Plan Commission approves Family Express three‑lot subdivision at 751 Lincoln Highway with contingencies and pending BZA variances

The Schererville Plan Commission on April 6 voted 7-0 to grant primary approval to a three‑lot C3 highway commercial subdivision at 751 Lincoln Highway proposed by Family Express Corporation, subject to conditions and required follow-up reviews.

The petitioner’s presentation (recorded in the transcript as remarks by project representatives and engineers, including James Hus Jr., P.E., and counsel) described two requested waivers: a waiver from the storm drainage ordinance methodology for determination of retention/detention storage volumes (cited in the record as “storm drainage ordinance number 209 chapter 3”) and a waiver from the subdivision control ordinance (recorded as “subdivision control ordinance number 1095, title 5, section 5, paragraph A”) that would allow lots two and three to access the public right of way by ingress/egress easements rather than direct US 30 driveways. The petitioner said lot one would be occupied by Family Express while lots two and three would be marketed for future development.

NIS Engineering submitted correspondence dated April 3 noting that the preliminary plat was in order for primary consideration but listing contingent items: Lake County Drainage Board review for lot two and three, an Indiana waterways/wetland and floodplain review, and photometric/lighting nonconformities that do not meet town code (including measured overspill exceeding 0.3 foot‑candles in a few small areas and a uniformity ratio issue). The petitioner said they would pursue supplemental variances before the BZA for those lighting items and noted that some variances were previously granted during their earlier BZA review.

On the record, the presenter described the site work and access improvements, including a five‑foot right‑of‑way grant on Klein Avenue and a commitment by Family Express to pay for half of the roadway widening. Commissioners asked clarifying questions about the lighting variances, and the petitioner explained the technical reasons, mitigation possibilities and the plan to return to the BZA as needed.

Commissioner Jarvis moved to approve the plat contingent upon the items noted in the NIS Engineering correspondence and on the understanding that the five‑foot right‑of‑way grant and roadway improvements would be completed. The motion passed 7-0. The approval authorizes the applicant to proceed with lot‑one improvements and requires continued review and any necessary variances before full build-out of lots two and three.