September 2, 2010
The Ellettsville, Indiana Plan Commission met in
regular session on Thursday, September 2, 2010 in the Fire Department Training
and Conference Room located at 5080
West State Road 46. Dan Swafford called the meeting to order at
6:00 p.m. Phillip Smith led the Pledge of Allegiance.
Roll Call: Members present were: Dan Swafford,
Don Calvert, Phillip Rogers, Phillip Smith and Sandra Hash. Ron Wayt and Clayton Sullivan were
absent. Rick Coppock, Town Engineer, and
Connie Griffin, Planning Director, were
Approval of the Minutes – August 5, 2010
Dan Swafford entertained a
motion for approval of the July 5, 2010 minutes. Phillip Rogers so moved. Don Calvert seconded. Motion carried.
Conflict of Interest Statement - None
Driveway Standards Code 152.227(B) – Ancillary parking areas not required to be
this is the short and third
discussion on code. Ms. Hash suggested a
size restriction be placed on the ancillary parking area or access. If the Plan Commission did not want to make
any changes at this time, the item could be removed from the agenda. Dan Swafford requested this item be removed
from the agenda for a few months. It was
the general consent of the members of the Plan Commission to remove this item
from the agenda for a few months.
7640 W. SR 46, Ellettsville, IN,
Chapel Hill Wilderness, LLC Area, Zoning
Classification Industrial 1, Proposed Warehouse Development.
Kevin Potter, Smithville-Certified Civil Engineer were not ready with three
aspects of the project:
grading/landscaping, drainage and erosion control. These items need to be continued until the
October meeting. Phillip Smith made a motion to continue this item until the
October meeting. Phillip Rogers seconded
the motion. Motion carried.
Section 6 Final Plat, amendment request road stub connection.
Coppock, presented a map of Deer Run
Section 6 and explained the developer of Deer Run did not want to put the road
stub connection in section 6. He added the
current ordinance allows the Planning Director to sign the final plat. It should be that the Town Council approves
and signs the final plat. After the Plan
Commission reviewed the map and discussed the code requirements, Sandra Hash
made a motion that the stub road be constructed as originally platted for Deer
Run Section 6. Phillip Smith seconded. Roll Call vote: Dan Swafford – yes; Don Calvert - yes;
Phillip Rogers – yes; Phillip Smith - yes; Sandra Hash – yes. Motion carried 5-0.
Development (PUD) Code Amendments
Griffin, Director of Planning, the PUD revisions to the current code were minimal.
Revisions were mostly clarification for administrative proceedings, i.e.,
applications have enough information to make this type of zoning alteration or
grant a PUD for higher density purposes.
Two hearing notices were listed in two local newspapers. What the Plan Commission needs to keep in
mind with a PUD, is if the Town is giving them something then they should be
giving something back. A lot of times
with a PUD, we will request an open space or a public park area and this power
is given in our current code. A copy of
the application was provided to Plan Commission members. This application begins by asking if it’s a
PUD creation or a PUD modification. A
PUD modification has been done with Autumn Ridge and the procedures listed are
what would be followed. The actual
application is four to five pages long, makes certain they understand they must
provide the correct information and that they have financial responsibility to
place the public hearing notices. There
is a declaration of consent to be provided at the beginning, i.e., right of
entry as with Cedar
so the site can be inspected and photographs be taken. If the Plan Commission later learns that
incorrect information was provided the PUD can be voided. The application is actually a multiple
checklist based on our current code. The
application has zoning information, legal descriptions requested, current
zoning or reclassification of zoning, adjacent property uses and zoning, lot
sizes, how many phases, and traffic impact.
Also presented was a development checklist which requests more developer
information, areas for dates for preliminary and final plat approvals, Board of
Zoning Appeals (BZA) area for variance request and a signature area for town
supervisor approval. There is also an Ellettsville Town checklist to be used in the
Smithville development review. It was
suggested to remove Darla Brown’s name from the checklist and list only town
attorney on the planning commission recommendation portion of the form. The site regulation checklist is based on
Code 152.180. Don Calvert suggested
using a phrase or word other than power in the application and checklists,
perhaps authority or authorized by code.
