TOWN OF ST. JOHN PLAN COMMISSION REGULAR MEETING ST. JOHN MUNICIPAL BUILDING WEST 93 RD AVENUE, ST. JOHN, IN March 7, 2018

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1 MICHAEL FORBES, PRESIDENT BOB BIRLSON STEVE KOZEL GREG VOLK KENN KRAUS, ENGINEER JOHN KENNEDY STEVE FLORES PAUL PANCZUK RICK EBERLY, BUILDING & PLANNING DIRECTOR CALL TO ORDER: Mr. Forbes called the Plan Commission Regular Meeting to order at 7:00 p.m. ROLL CALL: (The Pledge of Allegiance was said) Recording Secretary, Alyssa Gallegos took roll call with the following Plan Commission members present: Michael Forbes, Paul Panczuk, Greg Volk, Steve Kozel, Steve Flores, and Bob Birlson. Building and Planning Director Rick Eberly was present. Town Engineer Kenn Kraus was present. John Kennedy was absent. APPROVAL OF MINUTES: Plan Commission Regular Meeting Feb 7, 2018 Plan Commission Study Session Feb 21, 2018 Mr. Forbes stated that he would now request a motion to approve meeting minutes from the February Plan Commission Regular Meeting and Study Session. Mr. Forbes asked for any questions. There were none. Mr. Panczuk noted that his name was spelled incorrectly throughout the minutes. Mr. Eberly said that would be corrected. Mr. Volk made a motion to approve the meeting minutes. Mr. Flores seconded the approval. Mr. Forbes abstained from the February 7th meeting minutes, as he was absent. The motion was carried by voice vote (5/0/1) Ayes---5. Nays---0. Abstain---1. PUBLIC HEARINGS: A MORNING CREST- Public hearing for the primary plat of this single-family development located in the 8800 block of Cline Avenue. Petitioner: Doug Rettig DVG Doug Rettig introduced himself, and said that he is representing Lantz Development Corporation. John and Bryan Lantz are also present. Mr. Rettig said that since this is the Public Hearing they had put out all of the public letters, and the two newspaper ads in a timely manner. The new deadline is now 15 days before the Public Hearing takes Page 1 of 14

2 place. So, the letters went out to the Post Tribune and the Times newspaper. The proof came out, and they approved the proof. They were told that the ad would run on February 15th, which is more than enough time. They are usually sent the proof of publication automatically, so they tried to track it down. The Post Tribune then admitted that they forgot to run their ad. He does have a letter from the Post Tribune apologizing, and saying that it was their fault. Mr. Eberly said that himself and Mr. Forbes have a copy of that letter. He said that the petitioner now needs to request that the Plan Commission waive the requirement for proof of publication in the Post Tribune only. In all other aspects they are compliant for this meeting. Mr. Rettig asked if it would be the Plan Commission s courtesy to waive the second newspaper ad. Mr. Forbes stated that we have a request in front of the board to waive the second ad publication in the Post Tribune. Mr. Forbes asked for any questions or discussions. Mr. Volk asked if it meets state statue. Mr. Eberly shared that he spoke with Attorney Austgen about this. He said that with the written evidence from the Post Tribune it would be fine for the Plan Commission to grant the waiver. Mr. Forbes asked for a motion to waive the Post Tribune public notice. Mr. Volk made that motion. Mr. Kozel seconded the motion. The motion was carried by voice vote (6/0) Ayes---6. Nays---0. Mr. Rettig thanked the Plan Commission and continued with the Public Hearing. He explained that Morning Crest is a single family subdivision on the west side of Cline Avenue. It is east of North Point. They are north of an existing subdivision. In terms of the sanitary sewer, it will all flow back to North Point. There are existing detention basins. There is a watershed break-line through the middle of the site, which is the reason there are two. There is going to be a small discharge pipe and essentially they are building a berm. There will be some modifications on the addressing. Mr. Kraus has sent a letter indicating his approval. Mr. Forbes asked for any questions. There were none. Mr. Forbes read Mr. Kraus letter. They found the site plan of Morning Crest to be in compliance. The developmental fee has not been calculated at this time, but it will be 2% of the total costs. Mr. Forbes stated that this is a Public Hearing, and that he will now open the floor for Public Hearing. Dan DeYoung 8720 Cline Avenue Page 2 of 14

