are in pursuing that matter. I can go further. Okay. You have an answer later. Okay. We're going to get everybody's questions and then you have answers at the end. So, you have any more questions for it? Well, continue with my uh with my uh remarks here. Okay. Uh and I'm talking about the proposed extended sidewalk. This is what uh Haven's developer wants to put a sidewalk on the corner of Carile and 100. This proposed

extended Emerald Ridge sidewalk will not interface with another sidewalk across Highway 100 West. That's Haven's design waiver request not to put in a north south sidewalk along 100 west. The proposed ridge extended sidewalk along 100 west will interfere with will interface with Sienna's roadway I understand called Lam Brusco forcing pedestrians to navigate traffic entering and exiting Sienna. Also navigating the traffic entering and exiting Carile Lane. This proposed sidewalk will also be in the right turn lane for vehicles exiting Carile turning south onto Highway 100 West. Uh if Haven and Porter County are endorsing that a sidewalk is safe at that location for pedestrians to cross, I would suggest otherwise. Vehicles, trucks, semis speed along 100 west at 60 miles per hour to the point that the Porter County Sheriff has posted a warning sign for speeders. This design waiver submitted by Haven for this proposed sidewalk extension in Emerald Ridge gives a pedestrian, heaven forbid, a family with a baby stroller or wheelchair, a false sense of security that it's okay to cross 100 West at that location. It would be a crossing where pedestrians need to run, not walk. And who bears the liability for this design if someone is injured or killed crossing 100 West at this location? Emerald Ridge, the homeowners, the HOA, the county haven. Already existing on my corner is

Frontier's buried storage box containing its fiber optics servicing this area. Frontier also has a 20 foot utility easement along Highway 100 West. Also, fire hydrant storm sewer. Great. That's all I wanted to say. Okay. If they're not about it, that's fine. But if if they want to use uh my corner, my corner is private property. It's not common area. Okay. I would object to that. Okay. Thank you for your comments. Anybody else want to speak in favor? In favor? In favor? No. Okay. Next. Okay. People that want to speak against or have any questions? Yes, sir. Uh before we get How many people want to speak tonight? Raise. Okay. I'm gonna put two minute limit on uh speaking otherwise we won't be here very very late and two minutes. Thank you. State your name and address, please. My name is Stephen Green. My address is 1455 Trapzo Bay Drive, Valparezo, and uh that is in the Tuscany subdivision. Okay. And my first question is, the way I read this map, there's really only two exits and entrances into the subdivision. The other two that look like they're exits are really closed off roads. Is that correct? That's my first question. Again, your questions will be answered at the end. Okay? If that is the case, you're creating a very dangerous situation only having two entrances and exits out of that subdivision. The main one being Tuskany subdivision because if all those kids that living in that one subdivision go

to Havlin school, there's going to be a traffic jam all the way up in Tuscany subdivision getting those kids to school. There's already a problem with traffic. As when school opens and closes, you've got cars parked all the way in the subdivision trying to pick up their kids. There needs to be much many more exits from 100 West um in order to safely get those kids picked up and from school. Okay, that's my comments. Okay, thank you. Yes, ma'am. We did have one individual, William Johnson. She she's right. Okay, you're fine. William Johnson, 2855 Cameron Place, Valero, Indiana. I live the second house in Emerald Ridge on hard west. You need to put either a stop sign there on Carile because like Dorothy said and cars go 60 to 70 miles an hour down 100 west with everybody flowing out of that sub that new subdivision. It's going to be a traffic jam in Emerald Bridge also. So, also they've already put a dirt mound right behind my house. When is that going to go away? I mean, kids are using it to go down bob sledding. There's motorcycles going up there. What does it take? I don't

understand it. That's my comment. All right. Thank you, man. Miss you must race. Uh Lindy Walton. I'm from the Tuscany neighborhood 1453 Tpo Bay Drive. Um first, can everybody from Tuscan stand? I'm probably going to speak on behalf of all of them. Um hopefully this will eliminate some of the people that need to speak. Okay. So, dear decision makers, community leaders, we the residents of Tuscany would like to express our heartfelt gratitude for the opportunity to voice our concerns regarding the proposed Sienna subdivision. Our neighborhood is home to many active families who deeply respect and enjoy the peaceful environment we have created. We cherish our close-knit community and its safety, and we are excited to welcome new families to the area. However, we feel it is important to share some critical concerns about the potential impact the connection to the Sienna subdivision could have on our community, especially in terms of safety, traffic, noise, and property values. While we understand the inland for growth in 2007, Pavlin Elementary School did not exist at this time, nor was all of the land for the school owned by the school corporation until 2015 negotiations. The addition of the school after Tuskany's existence has changed the dynamic of our neighborhood. It created a heavily desired destination within the community right at the entrance of where we live. This brings me to our first concern, which is the safety of our children. Tuskanyany is home to over 40 children who attend the local public school system. The majority of these children walk to the elementary school. Due to the lack of bus transportation, walking is their only option to get to school. Our children range from kindergarten to fifth. They walk daily as part of their routine. Some of these students walk directly on Havlin Road to attend school. As we have no frontage sidewalk, we would like one. During these commutes and in the

afternoons, drivers in our neighborhood are extremely alert and in anticipation of children running off sidewalks, playing at the streets, darting across yards. The introduction of additional traffic from the new subdivision would increase the risk of a child or pedestrian injury significantly. We anticipate through conversations with families that we know in Emerald Bridge that both Sienna families and those living in Emerald Bridge will use Tuskanyany and Sienna to commute through the neighborhoods to get to the Heavlin School. This doesn't work out for either community. The traffic demands from Heavlin School in our area had an impact so great that they actually changed route two to accommodate traffic. We feel Tuscanyany will be the next location of Alreszo looking for traffic control and remediations if these neighborhoods do connect. With the increased traffic will come noise as well. We are a quiet, peaceful neighborhood with little outside traffic. The increase in cars would not only pose a safety risk to the children, but would bring a great deal of noise that disrupts the tranquility of our community. Many of our families, including mine, chose Tuscade for its peaceful and quiet environment. We need little to no police presence in our neighborhood due to the incredible or incredibly manageable traffic and little to no outside disruptions. We have two entrances both on Havlin Road. This makes our community less desirable to drive through because you're not going to get anywhere. The other concern for some of the residents is the potential to devalue our property. Tuscan is a mature neighborhood with established homes. Some home prices value at over $700,000. Our residents and HO8 work hard to ensure that our neighborhood holds its character and value. We as homeowners have invested significantly in our properties. With increased traffic, noise and the connection to a lower quality housing development, this could lead to a decrease in our home values. We have a right to protect our investments and any alteration to the character of our neighborhood, particularly one that brings more traffic and changes the peaceful

environment that we move here for wouldn't have detrimental impacts. The construction traffic and wear on our streets is a concern. If you drive through Iron Gate right now, you'd see what I'm talking about. Their streets are covered in mud and debris. Uh nail in a tire might seem insignificant to some, but in a family vehicle, that's your only transportation. You know, that's a cost that that family can't have. But the last thing I would like to propose is we have alternatives that we would like to suggest that we understand the growth is inevitable and we urge the decision makers to consider alternatives to connecting our streets to Sienna. We request that only the sidewalks be installed and connected between the neighborhoods. This would allow Sienna children to walk to school safely without increasing the street traffic. It will deter Emerald Bridge families from entering both Sienna and Tuscany on their route to school. Valera will not have to provide transportation to the families if the sidewalks connect, which would cause no additional monies to be spent on school transportation. We could also explore the option of a walking path directly from Sienna to the backside of Heavland's property where their kids can, you know, have a shorter distance to walk. And that's pretty much it. Thank you. Thank Thank [Applause] you. Anybody else like to speak? Thank you. Um, I'm Mark D. St. Jane. I live at 2756 Ponita Drive in Tusky. Um, Lindy kind of nailed pretty much everything for us, but above anything else by far, this is about the safety of our kids. Um, I mean, you're taking a a culdeac type of and open it up to Burrow Bay. I would ask anybody to go over to um uh Essex Park or Heritage Valley and

