April 7, 2011
The Ellettsville, Indiana Plan Commission met in
regular session on Thursday, April 7, 2011 in the Fire Department Training and
Conference Room located at 5080
West State Road 46. Clayton Sullivan called the meeting to order
at 6:00 p.m. Dan Swafford led the Pledge
Roll Call: Members present were: Clayton Sullivan – Vice President; Don
Calvert; Dan Swafford and Sandra Hash, Secretary. Phillip Smith, Phillip Rogers and Ron Wayt were
Griffin, Planning Director, was also present.
Approval of the Minutes –February 3, 2011
Clayton Sullivan entertained a motion for approval of the February 3, 2011
minutes. Dan Swafford made a motion to
approve the regular meeting minutes for February 3, 2011. Don Calvert seconded. Roll call vote: Clayton Sullivan – yes; Don Calvert – yes; Dan
Swafford – yes; and Sandra Hash – yes.
Motion carried 4-0.
Charitable Foundation Rezone – 820 W. Temperance from Residential 1 to
Commercial 2, Parcel ID Number:
0090347000 – Connie Griffin
Introduction and Petitioner Darby McCarty
Griffin, Director of Planning – Smithville has created a foundation and they are in
need of an office for its operation. The
home at 820 W. Temperance will be used for meetings, small events and an
office. No residents are expected to
live at this location. The petitioner
has made arrangements for parking in the church lot south of the property. The legal acreage is .02 acres. There were no Town Code violations noted. All zoning paperwork fees and notices have
been filed by the Petitioner as required.
The Planning Department recommends the zoning change from Residential 1
to Commercial 2. The Comprehensive Plan
has been reviewed. The five elements
required for rezoning a property are as follows:
That the proposed
zoning is consistent with the land use policies contained in the Comprehensive
Plan because State Road 46 is considered a commercial corridor.
have changed in the area since the original zoning was established because more
properties in the area have rezoned to C1, C2 and C3 along the commercial
facilities are available to support the proposed development because the new
use as a foundation will not cause additional traffic issues. Parking is very limited but the church has
extended the use of their parking lot to Ms. McCarty.
zoning will establish a desirable precedent in the area because a charitable
foundation is a positive use in the Downtown area.
rezoning is compatible for surrounding land uses.
Sullivan – Asked how many people Ms.
McCarty planned on having on her staff.
Ms. McCarty said she didn’t think there would be any more than two on
Dan Swafford – Asked Ms. McCarty if she would be making any
renovations to the building. Ms. McCarty
responded she would be painting some of the rooms.
Sandra Hash – Asked what type of functions would be held at the
foundation. Ms. McCarty answered the
foundation had representatives from each of the seven counties served by
Smithville and once a year there would be an annual meeting held at the
headquarters. There would also be small
meetings with the foundation grant recipients from time to time.
Dan Swafford made a motion to rezone from Residential 1 to Commercial 2,
the commercial property for the Smithville Charitable Foundation, 820 W.
Temperance, for this to proceed to Town Council on April 25, 2011. Don Calvert seconded. Roll call vote: Clayton Sullivan – yes; Don Calvert – yes;
Dan Swafford – yes; and Sandra Hash – yes.
Motion carried 4-0.
Fast Max – Proposed Development Introduction by Petitioner for a Vehicle Drive Thru
for Tobacco Shop
Griffin, Director of Planning – Kocolene wants to put a drive thru behind the Fast
Max location. The Planning Department
received one document as review materials and it is in the meeting packet. She and Rick Coppock, Town Engineer, reviewed
the document and it falls short of the Town’s requirements for development
review. In the meantime, they have
discussed a few things with Fast Max. A small sliver of the Williams’ property
was given to Kocolene. At the time, the
rezone was not publicly advertised. The
former director decided to leave the Williams’ property as an R1. If this area
is encroached upon the property sliver will have to be rezoned and advertised
as required. She has requested
additional information from Kocolene. If
they request a rezone this project could be delayed due to the time requirements
and restraints. The project will return
before the Plan Commission in May, or possibly June. The area being considered for rezone is a
steep area in the back of the Kocolene property. Ms. Griffin suggested the Plan Commission
members walk the site.
