Cedar Lake Town Council defers waiver on moratorium

At their meeting on Jan. 21, the Cedar Lake Town Council deferred a waiver for M&L Adventure, LLC for a 1.683 acre parcel of land located at 10715 W. 133^rd Avenue. The property is situated between P&M Auto Glass & Trim and the railroad tracks.

Attorney Nathan Vis of Vis Law in Cedar Lake represented the landowner at the meeting. He said his client has “operated a very successful dance studio in town” for the past decade and they’ve outgrown their current facility. The studio would move into an existing pole barn on the property, he noted, and the studio’s owners also wish to move forward with the construction of an additional commercial building as well. Vis added his clients would add to the pole barn to better accommodate the studio.

According to a site plan prepared by Torrenga Engineering of Munster, the commercial structure would have space for six units, which could be used for restaurants, offices or retail units among other possibilities.

Vis requested a waiver on Resolution 1349, which addressed concerns with the town’s water and sewer infrastructure. The measure halted any new developments in excess of one acre in size. Vis noted this was the first time a waiver for the moratorium was requested from council.

“We are under contract to purchase this building as 1.8 acres,” Vis explained. “Due to your current moratorium, we can’t pass Go until we get a green light from the town council.”

Vis reported he had a meeting in December with town manager Jeff Bunge, Department of Public Works director Tim Kubiak and town engineer Don Oliphant. He learned from the meeting there is water running parallel along W. 133^rd Avenue, and there is a 1-inch tap for water along with the opportunity to tap into the town’s sewer system.

Vis said he understood the size of the top would need to be increased to accommodate both structures, which would be the responsibility of his clients. He also noted any potential tenants would have to tap into the utilities as well.

Vis said his client was anticipating high water usage from the buildings initially.

After speaking with town attorney Dave Austgen, Vis said the best course of action would be seeking a Planned Unit Development (PUD) zone for the parcel “instead of seeking 10 different variances.” He noted the PUD could contain a high water usage restriction which would be in effect until otherwise decided by the town.

The project is estimated to be valued at $1.5 million to $2 million, Vis said, and would add to the tax base, create jobs and aesthetically enhance the northwest entrance into town.

“We’re really excited about it,” Vis said.

Vis noted there is a 1.5 acre parcel of land between the pole barn and the railroad tracks that is “currently owned by no one.” This was the result of an error made when the parcel was transferred between two railroad companies in 1935.

Councilman Bob Carnahan believed that Norfolk Southern Railroad owned it, but Vis said the legal title at the Lake County Recorder’s Office didn’t indicate as much.

Councilwoman Mary Joan Dickson asked if there would be a fence installed near the railroad tracks. Vis said the fencing requirement would be written into the PUD.

Council president Nick Recupito said they can “all agree we’re excited to see something happen here.” However, Recupito pointed out council has to “do their due diligence” in regards to the variance. He said the town has received a letter from the Indiana Department of Environmental Management (IDEM) that constrains the town on the west side.

Recupito also asked about a possible well on the property. Carnahan said there may have been a well when the Cook Lounge was on that site. However, Vis said the presence of a well “would be news to us.” He said the scope of the project will utilize of the town’s water services.

Recupito asked Kevin Baldwin about water availability and whether or not the buildings needed fire suppression. Vis thought the buildings were under the size in which fire suppression would be required. Cedar Lake Fire Chief Todd Wilkening confirmed Vis’ belief, but noted the building would still require fire stops to the roof lines.

Baldwin said they would need to know what the demands of the dance studio and the commercial building would be in regards to water usage. He also asked whether or not there was a “typical time of operation,” and he indicated a 24/7 operation may require more water. Vis said it would be typical, and anticipated a B-2 zoning use for the main building in the front of the parcel. He said the dance studio would likely just have water for bathrooms and office space.

Baldwin asked Vis for a preliminary memo in regards to what is known for water usage and demand on the buildings in order to further determine the buildings’ impact on the town’s water infrastructure.

“It’s really just knowing up front what is coming,” Baldwin said, “and knowing how much we need to anticipate for future expansion to the water system. That’s really just knowing what to expect that we can be at the ready for the west side for this. That’s why if it’s more than a typical demand to be added on. We’re just trying to be more transparent with this particular process.”

Austgen said a review of the details of water usage would be needed, as this will set the precedent for the town moving forward.

“We’re all starting from scratch,” Austgen said.

Recupito added they wanted to ensure that not only would there be “

no detrimental effect on the current water users,” but also to ensure Vis’ clients would be able to receive the water they need. He thought a deferral would be prudent, which would allow Vis to find the answers for which council is looking and allow for Austgen to review the agreement.

“I would prefer to defer this with the outstanding items,” Recupito said, “but defer this to the next meeting with hopes that you can get us those answers in that time.”

Council moved to defer the moratorium by a 7-0 vote.

The next meeting will be at 7 p.m. Feb. 4.