ask them about the safety because those rows are just complete passives. I'm guilty too, but people pass that nonstop and the safety issue is enormous. We have just under 80 homes. We're not open that up to Sienna. We're opening up 300 homes among two subdivisions to pass through our neighborhood because it's 225ish in Emerald Ridge 76 in the new proposed subdivision. Um, that doesn't include all the other ancillary areas around there or I'll drive all the roundabouts. There's not there's a lot of people that don't want a roundabout. What about all the other people that deviate the roundabout and cut through there just because they don't like a roundabout? Um, it it's it's scary how much risk is added to our kids. That that's a lot of traffic and we are a gold sack. That's kind of what our neighborhood is. And it also will depreciate value because that benefit's no longer there. You know, they have so we have cutting roads. I don't see why they need to use because Sienna's got two cutting roads. They have one in the north, one in the south. Those aren't to be utilized. Why does ours have to? I agree with Lendy that we just run a sidewalk through and there has to be another airway to go in and out. We have two entrances on our main road on Heinland. They can have two entrances on a 100. But to run through our neighborhood like that and allow that for our kids are 50 plus kids that are in school age in our neighborhood. 50. We have just under 80 homes. Um, yeah, it's uh it's scary as a homeowner to think that that would open up and be allowed to have 300 plus home just among two subdivisions. So, um, I think that's it. Anything else? All right. Thank you. Appreciate it. Thank you. U, what what's happening here is the

first case for Haven Homes is a design waiver. The second case is the primary plan. Yeah, the two are getting mixed up and talking with the county attorney. I think you need to let the record reflect that this hearing hearing both at the same time. Both at the same time. So if if the if the president wishes that to happen, please I'm going be read the read the second case which MJ2024-6 applicant Haven Holdings LLC care of attorney Todd Alaw firm location east site of West between State Road 2 and Carle Lane operates on Indiana center township zonings are one Old Destiny single family residential district request primary plan approval for standard major subdivision a 76 lot single family development. My name is Megan Monacher. I also live in Tuscanyany. I'm at 2859 Bonita Drive. Lindy and Mark have touched on everything that we are concerned about is the safety of our children. I have a 5-year-old and a seven-year-old that ride their bikes, their scooters. We're talking about our most vulnerable age group on the roads every day to get to school because they depend on it. They don't have bus service. And they're also the kids that do not have street smarts, crossing the streets, being alert. It's scary. I just want to say that I don't see how not connecting these streets could not be a benefit for this developer and how it could not show that they care about not only the safety of our neighborhood, but the safety of the kids in the Sienna neighborhood as well because it won't just be Tuscanyany being a drive-thru neighborhood. This new neighborhood will also be drive-thru. And we're worrying about all of those children as well. The

neighborhood will be just as large as ours. We're talking about a hundred kids trying to get to school through this neighborhood. And I just don't see why not making sure that we have a direct access route for those children on foot that does not involve speeding cars um through traffic could not be a benefit for selling to their potential buyers. Okay. Thank you. Anybody else want to speak? Hi, I'm Donna Mo. I live at 1854 Callaway Court. I am going to address drainage because when Emerald Ridge went in, they told us there would be enough drainage there wouldn't be a problem and for two years we had water flowing across 100 West through Betsker's farm back behind our cult and it ends up in a small pond that does have a discharge. Now that pond is now grown hugely in size even though Debbie has put in a larger discharge pipe and it flows right through that property to the creek. You fill that drainage where you're putting all that you're sitting there shaking questions to us. Okay. The other thing is is at least every other week I see the county sewer department out at working at Emerald's Ridge's lift. You're going to put all of that more into that area. What's going to happen? It's not coming into my septic tank. I can tell you that. Thank you. Okay. Yes, ma'am.

Hi, I'm Eric Miller. I also live in Tuscanyany, 1261 Firanda Drive. Um, I've lived in Tuscany for 15 years. I have two children who are 15 and 13. They've been um able to enjoy a safe and quiet neighborhood. It's the only home they've known. Um, and I can I can say that what we're asking by by not allowing this traffic to go through is in a it's no inconvenience to the new residents of these these sub this subdivision or memo bridge. Um, and but what it is doing is preserving the safety of of these kids that live in in our neighborhood. So, you know, we really ask that those in the authority um consider really, you know, what what um what we can do here. I have also watched the Heritage Valley neighborhood really fight for the safety of their kids um as that throwaway can take us very easily from where we live to straps and and those um areas over there. We've watched them put the flashing speed signs. Um there's just been a lot of of fighting that they do for the safety of our of their kids. um we have that safety and we're just looking to preserve that and not have to fight for that. Thank you. Okay. Thank you. Hello. Uh my name is Alex Meister, also in Tuscany at 1351 Venish Bay Drive. And I'm going to echo a lot of the comments uh just get specific about you know what this looks like on a day-to-day basis. Right. So I've got two boys, one seven, one 10. when the seven-year-old was going to kindergarten last year, we found out when he got to that first day of class that not only was he in that class, but another uh six-year-old boy at that time next door was in the same class and another across the street from us and another next door across the street plus a six-year-old girl through our backyard. That's a quick just image of what it's like, right? Which is to

say all these kids are running across the street running through yards every day, all day. Certainly during summer, certainly on weekends, but during the weeks, You know how it is when you start driving a certain way when you learn the fastest way to get somewhere. Regardless if you started going that way to get to school, you continue going that way to get to town, you continue going that way to get to the grocery store, wherever else you might be going. If we let again, not only the new 76 homes of Seattle, but also the as as Mark was saying, 220 plus homes, that's a very small portion of the ridge that is on these screens, all get used to going that way. If anyone else might live further down 100 or over on division, any of the folks that might find this way of getting around Route 2 a little bit easier. It is going to become the way of life for far too many folks, not just on school days, not just in the mornings, not just in the afternoons, but on weekends, over the summers, over Christmas break, etc. to drive that way. We're not going to be able to let our kids run across the street just go biking around the block, play catch, play basketball in the stub in the stub um culde-sacs, etc. That part of our neighborhood was gone and that's part of what brought us to that neighborhood. We wanted that for our kids. I know my neighbors did too. So, I think the suggestion of allowing sidewalks through so our our kids in our neighborhood can make friends with the kids in the neighborhood. That's terrific. That's perfect. But let's not add auto traffic to what is uh you know really right now. Okay. Thank you. Hi, I'm Jan Stenham. I live at 2955 West. I'm at the corner at the top of the hill at the proposed subdivision. Um, I have some concerns about the storm

water. I brought pictures along of what my yard looks like whenever it rains, when the water flows down. Water flows down the road, my driveway, and right into the field out of my of the yard there. And I noticed on the drawings that there's a proposed looks like a burm with trees on it on the 30 foot easement. And I'm just concerned that where's that water going to drain because it drains right into the field. And my family's been there since the se 1975. So it's always drained that way. Okay. There's actually like an underground creek that runs underneath that field. I've been out there and played out there my whole life. So Okay. Thank you. Anybody else want to speak? Okay, see uh seeing none, I'm gonna turn back over to attorney. Uh thank you very much. Um thank you. I'm going to try and uh rather than address each uh comment kind of group them into topics. Um so the the first one has to do with the the crosswalk. um at uh Carlile and our entrance on County Road 100 West. Um we're not proposing a crosswalk. However, I do know that your staff report has suggested and staff is recommending a crosswalk there. um that is um to assuage the concern of the uh reduction or elimination of the uh sidewalk along County Road 100 West. So,