3 Mr. DeYoung lives two properties north of this subdivision. He sees drainage on the property. He projected a photo of the rear of his property to the south. This water didn t flow through previously until the subdivision to the west was put in. The water that would flow naturally to the farm property has now been rerouted, and flows through the back of his property. He projected a photo of the surveyor s plan. The drainage is going east and west it used to flow out to the west but once subdivision put in it now flows to the rear of his property. A previously approved subdivision created this problem and another development will continue that flow. He projected a photo of flooding from When the detention pond gets full it spills over. He projected a photo of trees that have fallen due to soil pollution. He showed a picture of his septic field. The water started flowing this way when North Point was put in. This is creating issues with water quality now. He noted that there is a basin that is proposed in the middle of the subdivision. Mr. DeYoung also projected a photo of the pipelines for Outlot A. The pipeline is 150 ft north of there. He has already touched the pipeline that is how shallow it is. He thinks that if the pipes are going to cross we need to verify rather than the contractor. Cathi DeYoung 8720 Cline Avenue Ms. DeYoung asked that they please put in planters. She said that all of the properties have well water. Mr. (Rettig) Lantz said they will be utilizing the ditch, she said that is not it a ditch. It was small from the start, but it has eroded due to all of the water flows. Mr. Forbes stated he was going to bring it back to the board. Paul said that regarding the sidewalk waiver, he thought that they had worked it out at the study session that it would be a short stub. Mr. Kozel asked if Mr. Rettig had anything more to say about the water flow. Mr. Birlson said that this natural swale is east. Mr. Rettig said that it is both. It s grass,it s not ditch. There is probably a tile in there, and it is probably not working too well. It is small you can probably jump across it. Mr.Rettig said that when they build a subdivision they work with what is there. Mr. Rettig said that they are not going to let their drainage go unrestricted outside of their property. Mr. Volk asked about the gas pipe. Mr. Rettig said that it is there and it is shallow. They won t start construction until the pipelines come out and look. They are crossing over it. When they go on top of the pipeline they will put a concrete saddle to protect the separate pipes. Mr. Volk asked about the five properties in regards to the swale and what the screen is like. Mr. Rettig said that they haven t planned anything. The screen will be the individual property lines. They could landscape them. Mr. Rettig said that they are building a berm. There is not much. Mr. Lantz said that he doesn t mind putting a few trees, but he doesn t want a tree line. He said they are only talking about the five lots. He is not going to run a solid row. There is a pole barn or a big building. They showed a property with a big pole barn. Mr. Volk asked about the area from the east Page 3 of 14

4 side. Mr. Lantz said that they would be willing, but it would depend what they worked out. Mr. Panczuk asked which specific lots we are asking for. It was confirmed lots Mr. Forbes stated that we will now entertain a motion for the request for a waiver for the sidewalks across Cline Avenue. Mr. Panczuk made a motion to deny the waiver. The motion to deny was seconded by Mr. Birlson. The motion was carried by voice vote (5/0) Ayes---5. Nays---1. There is another waiver requested for the curbs along Cline Avenue. Mr. Rettig explained that they are putting in some curbs, but not the whole length. They are also adding in a lane, and have to move some power poles. The waiver is for the area along lot 35 and part of lot one. Mr. Forbes stated he would now entertain a motion. Mr. Kozel made a motion that we grant a waiver of the curbs. Mr. Volk seconded the motion. The motion was carried by voice vote (6/0) Ayes---6. Nays---0. Mr. Forbes said that we could handle the renaming of the street on secondary plat. Mr. Kraus said that this situation happened in Greystone. The council will also have to approve. The North Point approved plat says 87th, but they agree it should be 88th. Mr. Eberly said they would have to request a correction of plat. Mr. Forbes stated that he would now entertain a motion for preliminary plat approval. Mr. Kozel made a motion. Mr. Volk seconded the motion. The motion was carried by voice vote (6/0) Ayes---6. Nays---0. B WALDEN CLEARING- Public hearing for the rezoning of 80 acres of land at the northwest and southwest corners of 93 rd and Cline Avenues from Open Space to R-2 single-family residential Mr. Eberly stated that all items are in order for this public hearing to proceed. Mr. Lenehan came up to speak for the Walden Clearing Public Hearing. Mr. Eberly stated that there have been some plan changes based on the staff meeting between the Police Department, Fire Department, IT Department, Town Manager, and Building and Planning. Mr. Lenehan introduced Walden Clearing, and noted that this proposed development all lies west of Cline Avenue. They first approached the town two or three months ago, and they are here today requesting an R2 rezoning. They are offering commitments that go above and beyond R2 zoning. The property is currently zoned open space. There was a large annexation on the east side of town. It was zoned then as open space. However, the comprehensive plan shows it zoned as residential. So, they believe that they are compliant in this proposal. The plan now has 90 homesites, which is the third proposed Page 4 of 14

