November 5, 2015





The Ellettsville, Indiana Plan Commission met in regular session on Thursday, October 1, 2015, in the Fire Department Training and Conference Room located at 5080 West State Road 46.  Terry Baker called the meeting to order at 6:00 p.m.  Don Calvert led the Pledge of Allegiance.


Roll Call:  Members present were:  Terry Baker, President; Russ Ryle, Vice President; Don Calvert, David Drake, Pat Wesolowski and Sandra Hash.  Scott Thomas was absent.   Kevin Tolloty, Planning Director; Rick Coppock, Bynum Fanyo and Associates, Town Engineer and Darla Brown, Town Attorney, were also present.


Approval of the Minutes


Terry Baker entertained a motion for approval of the minutes for the regular meeting on October 1, 2015.  David Drake so moved.  Russ Ryle seconded.  Motion carried.


Approval of 2016 Meeting Dates


Sandra Hash, Clerk-Treasurer, said there is nothing out of the ordinary with the schedule of meeting dates. 


Terry Baker entertained a motion to approve the 2016 meeting dates.  David Drake so moved.    Russ Ryle seconded.  Motion carried.


New Business


Petition for Voluntary Annexation of 4501 N. Outback Road (1 Acre); Petitioner:  Jeff VanHorn; Case No. PC 2015-14


Kevin Tolloty, Planning Director, explained this is a voluntary annexation for 4501 N. Outback Road and it is 31% contiguous to the Town.  The property is currently undeveloped. The petitioner owns the house to the south where he operates an automobile detail graphics business.  The intent is to move the business onto this property and develop it in accordance with the Town’s development plan. The drainage cannot be more than it is now so they will have to put in adequate detention in accordance with the county drainage standards.  The proposed zoning is C-3 which allows for the proposed use.  The county zoning is residential.  Their covenants allow for some type of commercial to be built in their subdivision.


Pat Wesolowski asked if the house is included in the annexation.  Mr. Tolloty answered no.  There has been discussion on annexing the house at some point.  Ms. Hash asked if the petitioner approached Monroe County to make it a business area and was denied.  Mr. Tolloty thinks that may have been the case but doesn’t know that for a fact.  Mr. Drake isn’t concerned about the house and is all for the annexation but he is concerned about zoning it C-3 because anything could go on the property.  They’re starting to annex a little farther off the highway.  Does he have to have C-3 zoning for what he is currently doing?  Mr. Tolloty replied yes because it is the only zoning that will allow the auto work the petitioner is doing.  Mr. Drake is concerned about what could go in later on a residential street.  Mr. Ryle asked how the house is zoned.  Mr. Tolloty answered it zoned LR which is residential 3.  Ms. Hash asked if he is allowed to have an in-home business with the zoning.  Mr. Tolloty answered he is uncertain.  Mr. Ryle thinks he has an improper use in his house.  Mr. Wesolowski asked if he will maintain the same type of business.  Mr. Tolloty replied it will be the same.


Russ Ryle commented it will be nice for the Town of Ellettsville to get another property.  They’re gradually building their 12% requirements.  Mr. Wesolowski would feel more comfortable if someone was present to represent the petitioner.  Mr. Baker agreed.  Ms. Hash had someone stop by her office and this annexation came up in the discussion.  The person lives across the street from the property and said he didn’t have any problem with it.  A few times they have detailed race cars and revved the engines but he didn’t have any complaints.  Mr. Ryle remarked the property drops 20% across the developable area across the floodplain.  Because of drainage, what can go on the property will be limited.  Mr. Tolloty would like to have used a lower zoning classification because he has no desire to see anything commercial go further south.  Ms. Hash asked how it is defined in a C-3.  Ms. Brown replied in C-3 the following uses are allowed:  auto and truck repair, kennel, car wash, convenience mart store, greenhouse, laundry and dry cleaning, pawn broker, veterinary clinic and mini rental storage facilities.  In all commercial zonings under §152.082, multi-family dwellings, libraries, museums, art galleries, cultural, social or religious organizations, schools, bakery, baby sitting, child homecare, bed and breakfast, bicycle sales, gun sales, liquor stores, hotels, motels, home occupations, personal services, pet shop, print shop, florist, gift store, hardware and furniture.  Ms. Hash doesn’t think it is vehicle repair but it may be a print shop.  Mr. Tolloty noted print shops are permitted under all three commercial districts.  Mr. Ryle suggested zoning it C-1 which would prevent a gas station and other intense uses.  Mr. Drake would agree to C-1 or C-2 zoning.  The property annexed across from there is zoned C-1.  He is concerned C-3 zoning includes too much.  Mr. Ryle asked Ms. Brown if she is comfortable with C-1 zoning.  Ms. Brown answered print shops are allowed in all C districts.  It depends on how he looks at his business.  The Town Code also states small appliance repair and servicing studios, arts and crafts, design, photography and broadcasting are allowed.  So, this is how they’re looking at his business as opposed to auto repair.  It would make sense to zone it C-1 or C-2. 