because that is our only ask, if you will or discretionary request of of you tonight, um staff is suggesting that there be a crosswalk there to which we are not uh objecting to that condition, but please know the crosswalk is not our suggestion and it's not on our plans. Um but we are willing to with approval have that a condition of your approval to the design waiver to eliminate the sidewalk. We will put in the crosswalk as suggested in the staff report. Um the suggestion that we only had two entrances to our uh development um is accurate. Uh we have one on the county road, the main entrance and the connection to Tuskanyany in the rear of the subdivision. We show that um for the second entrance which is generally required by your ordinance. Matter of fact, your ordinance as I indicated uh is met in all respects because of that connection when Tuscanyany subdivision and I represented the developer of that uh many months or many years ago rather. Um when that was platted, this stub road was created to the property line for the very purpose that when this property, the subject property of your case tonight was developed, that this would be a connection to satisfy the longstanding process that subdivisions are interconnected for traffic movement and for many other reasons. One of those reasons is subdivisions require two entrances for public safety

reasons. If our entrance is blocked on County Road 100 West, for example, a tree falls during a tornado and there's an ambulance required to our uh 76 residents, they can't get in if there's no second entrance. So, that's one of the reasons why your code requires two entrances to subdivisions. And we have We designed the subdivision to comply with the code. We didn't choose to put a connection to Tus. The ordinance chose us to do that. The previous development of Tuscany with the plat of that stub road said where it was to go. Uh so circumstances and law required my client and DBGT to design that subdivision just the way you see it today. We didn't choose to do that. Storm water was another concern. Um there are over 11 uh acres of open space in this 39 acre subdivision, 28%. Um that's pretty significant. And within that 11 acres, there are five parcels of open space. Some of those are detention uh retention ponds, three large ponds. And I'm going to turn it to uh Doug from DV to answer the drainage questions. There were two of those. Yes. Um we are aware that there there's a waterway that runs from south to north right through the middle of this property. We are keeping that intact. We are fully aware of it. Uh Porter Countyy's drain drainage ordinance is very robust. We work with the county uh

engineer on our drainage plan and uh sizing our detention basins and making sure all the water from the south continues to drain through to the north by putting in the detention basins. That only helps the situation. We are aware that there's an underground drain tile that will be uh removed once this is all said and done. the water will flow kind of through the middle of the property into a large detention basin before it continues north. Uh so there'll be restrictors in place and the retention ponds will have ample room to store all the runoff. Um and again it's been reviewed by the by David Champion and we believe we've met the Ordina Jordan's um and David's letter says that as well. Regarding utilities, we are connecting to Valparezo to city utilities uh for sanitary sewer and water mane. I know there was a concern about the lift station in Emerald Bridge. Uh that's right on 100 west. Uh we we contacted them early on and the design process valo that is and said where do you want us to take our sewage to to the west or to the east? And they did a report or study I should say and they said uh Emerald Ridge is not well suited for it. So you will be connecting to Tuskany's Sant sewer. Um so that was decided by Valkzo utilities and we were able to serve about 80% of the subdivision as I recall gravity sewer. There's still a few lots that we have to pump because the land is low, but that's pretty common to put in injector pumps for some homes. So that's the plan there. Uh we are connecting the uh both sewer and water. Um, and we're connecting a water main loop from subdivision to subdivision. Uh, which helps water flow for the whole community. Uh, again, that was required as well. So, I I believe we we did everything Felo City utilities wants. We

have their approval. Uh, we've we've um really worked hard at getting our drainage plan to meet your ordinance and it's again, it's a very very robust ordinance, probably one of the toughest ones in this area. Uh, but we've accomplished that as well. So, um I believe we're in good shape as far as drainage. We have our open space um allotted meeting the ordinance. So, um I think that's all I have right now. Thank you. I think I've again touched on the uh the topics uh rather than address each one of the the comments. Many of the topics had to do with the connection. Again, we didn't create the the need for the connection. The ordinance does that. the location was dictated by the previous platting of test. I think we've responded as best as I can and if we need to, we can certainly drill in and answer any specific questions. Okay. Well, thank you. I appreciate I'm open back up to the public. Any new questions or questions that weren't answered? Yes, sir. New questions? Not a new question, just a comment. He answered my question. There are only two entrances and exits. at in that subdivision going from Emerald Bridge into their new subdivision into Tuskanyany. I'll tell you right now, I've been the provost marshal in Kitzigan, Germany and in Orderwin, California. I was in charge of traffic flow and everything as that provos marshal. and you're asking for a disaster. If you think you can get all the kids from Emerald Bridge through that subdivision into Tuscany and over to Hamilton School, you're looking at an accident waiting to happen. Thank you.

Okay. Okay. New new question. Um my question is um like how we have two on Crystal turnups. I live in Tuskany but we have two. Why can't you have two on 100? Because it would make more sense for an emergency vehicle to come down to or division instead of come through Tuskany. Okay. Thank you. State your name and address. Hi. Uh I'm Mark D. St. Jane 2756 Bonita Drive. So, I was going to say one thing what Crystal said and I said before earlier, okay, have two two entrances, put them on 100. That's what we have. We don't have them on both sides. We have them on one side. It's the same thing. We did choose to put the cut in road in our neighborhood. It's your choice. It's not that it was made from an ordinance prior to that. And situations have changed also because the school was not there at that time. Also, the schools new and that's the whole one of the aspects of this whole conversation. So you say that we have to use that cutting road because you didn't choose. So you have two cutting roads, one north, one south. So you're good if subdivision goes there, right? Sure. Okay. Question to So it's the same thing. You don't have to use that or use that for your entrance out of there. Um well, I'm not worried if they have to sign. I'm about at the end of the day, it's about the safety of our children. And by doing that, you know, whether you choose to use our cutting road or not, you are choosing to put our children at risk. You're choosing to put the Sienna children at risk, too, because all the people coming from the west are there all going through there. So, yeah, use two addresses. I agree. Put him on one road. Okay. Thank you.

State your name, address again. Uh Lindy Walton, 1453 Trazo Bay. Um, I just want to note that I got involved in the HOA a year ago and we have major water problems with our sewer in our community. I've been speaking with Chelsea Gordon from the storm water department and essentially we were advised build a three-year case. So, we actually have photos where the storm water drains are backing up um to people's window wells. I mean, I'm talking 20 25 feet up into people's yards. So, we are actively building a case about how we already have an insufficient storm water system because we were advised to do so. Um, our streets when it rains heavily, the water just stays on the road because it can't come in. And then we just met um last week the HOA did that our storm water retention ponds are actually caving in because of the influx of water and deflux. And then the outlet that goes under Heavlin across to the property has also sunk in and caved which is where our overflow goes. So I'm just incredibly nervous about that now that I think we're we're going to have a nightmare between the two subdivisions. All right. Thank you. Damal 1854 Alaway Court. I just wanted to make a comment that it took two years for Emerald Ridge after it was all built to take care of the storm drainage that was coming across 100 West and down through it then destroyed the drainage at the end of Callaway Port and it took the county three or four years to get that fixed. What is they're having problems in Tuscany with water drainage. We're problems on Callaway Court. Adding that much water drainage supposed to go north

but hasn't ever supposed to be any problems from Emerald Ridge really has me concerned. I mean, water seeps into houses, it destroys the foundation, it destroys basement, it destroys lots. Is there going to be an escrow code and how much for any water damage that is done by adding all of this increased flow to anybody around? That is my comment in question. Thank you. Anybody else? Him first. Hi, Chris Barble, part of the subdivision Tuskany uh 2755 Bonita. I can show you a little bit of the water that they were talking about there. See how bad. Okay. I mean, that's our back real quick. Just walk around. This is what we're talking about concerned about. Thank you. I actually have someone on a floating. Can I ask you a question? Okay. That's it. Oh, I didn't know. I didn't know relationship where the water was at. Just carry. Okay. Real quick. Yeah. Everywhere actually. Right. In that picture, that picture probably right here. That's what I thought. In this in this area. Okay. Okay. You're fine. Thank you. I was just curious. Thank you. Okay. Thank you.

