By VICKI URBANIK

Timberland and Fox Chase Farms residents on Wednesday spoke out against the proposed Timberland Farms development planned nearby, saying that poor drainage problems in the area should be solved first.

The Porter County Board of Zoning Appeals considered three variance requests for Timberland Farms, a proposed 246-lot subdivision on both sides of Meridian Road north of U.S. 6. Timberland Farms, whose developer is the same as Timberland’s, is now going through the county’s platting process.

During Wednesday’s public hearing, several residents said Timberland Farms shouldn’t be allowed to develop until drainage problems caused by Timberland are solved. However, Timberland representatives said new drainage tiles and other improvements will fix the drainage problems upstream.

In the end, the BZA granted some of what Timberland Farms wanted, but not everything.

A motion by BZA member Rick Burns allowed two of the variances requested, but with the stipulation that the county engineer review the project and determine if there will be increased drainage problems because of the added development. If there will be, “my motion dies,” he said.

Burns’ motion passed 4-0, with Burns, Robert Detert, Marv Brickner, and Debbie Kerr Cook voting in favor, and Luther Williams abstaining.

The rest of Burns’ motion allowed two of the variances requested for longer block lengths than the normally required 1,000 feet. But a third variance for a longer block length was denied, as was a request to reduce perimeter access from the top of a bank from 75 feet to 35 feet. Another request seeking a variance from the stormwater ordinance wasn’t advertised ahead of time and the BZA took no action on it.

Several residents of the two nearby subdivisions spoke out against the variances.

Ken Hicks, president of the Fox Chase Farms Property Owners Association, said that after Timberland was developed, drainage in the area worsened. Fox Chase Farms homeowners’ backyards are now starting to puddle and hold water, he said.

“In the area, there are significant drainage issues,” he said, adding that the Timberland developers should be held accountable to fix the drainage problems before being allowed to develop further.

Don Wilhelm, a Timberland resident, said the drainage problems caused by his subdivision has resulted in a man-made lake, with trees not accustomed to being in water in standing water for about a year now.

Another Timberland resident, Joseph Rice, said the water problems are worsening. “It’s getting pretty bad … It’s already coming up to the back of the house.”

Timberland and Timberland Farms attorney William Ferngren noted that the issues before the BZA dealt with the variances, which do not directly affect drainage. He said those concerns will be hashed out before the Porter County Plan Commission and its development committee when the subdivision continues through the primary plat process.

Mike Duffy of the Duneland Group said that new drainage tiles being proposed for Timberland Farms will actually improve matters. He said because the property now is a farm field, runoff is faster.

The sticking issue for at least two BZA members, Detert and Burns, was whether the reduced perimeter access and the longer block were needed, or if the developer sought these just to avoid losing a few lots. When asked by Detert what would happen if the longer block in one area were rejected Duffy of the Duneland Group said the plans would likely be revised to include a 200-foot road stub instead.

“I think we have a mandate to follow the ordinance,” Detert said.

But Ferngren said Timberland Farms has made concessions to the county. For instance, he noted the hill on the southern part of the property. Though that would have been some of the best home sites, the developer acquiesced to the county and as a result will not build on that hill.

Williams disagreed that the BZA should deny the variances just to comply with the county’s unified development ordinance and force the developer to lose lots, which “doesn’t make good economic sense.”

He agreed that the developers have already made concessions. He said he recalls seeing the hill in question decades ago and always felt it would be a nice place for a home site.

Posted 4/17/2008