Hobart Plan Commission adopts Findings for 605-acre fill permit, corrects code citation

At a special meeting on Feb. 26, 2026, the City of Hobart Plan Commission approved Findings of Fact for Docket No. 26-01, a fill permit for roughly 605 acres south of 61st Avenue, east of Colorado Street and north of 69th Avenue, voting 7-1 to adopt the document and provide it to the Board of Works ahead of pending appeals.

City Attorney Heather McCarthy told the commission the Findings of Fact would have been presented at the regular March 5 meeting but that several appeals of the permit required the commission to produce a written record sooner. "Due to several appeals of this fill permit, and pursuant to our municipal code appeals appear before the Board of Works and must respond to those in writing," McCarthy said.

Attorney Dave Westlund, speaking to the need for a complete administrative record, told commissioners, "It is important they have a full record of these findings so when they hear the appeals and issue their opinion, they have considered both what the party appealing has said as well as what the commission has said through the minutes and Findings of Fact."

The motion to approve the Findings was made by Commissioner Kreg Homoky and seconded by Commissioner Dave Vinzant. Before the vote, Westlund pointed out a scrivener's error in paragraph 3 of the draft Findings: the Hobart Municipal Code citation was transposed as Sec. 150.140. Homoky amended his motion to include correcting the citation to Sec. 150.104; Vinzant seconded the amendment. The amended motion carried on roll call, with Stuart Allen voting no and Lloyd Emig, Dan Schultz, Mark Kara, Maria Galka, Dave Vinzant, Kreg Homoky and Alex Metz voting aye.

The Findings of Fact document, prepared for Docket No. 26-01 and signed by the Plan Commission, records that Langan Engineering & Environmental Services, LLC, on behalf of petitioner Tuhaus, LLC, sought a fill permit for property with a site address of 6199 Colorado Street. The property is described in the document as approximately 605 acres and zoned M-1. The Findings note a public hearing on Feb. 5, 2026, during which remonstrances were heard.

The commission's written Findings impose several conditions on the fill permit: the mass-grading package must eliminate transport of soil, stone, gravel or other fill materials on or off the site except for materials used for environmental mitigation, temporary fencing, and stone required for temporary construction entrances; the commission and petitioner must discuss final entrance locations along 61st Avenue (with stated preference to align entrances with Arizona Street) and the creation of a path or trail between the north side of the berm and the gas pipeline before any site-plan approval; the fill permit will expire once a site plan is approved; and the application and mass-grading package may be amended only by agreement between the commission and petitioner prior to site-plan approval.

At the start of the special meeting Mr. Vinzant had moved to accept the agenda; the commission approved that motion unanimously (8-0). Following the Findings vote, Mr. Vinzant moved to adjourn; Mr. Homoky seconded and the commission adjourned at 5:35 p.m.

The Board of Works, which hears appeals of Plan Commission decisions, will receive the minutes and the adopted Findings as part of the record for any pending appeals. The timeline for the Board of Works' consideration was not specified at the meeting.