Was that your question? Thank you, Mr. President. Yes. If I could, Mr. I'd like to I'd like to note for the record at this point in time that the gentleman showed a photograph on his phone for the record that is not in the record. So I just want the the record to reflect that that piece of evidence is not in the record. Thank you. Okay. Good evening. Uh my name is Robert Bober. I'm a resident of Emerald Bridge. Speak to us, sir. 2151 Carlile Lane. I have a four-year-old and I have a a six-year-old. And I want to thank the developer. They had the most amazing winter with snow on top of that mountain. But what it does is it brings up an interesting question for us in Emerald Bridge. We've had no incentive to cross that road. And as everyone has identified, there has been a speed issue on that. When I accompanied my children onto the property and we once slept, I felt like I was in a firing range coming down that down that road. Now, we're introducing a crosswalk. We're increasing the risk of that intersection. Has there been a traffic study done? and what have been the mitigation recommendations to lower the risk that now we have an incentive for children, parents, the elderly that are in our neighborhood on crossing them. Thank you so much for your time. Thank you. William Johnson 2855 Camber place again. Like like Robert said, if you put two entrances on Epil Bridge, one's going to

be on Carile and one would be on Aaron Quay, which are just a half, not even a quarter mile apart from each other because I walk that all the time. It's not very thoughtful like people think it is. Not by that map. It's not. So again, what about if we're going to put a crosswalk in there, don't you think we need a stop sign or a stoplight there? I mean, the water from 100 west has a 20% grade going down toward Emerald Ridge. I don't know if you can look at that either, but it does. Thank you. Thank you. Okay. Any new new qu new new qu new Alan TS I live in Tusk as well 1352 Tiso Bay Drive I just want to ask to clarify you had mentioned both retention and detention ponds for the new subdivision. Can you clarify if you are putting both in or just one of which kind are you putting in because there's difference between those obviously what other people said. answer that. We have a very serious water issue in our neighborhood. It's no different. It's all hard clay with a very little bit of sand on top and the the ground does not absorb the water. It's all run. Thank you. Okay. Okay. No, you had your turn. I'm sorry. Hello. Allison Kinder 1353 Trapzo Bay. Um, I just wanted to make sure that everybody received all the letters also from neighbors that weren't able to come today um, regarding this issue. So, I believe quite a few were sent. Okay.

Okay. That's all. Want to make sure. They're part of the record. Thank you. I'm going turn back over to the attorney. Um the my comments regarding the uh connection to Tuskany statement um it's there because the ordinance requires us to connect to it. We are required to have two entrances and we have two entrances. Again we meet the code uh in all requirements. We also your code u requires that we have connectivity to undeveloped parcels and as you see both north and south we have that same stub road that Tuscany did that we're utilizing for our second entrance according to your code. So we're complying with the code for future development both north and south. Those are pretty standard requirements for any community for any subdivision ordinance. In your case, the UDO. Um, I'm going to turn it to Doug to to talk about the storm water. There was a question regarding escrow. There will be no escrow. Your ordinance doesn't require an escrow. No community requires an escrow for uh what could be, I guess, future harm. Um what we do is we do the best we can as far as designing it and your robust ordinance and I can second that it's um a very uh robust very stringent uh storm water drainage plan. I represent uh developers in all the cities and towns in northwest Indiana and this is the most uh

demanding uh and your storm water engineer took four cracks at uh you know turning around reviewing before we finally got his uh his approval to come forward the uh the hearing tonight. Um, with regard to this the the crosswalk, uh, there is no traffic study. Uh, no traffic study is required for, uh, a subdivision under your ordinance. Um, the crosswalk is not on our plans. It's not suggested by our plans. It is a a recommendation or a suggestion uh by your staff report. Um, and then the retention detention. That was kind of a slip of slip of my tongue. I'll let Doug clarify. Uh, to clarify, I use the terms kind of interchangeably, too, but typically a detention basin is it has a dry bottom. It doesn't hold water unless it's raining. A retention basin typically has water in it. Has a normal water level and then the water level fluctuates as it rains. Uh all three of the basins um in this subdivision are retention. They will have water. Okay. Um I also want to make sure everybody understands that we are putting in an entirely unique and separate storm sewer system. Uh we are capturing all the runoff from our whole subdivision taking it through the basins and into the existing waterways. We are not draining anything into Tuscanyany. We're not draining anything into Emerald Ridge. Um, we're not using their s their storm sewers for any purposes. They're totally independent systems. I cannot speak to what was done in Tuscany years ago. Uh, I have no idea what's happening in Tusky as far as drainage goes, but I know our water is not going into Tuscany. Okay. Thank you. Okay. I'm going to close the the public hearing, turn over to the board. Lucer,

may I suggest that maybe get back on track and focus simply on the design w. Okay. So, the first case I want comments on design waiver. I have no problem. No comments, Kevin. No problem with it. No problem. Okay. I did have every honestly I don't I don't see there's an issue with giving a design waiver on the 100 plus sidewalk on sidewalk probably the best yeah when I first got here I was looking at the sidewalk issue and um it kind of brought me to a subdivision called Tamarak in Chesterton there couple maybe developed 20 years ago 15 20 years ago I've been in Chester 30 Um, there was no sidewalk along I don't know what road that is. Well, Chesterton starts connecting all their sidewalks and lo and behold, it's it's county property and now we don't have a sidewalk to get from the east to the west. So, I guess what I'm saying is what I'm worried about is I know this kind of looks silly not to have a have a sidewalk here, but what I'm worried about is 15 and 20 years down the road when this gets developed and um someone says, "Gee, why didn't they put a sidewalk in?" Because that that's literally happened in, you know, my town and the subdivision right over from me. So, that's where I have an issue with not having a sidewalk, which as silly as it it might look now, it might not look that way in 15 or 20 years. my comment on the sidewalk issue. I will have other comments, right? Yeah. Great. I'm back on Red. Um I I do have I think there needs to be a sidewalk there. Um I spent a lot of time on a different board

and the big commit the big word now is connectivity and if we don't put a sidewalk in now and the developer do it then the county is going to be on down the road. trails and I'm just telling you million dollars a month and to hook the county onto that because we didn't do it now I think is worth failing. Um the other thing I think I've read in some of these things is the previous they were talking about Tusk the developer doesn't force the sidewalk and now the kids are on heaven major fail and that's a failure of in my opinion that should have been done personally I do not want to comment you may comment the the school corporation when they built built have extended the sidewalk to Tuscan Okay. Well, I'm just saying that but somebody had to pay for it. Sorry. You got somebody back. My thing is somebody had to come back and pay for it. Exactly. And it's when developer finishes up, God bless them. They're going to go back to wherever they came from. The countyy's be on the hook for a sidewalk. And the density of this is crazy. I mean it's it's what very I don't know what's going on north I don't know what's going to go on south there 20 years from now but we the long range we can't think today we have to think tomorrow when's the best time my question is a good answer commissioner I I feel the same way I think there should be a because it it will be a problem in the future, maybe even sooner than later and

