By PAULENE POPARAD

Developing a subdivision containing significant wetlands failed to sink The Preserve, which was approved on primary plat by an 8-1 vote Wednesday by the Porter County Plan Commission.

The project, first proposed in late 2005 but bogged down by drainage concerns and litigation, will have 93 single-family homes in the nearly $300,000 range on 89 acres at the southeast corner of County Road 50W between County Road 1050N and the Indiana Toll Road.

The site is 3/4 of a mile west of Chesterton High School; the subdivision will be served by Indiana American Water Co. and its sanitary sewers will connect to the town of Chesterton sewage treatment plant via a gravity sewer at Meridian Road without requiring a lift station.

Fifty-five acres of The Preserve will be left undisturbed, trees preserved and 33 of the homes will not be allowed to have basements because of conditions on the site. All homes will have sump pumps.

Commission members grilled Redfish Development principal Paul Shinn at length last night prior to the vote especially regarding the proposed stormwater/drainage system which he said was given the green light by the county’s independent engineering review firm DLZ.

Said The Preserve stormwater consultant Andy Mix of SEH, “(DLZ) went through it with a fine tooth comb lot by lot, elevation by elevation. We believe we met the stipulations of (Porter County’s) ordinance and DLZ agrees with us.”

Nevertheless, commission member Rita Stevenson, the lone no vote, said, “I’m not comfortable voting yes for a subdivision in the wetlands. I hope and pray there’s no problems but I’m looking forward to the future. This Plan Commission could be gone but the problems would remain.”

Commission president Robert Harper said the county spent considerable time drafting its stormwater requirements. “We have to put some faith in the county plan in place to avoid problems in the future.”

Commission member Robert Detert said the project is a complicated subdivision on marginal property and suggested a DLZ representative be present in the future to discuss such cases. “A letter doesn’t answer all the questions I have.” Harper agreed that could be added to DLZ’s contract with the county.

Detert’s concern regarding what he described as one-side proposed covenants favoring the developer was reflected in member Rick Burns’ motion that Redfish revise its covenants, provide a letter from Marathon regarding its pipeline on The Preserve property, and establish a working escrow fund to maintain stormwater systems until the property owners assocation is adequately funded to do so.

Shinn said he’s hoping to partner with a 501C-3 non-profit group to attract grant money to enhance The Preserve’s stormwater-related amenities, and to encourage public interest and participation in the system’s development and operation.

With more than half of The Preserve acreage in wetlands, Liberty Township resident Alan Hewitt restated his previous drainage concerns when Harper opened the meeting to public comment; a previous public hearing long had been closed but interested parties were notified the subdivision would be on last night’s agenda.

Hewitt maintained DLZ did not review the subdivision’s 379 pages of drainage calculations; its drainage plan doesn’t comply with the county’s stormwater manual; that the Porter County Drainage Board, of which Hewitt is a member, did not approve the subdivision; and that water has topped the road at the northwest corner of the site following a 2 1/2-inch rain.

Redfish attorney James Weiser said Hewitt’s comments are either outdated or not true, and a culvert at 1050N has been removed and replaced improving drainage flow in the area.

Commission member and Porter County surveyor Kevin Breitzke said The Preserve will shed water in two directions to county-maintained ditches. The Drainage Board didn’t want to make the subdivision’s stormwater system a county-regulated drain because it didn’t want to manage wetlands, he explained.

Commission member Liz Marshall raised numerous questions about the subdivision including whether earlier information had been addressed or updated including the status of the wetlands. Shinn consultant John McQuestion of Soil Solutions said their 2004 wetlands delineation is valid for five years, and as yet they’ve not applied for the required state/federal construction permits.

Frank Schrader of Liberty Township and John Rittel of County Road 600N both questioned The Preserve’s plans in person, and by letter Louise Fancher objected citing standing water in the area which only would be made worse by a subdivision.

Rittel said 93 homes is too dense for the site. “You better cut down what you have here.” Schrader said the soil type is not suitable for home construction. McQuestion said just because the soil is listed as severe doesn’t mean construction can’t occur, only that special construction methods must be used.

Commission member Tim Cole said many years ago, “(The site) was a swamp, under water. It was wet and still remains wet.”

Member Herb Read said area drainage seems to have improved with culvert replacement, however, he asked for Shinn’s assurance that a foundation expert will be consulted about basement installations. “We don’t want these houses sinking in the ground.” Shinn said neither does he. “If we can’t do it, it won’t happen.”

Cole observed that because of mature trees on the property and the subdivision’s layout, the homes will be virtually unseen. “This is an invisible subdivision.”

The Preserve plans one entrance off 50W about 275 feet south of 1050N and an emergency entrance south of there; the streets will be public streets. Cole urged Porter County to get aggressive about having the one-lane railroad underpass on 50W south of The Preserve widened. “It’s been needed for years.” Cole inquired about sidewalks; Shinn said none are planned but walking trails are.

Cole asked what would happen with the parcel if Shinn didn’t build homes. Cole said although the land is in unincorporated Liberty Township, it is identified in Chesterton’s master plan as potentially commercial/industrial some day. “We’re not commercial/industrial developers,” said Shinn. “I don’t know what would happen with that property.”

After the vote Weiser said it will take some time for Redfish Development to satisfy the requirements needed to seek secondary or final plat approval. “It’ll be a while.”

Posted 6/26/2008