Conflicting Land Uses and Zoning
Classifications Enforcement Updates/Discussions
Griffin, Director of Planning, this topic will also cover the Planning Department
updates. On April 8, 2008, a letter was
sent by the former director to Clifton Bell who lives on 703 West Temperance Street. Mr. Bell’s property is zoned R-1. Ms. Griffin noted Code 152.003 Permitted Land
Usage, gives the director the ability to state there is hardly an
indistinguishable intensity of use to make zoning acceptable in an area. The
properties located on the sides of Mr. Bell’s property are zoned commercial and
to the south are single family/residential and to the north are some commercial
properties. The use of Mr. Bell’s
property is classified as a salvage yard. On Mr. Bell’s property there is
storage and possession of two or more inoperable vehicles. This is a misuse of a Residential-1. Photographs of Mr. Bell’s property were
presented. Also noted is a misuse of
parking. Mr. Bell was cited for a violation
of parking by Craig Davis this date.
This has been an issue for several years. There is a possibility that an administrative
appeal will be filed. Ms. Griffin would
like to establish a timeline for the clean-up of Mr. Bell’s property. Mr. Bell has advised the Planning Office that
he had an agreement with the former director to permit the storage and
possession of vehicles. Ms. Griffin
could find no documentation to verify Mr. Bell’s agreement with the former
director. Mr. Bell would have to have a
special exception for the current use of his property. Mr. Bell’s use of his property next to
residential properties is a public nuisance as it could effect their property
values should they want to sell their properties. Ms. Griffin is seeking a fair schedule for
clean-up of Mr. Bell’s property by the Plan Commission. Phillip Rogers suggested Mr. Bell should have
property inspections every 30 days. Ms.
Griffin thinks 90 days is a fair time frame for Mr. Bell to clean-up his
property. Non-compliance by Mr. Bell
would be a violation of Code 152, which permits daily fines. Dan Swafford asked Mr. Griffin to draft a
letter to Mr. Bell to be signed by the Plan Commissioners. Dan Swafford stated the letter should
encourage all violations not just the vehicles.
Observed Code Violations
Updates/Discussion by Connie Griffin,
Director of Planning
is about a business whose name will not be mentioned at this time. It is a
commercially zoned property also being used as a salvage yard, junk yard and
scrap metal processing facility. Code
152.296 requires that it have a special exception to be able to operate in this
matter. This property is also located
within 1,000 feet of a flood plane. No
salvaging license has been issued for the property. This is a zoning issue and a letter has not
been drafted. Ms. Griffin would like to
write a letter from the Plan Commission asking for a site inspection and giving
a 24 hour notice. During the inspection, the site would be photographed. Dan Swafford stated he was by the property
today and they were backing up more dumpsters.
Ms. Griffin showed photographs taken of the property on July 19, 2010,
May 13, 2010 and from 2009. On October
9, 2009, Ms. Griffin received a telephone call that she needed to see what was
going on at the property so she took her camera. They were hauling dirt to the property and it
is a flood plane issue. No grading
permit had been issued through the DNR or the Town. Dan Swafford stated he had received a
telephone call from a residence near the property about black smoke. It appeared to Dan when he went by that they
were burning insulation off of wiring.
The Planning Department has received at least three to four complaints
that were not of Town staff, Council or Plan commission. Phillip Rogers suggested that Department of
Natural Resources (DNR) be involved. Ms.
Griffin advised DNR is involved but they are indecisive about what to do about
the situation and are trying to determine if they have any authority. The property is zoned a C-3 and should be an
I-1 special exception.
114 E. Chester has been turned over to the attorney.
This property is not a safe building structure. It has access into the home through the
garage, back patio door, the crawl space is open, tall weeds, limbs and
branches on the property. There has been
no action taken by the homeowner to secure the property. This has been submitted to the Town
is still being considered to be purchased by the Town. They are looking into a hazardous material,
lead paint and asbestos inspection.
Monroe Bank will not pay for any of the inspections. The Town Council will have to give her the
direction to seek an inspector or not purchase the property. Dan Swafford wants to act quickly on this
property so it can be bought and tore down.
Lenzy Hayes trailer park on August 26, 2010, a letter was delivered to Lenzy
Hayes, owner of a trailer park, when the Indianapolis Health Inspector and Connie Griffin went to this property. The license for the trailer park has
expired. There were multiple violations
on each lot. Pursuant to Code 93.01
Disease Control, Ms. Griffin issued a ten day abatement for September 10,
2010. Removal of excessive weeds and
vegetation, a ten day abatement for a violation of Code 93.17(a) and
93.16(a)(b)(c) Public Health Nuisance, a ten day abatement as well. Photographs were shown to the Plan
Commission. After the ten day abatement,
litter can be up to a $1,000 fine. This
fine will be used to seek compliance.
The state health inspector gives the property owner 30 days to comply
and then they go back to the property to check status of the improvements.
