Town of Cedar Lake
Plan Commission
Public Meeting Minutes

Call to Order and Roll Call

President Kiepura called the meeting to order and led those present in the Pledge of Allegiance. Recording Secretary Hajduk called the roll.

Meeting Called to Order: 7:00 p.m.

Minutes

August 5, 2026 — Work Session; August 19, 2026 — Public Meeting

Motion to approve made by Mr. Becker; seconded by Mr. Swick.

Motion carries, 6–0.

Old Business

2025-45 — RHB Properties c/o Vis Law — Site Plan Approval APPROVED (6–0, on second motion)

Petitioner's Comments

Attorney Nathan Vis appeared by video conference on behalf of RHB Properties regarding a site plan for 13418 Wicker Avenue. He explained the petitioner is seeking approval to install a six-foot fence along the western property line, together with four-foot-tall arborvitae plantings at 50% spacing along the setback lines facing 135th Place and U.S. 41, following an earlier determination that commercial use of the property had lapsed and that a professional survey had identified the property's proximity to building setback lines. He stated the property would be used for interior storage only, with no outdoor storage, and that an on-site erosion-control review with Town Engineer Sherry had found no stormwater concerns.

Board Discussion

Vice President Wilkening raised extensive questions as to whether approval of the site plan as presented would waive multiple provisions of Zoning Ordinance No. 1402 beyond the arborvitae screening — including the required six-foot opaque screening height and spacing and other Chapter 17 site development standards — and asked about the status of a fine previously issued to the property for unpermitted commercial use, referencing a red tag issued by Director Kubiak. Attorney Vis stated he did not have current information on the fine's status, describing it as arising from a miscommunication during the application process, and stated any alleged discontinued use of the property predated his client's involvement.

Director Kubiak stated that site plan review was being required because a new business use is occupying an existing commercially zoned structure, consistent with how the Commission has historically applied Chapter 17, and that this is not a full new development subject to all developmental standards. Attorney Austgen advised that the Commission's decision should be grounded in the specific provisions of Ordinance No. 1402, and cautioned that, however the screening-height and setback questions were resolved here would set an interpretive precedent for future applications.

First Motion — Failed

Motion to approve the site plan as proposed by Attorney Vis, with a two-foot height waiver and a 50% spacing waiver for the arborvitae screening, and a requirement that the outstanding fine be paid or proof of prior payment provided within seven business days, made by Mr. Carnahan; seconded by Mr. Hunley.

Motion fails, 4–2.

Second Motion — Approved

Following the failed vote, discussion continued regarding the scope of Chapter 17's application to the property, after which Mr. Becker proposed a revised motion.

Motion to approve the petitioner's request to install a six-foot privacy fence along the western property line, with a waiver for four-foot-high arborvitae at 50% spacing, all other applicable provisions of Chapter 17 remaining in effect, and with the outstanding fine — if still unpaid — to be paid or resolved within seven business days, made by Mr. Becker; second made by Mr. Wilkening.

Motion carries, 6–0.

2026-20 — Dotson Farm c/o Vis Law — Concept Plan APPROVED (5–1)

Petitioner's Comments

Attorney Vis appeared on behalf of the petitioner and property owner regarding a concept plan for a removable farm stand at 12607 Wicker Avenue, proposed to operate Saturdays only from the date of approval through December 31, 2026. He presented a scaled site plan showing a 10-space parking area and, in response to a traffic-circulation concern Mr. Swick had raised at the prior work session, described plans for traffic cones and no-parking signage directing vehicles to enter from the north end of the shared lot near Give and Gather, along with signage discouraging roadside parking on U.S. 41. Hours were proposed as 7:00 a.m. to 5:00 p.m. on operating Saturdays.

Board Discussion

Mr. Swick, citing personal experience with a traffic accident in the vicinity, recommended the farm stand be located further from U.S. 41 than initially proposed; Mr. Vis agreed to relocate the stand approximately 20 feet east of the originally proposed location. Attorney Austgen asked whether any Indiana Department of Transportation review would be required; Town Engineer Sherry stated none was needed, as the plan adds no new access points and involves no work within the right-of-way. Attorney Austgen also confirmed he had received, and would review, a Use Commitment Agreement associated with the petition.

Motion to approve the concept plan for the property at 12607 Wicker Avenue, with the farm stand relocated 20 feet east as discussed, through December 31, 2026, and contingent on Attorney Austgen's review of the Use Commitment Agreement, made by Mr. Wilkening; seconded by Mr. Hunley.

Motion carries, 5–1.

New Business

2025-11 — Nathan D. Vis — Modify Development Agreement APPROVED (6–0)

Attorney Vis requested a 60-day extension, through November 15, 2026, of a development agreement deadline for the property at 12921 Parrish Avenue, stating the extension was needed while awaiting information from subcontractors regarding proposed water and sewer lines, and noting the Town Council had approved the same extension the previous evening. Attorney Austgen clarified for the record that the request was solely a 60-day extension of an existing deadline within the development agreement, with no other changes.