5 number of lots. They extended a road connection, and they updated the cul-de-sac length. It is now in compliance with the ordinance. They have also created a right of way for a future round about. They will have to work with the traffic engineer and get that designed. They removed the nature preserves for purposes of their density calculation, and have new density numbers. Mr. Lenehan projected their proposed commitments. Mr. Lenehan projected pictures of different home styles they are proposing. He explained that on the south side of the property Sublime will be building 10 styles of homes. They would be in the $500-$600,000 range. He displayed lifestyle photos. He projected an example of a landscape buffer. The picture shows only pine trees, but they would add deciduous trees to provide more screening. Overall, they are trying to provide value in different areas, and they don t necessarily think that more grass is always more value. This is an R2 proposal. Mr. Lenehan said that they have a warranty and quality standards. Mr. Volk said that there was a comparison out there of the R1 and R2 site plans, and with the R1 the amenities would no longer be included. If we were to deny R2, how many R1 lots would we be able to fit in? It was also an item in the zoning commitment that they will be putting sidewalks in on both sides of 93rd and on Cline. Mr. Panczuk said that Mr. Lenehan mentioned a park with park equipment. He asked when the one at the northernmost park will have equipment. Since it would be later on, Paul said that at this point those areas are just greenspace. Mr. Forbes opened the floor for Public Comment. Bryan Blazak 9299 Franklin Drive Mr. Blazak showed a sheet that Olthof passed out to all the neighbors adjacent to the proposed development. If he doesn t get R2 he isn t going to do anything in terms of the additional commitments. If somebody is going to buy lots on the south side of 93rd and it is going to be a $ ,000 house, why can t it be R1? Mr. Blazak showed this sheet to two people and they said that Olthof is threatening them. Silverleaf is in the $ range, and he wants a builder to build south of 93rd with $ ,000. Basically, in August realtor magazine which is a national publications. Buyers want bigger yards over bigger homes. They did a national survey of 1,000 buyers in the millennial and younger buyer range. They said that distance between homes is more important to them. Non millennials agree on it even more. Demand is going to be for more external yard space and less square footage. Page 5 of 14

6 Rick Yarbrough 9231 Mallard Lane TOWN OF ST. JOHN He has been coming to the meeting since the inception. He saw the R2 PUD, and the negotiations that have been made. He lives on Mallard Lane on an R2 lot that lines up to the corn field. So, the development would be to the east of him. He has seen the changes Mr. Lenehan has proposed, and he is personally ok with it. He just wants to make sure that his property value is maintained. He said that if he follows through with the commitments he does not have a problem with it. He would like to see the plats, and make sure that they are not taking in any more water. Vanessa Merkle 9221 Mallard Lane Vanessa said that Mr. Lenehan came to their house to talk about the proposal with herself, and the neighboring homes. In regards to the R2 s, as long as it is equivalent to what they have she is ok with it. One of her concerns is the water drainage. She has taken some videos of how the water drains on her property currently. It s a natural drainage, so they are concerned that if the houses are built it might change the water flow. Jerome Shallon S Oakridge Drive He lives on the other side of 41, so this doesn t directly affect him. The right lane cuts east. He would like to see how they are leaving room for roads whether it s development, easements etc. He doesn t know how a round-about is going to look at 93 rd and Cline. The town should have a master plan where they want sidewalks, curbs, etc. for where the roads are going to go, before the development begins. Gerry Swets 9490 Joliet Street He likes the idea of R1 lots on the other side of town. Everything on our side of town has been zoned R2. He is the head of the Homeowners Association, so he has discussed this. He likes the R1 lots along the south side. The idea of threatening to build cheaper houses. It seems funny to threaten to build lower quality homes when you re a home builder. Just in case the Olthof threat was true. There does need to be additional lanes built now, not after the development. The roads need to meet the current needs, as well as, the future developments. Mr. Forbes asked if there was anyone else that wanted to speak. Tom Webb 9123 Mallard Lane He asked if there are any restrictions on the similarity of house designs. Say, every couple houses can t be the same designs. Mr. Forbes said that there is an antimonotony ordinance. He understands that in their inspire collection there are several Page 6 of 14

