Cedar Lake Plan Commission Work Session Minutes

Call To Order:

Mr. Kiepura called the Plan Commission Work Session to order on Wednesday, December 3, 2025 at 6:00 pm with its members attending on-site. The Pledge of Allegiance was said by all.

Roll Call:

Members Present via Zoom: None

Members Present On-Site: Chuck Becker; Robert Carnahan; Pete Swick; Jerry Wilkening, Vice-President and John Kiepura, President. A quorum was attained. Also present: Luke Sherry, Town Engineer; David Austgen, Town Attorney; Benjamin Eldridge, Town Manager; Tim Kubiak, Director of Operations; Cheryl Hajduk, Recording Secretary

Absent: Greg Parker; James Hunley

Old Business:

1. 2025-37- Quick Run Gas Station Lakeview Business Park lot 1.5

Mr. Kiepura stated the first item of old business is for Petitioner is requesting approval of Preliminary Plat.

Mr. James Hus, representing Shamir Manhani and CLBD South LLC, commented that Mr. Manhani intends to construct a Quick Run gas station on 1½ lots of the Lakeview Business Park PUD at the northeast corner of US 41 and 141st Avenue. At the previous meeting, the commission declared that the consolidation of Lots 1, 2, and 3 into future Lots 1 and 2 would be considered a minor change to the PUD, allowing for the administrative action of generating a preliminary plat. The preliminary plat creates two new lots out of the three existing lots.

Mr. Hus noted he will be requesting a vote to approve the preliminary plat at the December 17th public meeting. He also presented site plans, building plans, and landscaping plans for discussion. Mr. Sherry provided his first review letter on Monday, with only minor comments that will be addressed quickly. Final plat and subdivision approval is expected at the January public meeting.

Mr. Sherry commented the engineering comments were pretty minor and Mr. Hus has plenty of time to address all items before the voting meeting.

Mr. Austgen commented everything looks good with the lot consolidation and site plan moving forward as projected.

Mr. Huss clarified that technically the plat is in the name of CLBD South LLC because they are the current owners who must subdivide the property. Once the final plat is recorded, they will sell the new Lot 1 to Mr. Manhani.

Mr. Carnahan commented this appears to be a clean project. Mr. Huss confirmed this is fully compliant with the PUD and is a variance-free development.

2. 2025-40 Dynasty Homebuyers LLC

Mr. Kiepura stated the next item of old business is for Petitioner is seeking approval to divide one existing apartment into two separate units on a B-1 zoned property.

Mr. Jake Rhodes, Dynasty Real Estate, 200 West Glen Park Avenue, Griffith, Indiana, commented he appeared before the commission a couple of weeks ago and received approval for exterior renovations including roof, windows, siding, and exterior improvements to bring the property back to life. As promised, he returned to discuss the interior apartment division.

Mr. Rhodes explained the upstairs is currently a single 1,936 square foot apartment unit with one kitchen, three bedrooms, and two living rooms. The proposal is to divide it into two units:

• Unit 1: 1,000 square feet
• Unit 2: 936 square feet (meets the minimum 900 square foot requirement)

Mr. Rhodes confirmed there is ample parking for both the apartment units and the downstairs commercial space, with 11 spots for commercial and 4 spots for the apartments, plus additional parking area in the back if needed.

Discussion ensued regarding access to the units:

• The larger unit has a staircase from the front of the building and an exit out the back
• The secondary unit would have a deck with stairs
• Question raised about whether a second exit is required for the smaller unit
• Both units will be separated with firewalls and individually metered
• Unit 1 has a staircase coming in off the street with its own entrance, plus a door at the bottom of the stairs for access

Mr. Kubiak commented he needs to research whether two exits are required for the 900 square foot unit or if an egress window would be sufficient. He also needs clarification on how the entrance for Unit 1 works with the downstairs commercial space, ensuring proper separation and security.

Mr. Wilkening raised concerns about the setback from the east property line. The survey shows 37.8 feet, and with a 30-foot setback requirement, the deck cannot extend more than 7.8 feet. Discussion ensued about whether the existing non-conforming building to the north (at 21 feet) would affect the requirement.

