By PAULENE POPARAD

The Burns Harbor Advisory Plan Commission will give preliminary consideration June 2 to an ordinance that would limit certain development along a wide swath in the town’s center pending efforts to develop a new master plan.

It would be up to the Town Council to give final approval based on the commission’s recommendation regarding a temporary development moratorium. A public hearing would occur prior to any vote.

As tentatively discussed Monday the moratorium would preclude new applications for subdivisions, rezonings or use variances in an area generally along either side of U.S. 20 bounded by Interstate 94 on the north, Old Porter Road on the south, Salt Creek Road on the west and I-94 again on the east.

Town engineer Dean Price of Haas Associates and Plan Commission attorney Charles Parkinson said the moratorium areas to be both included and possibly excluded need to be identified by exact legal descriptions similar to property in a tax-increment financing or TIF district. Parkinson said in addition to where, the moratorium ordinance needs to specify which kind of development will be restricted and for how long.

"You want clearly defined limits on this so you’re not holding things up in perpetuity,” Parkinson advised. He also said the sale of existing businesses for the same use still could occur within the moratorium boundaries during its effective date.

Commission member Mike Perrine and president Jeff Freeze asked if the moratorium could be lifted early or language be included in the ordinance mandating its periodic review. Parkinson said the ordinance could be repealed at any time, and a review trigger could be included.

Parkinson said development moratoriums have been used by and were upheld in other areas like Burns Harbor that wanted time to consider the direction the town and its residents wanted to take regarding future development. At its Monday meeting the Plan Commission agreed on survey questions to be sent out, pending Town Council financing, to poll residents about their preferences; discussion has taken place about hiring a planning consultant.

Vote was 6-0 with Jim McGee absent to have Parkinson draft a moratorium ordinance to review next month.

Luke plan advances

Luke Oil Co. representative Ryan Richardson got the suggestions he sought during concept review for a new 4,000 square-foot convenience store/fueling station to replace the smaller, outdated building at the southeast corner of Indiana 149 at U.S. 20. No zoning variances appear to be required.

Being likely the busiest intersection in town, traffic flow into and out of the Luke station was of primary concern.

The commission discouraged moving the current Old Porter Road entrance 25 feet closer to Indiana 149 with member Jim Meeks noting vehicles for three new subdivisions totalling over 400 homes will increase Old Porter’s use. Richardson said Luke doesn’t want to close the Old Porter entrance.

It also was agreed that a town representative will write the Indiana Department of Transportation, which has jurisdiction over the Indiana 149 and U.S. 20 road cuts into the new station, about concerns for the Indiana 149 side that would have vehicles exiting Luke and cross three northbound lanes when the intersection is widened next year to turn left or south onto 149.

Richardson said the new fuel islands, increased from four to five, will be 35 feet from U.S. 20 compared to 7 feet now. Parking will be increased from 18 to 42 spaces,and in-store seating also will be increased as will the food items sold. Plans include a digital monument price sign with well-lit, landscaped grounds.

Construction on the new building would begin prior to the site being closed to relocate fuel tanks. The project would take about six months to complete. Two acres have been purchased to the east for future use, and land for a detention pond at Luke’s southwest corner has been acquired. Richardson said this site does not plan to seek permission to sell liquor; a car wash is not included.

Because he said Luke has sold some property to INDOT for the 2009 intersection upgrade, Richardson was asked to verify that the engineering prints submitted include the land reduction.

England gets nod

The commission voted 5-1 with V. Bain opposed forwarding to the Board of Zoning Appeals a favorable recommendation for C.R. England to expand its special exception by building an approximately 10,000 square-foot, $550,000 addition for a two-bay paint spray booth to prepare and paint semi-tractors either owned or leased by England.

The company is located on Tech Drive west of Indiana 149 in the former Eagle Services building. The Plan Commission’s motion did ask the BZA to consider whether the paint booth needed a state air-quality permit, where the semis would be parked, and how many trucks per day would be added to the daily England volume.

England attorney Greg Babcock and company contractor Greg Lakner of Lakner Construction & Development, LLC said they believe the spray booth vendor obtains any necessary permits, and that about 120 tractors would be served by the paint department, which would hire about 15 employees, on a monthly basis although some would be merely detailed or touch-up painted only.

Plan Commission member Jim Meeks said traffic has increased in the area because of England. Babcock said the firm put over $90,000 in escrow to pay for a future stop light at Tech Drive and Indiana 149 but INDOT still says one isn’t warranted even with the anticipated paint-booth trucks although some lane modifications may be required on private Tech Drive.

In other business, the commission voted 5-1 with V. Bain opposed to the contingent nature of the motion to approve the Lake Shore II subdivision secondary plat for a parcel on the south side of U.S. 20 between Phantom Fireworks and Lake Shore Ford. Bob Kerr and John Kerr are the developers, the east 3.55 acres now home to the new Ludington Nissan. The west 4.36 acres will see construction this summer of the Kerrs’ relocated Toyota dealership, according to Stephen Stofko of McMahon Associates.

Meeks asked Stofko to address flooding on both sides of Old Porter Road behind Ludington that Meeks said wasn’t there until the dealership built last summer. Stofko said because the town’s storm sewer to the west doesn’t have optimum slope, drainage will be combined and addressed during the Toyota dealership construction.

Perrine said the town is investigating what it can do about the storm sewer independent of the Kerr project.

Lot width increasing?

Following a public hearing, the commission forwarded a recommended zoning amendment to the Town Council clarifying the sideyard setback formula and increasing from 80 feet to 100 feet the minimum lot width in Residential-1 zoning districts. V. Bain and Perrine voted no.

Meeks said he proposed the width increase so houses won’t be right on top of one another and it will be easier to build a three-car ranch home without applying for a variance. He noted it’s not the town’s problem if developers lose one lot for every five by using the 100-foot standard.

The situation came to light when Corlin’s Landing requested numerous lot-width variances for that 200-home subdivision after it was approved. Perrine said if developers want 100-foot lots they can file their project as a planned unit development and request it, or seek a zoning variance.

Town resident and former building commissioner Gene Weibl was the only person to comment during the hearing. He questioned why the lot-width increase was being sought.

On another matter, Meeks asked building commissioner Randal Lopez to research if state law regulates the depth of unprotected window wells. Some in town are 3 1/2 feet deep posing a danger to children, felt Meeks, but others said if the basement window is an exit window, it can’t be barricaded with a grate for safety.

Posted 5/13/2008