7 different styles, but there is little variability between the housing and the floor plans. They were given the same bill of goods, but it ended up all being the same. There is really little difference. Mr. Forbes stated that will come during preliminary plat. Mr. Webb asked why on the north of 93rd some houses are being provided with breakfast nooks, and one side is being provided with trees. They committed to a vegetative buffer, but is there is any plan for anything additional. Mr. Eberly said that there are a line of trees out there. Mr. Flores stated that there is an existing tree line there. William Olleris 9027 Mallard Lane Mr. Olleris said that he has put in an investment in Northpoint. The plan is that there was going to be upscale homes. They have been building the same homes for 10 years. He is scared of his investment now. He would like to stay. He has great neighbors. From the looks of their office it looks great. Mr. Olleris asked why don t they build nice houses like they used to in St. John? He has been here 10 years, and he thinks that Olthof needs to stop building in Indiana. Mike Budak HOA President of Tiburon 9155 Morris Place Mr. Budak spoke to the HOA, and they are worried about bypassing traffic on 93rd and Cline. For them, that means an increase of traffic cutting through to Blaine. This happens mostly, due to the lack of stop signs in Tiburon. There are no stop signs from 92nd through the roads to Blaine. So, they are asking for an increase in stop signs. Mr. Forbes said that he can forward the request to the Police Chief. Mr. Budak reiterated that there are no stop signs from the entrance of Lee to 92nd. Additionally,because of the natural water flow all of the draining goes south. The detention ponds can t hold any more water. They need a drainage plan. They are on a town well they want to make sure that they won t lost water pressure. Larry Ensko 9241 Mallard lane His property will back up to this subdivision. They are concerned with drainage. The farm field fills up with water. Additionally, he did feel threatened with the letter. He wants to know will Olthof actually come through? He was told that the commitment will be with the zoning property. Jeff Kount 9400 W. 90th Lane in Willow Ridge He wanted to reinforce the importance of some traffic comments around 93rd. He would like property designated for lane improvement in the future if they are not doing it in alignment with the development. There is going to be more and more traffic especially Page 7 of 14

8 with the development of Luer s Tree Farm. Put in the traffic lanes now. He thinks we are being very short sighted. Cathy Wilson 9621 E Oakridge She wanted to reinforce the traffic situation all over town. When these properties are being developed is when we should start this. She does feel that for Mr. Rettig that there is always a water issue. Going down 93rd she feels bad for the owner of the house when you come around the second curb. He has a pond in his front yard about 90% of the year. She is worried about the water issues. She asked if there is an ordinance that states the size of the house and the size of the lot. Mr. Forbes said that there are lots of ordinances that address the lot coverage. It addresses minimum house size for different lot sizes. There are building lines on each side of the lots, and the house can only go up to those lines. Depending on the subdivision some of those have floating building lines. The back is 40 ft rear yard setback. She said she thinks that still leaves plenty of room for the house on the lots. Greg Johnson 9311 Mallard Lane His property backs up to the new subdivision. His wife and him got information from the development. He didn t feel threatened by the request for R2. He agrees with the commentators about the traffic particularly at 93rd and Cline. Joan McInery 9405 W 90th Lane Willow Ridge She is very concerned about traffic on 93rd and Cline Avenue. With the middle school there is safety issue pulling out of the school, and on the subdivision. That would be bringing approximately cars through there. Additionally, she feels like it is a one way street communication. All of the Public Speakers are coming up and speaking to them. When will the Plan Commission have an opportunity to speak to the residents? Mr. Forbes said that the board speaks in the Preliminary Plat. That is when traffic will be addressed. She asked for the specific date. Mr. Forbes said that Mr. Lenehan is working with the Traffic Engineer now. This will be based on the recommendation of the Traffic Engineer. Can they see the infrastructure or future plans for infrastructure before we can say that we support the 90 houses. Or do we know that we have 90 houses and then we present it to the Town Engineer to figure out how we can support the traffic. There is an issue of public safety with having a school there. We are making this town very densely populated with one lane roads in each direction. Mr. Forbes stated that he will now bring it back to the board. Mr. Lenehan said that he mentioned earlier in his presentation that their whole intention was to create dialogue around this future project. They try to meet with people and go Page 8 of 14

