The Ellettsville, Indiana Plan Commission met in regular session on Thursday, July 10, 2008 in the Fire Department Training and Conference Room
located at 5080
West State Road
46.† Terry Baker called the meeting to
order at and lead the Pledge of
Roll Call:†† Members present were:†Terry Baker, Vice
President, Willis Ziese, Dan
Swafford and Frank Buczolich, Sandra Hash, Don Calvert and Phil Smith were absent.† Frank Nierzwicki, Director of Planning Services and Connie Griffin were present.
Approval of the Minutes
Terry Baker entertained
amotion to approve the minutes from
Frank Nierzwicki- I have one correction to the minutes. I was speaking
to Ed Bitner.†† I would like
to clarify that when I stated ďYou need to be speaking to these people, and not
me.Ē† I believe I was pointing at the Plan Commission. (Page 9).
Dan Swafford- made a motion that we
approve the minutes of June 5, 2008 with the correction, Willis Ziese seconded the motion.†
Terry asked that a roll call be taken, all present approved of the June 5, 2008
meeting minutes, motion carried.† Seeing
no new business we will go to new business.
Old Business - None
Request for rezoning at 815 Main
Street, Don Baugh petitioner
Frank Nierzwicki- We have a petition from Mr. Baugh.† He has two properties at 815 W. Main Street
zoned C-3.† Heís purchased four more
properties to consolidate the area and to re-zone all parcels to C-2.† There is an alley in between the parcels and
he is interested in vacating the alley.
Frank is this in our packet?† Do you have
a map of this in the packet?† Who put
these packets together?
Frank Nierzwicki- I did, not Connie.†
Mine doesnít have a map in the packet either. He approached the board to
explain the location and parcel information.†
I talked with Jim Ragle, Street Commissioner, about a creek that runs in
the back of the property.† Jim has no
intention of ever building a bridge over the creek, so he doesnít have a problem
and the Utilities Department doesnít need it.†
Is there anyone here to talk about this rezoning?†
I would like to table this, so we can have better maps to look at this all
together.† Has the petitioner been
notified that we were going to talk about this?
Frank Nierzwicki- Yes.† He said
he would be here.†
I would like to make a motion to table this request on 815 Main Street.† Willis Ziese
seconded the motion.†
Connie Griffin- Roll call was taken, all present approved that the request
for rezoning at 815
Don Baugh petitioner would be tabled until the next Plan Commission meeting.
Request for rezoning at 4210 W. SR 46, Matt Cascio
Frank Nierzwicki- We have a rezone request on a property on SR
46.† The petitioner is here if he would
like to speak.
Basically, what we are trying to do is to pull all of the parcels into one C-3
zone, so the property is consistent.†
Weíve discussed a car dealership or putting apartments at this location,
I would like to get this zoning finished, and if I have to downzone it later
Iíll do that.†
Frank Nierzwicki- Most of the parcel property is all ready a C-3, we
have some multi-family residential zoning in the back area of the property, and
that is what he is trying to do to get the zoning consistent.
Again, do you have a map in the packet?†
Frank Nierzwicki- That wasnít included?† Frank approached the board.† He discussed the area and the zoning
classifications.† Iíll explain what this
will mean to adjacent property owners.†
When we have areas in zonal transition we have in Town Code that a
double set back is required.† He is
trying to develop one block of a consistent zone.† It will be easier to sell the parcels.† Before any development is conducted, the
development plan would have to go to the Plan Commission for approval.†
Are there any questions?
I live on Deer
and my property backs up to the CedarBluffGardens property.† I
have a couple of questions or issues, concerning the residential property that
sets at the corner of my street.† I have
a concern that if it is zoned to commercial property, are we going to have
problems with commercial traffic coming into our neighborhood to enter into the
frontage property from the rear, such as delivery trucks.† This could cause safety issues and wear and
tear on our streets.† †We donít have sidewalks in the
My second concern is when Circle
K gas station went in the lights were so bright, especially in the winter.† So, Iím concerned with what could happen with
commercial bright lights at this location.
Frank Nierzwicki- One issue on the access and the connection to the
neighborhood, this issue would be addressed in the developmental review stage
of the site, to limit access to the subdivision.†
The residential area is on my street now; I think when you are considering
changing the classification from residential to commercial I think you need to
look at this initially as a problem area you have to consider even at this
point.† By changing the zoning
classification it opens it up for these potential issues.†
Frank Nierzwicki- The one thing we will be looking at with the development
plan is to have access on SR 46, you have a valid concern.
I donít think we have any property that connects to Deer Park Lane.† So, I donít
think we would be able to access this area.†
Terry Baker- I
would entertain a motion.