Sign violation, in October, there will be an administrative appeal for
a sign violation in Eagles Landing. On
March 25, 2008, an individual was issued a sign permit for no cost. The individual has now moved to 307 W. Temperance Street
and is now required to pay the sign permit fee.
Cedar Bluff Gardens, there was an administrative appeal which upheld the
Planning Director’s decision. The signs
have been corrected but there is still trash, debris and tall grass and
vegetation. There are photographs to
verify the same and the matter has been turned over to the Town Attorney.
Connie Griffin provided the Monroe County Code and the City of Bloomington Code for next
month’s meeting. Monroe County
is the Town’s enforcing agency for animals.
Don Calvert stated the Town should mirror Monroe County
for consistency and enforcement.
FEMA Code Adoption
June 17, 2010, Connie Griffin
received a letter from FEMA stating the final flood elevation determination for
the Town has been completed. The map
amendments will be issued on December 17, 2010.
The Town did not request any changes to the base flood elevations. A public hearing notice has been issued for
the October 5, 2010, meeting. The Town
is required to adopt their code and the ordinance has been provided to members
of the Plan Commission.
Developments/Letters of Credit by Sandra
Hash and Connie Griffin.
Sandra Hash had asked the council to give the authority to
maintain the letters of credit to the Planning Department because they are
closely tied to the building permits. In
May, letters were sent to builder/developers and only one has responded, Joe
Smith, who is building Litten Estates.
All others have been called and advised their letters of credit have
expired. If letters of credits are not
renewed, no building permits will be issued.
It was decided the attorney should send letters to developers fifteen
days before their letters of credit expires advising them to renew or the
letter of credit is drawn down.
Ryle suggested the Plan Commission needs to codify the procedure for the
attorney to have a form letter under their signature to send to the appropriate
party 35 to 45 days before any letter of credit or bond expires. This letter will state 15 days before the
letter of credit or bond expires, the Town Attorney is going to notify the bond
holder the Town is calling in the bond.
Connie Griffin is in agreement that the letters of credit/bonds need
to be transferred to the Planning Department. Ms. Griffin will issue a public hearing notice
to change the code through the Plan Commission first in October. A public hearing notice will then be issued
for the first reading and to Town Council for two readings. Ms. Griffin will develop the procedure
discussed at this meeting and have them ready for the October meeting. As well, all information will be forwarded to
Darla Brown, Town Attorney.
Metropolitan Planning Organization
Transportation Improvement Programs Amendment by Connie
Griffin, Planning Director
are six to seven properties heading toward Smith Pike which will be sent
voluntary annexation information. These
commercial establishments already receive the Town’s services. Ms. Griffin will send Plan Commission members
an email listing the names of the properties once she has all necessary
information. She will also have the
information for the meeting in October.
Transportation Improvement Program Amendment is for September 10, 2010, and
that will put Heritage Trail back on the MPO’s transportation improvement
program listing and then the Town can start their environmental review. The funds the Town would use from the grant
would then basically be from the state.
The state knows the Town is going to draw upon that money and the Town
can use its matching funds through appropriate INDOT protocol. If the project was to start now, the Town
would be responsible for all expenses incurred.
The environmental study will take approximately two months. There may be design features available by the
end of this year.
Privilege of the Floor – non-Agenda
Smith wanted to discuss Smithville’s property.
The property is in the Town, but is not being completely serviced by the
Town’s utilities. Smithville gets water
from Bean-Blossom Patricksburg and if they use the Town’s sewer, there’s no way
to bill them. Connie
Griffin advised she was told by a Town Council member if it
is not in the Planning Department’s code area, the code would be revised by
that particular supervisor. In this case
it would be the utility supervisor who would need to come before the Plan
Commission to make the code change. Russ
Ryle commented the issue exceeded the limits of the authority of the Planning
Department and may exceed the limits of the authority of the Town. There
are certain territorial restrictions from a water stand point as to who serves
some areas adjacent to the Town. The
Town has the ability to annex these areas.
Then it will become an issue of whether it’s Eastern or Northern’s service
area for water. Dan Swafford agreed
territorial issues could become a problem and have been a problem. Phillip clarified he was talking about new
development and not existing buildings. Phillip
Rogers stated on the east side, the Town went into a Northern area and the
State Regulatory Commission on Utilities ruled in the Town’s favor. If the building was in the Town, water and
sewer could be run to it regardless of what other water authority was present
on the property.
Swafford entertained a motion to adjourn.
Phillip Rogers made the motion to adjourn. Phillip Smith seconded. Dan Swafford adjourned the meeting at 7:56
p.m. The next meeting will be October 5,
2010 at 6:00 p.m.