9 door to door. They tried to show that there is multiple ways for planning this. He stated that he regrets if anyone did feel threatened. They put in writing exactly what is being proposed. He has worked for Olthof homes a long time. He doesn t own it he just works there and he lives in an Olthof home. Part of the comprehensive plan is the thoroughfare plan, so they have those sets put in. They don t need a site plan to do rezoning, but it is just nice to have. It is the Town s Engineer that they will be working with. He also wanted to mention that the water will be going east into Tiburon. They will have a discharge to the Beaver Dam ditch. Mr. Birlson said that at a previous meeting it was in his commitments that at a minimum they will have accel and decel lanes at the entrance of Cline Ave off of 93rd. He assumes other things will be needed. Mr. Birlson said such as turn lanes. Mr. Panczuk said that he would like to cover a few things. He said that the handout was informational, but it did come as a threat. If they were R1, the lot owners would have much more greenspace, and the owners would have more greenspace between them and the lot. Mr. Panczuk said that he does like some of what they are doing here. They are following the comprehensive plan of having a mix of R1 and R2 zoning. Lately, there is a lack of R1 housing that has been approved in town. The mix has gone from 81% R1 to 43% R1, so we are slipping downhill. Going forward he would like to see much more of an even mix. He thinks the entire south side should be all R1 to fit with the future development on the south side. Mr. Forbes said that he thinks that he has addressed that the intention was not to threaten, and he thinks that it is wrong for Mr. Panczuk to keep hammering. Mr. Panczuk said that if they approve it R2 they can potentially come back with a different site plan. Mr. Lenehan said that he has no intent of changing one thing on the site plan; provided everything on the engineering goes well. He did try to do some of the work on his end before bringing it before the board. Mr. Panczuk said that this is only zoning right now. He is really looking at adjacent zoning, he is looking for a mix from developers. Every time we do an R2 we are adding 25% more traffic than if we were to do an R1. Mr. Birlson suggested R2 on the north and R1 on the south. Mr. Kozel said that the minimum size house can be built on both an R1 and R2 lot. Mr. Flores asked that if he was going to affect anything, or if anything changes with the zoning from R2 to R1. Mr. Lenehan said that he would like to move forward with it the way it is here. Mr. Forbes asked for any other questions. There were none. Page 9 of 14

10 Mr. Forbes stated that this a recommendation for the rezoning of this property. Mr. Kozel made a motion that we grant a favorable recommendation. Mr. Volk seconded. Mr. Birlson and Mr. Panczuk voted against the favorable recommendation. The motion for a favorable recommendation to the Town Council was carried (4/2). Ayes---4. Nays OLD/NEW BUSINESS: C. MILL CREEK UNIT 3-Release of letter of credit Mr. Forbes stated that all of the sewers, water mains, and streets have been constructed. The bond may be released and replaced with a maintenance bond. Mr. Forbes stated that he would now make a motion to accept the release of the letter of credit. A motion was made by Mr. Flores. The motion was seconded by Mr. Volk. The motion was carried by voice vote (6/0). Ayes---6. Nays---0. D. MILL CREEK UNIT 4-Reduction of Letter of Credit Mr. Forbes stated that he has received a letter from Mr. Kraus. Public works has verified the streets. The bond may be released, and be replaced with a new bond. Mr. Forbes stated that he would entertain a motion to accept the reduction in the letter of credit. Mr. Volk made a motion to accept. The motion seconded by Mr. Panczuk. The motion was carried by voice vote (6/0). Ayes---6. Nays---0. E. SILVER LEAF 2E-Reduction of Letter of Credit Mr. Forbes stated that Public Works has confirmed that all of the watermains and streets have been constructed. The current bond may be released, and be replaced with a new bond. Mr. Forbes stated that he would now request a motion to accept the reduction in letter of credit. Mr. Birlson made a motion. The motion was seconded by Mr. Flores. The motion was carried by voice vote (6/0). Ayes---6. Nays---0. F FAMILY EXPRESS-Petitioner: Jim Wieser/Doug Hohmeir/Scott Jones-Petitioner is seeking site plan approval as well as secondary plat approval of a Family Express Facility at the southwest corner of US 231 and Parrish Jim Weiser attorney from Schererville is here to represent Family Express.They were granted primary plat approval at the last meeting, and they are here tonight for secondary plat approval, as well as, site plan approval. They are located on the southwest corner of Parrish and 231. They have provided all of the development fees. They still need to supply the letter of credit and surety bond. If they are granted secondary plat they ask that it be accepted without being signed by the President and Page 10 of 14

