Approval of the Minutes
Baker made a motion to approve the minutes of the
Erosion Control – Public Right of Way Excavations Ordinance
Rick Coppock, Bynum Fanyo and Associates passed out and reviewed copies of the changes to the ordinance pertaining to Grading and Erosion Control:
· The maximum fee for a grading permit is $500.
· The Town may proceed against responsible party by issuing a Citation for Violation ticket for $100 per day.
· If a project does not comply with control plan the Planning Director may draw on the developer’s letter of credit
· A bond is required for Erosion Control aspect of any project using the same standards of the county and city.
This ordinance would bring our Code up to date with common practices and also give us an ability to enforce erosion control. Following Plan Commission approval, Rick will forward the Ordinance to Mike Spencer to review the changes and make sure it is in proper form before going to the Town Council.
William Evans made a motion we adopt Erosion Control – Public Right of Way Excavations Ordinance with the stipulation they are sent on to our Legal Counsel for legal approval. Terry Baker seconded. Roll call vote: Terry Baker – yes; William Evans – yes; Frank Buczolich – yes; Don Calvert – yes; Dennis Williamson – yes; Sandra Hash – yes. Motion carried.
Parking Zones – Enforcement Issues
A request was made to move this discussion to later in the agenda.
Rezoning request at 7350 West SR 46 from R-1 to C-3
Frank Nierzwicki, Director Planning Services requested petitioner’s property 7350 West SR 46 rezoned from residential R-1 to commercial C-3.
· This property is consistent with current and future development along SR 46. The petitioner would like to have a business located at this location. There is currently a gas station-restaurant within a block of this location.
· The petitioner has not decided what type of business he would like to establish at this location. The neighborhood is concerned about how a commercial zone would affect their lifestyle. The type of business that locates at this location will most likely determine the reactions of the neighborhood.
· The petitioner may want to consider a lower commercial zone, C-2, at this location. The C-2 zone would exclude the following business: Heating/Air Conditioning, laundry, printing plant, tavern and warehouse among others.
· If this parcel is rezoned to commercial, the petitioner would need to include buffering between his property and residential neighbors.
· Once a property is rezoned to commercial it does not mean approval for any type of business use. The petitioner would have to submit to the Planning Department development plans before a building permit is granted. Items such as parking and safety would be considered before permission would be granted by the Planning Department.
Don Calvert requested in the future a Preliminary Plan be submitted with a zoning change request.
Dana Kerr, attorney for petitioner Lester Wood, spoke with Frank on some issues and discussed them with his client. Mr. Wood would like to proceed with the C-3 status as opposed to C-2. The petitioner understands and accepts that issues will need to be addressed later concerning buffering, safety and parking. If the petitioner is allowed to rezone the property to C-3 it does not mean he can automatically put anything in. A rezone will make the property more valuable, profitable and marketable for the owner if he decides to sell. The petitioner purchased the property from the state. This property is located right on SR 46 and is a little over one acre in size which will limit the type of use.
Don Calvert asked if owner purchased this property as an investment to sell. The owner surely has an idea of what he wants to do with the land. Mr. Kerr spoke with the owner who first questioned putting in a beauty shop but is really unsure of what he wants to do with the property at this point. There is more value and options if zoned C-3. He did speak with his client on the differences in C-2 and C-3. C-2 by definition is a “Tourist Commercial District” and C-3 is “General Commercial District”. William Evans would like to know what will go in there before making a decision. Mr. Kerr reiterated it is easier to buy and sell property if it is already zoned commercial. Mr. Wood’s property is presently at a disadvantage because it is located right on SR 46, in an area with median turn lanes designed to handle commercial development. It seems compatible to make it C-3.
Hash stated there have been a number of people who requested zoning changes for
is not seeing too many people rushing to develop. Commercial space at
Hornick questioned the property
address for the rezoning. It was listed
on the agenda, in a letter and in the paper as
Frank Buczolich made it clear zoning is only one part of the process and does not guarantee anything.
Tim Hudson asked where Mr. Wood would apply for a business permit. Frank Nierzwicki answered a development plan would have to come through the Planning Department. The issue is the property is R-1 and not zoned for a business. Mr. Hudson read in The Journal two weeks ago Mr. Lester Wood had asked for a permit to put a business in on that property to work on cars and was told he could not apply for anything until all the neighbors were notified. Mr. Hudson thinks Mr. Wood does have an idea of what he wants to do there but is not saying. Frank Nierzwicki spoke with Mr. Wood 4 to 5 months ago but did not hear that. All building permits through Frank Nierzwicki’s office and all inspection are done by the Monroe County Building Department so he is unclear where that information came from. Mr. Hudson has been in his house for 25 years, in a quiet neighborhood that does not need anymore traffic. Depending on the type of business there might be flood lights, security lights or even security cameras and that is not what he wants to look at while sitting on his back patio.