He wants to go from residential to C-3 or C-2?
Frank Nierzwicki- C-3.
Is there anything sitting on these properties right now?
Frank Nierzwicki- Frank addresses Matt Cascio, you have a rental
I have a few multi-family homes and a few single family homes, but our intent
is to take the rental properties and redefine the property lines for the rental
houses and get that as a separate entity, because if we sell it, I donít want
to sell the rental property. †
Is there a house and an egress onto that road?
Frank Nierzwicki- The apartments have access on the road.
Dan SwaffordĖ So, it could actually
be done if it wanted to be done that way.
There is no way to put a road without major construction, I put retainer walls
in, you would have to do major excavation work to put in a road in.† There is a pole barn and garage as well as
the sales building on the property.† A
house is used as an office and there is a garage next to the house.† Theyíre several buildings on the site.† We prefer to sell the parcels to one person
as a consistent development.† If it
doesnít sell we will probably develop it ourselves.† †We
have plans on taking down a gate that INDOT installed. †INDOT will take the fence down, but they want
to wait until they see a proposal for this area.† We have two commercial entrances.†
Since there are no additional questions, I would entertain a motion.†
Frank †Buczolich- I make a motion that we approve the request for
rezoning at 4210 W. SR 46, Matt Cascio petitioner.†
Iíll second that.† Roll Call.
Connie Griffin- Sandy Hash, absent, Terry Baker, yes, Frank Buczolich, yes, Don Calvert, absent, Dan Swafford, no, Phil
Smith, absent, Willis Ziese, yes.
Frank Nierzwicki- This does not pass or is not defeated, my suggestion
to the group is to carry this to the next meeting, and hopefully we will have
more than four members at the next Plan Commission meeting in August.
Ė Iíll be out of town in August.
Frank Nierzwicki- August 7th is the next meeting.† We have a lack of votes on this tonight, 3 to
1, we have to have 4 votes to pass.† We
can continue this until September 4th.†
If you have someone that could represent you or you could provide a
written document that could be read at the meeting.†
I would like to come up and look at the area, Iím confused about the parcel
Youíre welcome to come up to the area at anytime, you can call me if you have any
Joe Sanders Ė I
think it would be best for him to continue this until September, so if we have
any questions we can ask him at the meeting.†
Made a motion to continue this at the next meeting September 4, 2008.
Frank Buczolich- Seconded the motion.
Connie Griffin- Sandy Hash, absent, Terry Baker yes, Frank Buczolich, yes, Don Calvert, absent, Dan Swafford, yes, Phil
Smith, absent, Willis Ziese, yes.†
Planning Staff Comments
Frank Nierzwicki- I have sent off the I-69 planning grant, which will
be coming back to us in a month or so.†
Town code changes, we have a number of items that we have difficulties
on enforcing.† I will have
recommendations on parking on the grass, through erosion control, Rule 13.† Other issues, sign banners, have this spelled
out and a better permitting schedule, as well as temporary signs.† I recommend a new rental ordinance, and
Connie has been working on this with the study group.
Connie Griffin- The first meeting was a great brain storming
session.† We basically determined that
bare minimum standards will be the goal.†
We will model the Bloomington
code.† We would like to add registration
of landlords and getting inspections started.†
We are looking at this from a liability perspective.†† Monroe County Building Department, Jim
Gerstbauer, CBO Building Commissioner has shown interest in joining our
group.† We are taking Bloomington Code
apart, line by line, and we are putting it into terminology that is easy to
read and understand.† We will meet a
couple more times and then after that we would like to ask for supervisor and
commissioner comments, and have the Townís attorney review the code for
problems or concerns.† We hope to have
the rental code ready for adoption at the end or first of the year.†† After this is accomplished we may look at
Have you had any input from actual renters?
Connie Griffin- No, not as of yet.†
I think that would be good, because they can discuss what they feel are
Frank Nierzwicki- We will have a public meeting with the commissioners
to go through this to take input.
Frank Nierzwicki- The Plan Commission
Journal was discussed.† He would like to
establish a discussion on some of these articles.† He reviewed some of the articles that are
related to the meeting.
He made the comment of the importance to review issues brought before the
commission, but if questioned by a land owner or petitioner you need to respond
that you are here to review the situation to develop a better understanding of
Itís hard in a small town not to come in contact with a petitioner during the
process of their coming to the commission.†
You have to remember that you shouldnít discuss the situation.†
Frank Nierzwicki- We will have a training class in 2009.† We could have some good speakers come to the
Seeing no new business, I would entertain a motion to adjourn.†
Frank Buczolich- seconded.† All
agreed, none opposed. †Meeting adjourned
at †Next meeting will be August 7, 2008.