OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Lake County Plan Commission Meeting - May 20, 2026

County Boards & Commissions — Wednesday, May 20, 2026
BodyLake County, Indiana
SessionCounty Boards & Commissions
DateWednesday, May 20, 2026
StatusFILED
Video Record
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Transcript — Verbatim
0:01

I mean yeah not compared to some years but we'll do it.

0:06

Oh yeah, good point.

0:08

Good point.

0:13

Oh yeah.

0:34

This is what you're talking about.

0:41

I think I could select that wire.

0:53

You see your ring?

1:05

Yeah, yeah.

1:11

I wish I didn't have to say tour.

1:21

Okay.

1:35

There it goes and then make it all.

1:42

I don't know if you will go beauty sleep.

1:47

That guy's working.

1:49

I think it's just the most important.

1:57

That guy is speaking to how to call it.

2:00

Wow.

2:13

Hopefully it keeps going.

2:26

Is this the kitty table over here?

2:32

So you might even be hot all the time because they're not current.

2:41

Let me know if you need to move on to you.

2:44

Well, today I actually put together a binder.

2:47

So uh spread out.

2:52

Oh, yeah.

2:54

Me too.

2:55

Can everybody hear me?

2:58

All right.

2:59

All right.

3:00

All right.

3:01

Well, uh then I will call the uh May 20th, 2026, uh meeting of the plan commission uh to order if we can all stand for the Pledge of Allegiance.

3:30

The following is the emergency exit announcement.

3:33

Case an emergency, exit the auditorium, proceed to the nearest exit and exit the building.

3:38

You require assistance, a plan commission employee will escort or assist you.

3:42

Please silence your cell phones during this meeting.

3:44

You receive a call during this meeting, please excuse yourself with as little disruption as possible to these proceedings.

3:51

Thank you.

3:51

Roll call.

3:58

Present.

4:09

Here, we have a core.

4:11

Communications.

4:14

Turn it over to Ned.

4:17

Communications.

4:19

I mean, we have a couple of um items on the agenda that are going to be deferred.

4:26

Steve, I thought you were gonna handle it.

4:28

I will take care of that.

4:29

Uh under old business item number two twenty-six ZC02, Tyler Jabay, Jabay Ventures LC is the owner, and this law is a petitioner.

4:38

This property is located at the northwest quarter at the intersection of West 45th Avenue and Hayes Street, and located at northeast and northwest quarters at the intersection of West 44th Avenue and Hayes Street in Kelly Met Township.

4:49

The request is for a zone change from R3 one to four family zone and B2 World Business Zone to B3 General Business Zone.

4:56

The purpose is to allow a proposed landscaping business.

5:07

Staff is going to recommend deferral of that petition.

5:10

Continuing on under new business.

5:19

I remember somebody have a written request uh from the remonstrat demonstrate on behalf of their attorney to defer item number seven twenty-six stash SD at zero three.

5:28

Minerva Moya is the one of the petitioner.

5:30

The property's located approximately eight tenths of a mile south of West 197th Avenue on the east side of State Line Road, also known as two zero four zero seven State Line Road in West Creek Township.

5:40

This request is a special exception from the unincorporated unequivocally county unified development orders article.

5:46

I'm sorry, title one fifty-four, Article two agriculture and residential districts, chapter twenty, principal uses A, agricultural and residential district uses, table two dash two.

5:55

Agriculture and residential district use regulations, agritourism permitted in an A one agricultural zone by special exception.

6:02

The person request is to allow an agri tourism dash aggregatement use.

6:06

And we do have a letter as stated by attorney representing weather monstrators uh citing sections of our rules of procedure asking for a deferral of that request.

6:17

I believe that includes communications for amending the zoning, I'm sorry, the agenda uh since since this is a very unusual request which we don't receive on a regular basis, especially from an adjacent property owner requesting a deferral.

6:35

I'd like for Christian to weigh in on that so that everybody understands that because the Moyas are here and I'm sure that they're probably wondering what's going on at this point.

Discussion Breakdown — Share of Meeting
Procedural█████████████13%
Environmental Protection██████████10%
Licensing And Permits█████████9%
Technology and Innovation█████████9%
Economic Development███████7%
Engineering And Infrastructure█████5%
Land Use Planning█████5%
Water And Wastewater Management█████5%
Public Safety█████5%
Summary of Proceedings

Lake County Plan Commission Meeting - May 20, 2026

The Lake County Plan Commission met on May 20, 2026, at 5:30 PM to consider several zoning requests, public hearings, and a study session. The most significant item was a proposed data center rezone (26-ZC-01) which, after extensive public testimony, was forwarded to the County Council with no recommendation. A battery energy storage system (BESS) rezone (26-ZC-07) also received a no-recommendation vote. Other items included approvals for residential rezonings, a plat vacation for ballfield expansion, and deferrals for a storage subdivision and an agritourism special exception. The meeting also included a brief BZA session that approved three variance requests.

Consent Calendar

  • None explicitly designated, but several items were approved unanimously without separate roll-call votes (e.g., 26-ZC-05, 26-ZC-06, 26-VAC-01).

