By PAULENE POPARAD

Chesterton Advisory Plan Commission member Mike Bannon, who also serves on the Town Council, said Thursday he plans to recommend that the council change its policy regarding the zoning of future parcels annexed to the town.

The current policy requires all property to be annexed as Residential-1 for single-family housing unless a negotiated zoning is agreed to by the town and a property owner. Bannon’s concern is that once the annexation zoning is assigned, a developer is able to develop a site under a different zoning level within the same classification as long as the density or uses are considered to have less of an impact on the property.

Bannon said he would propose once a specific zoning is granted through annexation, it sticks.

Abercrombie Woods on County Road 1050N on the town’s far southwest side was annexed as Residential-2 allowing duplexes, but the project instead is being developed as R-1 single-family. Bannon stressed that while the developers did nothing wrong, the town had no say in the matter under the current policy.

Bannon’s concern is that by a developer having the ability to change how a parcel will be developed, a project might not be compatible with the town’s intended use for the area under its comprehensive plan. A parcel zoned Residential-3 for multi-family dwellings would be the logical buffer near an industrial or commercial area, said Bannon after the meeting, yet a developer could change his mind entirely and build single-family residences instead because it is allowable lower density.

"I don’t see how the town can say you can never change zoning,” said Plan Commission member Jeff Trout. Bannon said the problem isn’t a zoning change but a change of use within a zoning classification; zoning could be changed through the appropriate rezoning process.

Plan Commission President George Stone agreed it’s silly if a parcel clearly should be developed as commercial to start as R-1 if annexed. He added that while the Town Council has jurisdiction over annexation, the Plan Commission has an interest in what zoning is assigned.

Added Stone, “I often thought to commit to R-1 always seems to me should be changed. It seems simpler to bring in the appropriate zoning for development on the site.”

Bannon said his suggestion is meant to initiate discussion and look at different scenarios regarding annexation-related zoning and whether R-1 is the best way for property automatically to be zoned.

Also Thursday, 71 new residential lots were approved as the commission accepted the respective third phases of both Rose Hill Estates and Abercrombie Woods under secondary or final plat approval.

Fifteen lots in the northeast section of Rose Hill Estates, located on County Road 1100N, were approved on 3.1 acres and a $2,250 payment was submitted by project attorney Greg Babcock as the Park Department donation. Also platted was a 12-foot easement for a recreation trail. Approval was tied to posting a $18,048 infrastructure bond and a $19,932 sidewalk bond.

Babcock also secured the commission’s approval to extend the completion date until July 21 for road and drainage-related items needing to be addressed under Rose Hill’s Phase 1, the $343,000 infrastructure bond for which expires Aug. 20. “That’s a pretty good incentive to get it done,” said Trout.

Babcock did agree to have subdivision speed-limit signs installed as soon as possible. The commission was firm that if the infrastructure work will not be done by July 21, Babcock should have all the paperwork submitted seeking an extension of the bond.

The Abercrombie Woods Phase 3 final approval will add 56 lots on 34.26 acres, said Aaron Taylor of the Duneland Group. The phase abuts County Road 1000N with two entrances. Approval was tied to posting a $173,966 infrastructure bond and a $108,240 sidewalk bond.

Later in the meeting the commission authorized commission attorney Charles Parkinson to call in the $29,000 infrastructure bond for Rich Brennan’s Pere Marquette subdivision on Brown Avenue. Town Building Commissioner Mike Orlich said the bond expires Feb. 20 with work yet to be completed. Brennan was advised the topic would be discussed but did not attend.

It was agreed Roberts Development will be notified by registered mail that its $62,000 infrastructure bond for Duneland Cove Phase 5 expires March 19 with what commission member Steve Yagelski termed significant work yet to be done. Orlich said previous letters to Vic Roberts generated no reply.

Accepted and extended to March, 2006 were infrastructure and sidewalk bonds for Coffee Creek Center 1st Addition Phase A, and the infrastructure guarantee for Estates of Sand Creek 6 Phase A was reviewed and approved by the attorney. Golfview Estates developer Don Coker received a completion deadline extension of July 31 for sidewalk installation contingent on acceptance of a revised agreement by the Feb. 17 commission meeting.

On another matter, the commission recommended that the Town Council proceed with establishing a fee for the staff and professional time spent related to reducing the amount posted as letters of credit.

During 2005 reorganization Stone was retained as president, Trout as vice-president and Gail Murawski as secretary. All votes were 6-0 Thursday with the commission short one member due to Town Councilman Frank Sessa’s recent resignation.

Posted 1/21/2005