February 2, 2017
The Ellettsville, Indiana Plan Commission met in
regular session on Thursday, February 2, 2017, in the Fire Department Training
and Conference Room located at 5080 West State Road 46. Terry Baker called the meeting to order at 6:00
p.m. Don Calvert led the Pledge of
Allegiance.
Roll Call: Members present were: Terry Baker, President; Don Calvert, David
Drake, Pat Wesolowski and Sandra Hash. Brian
Mobley and Kevin Farris were absent. Kevin
Tolloty, Planning Director, and Darla Brown, Town Attorney, were also present.
Approval of the Minutes
Terry Baker entertained a motion for approval of the minutes for the regular
meeting on December 1, 2016. David Drake
so moved. Don Calvert seconded. Motion carried.
Election
of Officers
David Drake nominated Terry Baker for
President. Pat Wesolowski seconded. Motion carried.
Pat Wesolowski nominated David Drake for Vice
President. Don Calvert seconded. Motion carried.
David Drake nominated Sandra Hash as secretary. Terry Baker seconded. Motion carried.
Old
Business
Proposed
Revisions to the Sign Ordinance, Chapters 152.255 – 152.265
Kevin Tolloty,
Planning Director,
presented sign code revisions as follows:
Definitions: Definitions for gateway, inflatable, monument
and pole signs and light trespass have been added. Mr. Calvert asked the definition of a
non-commercial opinion sign. Mr. Tolloty
explained a non-commercial opinion sign does not advertise products, goods,
businesses, or services but expresses an opinion or point of view, such as
political, religious or other ideological sentiment. The definition for changeable copy sign now
includes manual and electronic. Monument
and pole signs have been added to the freestanding sign definition. Information sign is a new definition and
includes directional address signs, gives basic information that is not
advertising, is under 4 square feet and is exempt. Portable sign definition and the temporary
sign section were revised. Mr.
Wesolowski asked if a new business can’t put up a temporary illuminated sign
with arrows for 30 days because proposed guidelines state “temporary signs
shall be non-illuminated?” Mr. Tolloty
answered yes and they could use the sign without lights. Mr. Wesolowski commented we ask businesses to
come into the community and they’re limited by Town code. Mr. Tolloty doesn’t think the permanent sign
code revisions are more restrictive. The
changes allow more signage but does tighten the temporary sign
regulations. Mr. Baker thinks temporary
lighted signs are low, can be a distraction and there is no way to regulate the
brightness. Ms. Hash asked if there is a
time limit for temporary signs. Mr.
Tolloty answered there will be.
Definitions that are content based have been removed.
General
Regulations:
Monument signs are not permitted in any
site triangle. Informational signs were
added to exempt signs. Changes to
temporary signs were discussed at the December meeting. At the last meeting, Kevin Farris brought up
larger signs for undeveloped lots which has been added and permits will not be required. Banner permits have been changed to six per
year and the days between decreased from 14 to 10. Essentially, banners are allowed for half of
the year. Sign lighting in agricultural
districts can be internal or external. External
lighting is minimized as to light trespass onto adjacent properties. External lighting should be directed
downward. Mr. Calvert asked if the
square footage allowed in Agricultural and Commercial 3 Districts is for all
three signs combined. Mr. Tolloty
answered it is a total of 100 square feet for all three signs which include
wall, freestanding and any other type. Mr.
Wesolowski asked if a sign with flood lights shining on it is permitted. Mr. Tolloty answered it would still be
considered a lighted sign or external lighting.
Mr. Wesolowski asked if lights can be put on temporary signs. Mr. Tolloty answered no. Mr. Baker commented flood lights on signs
should point down at an angle so they don’t shine at traffic. Flood lights should be mounted on top of the
sign and shining down to eliminate traffic problems. Mr. Tolloty will include a notation about
directing lights away from traffic. Ms.
Hash confirmed lighting will be on permanent and not temporary signs. Mr. Tolloty said that is correct.
Permanent signs
in Commercial 1, 2 and 3 and Industrial 1 and 2 Districts: Commercial signs are divided into two
groups: C-1 (light commercial) and C-2
(downtown commercial) and C-3, I-1 and I-2.
C-1 and C-2 signs will be between where State Road 46 splits off on the
east and west side. East of the State
Road 46 split is C-3 and west of the split is C-3, I-1 and I-2. The
Permanent signs
for residential districts: Sign lighting
may be external only. Only external
lighted entrance signs to subdivisions or neighborhoods are permitted in a
residential zone. Requirements for where
the lighting has to be directed will be added.
