By PAULENE POPARAD

“Anyone like to change your vote?” asked Burns Harbor Advisory Plan Commission president Jeff Freeze.

No one did, so Monday’s 3-3 tie with member Mike Perrine absent means developer Robert Lewis won’t know if his 24-home Stone River subdivision can win primary plat approval until May 12, a rescheduled meeting date.

At least six speakers during a public hearing said the location is heavily traveled, dangerous and can’t take more traffic.

Commented adjacent property owner Larry Kleckner, “I don’t have the answer but trouble’s coming. It’s inevitable.”

Stone River’s 10-acre parcel, zoned primarily residential, is located on the north side of four-lane U.S. 20 a short distance west of Indiana 149. Ranch homes would begin at 1,500 square feet and two-story homes at 2,000 square feet with prices estimated to be $250,000 and up with a 22-month build-out.

A 40-home planned unit development with several amenities on the same site was proposed last year but died without a final Town Council vote after a negative recommendation from a divided Plan Commission. At that time remonstrators said the parcel should be included with adjacent land and developed as a pedestrian-friendly town center to serve the community; some opponents made the same argument Monday.

The new Stone River with one commercially zoned outlot intended for that use at the U.S. 20 entrance complies with the zoning ordinance in every way, emphasized Lewis’ representative Jeff Ballard.

He said working with the Indiana Department of Transportation the developer likely will be required to build a deceleration lane on U.S. 20 almost back to Indiana 149. INDOT, not the town, has jurisdiction over U.S. 20.

In the failed 2007 plan, Stone River proposed upgrading gravel Domon Lane on Lewis’ property to a widened street built to town specifications. Under the current version, Ballard said although they prefer upgrading Domon and are leaving an easement to connect to it some day, they are opting to build a new Lewis Drive, a less-desirable secondary access onto U.S. 20 at this time.

Developer Vic Roberts, who owns 3 1/4 acres paralleling U.S. 20 in front of Lewis, expressed fear that he won’t get a road cut for his parcel if Lewis has two; even if he gets one, added Roberts, there will be confusion where to turn. Ballard said signage would solve that.

Commission members Jim McGee and Louis Bain, the latter recently returned from active duty in Iraq with the U.S. Marines, both said they voted no on Stone River because of traffic concerns.

When asked why he voted no on the subdivision, Freeze declined comment although he and Bain both said their votes had nothing to do with the fact they live in the adjacent The Village subdivision, whose developer Cliff Fleming and several residents there remonstrated against Stone River.

Plan Commission members Jim Meeks, Terry Swanson and Virginia Bain, Louis’ wife, all voted yes on Meeks’ motion for primary plat approval that also stipulated when a $12,500 donation to the Park Department would be paid in lieu of donating park land at the Park Board’s request.

Ripe for development

Stone River is bounded by Roberts’ land on the south, the Frain insurance agency and the Fast Coffee offices on the east, Kleckner’s drywall business on the north and The Village on the west. Beyond Frain to the east is a former bank building at Indiana 149 that has sat vacant for years.

All these properties should coordinate access and be served by a common frontage road, said several speakers. Without one, “It seems to me we’re asking for bumper cars on U.S. 20,” stated Brad Enslen.

Said Roberts of Stone River, “In my mind I have the most to lose from this development. I feel I get the short end of the stick.” He asked for a road easement into Stone River from his future parking lot that will serve up to 11 retail units he hopes to build. Ballard later said they don’t want to mix residential and commercial traffic.

No one spoke in favor of Stone River. Jennifer Draves said she doesn’t want piece-meal development. “Is this something that will benefit Burns Harbor? Is there something that will benefit us more?” she asked.

Fleming compared the multiple driveways of west Indian Boundary Road in Chesterton to what will occur in Burns Harbor without managed growth with one important difference: cars are going 30 mph on Indian Boundary and 50 mph on U.S. 20, he noted.

The Village resident Chelli Miller said people speed excessively on U.S. 20 and asked for a stop light at her subdivision entrance. “It’s scary already. It’s frightening going in and out of there.” Meeks said at the time The Village was platted, town police didn’t want its entrance on a curve but it was approved that way. McGee said if there’s an existing danger, why should Stone River compound it?

Kleckner said he employs eight people who use Domon Lane, which had 12 semis for his business on it last week. There have been close calls with people pulling out of Burns Harbor Liquors across the street, he said, but a deceleration lane would alleviate a lot of problems.

Tom Troy and Gary Hicks both said a master plan for development needs to be in place. Virginia Bain said the current one is in the process of being updated, but there’s no designated town center proposed at this time. Later in the meeting the commission agreed May 12 to discuss recommending a possible moratorium on new development in certain areas pending finalization of the master plan revision.

Troy said he moved to Burns Harbor in hopes of something for him, his children and grandchildren so they can live and shop there instead of always traveling out of town. Hicks said although he doesn’t object to Stone River per se, he doesn’t want mish-mash development. “How does it all tie in?” He called for a pedestrian bridge over U.S. 20.

Jim Constantine said he’s not for or against Stone River but pointed out that with 24 homes there could be 50 cars per day and with a business there could be 50 cars per hour.

Bain: “Play nice.”

Louis Bain urged Lewis, who was not present, Fleming and Roberts to work cooperatively to help the town develop the best way it can. The latter two developers, Ballard and Lewis builder Ric Milton disagreed whether there have been genuine attempts at cooperation now and in the past.

Two Stone River roads will be stubbed for future extension into Kleckner’s 10 acres; he asked that they be barricaded in some way so cars don’t mistakenly drive into his land. There is no connectivity to The Village.

Town Council member Toni Biancardi asked at what point the new Lewis Drive would be closed. Commission attorney Charles Parkinson said once accepted by the Town Council, it would be up to the council to close it and accept Domon Lane as a new public way. Fleming and McGee are also Town Council members.

Kleckner expressed concern about a drainage easement through his property for Stone River’s stormwater to reach Lawson-Swanson Ditch to the north; the easement would come very near his building. Ballard assured him the building won’t be compromised, and that Kleckner can continue to use Domon Lane.

Roberts asked that a sanitary-sewer manhole be extended into a grassy area of the right-of-way so a connection could be made in the future without tearing up the road. Milton said that would be an extra expense for the developer. Parkinson said it’s a matter between the developers, not the commission. Louis Bain later said the fact it was left unresolved was a concern.

Town engineer Hesham Khalil said although it would be better to take a regional approach for the area as far as drainage, lacking that the Stone River stormwater plan is sized to handle the existing watershed. As far as the project overall, “So far it’s meeting every code we reviewed.”

Prior to the Monday’s vote, Parkinson reminded commission members that unlike last year’s Stone River PUD, they alone have jurisdiction over subdivision approval with no Town Council involvement.

In other business, the commission agreed May 12 to finalize questions it plans to ask residents regarding preferences for town development. The questions used for the 1993 master plan update will be the basis. The Town Council will be asked to pay for self-addressed stamped envelopes to increase survey returns. Swanson reminded that this survey is only a starting point and additional input will be sought later.

Also next month the commission voted to conduct a public hearing on increasing the minimum lot width in a residential zone and cleaning up language regarding sideyard setbacks. Vote was 5-1 with McGee voting no. In addition, Khalil will report on flooding on Old Porter Road since construction of Ludington Nissan.

Posted 4/8/2008