Tonya Hudson’s concern is for the children living at home. Presently the children can ride their bikes on the side street and walk on the sidewalk to the library. If a business is allowed, her children will be limited to what they can do. After she was married, they decided to stay at the house and add on to make room for every one instead of moving. They liked the neighborhood being quiet and peaceful. They did not have to worry about the safety of the children. They would not have invested money into their house if they would have known a commercial business could be put in.
Don Calvert commented Mr. Kerr on the appearance of his business. When Mr. Kerr came before the Planning Board they knew what was going in. When people buy a home, they look at the surroundings and the surroundings were residential and not commercial. Directly across the street is a development with planned residential and commercial. When people decide to buy a home there; they will know they are buying a lot next to a commercial area because all that was preplanned and laid out in front of the Planning Board. He does not want to open the door for future problems. Commercial falls under a different set of laws that he does not always agree. Making this change would open a can of worms.
William Evans asked if INDOT would allow anymore driveway cuts to be made along West State Road 46. Frank Nierzwicki said as far as access points INDOT will look at how close they are to each other and if it is on a curve (which it is). It is not impossible to get a commercial cut but it is a long process. William agreed with Don on knowing what is going to be there before making a decision.
Dana Kerr stated the concerns are safety, traffic and lighting. These practical concerns are not being
approved tonight. The Planning
Department has jurisdiction to control all those concerns. He agrees the size of the property will limit
what it can be used for because of buffer zones and set backs. The majority of the concerns will be
addressed at a future time when a purpose for the property is known. The property was for sale from the State and
Mr. Wood obtained it at a fair price and no one wanted to purchase it for
residential use. This property is
located right on West State Road 46, across from
Duane Hornick commented the blue house was residential until the State used it for an office. In doing so they tore out a lot of the inside to make it compatible for their use. When the house went up for sale it was not looked at as a good house to invest in.
They were told the State was going to tear it down. The reason development to the west is not commercial is because it has been residential except for a few properties that have been there for years. Most people bought on the west side knowing the few commercial properties were there. The east side of town needs to be developed first since there are over 37 properties (10 per mile) either developed, could be developed or have empty store fronts.
former Plan Commission member,
currently on the Redevelopment Commission and Board of Zoning Appeals,
remembers a similar situation with the property on the
Frank Nierzwicki gave the Plan Commission their options:
· Approve the petition as presented
· Not taking action and pass on to Town Council
· Approve with stipulations
Denny O’Mullane stated the petitioner may have honorable intentions for this piece of property but once he sells it to the next person, anything goes with a C-3 zone.
Stevens lives on
Sandra Hash commented on the existing commercial zoned property on the corner of West State Road 46 and Ridge Springs. Once it is made commercial, the Plan Commission does not have control on what goes in. If the property meets all the zoning requirements, the Plan Commission can add restrictions, buffers and set backs but can not deny the use if it is within the allowed zoning. There was considerable out cry from that neighborhood after the property was developed.
Frank Buczolich called for a motion concerning the
rezoning petition at
Terry Baker made a motion that we deny it. William Evans seconded. Roll call vote: Terry Baker – yes; William Evans – yes; Frank Buczolich – yes; Don Calvert – yes; Dennis Williamson – yes; Sandra Hash – yes. Motion carried to deny the C-3 zoning request.
Frank Nierzwicki explained this property is requesting voluntary annexation. He read the Staff Report:
The land, once annexed, would be zoned C-3 commercial. The property is adjacent to the Town with
access from SR 46 via
The petitioner and the Plan Commission should consider
PUD zoning as a possibility for the parcels that are not adjacent to SR 46. The PUD zoning for these parcels would allow
more of a transitional space between the SR 46 commercial areas and the
residential zones in the
The Staff recommends conditional approval. According to Ellettsville Utilities, public water and sewer is available on-site. Therefore, no private water wells or septic systems will be permitted on this site.
Water Retention: Before any development activity could occur at this site the Town Engineer, Developer and the Director of Planning Services will need to review the on-site retention plan.
Since no development plan has been submitted, there has been no sign plan submitted.
Financial Cost: There would not be an added financial cost for the Town to annex this parcel. Water service, sewers, police and fire protection are already in the area of this parcel. The total assessed evaluation of these parcels, with improvements, is listed at $226,800. The parcel will also produce additional annual revenue of $3,854.60 for the Town per year at the current rate.
Single-family residential to the north; Commercial C-3 to the south;
Frank Nierzwicki handed out a map of the location with the four parcels and also pictures of the parcels.