it will become the county's problem at some point. It's happening all over. So, I think with, you know, doing a good plan in mind, I don't see a problem, you know, that there should be there should be a sidewalk in mind. All right. Thank you. Do we have a motion? Rick, if if staff could maybe explain the staff report as well because that did get brought up as far as the connectivity between Emerald Bridge and if we could. Yes, because it was in the issue of the crosswalk. The reason they brought it up, if you look at the picture up there, that's the entryway to Admiral Bridge. And what they did was they put the sidewalks in just before they got to 100 West. They just circle. Same thing's going to happen over on the other side that's put in. I find it hard to believe that people will just come to the end of the sidewalk, not cross 100 West somehow some way. Therefore, staff recommended that that crosswalk go, I don't care if it's on the south side or the north side, just provide a crossing for the pedestrians cross. Furthermore, we stated in our staff report that they should probably put a pedestrian activated flasher that when the pedestrians come up to the intersection on both sides of the road, they push the button, flasher is activated. a little more notice to the pedestrians there. So if you want to treat it as part of the design waiver, you want to bring it back to the subdivision. That was staff's recommendation to bring clarity to that. Okay. Thank you. Okay. Do we have a a motion? Motion that we grant the design. Okay. I make a motion we deny the design. Make a motion deny. I will second that motion. Okay. We have a motion today and a second. It's about vote. I'm sorry. I'm sorry.

They made a motion. Go ahead. Make your motion. Make a motion to deny the design waiver. In other words, the sidewalk, right? Motion to to deny. You want and you were second. That was the second. Yes. You second. We got motion and a second to be nine. These are the sidewalks. These are Yeah. For the sidewalks parallel to There's two There's two There's two cases. Yes. Yes means no. Yes means no. It's pretty much something.

I have to have better handwriting. I didn't know you had to read them. I've got three. I can't interpret your signature. Oh, this one. I can't. That's mine. Who's that? There you go. In the case of DW20 2025-16, Brightitky, yes. Giana, yes. Kenworthy, yes. Morales, yes. Stone, yes. Williams, no. Burns, yes. Motion passes 61. Thank you. Everybody understand that design waiver was was denied. So they have to put sidewalks in if they case is MJ2024-6 or just discuss that Luther. The second case, I'm sorry. The second case, any comments? No, not at this time. Kevin, I think

uh we need to do a little bit more review on the traffic situation, the traffic study and what the issues are to see if we can satisfy the community at large. The problem we have was the attorney's correct part of the comprehensive plan is to have connectivity. That's why that was stuffed up. It wasn't with the intent to do harm, but thinking from the standpoint of public service and snow plowing, emergency service, and just having that access and connectivity to make sure we're all working together. Sadly, people do speed through some of these things, but they're going to speed regardless. But I think there's some ways to design traffic calming. And the other issue that was brought up and I don't know I did hear the attorney address whether it had traffic study on 100 west. No, not required. Not required. Yeah, it's not required. But uh we really didn't go through technical or development advisory review. That probably would have been one of the things we discussed and that's why I suggest that maybe we take this back to development review and sit with the storm water engineer in reflection of what we heard today. I think you'll be fine but see if we can figure out some improvements. I I don't I don't disagree with you. Um that's a first. That's not true. I know not true. So the comment that I have is a traffic study is going to focus on County Road 100 West. Their concerns behind me aren't 100 West. It's the connectivity between the two developments. Just trying to get the big picture. Yeah, I understood. But I understand that we wouldn't discuss again. I I agree with

you that perhaps more study is is appropriate. Okay, red. Okay. Well, I did read all the emails and I I want to read one in particular. It kind of caught caught me was and it's actually by Lindy actually, but one of the parag couple paragraphs. While I understand that the street outlets were initially planned with future developments in mind, Heavenland School wasn't part of the original plan. The construction of this has significantly changed our neighborhood in in dynamic and increased foot traffic. We understand that growth is inevitable, but we urge the decision makers to consider alternatives to connecting these streets. We request sidewalk connections between the neighborhoods to allow their children to walk safely to school. So, why I'm thinking about that is because when I looked at this originally, I I went, "Wow, that that's going to that's going to be horrible." I mean, you have these people over in I forgot this Emerald are going to be flying through this subdivision to get to school. Same same with the proposed subdivision. And um while our ordinance might allow that, you know, things change and one of the things that changed was Heland School. If Heaven School was not there, the connectivity between Tuscanyany, this subdivision, and Emerald might not be that big of a deal. But now that he's there, I think we have to rethink, you know, the traffic pattern. And and to me, just looking at it, having two entrances on a 100, cutting off that entrance that I know it's in our ordinance, um, you know, looks, I guess, I'm not an engineer, but it looks like that would be something that would help alleviate all the traffic going to to to Heaven. So, that's okay. That's my take on it. I'm kind of a threat here.

Um I know it's very difficult to do a traffic study on a high verbal which going through that's where we're at. Um what it should but I I would think there might be some consultants that could provide us with that kind of information or close to that information. I mean traffic is as red said that's looks like no good's going to come with that. Um so that's part about the traffic and that's what I'm concerned but I'm concerned about traffic and you know people's way of life and the better I know some of that I can't consider but that's I can't stop myself um I do have a question about the storm when the storm drainage outlets where is it going to there's no body I don't see any creek north of this I don't see any there is I'm trying to see it I don't see it unfortunately I keep looking, but where is it going to outlet to just north of the north property line? Where is that a ditch going? Yes, block ditch. Yeah, that's where that go from there. What does block ditch dump into? Parker ditch eventually in Saw Creek. It's in the Lake Michigan wershed then. Yes. Okay. I was just curious how we're getting the water. I can't see it. It's there. Um, you did mention something that kind of threw me. Um, you said something about some pits in the houses. Oh, you're talking about an ejector pit that's going to get some some of the homes, not not many of them will be served by individual grinder pumps. So, not municipally owned, privately owned by the home. They'll all be privately pumping into a

sewer. Pumping into a common gravity sewer. So again, it's about 80% 20%. 80% is a typical gravity sewer and a small percentage up at the north end will have individual pumps. Very common in Bata Hills. There's another subdivision in Belzo that has them. There's several subdivisions around here that use utilize that system. I'm just all right. I I thought with that many lift station installed because of us. No. Well, we discussed that with VPA and utilities and they said you didn't they'd rather not have another municipal. They would rather not because they have to maintain, right? So, this puts this puts it off on the homeowner. Their cost is not my issue. But it it was a functional sewer system. Well, it is functional. The problem lift stations need a lot of sewage. Yeah, but to have one for 15 houses doesn't make a lot of sense. Well, I'm just asking. That's why Okay, Bob. I have no issue with the subdivision, but I do see connecting there. There's going to be a heck of a lot of traffic there. Whether speed bumps would help or or moving to entrance. Commissioner, um I feel the same. I think this will change the dynamic. I think uh I'm familiar with this area of county. Um and and I, you know, I understand the ordinance you have to have two entrances, but I I I'm not satisfied on the safety end of this. Um, even if one entrance was blocked off and you had to bring fire trucks, emergency police through the other, you're going through an entire subdivision before you get to the other outlet. And I'm I'm just not satisfied

