By MARGARET L. WILLIS

The Chesterton Park Board voted unanimously to send a favorable recommendation to the Advisory Plan Commission on Sand Creek Phase 7, the addition of 15 single-family lots just off County Road 250E, with one major stipulation.

The developer must agree to pay the Recreation Impact Fee (RIF) on each unit, even if the first building permits are issued before the Impact Fee officially takes effect.

Attorney Clyde Compton initially balked at the idea, and some board members felt that since most of the development will likely occur after the Impact Fee takes effect in March of 2008, the stipulation would not be needed.

Board member Roy Flaherty disagreed and convinced his fellow board members to support the conditional approval.

Two other developers have previously agreed to pay the fee on all units in their developments, Flaherty said, “That set the template for me,”

Compton asked whether the park board would still accept small, open space lots as park land, which the board flatly refused to consider.

“I can’t in good conscience accept a parcel inside a gated community. Public land means full public access, “ Flaherty said.

The RIF is set at $1,171 per each new residential dwelling unit, including individual apartments, with the money going to provide new and expanded Chesterton park facilities required by such development.

Compton initially said he would have to confer with his client on the matter, which prompted Flaherty to say he’d be “uneasy to move forward,” suggesting the matter be taken under advisement.

That could set the process back for Compton and his client, since the secondary plat approval hearing is already set for November.

Board member John Kroft said he felt it would work out in the Park Department’s favor either way, since construction between now and March is unlikely.

“I don’t see it as unreasonable,” said Flaherty.

In the end Flaherty’s motion to give a favorable recommendation contingent on payment of the RIF on all dwellings got a second from Kroft and passed unanimously.

The PUD got primary plat approval in August. Compton at that time estimated the lots would sell for $200,000 each.

Sand Creek Phase 7 proposes building 15 single-family lots between the second and third holes of the marsh course. Those homes would be reached by passing through Phase 6, proposed as a PUD with 34 units. Both phases would be located west of County Road 250E (Friday Road) south of Porter Avenue; entry would be on a new gated Brae Burn Boulevard off 250E.

The Chesterton Advisory Plan Commission, which conducted a public hearing August 16, voted 6-1 to forward to the Town Council a favorable recommendation for final action on the Phase 7 PUD.

Commission member George Stone voted no on both the Phase 6 and 7 recommendations. “Gated communities have no place in the Town of Chesterton,” he stated at the time.

Members Jeff Trout, Frank Sessa, Mike Bannon, Steve Yagelski, President Fred Owens and Niepokoj voted yes.

Posted 10/3/2007