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 of Allegiance.


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 absent.  Connie 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.


New Business


Smithville Charitable Foundation Rezone – 820 W. Temperance from Residential 1 to Commercial 2, Parcel ID Number:  0090347000 – Connie Griffin Introduction and Petitioner Darby McCarty


Connie 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. 

·        The conditions 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 corridor.

·        The community 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.

·        The proposed zoning will establish a desirable precedent in the area because a charitable foundation is a positive use in the Downtown area.

·        The proposed rezoning is compatible for surrounding land uses.


Clayton 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 her staff.


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.


Kocolene, Fast Max – Proposed Development Introduction by Petitioner for a Vehicle Drive Thru for Tobacco Shop


Connie 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 start.  Connie 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 requested. 


Cole – 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


Rick 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 Drive. 


Clayton 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.


Legislative Procedures – Plan Commission Committees Established for Comprehensive Plan Update and ADA Transition Plan


Connie 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.


Kiosk Code


Connie 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. 


Code Revisions for FEMA Map Update


Connie 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 Commission.


Revisit Town Landscape Code and Natural Environments/Habitats


Connie 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.


Planning 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, FEMA Workshop


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 regarding Chad’s 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.




Clayton 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.