Motion to approve the petitioner's request for a 60-day extension, through November 15, 2026, made by Mr. Carnahan; seconded by Mr. Wilkening.

Motion carries, 6–0.

2026-21 — Goodfellas, 11200 W. 129th Avenue — Site Plan Waiver DEFERRED

Eric Lindemulder appeared regarding a site plan waiver for the former restaurant property at 11200 W. 129th Avenue, proposing to resume the prior restaurant use under new ownership. Discussion covered the number and dimensions of existing parking spaces (reported at approximately 41, of varying size), site lighting, pavement condition, and the need for bollards around a proposed outdoor dining and bar area. Mr. Lindemulder stated the property had been acquired through a federal auction but that the sale had not yet formally closed. He confirmed the petitioner intends to seek Board of Zoning Appeals approval for outdoor seating, alcohol service, and live music.

The Commission discussed whether to act on the site plan waiver before the Board of Zoning Appeals rules on the related variances, given uncertainty about what conditions the BZA might impose. Attorney Austgen advised that publication deadlines would likely prevent the item from reaching the BZA's October 8, 2026 meeting given the short turnaround, though President Kiepura indicated the petitioner could still attempt to meet the filing deadline if materials were submitted promptly, with November otherwise being the applicable BZA meeting.

Motion to defer the site plan waiver request for the property at 11200 W. 129th Avenue to the November 2026 work session, made by Mr. Wilkening; seconded by Mr. Becker.

Motion carries, 6–0.

2026-22 — 13955 Morse Street — Site Plan Waiver APPROVED (6–0)

Eric Lindemulder appeared regarding a site plan waiver for a proposed pet hospice comfort center (end-of-life veterinary care) at 13955 Morse Street. He described a long-standing shared driveway and parking arrangement with the neighboring property, stating the neighboring owner has not cooperated on a formal easement agreement, and proposed accessing five rear parking spaces using an approximately 11-to-12-foot-wide drive located on the petitioner's own property. Commission members discussed circulation given the narrow drive width and the absence of bollards, and asked about the disposition of animal remains; Mr. Lindemulder stated no remains would be handled on site, with all cases referred offsite. Mr. Swick noted a nearby pet crematorium as a likely resource.

Attorney Austgen confirmed the town would not bear liability for any dispute between the petitioner and the neighboring property owner regarding the shared access. Director Kubiak stated his view that the existing access and parking arrangement, used for decades under the site's prior medical office use, should continue to function adequately for the proposed low-traffic use. Mr. Lindemulder confirmed exterior lighting is in place and functioning and that the business would operate primarily by appointment, with no boarding or overnight stays.

Motion to approve the petitioner's request for a site plan waiver for the Hospice Comfort Center, including the business operations letter (hours, staffing, and business plan) provided to the Commission, made by Mr. Becker; seconded by Mr. Wilkening.

Motion carries, 6–0.

2026-23 — Tallow Balm Company — Site Plan Waiver APPROVED (6–0)

Niko Florecki appeared regarding a site plan waiver to open Tallow Balm Co., a retail and administrative headquarters use (product labeling, jar sanitizing, inventory storage, order fulfillment, and shipping) at 14424 Morse Street, in a space most recently occupied by a convenience store. He stated the business primarily sells at area farmers markets and events and would use the site for two employee vehicles, with no customer traffic, no semi-truck deliveries, and no outside sales representatives visiting the site.

In response to questions from Mr. Swick regarding the jar-sanitizing process, Mr. Florecki stated the business uses a regulated, food-safe disinfectant and sanitizing spray on empty jars sourced new from a supplier, rinsed with warm water in an existing sink and air-dried, and confirmed the products used are approved for disposal to wastewater.

Motion to approve the petitioner's request for a site plan waiver to open Tallow Balm Co. at 14424 Morse Street, incorporating the discussion of the business's operations, made by Mr. Wilkening; seconded by Mr. Carnahan.

Motion carries, 6–0.

Letters of Credit — Updates

Town Engineer Sherry provided status updates on three maintenance letters of credit. No formal action was taken on any of the three.

• Beacon Pointe East, Unit 3 ($42,226.69; expires November 5, 2026) — the developer intends to let the letter expire; a punch list is being prepared for this smaller development.
• Centennial Villas, Phase 1 ($93,460.79; expires November 15, 2026) — a punch list is similarly being prepared.
• Birchwood, Phases 1–3 and 5 ($395,168.95; expires November 16, 2026) — the developer expects to complete remaining punch-list items (primarily flatwork) within the week, with town re-inspection to follow.

Tabled Items

The following items remained tabled with no discussion:

• 2023-18 Bay Bridge
• 2023-19 Founders Creek
• 2023-20 Red Cedars

Public Comment

No public comment was received.

Adjournment

The meeting was adjourned. The next meeting is the Plan Commission Work Session on October 7, 2026, at 6:00 p.m.