He
would like to have a public hearing at the meeting on March 2, 2017. He will make revisions to the lighting and
add a section on shopping centers and multi-tenant signs under commercial
districts. Mr. Wesolowski asked if there
a study that shows it’s safer to have a monument versus a pole sign. Mr. Tolloty doesn’t know if it is so much about
safety but an aesthetic issue. Mr.
Wesolowski remarked pole signs are easier to see than monument. Mr. Tolloty reasoned this is why pole signs
are allowed in C-3 districts and it depends on speed limits and the road
on. In C-1 and C-2 districts, the speed
limit is slow enough the monument signs can be seen. It will allow there to be more cohesiveness
through Ellettsville. He will forward a
draft of the revised sign ordinance to the Ellettsville Chamber of
Commerce.
New Business
Proposed
Revisions to the Floodplain Ordinance, Chapters 152.100 – 152.105
Kevin Tolloty,
Planning Director,
explained the Indiana Department of Natural Resources (“DNR”) conducted a five
year audit on January 4, 2017. The
Town’s floodplain ordinance is out-of-date with the state model which was last
updated in 2013. The DNR advised they
need a draft of the Town’s revised floodplain ordinance by the end of
February. The DNR provided the required
and optional changes and there are no changes to §152.105. Proposed revisions are as follows:
§152.100
Statutory Authorization: Removes the
reference that flood insurance is federally subsidized. The provision requiring the Town is to
notify home buyers of their floodplain status has been removed. Several definitions have been added: Boundary River which is the Ohio River;
Boundary River Floodway; Non-Boundary River Floodway which would be in
Ellettsville; Letter of Final Determination which is used when FEMA updates a
map; Base Flood; and D Zone is an additional flood zone but not on Ellettsville
maps. The definitions for Encroachment
and Existing Construction have been removed.
Definitions modified are as follows:
The Accessory Structure definition was modified to reflect anything
under 400 square feet for flood development.
Elevation Certificate now states who can authorize and issue them. Lowest Floor now includes crawl spaces. The reference to historic structure is
removed but referenced later in the ordinance.
§152.103
Administration:
Requires hydraulic and hydrologic
engineering studies for any proposed watercourse change caused by
construction. Establishes a finished
construction stage with an “as-built” elevation certificate. Currently, the Town has application and
construction stages but not a finished construction stage to verify the
elevation of new structures. Tracking
and maintaining floodplain permit records has been added. An optional change establishes a Floodplain
Development Permit review fee of $50.
Modification of the inspection procedure is an optional change which
requires inspection at the final construction stage as well as beginning and
mid-point construction.
§152.104
Provisions for Flood Hazard Reduction: Establishes
guidelines for accessory structures and storage tanks. Expands on the current regulation for
floodway development which will be reviewed by the DNR. The following is suggested by the DNR and
would be beneficial to the Town: Paving
in floodplains to be completed with permeable materials. Compensation of fill for any structure
constructed in a floodplain will have a ratio of 1:1 on the same property if at
all possible. If not, adjacent but still
in the floodplain. This means fill that is
the same amount of space has to be removed either on adjacent or the same
property so as not to alter the floodplain.
Clarification on what changes may be made to a structure in a floodplain
with/without requiring further restrictions.
This prevents someone from adding one or more additions onto a
structure. Clarification on wall vents
is in elevated structures. The
non-conversion agreement process is clarified.
This applies to houses that could have living space in the elevated area
and prevents it from being closed in to make a living space. This would be recorded with the deed. Requires fill to be composed of clean
granular or earthen material.
If
the ordinance is returned timely by the DNR he will have a public hearing in
March and if not it will be in April.
Planning
Department Update
Kevin Tolloty, Planning
Director,
advised at the March meeting a lot split on Love Lane will be considered as
well as public hearings for the ordinance updates. Brian Miller is present and he has expressed
an interest in the Plan Commission vacancy.
He is working on the Comprehensive Plan and will have an update at the
March meeting and hopes to have a public workshop in May. Annual report will be ready in May. There is an American Planning Association
conference in Bloomington in March.
Terry Baker announced the
next meeting will be on March 2, 2017.
Adjournment
Terry Baker entertained a motion to adjourn. Pat Wesolowski so moved. Don Calvert seconded. Terry Baker adjourned the meeting at 7:16
p.m.