Public Comments & Testimony

  • Data Center (26-ZC-01): Dozens of residents spoke in opposition, citing violations of the comprehensive plan, threats to groundwater and farmland, noise, light pollution, and cumulative industrial impacts. Supporters included the Tri-Creek School superintendent (who asked for school funding considerations if the project proceeds) and a union representative. A local candidate urged denial.
  • Battery Energy Storage (26-ZC-07): Concerned residents raised issues of fire safety, hydrogen fluoride gas, noise, well depletion, and proximity to a church. The Rangeline Presbyterian Church elder requested denial. Supporters from the building trades and Lake County Economic Alliance emphasized jobs and tax revenue.
  • Other Items: On 26-VAC-01 (plat vacation), a neighboring resident expressed flooding and traffic fears. The petitioner responded that no new road connections are planned. On 26-ZC-06 (Brill), a neighbor reported flooding and construction noise from the existing development.

Discussion Items

  • 26-ZC-01 (Sunnybrook Farm Data Center): Petitioner requested A-1 to M-1 rezone for a 500-megawatt data center on ~160 acres. Staff recommended a condition limiting use to data centers. After public comment, a motion for unfavorable recommendation tied 4-4. A subsequent motion to send with no recommendation passed 5-3.
  • 26-ZC-07 (Van Kalker BESS): Petitioner sought A-1 to CD rezone for a 40-acre battery storage facility. Detailed safety presentation included compliance with NFPA 855, 2026 edition, and third-party fire expert testimony. Motion for favorable recommendation failed 4-3. Motion for no recommendation passed.
  • 26-ZC-05 (Plank): Unanimous favorable recommendation for A-1 to RR rezone for a 30-acre residential subdivision.
  • 26-ZC-06 (Brill): Unanimous favorable recommendation for A-1 to R-1 rezone for a 10-lot subdivision. Discussion on stormwater and construction hours.
  • 26-W-05 & 26-PS-03 (Uncle John's Self Storage): Deferred to next meeting to finalize easement documentation for a drain tile relocation.
  • 26-VAC-01 (Lowell Baseball): Approved to vacate three outlots for future ballfield expansion. Staff noted floodplain and drainage board approvals will be needed for any development.
  • 26-SE-03 (Minerva Moya Agritourism): Deferred one month after remonstrators’ attorney cited a pending court case and insufficient preparation time.
  • Study Session (26-SS-10, Silver Rock Holdings): Presented plan to bring fill to level a 42-acre parcel near US 41 for future commercial development. No action taken; session concluded.
  • BZA Items (convened during PC recess): Approved variance for a 40x70 accessory building (26-B-3), a floodway variance for an above-ground pool (26-UV-03), and a setback variance for a garage (26-B-10).
  • Lighting Ordinance: Commission voted to advertise a draft lighting ordinance for commercial/industrial uses for next month’s public hearing.

Key Outcomes

  • 26-ZC-01: Sent to Lake County Council with no recommendation (5-3).
  • 26-ZC-07: Sent to Lake County Council with no recommendation (vote after tie, then no rec passed).
  • 26-ZC-05 & 26-ZC-06: Favorable recommendations (unanimous).
  • 26-W-05 & 26-PS-03: Deferred to June 17, 2026.
  • 26-VAC-01: Approved.
  • 26-SE-03: Deferred to June 17, 2026.
  • BZA Items: All approved (variance for accessory building, pool, garage).
  • Lighting Ordinance: Approved for advertisement.

Meeting Transcript

I mean yeah not compared to some years but we'll do it. Oh yeah, good point. Good point. Oh yeah. This is what you're talking about. I think I could select that wire. You see your ring? Yeah, yeah. I wish I didn't have to say tour. Okay. There it goes and then make it all. I don't know if you will go beauty sleep. That guy's working. I think it's just the most important. That guy is speaking to how to call it. Wow. Hopefully it keeps going. Is this the kitty table over here? So you might even be hot all the time because they're not current. Let me know if you need to move on to you. Well, today I actually put together a binder. So uh spread out. Oh, yeah. Me too. Can everybody hear me? All right. All right. All right. Well, uh then I will call the uh May 20th, 2026, uh meeting of the plan commission uh to order if we can all stand for the Pledge of Allegiance. The following is the emergency exit announcement. Case an emergency, exit the auditorium, proceed to the nearest exit and exit the building. You require assistance, a plan commission employee will escort or assist you. Please silence your cell phones during this meeting. You receive a call during this meeting, please excuse yourself with as little disruption as possible to these proceedings. Thank you. Roll call. Present. Here, we have a core. Communications. Turn it over to Ned. Communications. I mean, we have a couple of um items on the agenda that are going to be deferred. Steve, I thought you were gonna handle it. I will take care of that. Uh under old business item number two twenty-six ZC02, Tyler Jabay, Jabay Ventures LC is the owner, and this law is a petitioner. This property is located at the northwest quarter at the intersection of West 45th Avenue and Hayes Street, and located at northeast and northwest quarters at the intersection of West 44th Avenue and Hayes Street in Kelly Met Township. The request is for a zone change from R3 one to four family zone and B2 World Business Zone to B3 General Business Zone. The purpose is to allow a proposed landscaping business. Staff is going to recommend deferral of that petition. Continuing on under new business.

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