Don Calvert needs to see a plan. This property will become C-3 once it is annexed. He asked if the two residential neighbors agree with the voluntary annexation. Is there anyone in the audience who oppose the annexation?
Andreas Michel, resident of 725 Hanover Glen, asked what “Voluntary Annexation” means? How does it work?
Frank Nierzwicki explained Voluntary Annexation is when 100% of the property owners request to be annexed into the Town. By Indiana State Code 1/8 of the border needs to be contiguous with the Town Border. In this case it is over 30%. Property owners ask and volunteer to be annexed in for various reasons.
Evans asked if letters were sent out
and Frank Nierzwicki said yes and he does have the receipts. William commented no one has opposed
this. Frank showed on the map the
property is adjacent to
Williamson clarified this property is
Frank Buczolich stated the chair would entertain a motion to, as the staff recommends, conditional approval of the voluntary annexation petition.
William Evans made a motion to approve the annexation
Sandra Hash asked if the Annexation Fiscal Plan is going to be discussed. Frank Nierzwicki said it has been approved and there was some editing done since last night. The present document has been clarified and he will work with Sandra to make the changes before presenting it to the Town Council.
Annexation request at 4747 West SR 46, Putter’s Park, approximately 2.76 acres
Nierzwicki requested one parcel located at the southeast
corner of West State Road 46 and Ridgewood Drive be annexed into the Town. The land, once annexed, would be zoned C-3,
commercial. This property is adjacent to
the Town with access from West State Road 46. According to Ellettsville
Utilities, water and sewer is available.
The issue with this property tonight is the annexation into Town and the
type of zone they are requesting. He
will review any building permits and resolve any outstanding permits with
The existing land use surrounding this parcel is: Single-family Residential/Commercial to the North; Monroe County Single-family dwelling to the
South, East and West.
Don Calvert asked what the distance was
from this piece of property to the
Hood explained he built the little building in front of
Putter’s Park for the putt-putt. The
double doors going into the building will be the restaurant dining area with
the kitchen on the Southeast corner. He
is currently zoned for putt-putt and a snack bar in
Sandra asked if he has petitioned
Hood explained he has
known Walt at Jiffy Treat for years and does not want to compete against him in
selling hot dogs. John stated he has had
his licenses for years. As far as the
bar, he leased the bar at Econo Lodge (Varsity Club) with no problems. He would like to open a nice restaurant with
breakfast, lunch and steak dinners.
Sandra asked about having a bar.
John said the bar would be in the bottom of the building. Even if the bar wasn’t there he wouldn’t want
the children with golf clubs coming in and disrupting families while they were eating. He had a building built outside to house the
putt-putt, snack bar and restroom. It
has already been proven the existing use will not pay for itself. Frank Nierzwicki has been to the property and
explained the upper level portion of the building would be the family style
dining room (example Olive Garden) with alcohol served. The lower level would have a separate
entrance for age 21 and older as required by the State of
William Evans stated in the recent past we have zoned and accepted Hoosier Bar & Grill into Town. We had “Third Base” who served beer and liquor who have since closed down. He thinks Mr. Hood is making an attempt to separate that. He feels we should zone this with the Director of Planning Services approval on what they can do.
resident 4685 Westbrook Downs lives
across from the Putter’s Park parking lot.
He did not attend this meeting to oppose the annexation. He never officially heard what they were
going to with Putter’s Park. He
commented about Ellettsville not having smoking restrictions. He assumes Mr. Hood is anticipating the
revenue from the bar and restaurant will overcome the higher taxes. In term of the annexation itself, their fear
is to be annexed in themselves which they do not want for the fear of higher
taxes. The other fear is having the bar adjacent
to his home and value being lowered which a realtor told him would be
likely. He reviewed what happened in the
past and what he hopes will happen in the future once the bar and restaurant is
opened. Putter’s Park was built in
1983-1984 by Don and Barbara Headdy. It
was approved as an A-frame building to house putter’s patron, storage of
equipment and snack bar. When they owned
it, they did as they desired; built the lighthouse, ran their construction company
out of it (they were cited) and rented rooms out for meetings. They went bankrupt; Mr. Cowden purchased it
and it remained empty for a few years.
Mr. and Mrs. Farkas bought it and they did what ever they wanted
to. They had large gatherings utilizing
the green space (which is owned by someone else). There was a pizza parlor, they put up large
speakers and Lisa Farkas Mortgages was operated out of there which was against
the rule. When it was sold in the summer
of 2005 to Ms. Claire Kerr and Mr. Hood; Mr. Mansell spoke with Mr. Hood. Mr. Hood asked if they would object to a
family restaurant and it was indicated to be okay if regulated properly. They also spoke about past owners and
infractions especially the speaker on the south west corner of the building and
a lack of a tree buffer that was suppose to be taken care of in 1984 by the
Headdy’s. Mr. Hood has done a lot of
work with Putter’s Park. Mr. Mansell and
his wife do not care what they do with Putter’s Park as long as they do not
affect their house with light, sound or smell.