on the safety end. I would like to say one more thing. I am in favor of that the sidewalk joining the subdivisions together. Yeah, I I agree. Yeah, I like that idea. Sure. Curious. When did the ordinance change from one to two it's a lot bigger than it is. No, I'm out. And miss um my comment is uh they beat the UTO 100%. But the school changed the the whole area. I agree with that. It did. It did. I think this needs more review before we go further. I think it needs more review and maybe a tra traffic study because I'm concerned about kids going to school when they start the parents everybody drives to school anymore take their kids high percent and the car is going to be backing up. I don't know how many how far you know. So I think you need more that's just my com. Do we have a motion or I just had a question? No motion. I I just had one more I would say comment to you. Um while the traffic study might be great on a 100. My concern is not a 100. My concern is the three subdivisions. We're not going to get a traffic study until we get all the houses in that subdivision. So, it's kind of going to be I want to say pointless, but unless we get that subdivision in, you're not going to get the full effect of of of all the traffic until that subdivision. So, they should look that you look forward. Okay. The analysis could be done. Yeah. Okay. Existing and significantly because the

arterial of 100 west and I don't think that's well understood what we're dealing with at this time, especially in view of culde-sac being built there years ago. I think there was crabic study but 30 40 years ago and but we've got a new dynamic. The only reason why I I I said that is I just don't want a traffic study to skew what in my opinion is common sense of having three subdivisions feed into heaven. My suggestion that was my comment when Mr. speaking. Yeah, I 100% agree with you. I I' I've been down that road. the the focus of the connectivity is 100%. Yeah. Right. Exactly. Exactly. My u my concern we're on thin ice here because because they beat 100% of the PUD. So I have to call on a county attorney. My suggestion is is continue and do a review on this. Scott, you have any comments? Mr. Lee? So the law is this is me representing my client telling you what the law is. You've got your own. Well, let me just say we're in the position of we're an administr. We either meet the cookbook or we don't. That's my way of saying we have an ordinance, storm water ordinance. When the petitioner gets to this point, this meeting is to decide whether all those eyes and all those tees have been crossed. We find ourselves in the unique situation tonight where arguably they're meeting the code. We have an issue because we have the connection of the subdivisions. So ultimately would the petitioner have a objection to a 30-day continuance to in order to address this issue? No. So with

that acquisence, we're allowed to go ahead and continue the case. And and that's true. What I was going to to say was we are not opposed to studying and having continuous. But my legal opinion that I'm going to tell my client here in the next few minutes is we have met the code. We've answered all of the recipes that your ordinance requires. Connectivity, lot sizes, all of those things have been met. Storm water engineer review check mark. So we comply 100%. You do not have discretion to say no. Your discretion was to say no on the sidewalk wait for that was your discretion tonight. But with regard to the and you said no. So now we have to build that sidewalk. So we comply 100% with the UDO. And the law is there is no discretion if that's in fact the finding. and you have a ministerial act to say yes if that's the finding. Throw all of that out. My client doesn't want to hit you with a hammer. My client wants to work with you. And we're going to do that over the next 30 days to your next meeting and try and find that solution that might appease some of the folks here. maybe not all of the folks here, but address the the elephant in the room, and that's the connectivity. So, Scott, may I ask a question real quick? Because I I'm again, first meeting, I I make no bones about this first meeting, but I always get kind of when someone says I have to do something, that's with me. I I I'm And I understand your point, but I guess what I'm saying is if I think and say three people agree with me that there's a traffic issue, I understand our

ordinance. I understand our UDO. I get that. But where does common sense play into this and our decision, Scott? Because if I think this is going to be an issue because school just got built here. How can someone tell me I have to vote for something? I guess now would that be the the commissioners say no, we don't like I mean where does this go from here? I guess so I know my knowledge here. Well, I think the easiest way to understand it is your authority being you're not being told tonight that you are being told tonight that the code says X and we have to follow with the code. That feels as if the plan commission is probably say yes or no. The real issue is that this board is the advisory board of the commissioners that control the very statutes and ordinances that we may or may not be happy with tonight. So our authority and just follow the logic. This board sends recommendations of ordinances and code changes to the commissioners. Commissioners are the legislative body. They pass it. Okay. Well, that's this board's real authority. So tonight, as we sit here, we're not in this situation because they've agreed to give us the 30 days to get there. But in this situation, our authority to change our minds happened when we didn't change the code. So if we don't like this particular circumstance, this is is the time to bring it up. Is there the opportunity tonight? If in fact we got to a hypo a hypothetical situation and it rose to the level of health and safety or actual significant provable issue, would we potentially have an argument? The answer is yes. But to be very clear, our authority is in what our ordinances say or don't say. If we don't like them after tonight, this may not be the exact example, but if we had

something continually coming up or came up once and we didn't like it. This board has the authority and the duty to say now wait I don't like this section. Let's go ahead and look at it. Maybe there's a recommendation to change it to go to the commissioners or not. But whatever is been approved by the commissioners at the time the application is originally made is the law for that project. And the logic is we're not allowed to see a project come in on an application and go run and change the rules. So when they come in and do their application that sets the rules for that development. Okay. I and I understand that again if there's certain circumstances that even if those those certain circumstances would have to rise to a significant level to say no to a project that has right met the you know dotted the eyes and crossed the tees because I and I do understand if this if if the people out here and this is what I'm hearing is if they were I don't want a subdivision because it's next to my subdivision. I hey you know what that's I have to do that but when I look at a safe when I truly believe it could be a safety concern that's where I think I have you know and I think tonight's process is exactly how it's set up to work okay I just get here we have the public notice for a reason the public notice isn't just to make the public feel hey we let you talk it's to address these exact issues they live there the ones with the firsthand information okay that's why we at these primary flats. That's why the public not to address issues like this and we have a petitioner and council who recognize the issue, understand the traffic study is the very tool to tell us your concerns

are right or your concerns are unfounded and then the board can make a decision. Thank you, Scott. I appreciate that. With that having been said, Mr. Chairman, I'll make a motion that we continue this case for until the next meeting. Thank you, Mr. Lee. Uh, case MJ 2024 6 Haven Home Ski Primary Plant. I second that. You second that. I question. We got motion. Okay. Okay. Is a question on the motion? No, it's on what they're going to come back concerning the motion. Okay. No. Motion on the table. We could do Okay. Okay, we have a motion, second ballot or motion. Well, or you can do a voice vote if you wish. Go ahead. Okay, we'll do a roll call on the motion for case MJ2 2024-6 to continue to the next meeting. Britsky, yes. Gillian, yes. Kenworthy, yes. Morales, yes. Stone, yes. Williams, yes. Burns, yes. Passes 70. You have a question. Question. Can you come back to us or this make your decisions, we will get a different drawing. If we change it, don't know. We don't know concerning the sidewalk. Well, we're gonna have to put the sidewalk on the on the That's what I mean. Put the sidewalk on. That's all that means. Yeah. Okay. I think that's I'm I'm going to phrase as we we will beat your pedestrian network standard. I think that sounds Mr. President, just for former clarity instructions to petitioner staff did make a recommendation the crossing of 100 west.

I would like to include that in the evaluation when they come back next time. Right. Thank you. I agree. Okay. Do that. All right. Uh we're going to take a five minute break. Thank Thank you for your time and attention. When they did this, did they not did they not say that they couldn't this back when they built school? overdrive Maybe that's kind [Music] of we'll first see if we can make Oh, send him Mike J the director of the department of development. Yeah. So for the next meeting that filled out a report for the department of storm water I don't online.

