Ellettsville, Indiana, Plan Commission met in regular session on
Roll Call: Frank Buczolich, President; Don Calvert; Terry Baker; Lisa Creech; Sandra Hash, Secretary and Jeffrey York, Planning and Zoning Administrator were present. David Drake and Ed Bitner were absent.
Approval of Minutes
made a motion to approve the minutes for April 1st and
Old Business - None
Chester Martin requested a street be
named in memory of his grandson David Martin who passed away from Leukemia a
few years ago. He would like the street
to be called
made a motion to forward a recommendation to allow Chester Martin to name the
Discussion concerning final plat review to be Administrative review, rather than Plan Commission review
Jeff York passed out and read Indiana Code 36-7-4-710 titled “Subdivision control; secondary approval of plat; authority to grant; time; prerequisites for legal effect of plat”. It reads:
(a) The plan commission may grant secondary approval of a plat under this section or may delegate to the plat committee or staff the authority to grant such secondary approvals.
(b) Secondary approval may be granted, after expiration of the time provided for appeal under section 708 of this chapter.
(c) No notice or hearing is required, and the provisions of this series concerning notice and hearing do not apply to secondary approvals.
(d) A plat of a subdivision may not be filed
with the auditor, and the recorder may not record it, unless it has been
granted secondary approval and signed and certified by the official designated
in the subdivision control ordinance governing the area. The filing and
recording of the plat is without legal effect unless approved by the commission
In the past all
final plats have went through the Plan Commission and
Sandra Hash asked if the Plan Commission President’s and Secretary’s signature needed to be on the final plat approval or if it was just the Town Council’s signatures.
Jeff York said he believed it was the Town Council’s signatures.
Terry Baker said most of the final plat approvals have been signed off by the Plan Commission’s Secretary.
Sandra Hash suggested changing the form to allow the Planning and Zoning Administrator to sign off on the final plat approval.
Terry Baker suggested having the form read either Jeff’s signature or the Plan Commission’s Secretary’s signature.
Jeff York suggested having a stamp of the signatures as a possibility also.
Lisa Creech made a motion to designate our Planning and Zoning Administrator, Jeffrey York as the authority to give final plat approval unless there are changes that are necessary deemed to go through the Plan Commission. Terry Baker seconded. A roll call vote was taken. Frank Buczolich – yes, Don Calvert – yes, Terry Baker – yes, Lisa Creech – yes, Sandra Hash – yes. David Drake and Ed Bitner were absent. Motion carried.
Sandra Hash said in the past when preliminary plats have come before the Plan Commission our engineer advised us if it met or exceeded all of our Town requirements. The Plan Commission can ask questions but they are obligated to pass the plat?
Jeff York stated yes State Code requires that the Plan Commission approve a plat if it meets the zoning regulations and the Town Code requirements. If it doesn’t then the Plan Commission has the right to deny a plat. He added he would have to take a look at the plats on a case by case basis. As a general rule, if it doesn’t meet the code then the Plan Commission has the right to deny approval or continue it to another hearing and instruct them to meet the standards.
Privilege of the Floor
Lisa Creech commented a developer within the Town limits has allowed three different homeowners to move into their homes before the Certificate of Occupancy was issued. The yards were not finished and the sidewalks were not poured. Two of the homeowners moved in on August 1st, but the Final Inspection was not done it August 15th and the Certificate of Occupancy wasn’t issued until August 20th. The other moved in approximately a week before Jeff York started. She said Jeff witnessed on the tour she took him on that they had already moved in. She spoke to Jim Davis and she said Jim said he was surprised they moved in since the Rough Inspection was just recently performed. The Certificate of Occupancy was just issued on April 16th which is about 30 days after they had already moved in. She has complained to the Attorney General and they are now investigating. Jeff is also investigating.
Jeff York said just for information he
has spoken with
There was further discussion of the issue of homeowners moving in prior to receiving their Certificate of Occupancy and who was at fault either the developer or the Town.
Lisa Creech said when the Town knows that a homeowner has moved in prior to receiving their Certificate of Occupancy then the Town needs to take action and the Town has not done so. She said it is a Class C Infraction if you know about this and allow it to happen.
Terry Baker made a motion to adjourn. Lisa Creech seconded. Motion carried. Meeting was adjourned at .
Lisa Combs-Creech Sandra C. Hash, Clerk-Treasurer
and Secretary for Plan Commission