Dan Swafford – Previously met with Kocolene people on site. Mr. Swafford asked if they were to be at this
meeting. Ms. Griffin responded they were
going to introduce the project at this meeting but due to the rezone they were
not ready to do so. Dan Swafford
explained to Rick Coppock he is concerned with drainage issues. Mr. Coppock responded grading and design plans
were needed to see how they plan to drain the site with the modifications. Dan Swafford asked where the setbacks
Griffin responded from the property line back and it’s
doubled, so it is 40 feet. Mr. Swafford
asked at what point setbacks start. Mr.
Coppock responded we needed to review the Town Code. Mr. Swafford asked Connie
Griffin for the Town Code as it pertains to setbacks. Ms. Griffin will email the Town Code to Dan
Swafford. Mr. Swafford stated there has
always been confusion on where the actual setbacks start, whether it’s the
driveway or the corner of the building. The
Kocolene representative had mentioned relocating the heating and cooling units,
a shed and the dumpster. There will be a
problem with one of the corners. It
needs to be clarified in the Town Code whether or not it is to be the sidewalk,
the edge of the black top, the curb, the building or exactly where the double
setback will start. Sandra Hash stated
she assumed any setback would be from the building. Mr. Swafford commented if this is true, then
Kocolene would be fine because all they are extending is the driveway. Ms. Griffin stated they had requested that
Kocolene show the setback in the plans.
There is Residential 2 up the hill from Kocolene and there is a buffer
between the uses. This is an annexed
property from Monroe
County and the Town does
not have any of the original specifications on the project. The project specifications have been
Sykora – Romine Property – 3 Lot Subdivision,
36.51 Acres, Parcel ID No. 53041310005.00-013, Preliminary Plat Approval, 3
Lots Located South of Lostmans Lane and East of the Wood Gate Subdivision –
Introduction by Rick Coppock
Coppock, Town Engineer – This tract
originally was one lot that was annexed into town. The petitioner would like to subdivide off 2
lots for their children. It is next to
Woodgate subdivision. There is two 2 ½
acre lots. There will be an access drive
on the east side of the lots coming off Lostmans Lane that would access both
lots. Dan Swafford asked if it would be
on a septic system in Town. Rick
answered they have requested a waiver for septic systems. Mr. Swafford stated he thought the Town Code
did not allow septic systems. Connie Griffin asked if the public notice has
already been advertised. Rick Coppock
replied yes. Ms. Hash asked if the
County will allow septic systems on 2 ½ acres.
Rick answered yes, 2 ½ acres is the minimum. Mr. Swafford asked if there is not a sewer line
where the lots abut Wood Gate. Ms. Hash
confirmed sewer mains go down Shadowwood
Sullivan – Asked if this project will
be a topic at next month’s meeting. Connie Griffin responded this is correct. Rick Coppock was introducing it at this time
because he will be unable to attend the meeting in May.
Procedures – Plan Commission Committees Established for Comprehensive Plan Update
Griffin, Director of Planning – At the end of December, the Plan Commission started
looking at its legislative procedures and they were adopted in January
2011. New to the legislative procedures
was the establishment of committees. These
committees are basically the executive, review, technical advisory and ad hoc.
The executive committee is for administrative matters, e.g., discipline. She is requesting the establishment of the
technical advisory committee to review the Comprehensive and Area Rural Plans
and the establishment of an ADA Task Force for the ADA Transition Plan. Denise Jenkins, the Administrative Assistant,
is doing a lot of the foot work and research.
Due to members not being present, the committees will be formed at the
next meeting as well as establishing a meeting schedule. The Comprehensive and Area Rural Plans and the
ADA Transition Plan will be transparent to the community. There will be press releases and citizens
will be asked to join the task force or technical advisory groups. The public will be kept well aware of what is
taking place in these processes so they can give their input. There are local groups interested in economic
development and the Monroe County Commissioners are interested in the
Comprehensive Plan review and update as well as how far the Town wants to annex
to the west and the east. These issues
need to be addressed in strategic plans.