Mr. Kubiak indicated he would review the setback requirements, noting that as long as the deck doesn’t exceed 7 feet 8 inches and stays within the same footprint as existing structures, it should be acceptable.

Discussion occurred regarding the stone drive shown on the plans:

• Mr. Wilkening noted the drive should be blacktopped rather than stone
• Mr. Kubiak suggested the drive might not be necessary given adequate parking in the front
• Concern raised about creating multiple access points and road cuts
• Mr. Rhodes explained the drive provides convenience for the south unit residents to access their stairs
• Mr. Rhodes agreed to pave the area if it remains in the plans

Mr. Kubiak clarified the parking plan, noting residents would pull in off Morse Street and have space to maneuver before entering traffic. The parking spots are 10 by 20 feet, providing adequate space for vehicles to back up and orient before exiting to the street.

Mr. Kiepura indicated approval for splitting the upstairs units will be considered at the December 17th public meeting, contingent on:

• Mr. Kubiak providing determination on second exit requirements for both units
• Clarification on entrance/stairway arrangements and security between residential and commercial spaces
• Deck and stairway remaining within 7 feet 8 inches to maintain 30-foot setback
• Site plan showing gravel areas being paved
• Maintaining same footprint for decks and stairs

Mr. Rhodes confirmed he already has a permit to begin exterior work and everything will be ready for the December 17th meeting.

New Business:

1. 2025-43- Lakeview Business Park Lot 9

Mr. Kiepura stated the first item of new business is for Petitioner is requesting approval of site plan for a new structure and occupancy for their Modern Heating and Cooling business.

Mr. James Hus with DVG Team, representing Brad Zditosky and Modern Heating, Cooling and Modern Building Contractors, presented the site plan for Lot 9 in Lakeview Business Park PUD at the southeast corner of Osborne Street and 137th Place. While plans for this lot have been presented previously, DVG has been brought in to provide required submittal items. This development will not be up for approval in two weeks but is being introduced at this work session.

Mr. Brad Zditosky, Modern Heating and Modern Building Contractors, commented they plan to develop the site with a pre-engineered building. Modern Heating will occupy 50% of the building, with the other 50% available for future tenants including office space and warehouse space. Modern Heating has been in business since 1963 and is currently located in Schererville, looking to move to Cedar Lake.

Mr. Zditosky explained the rental portion consists of three office spaces and five warehouse spaces, which could potentially be rented to one tenant or divided into individual units (A through H). Any future occupants would need to come before the Plan Commission for approval before moving in.

Discussion occurred regarding parking. Mr. Zditosky confirmed they have 27 parking spaces when only 24 are required based on the square footage for office and warehouse space. Modern Heating has one truck that sometimes sits in the parking lot but can likely be parked inside the building. No outside storage is planned – everything will be stored inside.

Mr. Sherry cautioned about multi-tenant buildings, emphasizing all services (water, sanitary) must be separate for each tenant. Most engineering comments will come later when plans are advanced.

Mr. Hus noted that snow has delayed verification survey efforts, but they will work quickly to provide materials. Since there are no modifications to the lot, this would not require a preliminary plat process and could go straight to site plan approval. The earliest this could be up for approval would be the January meeting.

Mr. Austgen confirmed they discussed water services and have a flexible game plan. Modern Heating occupies the south half of the building (five bays and three office spaces), with the north half as a mirror image for future flexible tenant configuration. The concept fits within the PUD guidelines.

Mr. Carnahan asked about handicap parking for different occupants. Mr. Austgen confirmed handicap spots are needed for office spaces but not for individual warehouse spaces. The site plan shows one handicap spot on each side of the building.

Mr. Wilkening confirmed the overhead doors are at grade with no docks for semi-truck backing.

2. 2025-44- Culler – Preliminary Plat

Mr. Kiepura stated the next item of new business is for Petitioner is requesting Preliminary Plat for lot amendment for the Winding Creek Subdivision.