Mr. Mansell spent thousands of dollars on trees in front of his home on
Frank Buczolich asked Frank Nierzwicki to address
concerns on enforcement. Frank
Nierzwicki has issues with migration of light and trash in the area. He talked about Ellettsville
regulations. He has a good relationship
with Monroe County Planning Department and they work together on developments
across boundary lines. He will work with
the neighbors even though they are not in the Ellettsville town limits and work
Don Calvert asked what the bar operating hours would be. Mr. Hood answered “11 a.m. to 11 p.m.”.
Everett Libkie lives across the highway of Putter’s Park. He came to find out what was going on. He has learned a lot this evening and does not have any particular objections. The lights do not bother him but he does get a lot of litter when the park is open.
Frank Buczolich stated there are no preliminary plans and the hours being 11 a.m. to 11 p.m. where most bars are opened later. Mr. Hood added insurance would be 50% cheaper by closing early. There will be no smoking in the restaurant and on the putt-putt course.
William Evans made a motion to accept the annexation request of Putter’s Park with the consideration that the Director of Planning Services monitors the necessary zoning issues. Frank Buczolich clarified the zoning as C-3. Dennis Williamson seconded. Roll call vote: Terry Baker – yes; William Evans – yes; Frank Buczolich – yes; Don Calvert – abstained; Dennis Williamson – yes; Sandra Hash – no. Motion carried 4-1; one abstain.
This will go to the Town Council for a first reading and second reading with a motion on the second reading. Frank Nierzwicki said there will be a 60 – 90 day transitional period with the county.
There was a 5 minute intermission.
Parking Zones – Enforcement Issues
Frank Nierzwicki explained the parking zone draft. The Commission requested a plan that would have three zones and explain the criteria for each of these zones.
· Zone 1 – Old Ellettsville. The location would be bounded by homes on either side the streets listed in the draft. The type of parking permitted in this zone would be: (1) on existing driveways (2) on extended driveways – parking areas per Town Code (3) on streets – minimum street width of 26 feet. Minimum street width
would include two nine foot travel lanes and one eight foot parking lane. On street parking would require Fire, Street and Police Department approval.
The American Assocation of Highway and Transportation officials have a green book on standards of parking lanes.
Zone 2 – Older
Subdivision. The locations would include
Richland Manor, School view/Southwest Manor, Arrowhead and
· Zone 3 – New Ellettsville. The locations not listed in Zone 1 or 2. Type of parking permitted is on existing driveways.
He reviewed the Hours of Enforcement, Notification of Parking Violation, Disability Parking, Special Situations and Parking Ticket Appeal Process. He is working with the GIS to get a draft Parking Zone Map.
William Evans stated he does not want to see any parking on the streets. In a perfect world the dimensions on the street would come out so a fire truck, car and parked car could share the road but in real life it will not happen that way. Sandra said it might slow down traffic. Frank Nierzwicki suggested parking on the street in the Meadowlands on an alternating pattern might be preferable. There was a discussion on different parking issues and street size.
Meeting Dates: Ellettsville Sign Ordinance and Meadowlands Speeding
Frank Nierzwicki announced the Ellettsville Sign Ordinance meeting will be held June 20, 2006 at 7:00 p.m. at the Fire Department meeting room with the local businesses on what is legal and illegal.
The Meadowlands meeting will be June 22, 2006 at 7:00 p.m. in the same room.
Nierzwicki will be holding a meeting
June 6, 2006 with the neighbors and the new owners of the properties on the
south side of
Privilege of the Floor – non Agenda Items
Sandra Hash requested the Resolutions passed at the last meeting be accepted again by Resolution number for tracking purposes.
William Evans made a motion to approve the Ellettsville Plan Commission Resolution 01-06 concerning Parking Zone Enforcements. Terry Baker seconded. Motion carried.
Terry Baker made a motion to approve the resolution concerning Sign Enforcement Resolution 02-06. William Evans seconded. Motion carried.
Dennis Williamson thanked Sandra Hash for the copy of the comprehensive plan.
Sandra Hash made a remark about the Citco gas station. When Citco came in the Town requested a landscape buffer be put in because the neighbors behind the gas station complained about lights. She has not seen any landscaping yet. Frank Buczolich stated they have a year from approval to complete that and they will be notified. They had three issues to take care of immediately and two of them were corrected. Frank Nierzwicki will check on it and report back to the commission.
Terry Baker made a motion for the meeting to be adjourned. Don Calvert seconded. Motion carried. Meeting adjourned 9:40 p.m.