And they did a pool here. Didn't they say that they couldn't use that road to meet your Yeah. To get direct access to that ended up sidewalk. He's talking about the road. There was there was a road there, right? No way. The question is if you got to give up road simple thing in the world. Okay. There's not a road there. That's the parking lot. What's going to happen if you have that what you're saying? Yeah. I didn't say that. Say, is there a road here? Who are we going to sue? The driveway. That's okay. I was under the school bus. Yeah. I worked for I get what you're saying. They were concerned that their busy block this is not a real good deal. Well, that was a fun one. Two entrances here is not a real good something happens right there. You're dead. Like we did. Okay. [Music] Are you saying you'd have two here with a number? Okay, folks. Got other business to We're all good on this. Yeah. Thank you. Thank you.

I had to ask you. Hey, how you been? I know what you're doing. [Music] Okay, folks. We're ready. We got other business. Okay. All right. Here. Right here. Thank you. I've got a code. [Music] Okay, folks. Call the meeting back to order. The other business update on comprehensive plan. Can you please close the door? Okay. Thank you. Okay, Mike. Okay, some updates for you. Uh, under other business, the update on comprehensive plan. As you know, we signed a contract late last year with MKSK. They're doing a countywide in the unincorporated area support comprehensive plan, land use plan, as well as a thoroughfare plan. Uh, we've had many, uh, progress meetings since the first year. Uh we are identifying people from the community representing different facets of life in Porter County from agriculture to residents to education, medical

industry, um service organizations, etc. to serve on a what we call a steering committee. Steering committee will have roughly 22 23 members. We'll meet with them 48 times this year to use them as a sounding board as we gather the information. For some of those you or in the audience, what the comprehensive plan in the land use does is uh it's get it basically gets a pulse on the county on what they do life is in Porter County, how they'd like to see it grow, what areas need improvement. The last time the comp plan was done in 2020 2001. So it's been 24 years since it was last done. It's long overdue. I would hazard to say that a lot of things that residents and businesses held dear 2011 will come up again, but we're not going to bias ourselves with our consultant. We definitely want to do it. We're planning not only to have meetings I would call it a neighborhood but a more global sense. um across the county as well as popup events at various festivals and things like that through the year, the Porter County Fair or events at the county park system. Um we're really keen and they have a public not a public relations but a public uh very robust public involvement process and they have a consultant that will be doing that for us. we can get those comments. And this is a very long process. It will take at least all of this year, maybe this time next year before we publish a document. We also have what I call more tech not technical but more important committees like in the agriculture people a bunch of the people that represent agriculture together so

that they all get to say something or in in the so the service sector or the industrial sector or educational sector. So it's a it's a long process. It's not going to go quickly, but uh I think it's going to be a very good process so we can refresh our comprehensive plan as far as land use and thorough plan so that it becomes a guiding document for boards such as this, the redevelopment commission, every other board that serves the county. So more information to come. We'll probably be making presentations to you on and on over the year as this thing progresses. But we're very excited that we're embarking on this. So if you got any questions whatsoever comp plan is what the expectations are, please ask. Thank you. Thank you. Another item is observation from the March 3rd training session of the planning commission. So we had KK Gart uh Fritz come. She came many years ago. Some of you been on the commission boards before. Um I arranged it last year but it was getting late in the year because we knew there would be new board members. We waited till after the first year. KK we had the uh joint session of planning commission and the board of zoning fields on March 3rd. It was about a two plus hour meeting. KK came in and had a slidesh shows and duties of each of the boards and what they what codes they must follow such as the Indiana code hearing cases when it comes to zoning and things like that. The BCA is a very judicial board. It's not has doesn't have political appointments with their citizen members. And I think it was a very good presentation. Some could not make it but we did record it. We will post it on our website so you can listen to it and we'll give you the slideshow presentation as well. But I did want to

get some input from those that did attend the meeting. I Mike I told this before there's honestly there's not a lot of meetings I go to where I'm like wow I mean just it's meetings right? They're boring. Honestly I I could have sat there for three hours. There was honestly there were so many more questions that kind of what came up tonight that I would have loved to have asked her. She's a wealth of knowledge. So I actually shared her I believe with Austin Bont too so you know they could get some training. I I thought she did an excellent job. I did for contact. Did you? Okay. Thank you. Um I appreciate you setting that up. It was really valuable for me. So I appreciate it. Thank you. Kevin, any comments? Yeah, KK is the right person for the job. I was the previous one in this one. I would suggest that this be a regular item at least every two years. Uh basically because we see a change in board members and many times they uh they don't have any experience with planning or zoning and and even as someone who's been on boards for a long time I appreciate what you can tell us the statutes are constantly changing so there's a lot to look yeah I thought it was an excellent refresher course it really really did I think everybody should attend it one way or another either by video or or paper copy, but uh I think very beneficial. We had another meeting. She stayed the night and then I had her two plus hours the next day just for staff. Okay. And we of course did it at a more staff level of conversation. She had another slideshow for that. I think especially our newest member here soon in our plan got a lot of. So, one of the other things Kevin, you talked about maybe doing it every couple years, but things she rang true with me. If we got a light low meeting tonight and all that suggestions you had, we maybe spent the

first five 10 minutes. We us staff can bring presentations that for you to consider kind of like mini training sessions and there will be a quiz along with those two. There will be a quiz. Yes. Okay. That's our report. That's it. M. Okay. Do we have motion to adjourn? Motion. Do we have second? We got motion and second. All those in favor. Those opposed. Committee is I just want open back up. The comprehensive plan was on the agenda. Agenda. Okay. I'm gonna open media back up. There you go. Question. Okay. This is This one's the one that works, right? Okay. So, yes, like I said, I'm going to spare you a good portion of this, but this really does have to do with the comprehensive plan. So you did mention that it has not been please shut up mom sorry please please please present to the board too thank you sorry yes okay um yes you mentioned not been completed since 2001 so obviously it is 24 uh years old at this point however um at that particular time I believe our township specifically Union Township um had a huge push on wanting to keep the zoning as resial and agricultural as possible. I believe Mike even mentioned that there was a in a separate meeting that we had, forgive me if incorrect, but I took it that we had our own zoning code that was actually created for us because our town so adamant about staying agricultural. That being said,

because we are due up for a new one, I just did want to say to my fellow Union Township members behind me, I won't look at you, but please come out to these meetings. If no one's going to come out and say what they want for our area, somebody else is probably not going to be what you want. So, I know none of us want to take the time to do that, but it's important that our voices are heard and we understand what we truly want for our community. Um, and my only other last thing is my problem with the comprehensive plan being done the year and I that's why are we talking about projects that shall not be named that are massively going to change our area when we will no longer have a say on how we want that zoning to be because it changes that zoning and our voices will be silenced by then. The only the clarification I'll make is the comprehensive plan does not set the zoning. The comprehensive plan is the guiding document to the underlying. So the comprehensive plan as it is revised gone through uh through this year will not directly affect zoning any township. That would take an additional step in a comprehensive resone not a comp not the comprehensive plan being okay. Well we would like to suggest area stay I understand. I just wanted I appreciate it. I'm not being argumentative. I'm I'm trying to make it complicated, convoluted instead of statutes to make some sense. That's all. All right. Thank you. Thank you. State your name and address, please. My name is Kyle Darte. I live at 409 650 West. Obviously, uh heavily affected by these other projects that are not on the docket for tonight. Uh as far as the comprehensive plan, um you mentioned maybe 22 23 members. Uh my question I

