Plan commission defers Grace Church primary plat after curb-and-gutter waiver fails; residents cite creek erosion

The Town of Saint John Plan Commission on June 18 deferred action on a primary plat for Grace Church at 13809 West 100 and Ninth Avenue after commissioners failed to approve a waiver request that would exempt the project from installing curb and gutter.

Residents who live along Moraine Drive told the commission the creek behind their homes is already causing severe erosion and that adding church drainage or pump discharge could make conditions worse. "Adding the church's drainage without safeguards could have serious consequences for the ecosystem and all 7 properties along Moraine Drive," resident Carla Moreno said.

The applicant, Max Rajeski of DBG Team, said the project has engineering approvals in hand and requested the waiver from section 21a-44a (the town requirement to install curb and gutter on fronting roads). He told the commission the project will add a detention pond so runoff will be released at a controlled rate and will not free-flow into the watercourse. "It will reduce runoff, because that's what's required," Rajeski said.

Town Engineer John Dykstra told the commission the watercourse drains more than 300 acres upstream and that the proposed 9.79-acre church parcel must follow the town's stormwater controls. He said the church's detention pond is modeled to limit release to the two-year storm under current code, and that the design was verified by the town's engineer.

Several residents pushed a different view. Justin Teach, who identified himself as a Moraine Drive property owner, argued the town had not responded to residents' complaints and said local law gives neighbors remedies if the town allows development that worsens drainage. "If you approve this development without fixing the drainage issues you've known about for the better part of a year you will be out of compliance with your own legal obligations," Teach told the commission, citing Indiana Code 36-7-4-603 and related drainage statutes.

A motion by Commissioner John Gill to grant the waiver from curb and gutter (made "per Lake County's recommendation") was seconded but failed for lack of a unanimous vote after roll-call; one commissioner voted no. The commission then voted to defer consideration of the primary plat to the July meeting so engineering correspondence and outstanding county driveway/roadway approvals can be completed.

Discussion vs. decision: the commission heard technical explanations from the applicant and the town engineer and multiple resident statements during the public hearing; no final primary-plat approval or legal finding was adopted at the June meeting. The waiver vote constituted a formal action and failed; the primary plat action was formally deferred by majority vote.

The commission record shows outstanding items to be resolved before final consideration: a pending letter from Lake County Highway confirming driveway/roadway conditions and the town engineer's final review responses to the site plan package. The commission asked the applicant and residents to continue coordination and noted the commission's role is to make a recommendation to the town council for final approvals.

Planning staff set the Grace Church primary plat for the Plan Commission's July public meeting.