Terry Baker thinks this should be continued until next month.  Mr. Wesolowski asked if the petitioner has expressed the size of the building he wants to put on the property.  Mr. Tolloty answered he has not.


Terry Baker made a motion to continue this until next month.  Russ Ryle seconded.  Roll Call Vote:  Terry Baker – yes; Russ Ryle – yes; Don Calvert – yes; David Drake – yes; Pat Wesolowski – yes and Sandra Hash - yes.  Motion carried 6-0.


Petition for Subdivision, 7700 W. State Road 46 (244.69 Acres); Petitioner:  Smith Brehob & Associates on behalf of Chapel Hill Wilderness, LLC; Case No. PC 2015-15


Kevin Tolloty, Planning Director, advised the Petitioner has requested this be continued to the December meeting. 


Russ Ryle made a motion to continue per the Petitioner’s request to the December meeting.  David Drake seconded.  Roll Call Vote:  Terry Baker – yes; Russ Ryle – yes; Don Calvert – yes; David Drake – yes; Pat Wesolowski – yes and Sandra Hash - yes.  Motion carried 6-0.


Planning Department Updates


Kevin Tolloty, Planning Director, had nothing new to report on the Steering Committee.  Paper surveys will be finished by the end of next week.  Online surveys will be available for another week.  They’ll start going through surveys, putting them together and seeing where they lead.  Mr. Ryle asked if he has an idea of how many responses he has received thus far.  Mr. Tolloty replied at least 50.  Almost 100 surveys went out at the Monroe County Fall Festival, 100 have been taken from the library and he is uncertain how many have been taken from other locations


He hasn’t made a lot of progress on Legislative Procedures.  The main pieces he has been looking at are under §1.9, Committees.  It will define the role of a Technical Review Committee (“TRC”) comprised of mainly supervisors and a couple of other people who will review major plats and development plans and provide recommendations to the Plan Commission.  He would like to establish the framework for a Plat Committee whether or not one is formed.  It would consist of three to five members to mainly look at minor subdivisions and approve the same without going before the Plan Commission.  The state allows a TRC and if they don’t do it now they could go back in the future and set it up. 


The other sections are, §§4.1 and 4.2, Notification and Petition Materials.  He wants to straighten out what is or not required in Planning.  He would like notifications to be mailed with a certificate of mailing as opposed to certified mail because it is more cost effective.    He would like to change the sign format so they can be reused which would save money.  Ms. Hash noted the cost of the sign is passed on to the petitioner.  Signs draw attention to the property, and whether or not they get the information they need, they will be alerted that something is going on.  There was further discussion on signage.  Mr. Ryle asked if it meets state requirements.  Ms. Brown replied under the Plan Commission Legislative Procedures there is to be signage but it is not a state requirement.  Mr. Tolloty advised he will be looking at including additional information on letters sent to adjacent property owners.  He intends on having a draft for the December meeting.


Privilege of the Floor


Russ Ryle attended the Parks and Recreation Board (“Parks Board”) meeting.  There is interest on becoming more active in managing and developing land owned by the Town of Ellettsville.  At the last Town Council meeting, they worked on purchasing a two acre detention pond.  The Town also has Wells Park.  There is discussion that parks will be part of the new Town Hall property.  The Parks Board is thinking about “what do they want the park areas to be?”  One of the people at the meeting commented that green space and parks was coming up as a hot item on the survey.  There’s interest and people wanting to do something.  This is something positive to work into the master plan.  Mr. Tolloty noted there were a few questions on parks and green space on the survey.  Ms. Hash commented a green space study done through an I-69 grant.  Mr. Ryle asked what year the study was done.  Ms. Hash thinks it was 2007 or 2008.




Terry Baker entertained a motion to adjourn.  Pat Wesolowski made a motion to adjourn.  Russ Ryle seconded.  Terry Baker adjourned the meeting at 6:35 p.m.