11 secretary. Mr. Forbes asked for any questions. Mr. Panzcuk noted that the last link of sidewalk is not presented; south of Parrish, south of the property. The sidewalk should be extended to the south property line. Mr. Birlson asked about drainage. Mr. Kraus explained the drainage. Mr. Volk asked about the landscaping on the south end. Mr. Eberly stated that they withdrew their variance for landscaping in that area. Mr. Forbes stated that we have Mr. Kraus letter of acceptance. The plan appears to be satisfactory. The public improvements have not been installed. There s a possibility that the pavement on Parrish won t be the same as the 231 pavement. What they lose in materials they are going to gain in labor. The layment of the different layers will take two projects. 231 is subject to INDOT standards where Parrish is not. Mr. Forbes asked for any questions addressing secondary plat. Mr. Kozel made a motion that we grant secondary plat approval. Paul seconded the motion. Mr. Kozel added an addendum that we receive a letter of credit. Mr. Panzcuk seconded the motion with the addendum. Mr. Forbes asked for questions on site plan approval. Mr. Kozel stated that he makes a motion to grant site plan approval. Paul seconded. Mr. Kraus stated that this is subject to the letter of credit. Mr. Eberly restated that the site plan approval is contingent on recordation of secondary plat, which is contingent on the letter of credit or surety bond. G THREE SPRINGS UNIT 3-Petitioner: Doug Rettig representing Dave Barick-Petitioner is seeking Permission to Advertise for a rezoning from R1 to a combination of R1, R2, and R3 Doug Rettig is representing three springs development and David Barick. They are asking for permission to advertise for a Public Hearing for rezoning, at the next meeting. The rezoning is from just R1 to R1,R2, and some R3. Most of the lots will be R1. They took out the cul-de-sac for green space, because of the pipelines. Mr. Eberly projected the zoning plan, so that the public can see that it is consistent with what has been done throughout the rest of the development. H LEVIN TIRE-Petitioner: Carmen Arvia representing Barry Levin- Petitioner is seeking site plan approval for his Tire and Auto store at US41 and W. 85 th Ave. Mr. Arvia is here tonight seeking site plan approval. Mr. Eberly stated the final plat has changed, due to the acceptance of certain variances. The condition of the photometric plan is that they will provide a street lamp at the driveway of Shell Drive and the Levin Tire property. Mr. Forbes asked for any questions. Mr. Birlson said that he doesn t think the turn lane is long enough. It should back up at least to the entrance of Shell Drive. Mr. Levin noted Page 11 of 14

12 that they are providing traffic flow through their property to Rt 41. There was a comment from the Commission that you don t pull out onto the road until you have access. That is typical all the way down Rt 41; from 85th all the way down to Kolling School. Mr. Forbes stated that they have reviewed the site plan. He read Mr. Kraus letter. There is a bond for the existing subdivision. Mr. Forbes stated that he would now entertain a motion for site plan approval. Mr. Kozel made a motion to approve. Mr. Volk seconded the motion. Mr. Birlson opposed. The motion was carried by voice vote (5/1). Ayes---5. Nays---1. I. SUNCREST CHRISTIAN CHURCH-Petitioner: Don Torrenga-petitioner is seeking permission to advertise for a public hearing for the potential rezoning of land they own immediately south of their church. This would be a rezoning from R1 single-family to R2 single-family Mr. Torrenga is here tonight requesting a rezone from R1 single family to R2. Based upon what was discussed at the study session they made some changes. In this plan they did not get rid of the center of the cul-de-sac although that is what is happening. Mr. Forbes stated that he would now request a motion for permission to advertise for a public hearing. Mr. Kozel made a motion to grant permission to advertise. Mr. Flores seconded the motion. The motion was carried by voice vote (6/0). Ayes---6. Nays---0. J THE GATES OF ST.JOHN POD 17-REDEEMER CHURCH- Petitioner: Bryan VanRyn representing the church petitioner is seeking permission to advertise for a public hearing for primary plat approval of this pod. Mr. Torrenga is here tonight representing this property. Mr. Torrenga said that he hopes Mr. Kraus understands that the site plan is still being worked on. The driveway will line up to what is currently Sagebrook. Mr. Forbes asked for a motion to grant permission to advertise for a public hearing for primary plat approval. Mr. Flores made a motion. Mr. Panzcuk seconded the motion. The motion was carried by voice vote (6/0). Ayes---6. Nays---0. K. THE GATES OF ST. JOHN POD 4F-Petitioner:John Lotton-Petitioner is seeking secondary plat approval of POD 4F Mr. Torrenga is representing Jon Lotton. An estimate for cost of improvements was forwarded to Mr. Kraus. Mr. Forbes asked for a letter of credit. He read Mr. Kraus letter. Mr. Torrenga noted that the developer asks that signature be withheld until public improvements are completed. Mr. Kozel made a motion to grant secondary plat Page 12 of 14

