By VICKI URBANIK

The problems that the Porter County Plan Commission has experienced with an exclusive subdivision in Porter Township may lead to changes in the way that private developments are handled in the unincorporated areas.

During a discussion about the Falling Waters subdivision Wednesday, plan commission member and County Commissioner President Robert Harper suggested tightening up on the rules for private developments if the current ordinances don’t make it clear if the county has jurisdiction.

But two other planners went further: Rick Burns said that after dealing with Falling Waters, he can’t see approving any more private subdivisions. And Robert Detert said he would be reluctant to approve any new private roads, since the county is usually asked to correct problems with the private road construction.

Falling Waters, a 470-lot private development, was a big topic for the plan commission for the third meeting in a row. Once again, a crowd of Falling Waters residents were in attendance, having waited through two other lengthy cases.

Last month, after hearing from residents who raised a long list of complaints about the subdivision, the planners imposed a moratorium on new building permits. On Wednesday, the planners agreed to keep that moratorium in place for at least one additional week to give time for the developer, Tony Floramo, and his and the plan commission’s attorney to work on informational material that will be given to every new prospective home buyer.

The disclosure will make it clear that people moving into Falling Waters will also be assessed additional fees for the maintenance of the lakes and wetlands and for the utilities, in addition to the homeowner association fees.

Harper pushed for this disclosure, after outlining how the Falling Waters Conservancy District bought 100 acres at the development for $1.6 million from Floramo. The acreage includes the open space, which is to be maintained and funded by the property owners via the conservancy district.

Harper said promotional materials for Falling Waters don’t make it clear that homeowners will be required to pay these additional fees.

Several Falling Waters residents concurred, saying that they were never made aware when they bought their lot that they would also have to pay extra for the maintenance of the lakes, wetlands, utilities and other amenities.

But several Falling Waters residents also urged the planners to lift the moratorium, saying that improvements have been made and that the continued ban could hurt their property values. Several residents thanked the plan commission for pressuring Floramo to take action.

Floramo presented a list of improvements he made in recent weeks, which included filling in potholes, completing a retaining wall and fences, removing debris and beginning lake treatments.

Floramo also urged the planners to lift the moratorium, noting that this is now the season when many people start looking for lots. “I want everyone to know the seriousness” of the economic impact of the moratorium, he said.

But Harper responded that Floramo needs to understand the seriousness of selling lots to people without adequately informing them that they will need to pay extra for the amenities. He stressed that he isn’t suggesting that Floramo did anything illegal. But he added, “as a plan commission, we’ve got to protect the consumer.”

The planners discussed having a flier available to all prospective lot buyers informing them of the added fees, as well as to include the disclosure on the title work. The planners set a special meeting for 5:30 p.m. Wednesday to address the issue again.

‘Ugly’

The plan commission voted 8-1 to table a vote on a two-lot subdivision planned by Stephen Pluta at C.R. 1300N and 450E in Pine Township. The plans call for the two lots to be serviced by a new private drive extending north from 1300N, between two other properties.

The private drive caused considerable debate. Neighboring property owner Dennis Conklin said the private road would be a detriment to him and another neighbor and that the new road should be built to the north, off 450E adjacent to Pluta’s property. He said it’s only fair that if anyone should suffer from the new road, it should be the person profiting from the proposal.

But Pluta’s attorney, Greg Babcock, said the road won’t be an actual road, but a driveway servicing just two lots. He noted that the original plans called for four lots, but have been scaled back to just two.

A few plan commission members weren’t impressed. Tim Cole said the design could land lock the nearby 21 acres. Or, he said, if this acreage is later developed, there should be just one road, not two separate roads, serving the new lots.

“My opinion is, this is very ugly,” he said of the plans. “We can do better than this. And in Porter County, we should do better than this.”

Posted 5/10/2007