guess how are those members being picked and how would we ensure that uh my small township is fairly represented? Um, I think obviously if you pick a person from uh Val University Township, they're going to have very different opinions on how they would like to see their area or our area uh progress in the future. So, I think it's important to um just kind of have some clarity on how members from my end of the township can be involved and um how we could make sure that we're uh properly represented that plan. Um I know our trustee is not here uh as it came to the meetings. he's kind of supposed to be our voice and so maybe we feel like we're not being represented there uh as some of us would like. So yeah, those would be my questions. Thank Thank you. And maybe I can address some of those questions. When you say the steering committee is there, the steering committee is not the one making policy. We're still going out into the neighborhood and asking for input. So just just to let you know to clar clarify that the steering comm we're going to be advertising meetings uh static meetings as well as as I said before we're going to be at various events such as the Porter County Fair popups like the Sunset Hill Farm. We're looking for a bunch of different uh places where people tend to congregate. So we'll also try to appear at all those events but we are also send invites to everybody to the public such as yourself in in our media where we host meetings and everything else like that. So, everybody will be heard. Mr. Burns, if I may, uh George Tol is your township

trustee, one of the better township trustees. He's very active, very interested in comprehensive plan. He's pursued it kind of thought he could drive it on his own, but uh it's a big I played soccer around six years old for 30 years now. I don't have a bad thing to say about I just really feels about this other project. comprehensive plan. Sure. Dan Halman, Glennwood Hills, right off the 149. Okay. So, regarding a comprehensive plan, I'm glad that this subject came up. I didn't know it was going to be agenda. I'm assuming the comprehensive plan is what kind of sets the agenda for um the coming year or whatever years um on how a county will be uh developed. Okay. All right. So, one of I expressed this yesterday um there's a couple things. First of all, um Mr. Morales, you're one of the commissioners. That's correct. You're on the council. Yes. Okay. And Mr. BGS is on two different committees that I'm aware of. The RDC and he's also on the council, isn't he? Commissioner. Commission. Commissioner. That's right. And I understand that there's going to be three votes that make or break certain initiatives and that's it. I thought maybe you guys were going to vote, but it sounds to me like just

those three are the ones that have like a make or break decision point. Maybe I'd be glad to. I don't there's there's there's no three there's no board with a vote on the comprehensive plan. Okay. All right. That's fine. I'm talking about the things that come out of the comprehensive some of the initiatives that would that would um that would require zoning changes and those type. So if we finished a comprehensive plan and we this and the plan commission that says based upon that we believe an area needs to be reszoned and that would start here with a comprehensive resone from the plan commission and those individuals affected would be directly notified. Okay. So as an unfamiliar citizen I'm just trying to understand how the mechanics of all this is supposed to work. Okay. Um because it does have an impact on things that have yet to come I would imagine. All right. So then yesterday I also brought up um some possibilities of some undue influences by outside considerations, special interest groups on the on the comprehensive plan on on everything in the on on the comprehensive plan too because I believe that there's a lot of conversations that go on between business and some of these members of all of the Porter County and city um politicians that help set the plan. For example, Valkzo has this build valo plan that they developed a while back and I I'm assure that they're working with interested parties to help develop that. Well, with all with all the overlap that I'm seeing between these committees, again, I'm expressing some concern that it's almost like there's there's almost like inside tracks going on between committees. And

I I don't understand why that's the case. They should be separate distinct decision-making bodies so that there's no undue influence by one body with the other in developing the comprehensive plan. All right. So that said, I'd like to understand why that's the case and also that there's some coincidental reassignments all of a sudden too that are that are happening. And um I happen to know that some of the individuals that are participating in the government business here that of of the chairs and that type of things um have their own personal business interests that are okay linked. I think we're I think we're getting related to to look at we don't know you said a comprehensive plan. The development plan is important. the development I'm talking about the plan not not the data center that you're gonna be the whole we're going to have meetings and communication interests that are being purveyed via via linkages by of people to individual stakeholders or special interests. So I'm just want want you guys to be aware that this is going to be coming out more and more. I'm going to shed some sunlight on everyone. I'm gonna work on it. I've been working on it. Okay. And I know for a fact other people may want to speak. Thank you. Yeah. Anybody else want to speak? You know what? You can strongarm. You can try to strongarm the group if you want. It's not going to work. Thank you. And and the initiative passes two minutes. Thank you. Yes, sir. Name and address. address.

Mr. I'm I'm new here. You're fine. Good evening. My name is Andy Vosquez. I live in Morgan Township. A lot of you seen me yesterday more than once. I'm president of the border county council. Mr. Barte, this is toward the comprehensive plan of your concern. George Topple. When I'm done here, I give him a call and I tell them how many people were here and I let them know the flavor of the meeting as well. I talk with Mr. Stone. I also talked with Mr. Morales. We talked with each other so that we are constantly in the blue so we know how you guys are feeling and I think we proved that yesterday, did we not? Okay. Thank you. So understand this, Mr. Tobin will know your concerns tonight because when I leave here and I'm going to bother and say, "Hey, George." Okay. So just in regards to the comprehensive plan, your voices will be heard. I will make sure of that. Thank you. Thank you. Uh good evening. Uh David Heyman, 242 Pixley Court. Um like those uh before me, I'm not here to talk about a potential uh proposal that's going to negatively affect our kids and students in schools. Uh but I do have a comment and a question on uh so I'll go both um about the Haven Holdings LLC uh applica application um or request I guess the second one um the the comment that uh or the question that I had was uh for the county attorney and I'm sorry I I don't know what your name sir okay um that you made a comment uh after the continuation that this board uh has the I don't want

to say moral obligation but the authority to go to the commissioners who are the litigation uh branch I guess to uh change ordinances create ordinances um and if this board is unhappy with the findings of that application um they could go to the commissioners and say hey We we really think this ordinance or this thing should change. Um that that's correct. Did I did I hear you when you were talking about that correctly? The concept you're stating is correct. In terms of art, art from advisory plan commission to legislative body commissioners. This board has the statutory obligation to be able to send to hear and send recommendations on ordinances to the commissioners, the legislative body for final passage. Ordinances that already exist or new ordinances. No difference. No difference. Okay. And I think I heard you correctly that because if uh because the application was already put in, he they were able to go to the commissioners to request to change the ordinances or is it it can't be beforehand? No, let me let me restate that. Yes, sir. When an application is received by the plant and stormwater department, the ordinances in effect at that moment are in effect for that project until the project is complete or denied. Understood. Understood. Um uh and I lost my train of thought for the comment. Um Oh, no. the the comments I just wanted to say is I'm I'm was really happy of this board's um how you

guys received the concerns of the owners um of the of the homeowners that were in the neighborhood that was going to get uh directly affected by this potential project. You guys are obviously are bound by the laws and you have to uh you have to say yay or nay, right? uh based on those those particular sets of rules. But I'm glad that you all were questioning the common sense of this was not going to be safe for those kids. Thank you. You're welcome. Hello. My name is Melissa Reed. from Center Township Alarezo. Um I'm not sure if this is the proper form to ask, but what exactly is the procedure to enact a zoning change or category reclassification? Is it only via the results of the comprehensive plan or is there another vehicle for that whether public or what? Be happy to send you the state statute that controls. Okie dokie. Thank you. [Applause] 2001. Anybody else like to make a comment? Okay, with that, thank you. I have one question that people ask me in the crowd. Can I ask a question? I want to know too. It's a piece of paper that we fill out and we sign our name. It wasn't secret, you know. It wasn't like you read them out loud and said redstone. Yes. Why don't we just do a roll call? Is there a reason why we do? I'm just curious. People ask me and I'm like I don't know. Statutoily, if the case is challenged, we have to have written proof of the individual members votes, which is why we have the voting ballot. There you go. Answer my question. Record. Permanent record. All right.

Every other board just, you know, we do roll call. Oh boy. Do we have a a motion again to adjurnn? I have a motion. Thank second. Motion. All those in favor to adjurnn. Those opposed? Maybe it's a journ maybe. East Triumph.