Mr. Nathan Vis, on behalf of Josh Culler, commented they last appeared approximately one year ago. This concerns Winding Creek Estates; a small subdivision approved as a development in 2008-2009. When originally created, there was an anticipated Out Lot A in the middle of the development with discussion about potentially creating it as a park area. After most homes were installed (with one empty lot remaining), a public park was installed about a block away. The homeowner association announced in 2018 that it would no longer operate.

In 2021 or 2022, residents approached Mr. Vis, paid for a surveyor, and deeded portions of Out Lot A to the four adjacent lots (Lots 1, 2, 3, and 4). Subsequently, Mr. Culler applied for a fence permit and to install a pool. It was observed that because this was part of an out lot, it needed to come back before the commission to amend the plat.

Mr. Vis discussed with Mr. Austgen last September that the cleanest approach would be to prepare a simple plat amendment. The request is to create a simple plat amendment overlay to be recorded at the county for clarification purposes moving forward, affecting only the four properties on 137th Avenue (Lots 1, 2, 3, and 4).

This involved Mr. Sherry’s predecessor last fall, with a request to conduct 811 locates and examine utility and drainage easements to determine if expanding these lots would have any negative effects. The understanding is that there would not be negative effects, and the easements would continue to exist and are shown on the plat.

Mr. Sherry confirmed there is storm sewer infrastructure present and as long as the easements remain in place, the plan is acceptable.

Mr. Austgen clarified there are four separate applications because each of the lots is different, but this single plat amendment cleans up all four pieces that were split. He explained the difference between viewing this as a major or minor plat amendment:

• Minor amendment: Would not require public notice process; would be ministerial with no public hearing
• The petitioner’s position is this constitutes a minor amendment
• The commission will need to determine if they agree with this classification

Mr. Wilkening confirmed all easements will remain in place. If homeowners build something over an easement (such as a fence) and access is needed, removal and rebuilding would be at the homeowner’s expense.

Mr. Vis noted that one owner on Lot 2 passed away in the last four months. When the final plat is recorded, ownership will need to be updated (it was ownership with rights of survivorship, so this is being coordinated with the surveyor).

Mr. Wilkening raised the issue of Out Lot B to the north, which is still titled and given an address, but weeds are not being maintained. Mr. Vis explained that a gentleman two houses north of the out lot is listed of record with the county as the HOA representative, even though the HOA is defunct. Residents in the development have taken turns maintaining that lot, though whether this meets town standards are unknown. This highlights the difficulty created when there are no active HOA and no fallback position in the covenants.

Letters of Credit:

1. Summer Winds -Unit 2 – Performance Letter of Credit in the amount of $279,817.13 to expire on December 20, 2025
2. Summer Winds – Unit 3 – Performance Letter of Credit in the amount of $14,575.48 to expire on December 23, 2025

• The Town confirmed its plan to pull performance bonds for incomplete Summer Wind developments due to lack of renewed letters of credit.
• The Town Council ratified authorization to pull two performance letters of credit totaling approximately $494,445 on December 10, 2025, due to lack of renewed bonds from the developer
  • Staff discovered the original letters of credit were never finalized because the town did not sign required term sheets, necessitating emergency action to secure surety protection.
  • The bonds cover outstanding work at Summer Wind Unit 2 and Unit 3, with sufficient funds to complete remaining repairs and maintenance.
  • The Town will assume responsibility for winter road maintenance after bond pull, with future maintenance bonds required for a three-year period post-completion.
  • Inspection fees are included in the developer’s payments, minimizing additional costs to the Town despite increased oversight.
  • The action reflects a shift toward more stringent enforcement and financial protection to ensure project completion without further delays.

A motion was made by Mr. Becker and seconded by Mr. Wilkening to ratify the Town Council’s actions of December 2, 2025. Motion passed unanimously by roll-call vote:

Public Comment:

None was had.

Adjournment:

Mr. Kiepura adjourned the meeting at 6:50 pm.