13 approval and the withholding of signatures. Mr. Flores seconded the motion. The motion was carried by voice vote (6/0). Ayes---6. Nays---0. L. THE GATES OF ST.JOHN POD 7B-Petitioner: John Lotton-Petitioner is seeking permission to advertise for a new primary plat for this pod due to some proposed changes to the original primary plat. Mr. Torrenga is representing petitioner Jon Lotton. They are seeking permission to advertise. Mr. Torrenga said that a drawing was forwarded to Mr. Eberly. As discussed at the study session, they saw that there were issues with fire trucks and anything similar to that fitting in the cul-de-sac. The changes with the radius did not change any of the lots, except for the corner lot, because the radius is enlarged. They received an that the road needs to change names. Since they are separate roads now they should have separate names. Mr. Forbes asked for a motion to grant permission to advertise. Mr. Kozel made a motion. Mr. Panzcuk seconded the motion. The motion was carried by voice vote (6/0). Ayes---6. Nays---0. Mr. Eberly noted that at the staff meeting, in regards to the length of the cul-de-sac, the concern was that the island be removed in its entirety regardless of the radius. Mr. Forbes said that this one in particular is so big that he actually does think there should be some greenspace. Mr. Birlson asked if they were concerned with multiple firetrucks. Mr. Eberly said that the length wasn t a concern for the fire chief. He was concerned with having enough fire hydrants. Mr. Birlson asked if this water main would be looped. Mr. Kozel said that we have to come up with a length for these, so that they don t keep growing. Mr. Eberly said that if the length isn t a concern, he does think that the 400 feet seems awful short. Mr. Kozel said that they didn t want them to get in the 900 to the 1000 ft. Mr. Kraus said that the length is measured to the end of the cul-de-sac so it s actually 300 ft. Mr. Panczuk said that he does like the idea of green space, but he worries about the car parking. M. THE GATES OF ST.JOHN POD 10M-Petitioner: John Lotton-Petitioner is seeking secondary plat of this single family section of pod 10 Bill Robinson is here tonight with Cal Atlantic, and they are requesting secondary plat of this single family section of Pod 10. Mr. Robinson said that they are proposing 81 lots on acres. Mr. Forbes read Mr. Kraus letter that states that he finds this plan to be satisfactory. There is an additional request to withhold signatures until they provide letter of credit or bonds. Mr. Forbes asked for any questions Mr. Kozel moved that we grant secondary plat approval and that we withhold signatures. The motion was seconded by Mr. Flores. The motion was carried by voice vote (6/0). Ayes---6. Nays---0. Page 13 of 14

14 PUBLIC COMMENT: Joan McInery 9405 w 90th lane TOWN OF ST. JOHN Ms. McInery had one follow up question. She asked if the traffic report is public record. Mr. Eberly said that it is public record, and it can be found in the Building and Planning Office. Patti Byers 9111 Cline Avenue Ms. Byers asked if the property the church owns now is taxable to the Town, since it is owned by the church. Mr. Forbes said that they are rezoning it now, so that they can develop and sell it. It is taxed based on its use. It will be taxable for the residents once it is developed. ADJOURNMENT: Mr. Forbes stated that he would now request a motion to adjourn. A motion was made by Mr. Volk. Mr. Birlson seconded the motion. Motion passed 6-0. (The meeting adjourned at 9:28 p.m.) ATTEST: Alyssa Gallegos Recording Secretary Page 14 of 14