Don Calvert asked how many people she anticipated being on a
committee. Ms. Griffin responded this
will be discussed at next month’s meeting.
The Town has until the end of this year to get an interim plan
established. By 2012, the ADA Transition
Plan has to be finalized. The Federal
Highway Administration is threatening to withhold federal funding if the Town
doesn’t start working on the ADA Transition Plan. The MPO will start requiring updates on the
status of the projects. Clayton Sullivan
asked how many committees would be established.
Ms. Griffin said at this time there would be two committees
established. Clayton Sullivan commented
he liked the idea of community involvement.
Griffin, Director of Planning – The Town has been approached by Blockbusters to
install a video rental machine at IGA.
They have changed their way of operating. The Town does not have a code pertaining to
kiosks. The concerns with kiosks are
safety issues and maintenance. A new
code will be proposed and discussed at next month’s meeting. Sandra Hash asked when the machine will be
installed at IGA. Ms. Griffin responded
it will be installed within the next month.
Revisions for FEMA Map Update
Griffin, Director of Planning – She was reviewing the Town Code, specifically
§152.103 and it is out of date. The code
discusses which maps the Planning Department will use and the maps are dated
October 4, 1994. The date in the code needs to be changed to December 17, 2010,
due to FEMA changes. Paragraph D of
§152.103 discusses County flood insurance rate maps. Monroe
County has confirmed the
current Code needs changed to reflect web site and FEMA locations. Sandra Hash suggested changing the wording to
“the most current maps.” In order to do a code update, it should go
before the Town Council and wouldn’t need to come back before the Plan
Revisit Town Landscape Code and Natural
Griffin, Director of Planning – This is a huge change in code. The last thing the Commission was working on
was natural environments and personal habitats in back yards. One of the main concerns was a property owner
who likes to have beneficial insects in his yard. Meanwhile, the grass is getting tall and the
neighbors are complaining. Someone called and said they would establish a natural
habitat in their back yard and quit mowing.
There are people who want to help honey bees and other beneficial
insects. This is a good idea, however,
there has to be rules established.
Department Updates – Connie Griffin,
Director of Planning
Recent Training: Local Public Agency Employee in Responsible
Charge, & ADA Audio Conference Training
Scheduled for: ADA Audio Conference, MS4 Annual Meeting,
Connie Griffin got her ERC updated for Local Public Agencies for
employees in responsible charge. She has
started attending ADA
workshops and has an MS4 Annual Meeting and a FEMA workshop scheduled.
Dan Swafford – Asked status of violations with Clifton Bell and
Cedar Bluffs. Ms. Griffin responded
today a letter was drafted to Clifton Bell stating his inspection will be
conducted as scheduled on April 20, 2011.
Cedar Bluff Gardens
is with Darla Brown, Town Attorney, for filing.
The home on Chester,
which had several violations, is now being renovated and is off the list. She received an update from Carol Poe
Recycle and Refuse stating he will be receiving a registered letter from the
Secretary of State’s office with a cease and desist order. Chad’s will then have a couple of
weeks to start gearing down. Then, there
will be another inspection and if the salvage yard is not closed, then fines
would be assessed and another cease and desist order would be issued.
Privilege of the Floor
Dan Swafford – Wanted to discuss maps provided by Rick
Coppock. One map shows the sewer lines that
gravity flow to the Wastewater Treatment Plant.
This is what the County Plan Commission requested. The second map shows the Town’s water
lines. A few of the newer additions are
not shown on the map. Mr. Swafford asked
what it would take to get a current map.
During the meeting with Bean Blossom Patricksburg Water Corp. (“BBPW”),
it was mentioned Rick Coppock and BBPW’s engineer were to meet and provide
information on the water lines. Mr.
Swafford asked Rick if he would present the water map to council during the
next meeting. He also suggested a meeting
should be scheduled with Phil Bastin and BBPW to go over the maps with them.
Sullivan made a motion to adjourn. Dan
Swafford seconded. Phillip Smith adjourned
the meeting at 6:49 p.m. The next
meeting will be May 5, 2011, at 6:00 p.m.