The
Ellettsville, Indiana
Roll Call:
Approval of the Minutes
Terry
Baker made a motion to approve the minutes of the
Old Business
Erosion
Control – Public Right of Way Excavations Ordinance
Rick
Coppock, Bynum Fanyo and Associates
passed out and reviewed copies of the changes to the ordinance pertaining to
Grading and Erosion Control:
·
The maximum fee
for a grading permit is $500.
·
The Town may proceed against responsible party
by issuing a Citation for Violation ticket for $100 per day.
·
If a project does
not comply with control plan the Planning Director may draw on the developer’s
letter of credit
·
A bond is
required for Erosion Control aspect of any project using the same standards of
the county and city.
This ordinance would bring our Code up to date with
common practices and also give us an ability to enforce erosion control. Following Plan Commission approval, Rick will
forward the Ordinance to Mike Spencer to review the changes and make sure it is
in proper form before going to the Town Council.
William Evans made a motion we adopt Erosion Control –
Public Right of Way Excavations Ordinance with the stipulation they are sent on
to our Legal Counsel for legal approval.
Terry Baker seconded. Roll call
vote: Terry Baker – yes; William Evans –
yes; Frank Buczolich – yes; Don Calvert – yes; Dennis Williamson – yes; Sandra
Hash – yes. Motion carried.
Parking
Zones – Enforcement Issues
A request was made to move this discussion to later in
the agenda.
New Business
Rezoning
request at 7350 West SR 46 from R-1 to C-3
Frank
Nierzwicki, Director Planning
Services requested petitioner’s property 7350 West SR 46 rezoned from residential R-1 to commercial C-3.
·
This property is
consistent with current and future development along SR 46. The petitioner would like to have a business
located at this location. There is
currently a gas station-restaurant within a block of this location.
·
The petitioner
has not decided what type of business he would like to establish at this
location. The neighborhood is concerned
about how a commercial zone would affect their lifestyle. The type of business that locates at this
location will most likely determine the reactions of the neighborhood.
·
The petitioner
may want to consider a lower commercial zone, C-2, at this location. The C-2 zone would exclude the following
business: Heating/Air Conditioning,
laundry, printing plant, tavern and warehouse among others.
·
If this parcel is
rezoned to commercial, the petitioner would need to include buffering between
his property and residential neighbors.
·
Once a property
is rezoned to commercial it does not mean approval for any type of business
use. The petitioner would have to submit
to the Planning Department development plans before a building permit is
granted. Items such as parking and safety
would be considered before permission would be granted by the Planning
Department.
Don
Calvert requested in the future a Preliminary Plan be submitted with a zoning
change request.
Dana
Kerr, attorney for petitioner Lester Wood, spoke with Frank on some issues and
discussed them with his client. Mr. Wood
would like to proceed with the C-3 status as opposed to C-2. The petitioner understands and accepts that
issues will need to be addressed later concerning buffering, safety and
parking. If the petitioner is allowed
to rezone the property to C-3 it does not mean he can automatically put
anything in. A rezone will make the
property more valuable, profitable and marketable for the owner if he decides
to sell. The petitioner purchased the property from the state. This property is located right on SR 46 and
is a little over one acre in size which will limit the type of use.
Don
Calvert asked if owner purchased this property as an investment to sell. The owner surely has an idea of what he wants
to do with the land. Mr. Kerr spoke with
the owner who first questioned putting in a beauty shop but is really unsure of
what he wants to do with the property at this point. There is more value and options if zoned
C-3. He did speak with his client on the
differences in C-2 and C-3. C-2 by
definition is a “Tourist Commercial District” and C-3 is “General Commercial
District”. William Evans would like to
know what will go in there before making a decision. Mr. Kerr reiterated it is easier to buy and
sell property if it is already zoned commercial. Mr. Wood’s property is presently at a
disadvantage because it is located right on SR 46, in an area with median turn
lanes designed to handle commercial development. It seems compatible to make it C-3.
Sandra
Hash stated there have been a number of people who requested zoning changes for
Duane
Hornick,
He
is not seeing too many people rushing to develop. Commercial space at
Denny O’Mullane,
Duane
Hornick questioned the property
address for the rezoning. It was listed
on the agenda, in a letter and in the paper as
Frank
Buczolich made it clear zoning is only
one part of the process and does not guarantee anything.
Tim Hudson asked where Mr. Wood would apply for a business
permit. Frank Nierzwicki answered a
development plan would have to come through the Planning Department. The issue is the property is R-1 and not
zoned for a business. Mr. Hudson read in
The Journal two weeks ago Mr. Lester Wood had asked for a permit to put a
business in on that property to work on cars and was told he could not apply
for anything until all the neighbors were notified. Mr. Hudson thinks Mr. Wood does have an idea
of what he wants to do there but is not saying.
Frank Nierzwicki spoke with Mr. Wood 4 to 5 months ago but did not hear
that. All building permits through Frank
Nierzwicki’s office and all inspection are done by the Monroe County Building
Department so he is unclear where that information came from. Mr. Hudson has been in his house for 25
years, in a quiet neighborhood that does not need anymore traffic. Depending on the type of business there might
be flood lights, security lights or even security cameras and that is not what
he wants to look at while sitting on his back patio.
Tonya Hudson’s
concern is for the children living at
home. Presently the children can ride
their bikes on the side street and walk on the sidewalk to the library. If a business is allowed, her children will
be limited to what they can do. After
she was married, they decided to stay at the house and add on to make room for
every one instead of moving. They liked
the neighborhood being quiet and peaceful.
They did not have to worry about the safety of the children. They would not have invested money into their
house if they would have known a commercial business could be put in.
Don Calvert commented Mr. Kerr on the appearance of his
business. When Mr. Kerr came before the
Planning Board they knew what was going in.
When people buy a home, they look at the surroundings and the
surroundings were residential and not commercial. Directly across the street is a development
with planned residential and commercial.
When people decide to buy a home there; they will know they are buying a
lot next to a commercial area because all that was preplanned and laid out in
front of the Planning Board. He does not
want to open the door for future problems. Commercial falls under a different
set of laws that he does not always agree.
Making this change would open a can of worms.
William
Evans asked if INDOT would allow
anymore driveway cuts to be made along West State Road 46. Frank Nierzwicki said as far as access points
INDOT will look at how close they are to each other and if it is on a curve (which
it is). It is not impossible to get a
commercial cut but it is a long process.
William agreed with Don on knowing what is going to be there before
making a decision.
Dana Kerr stated the concerns are safety, traffic and lighting. These practical concerns are not being
approved tonight. The Planning
Department has jurisdiction to control all those concerns. He agrees the size of the property will limit
what it can be used for because of buffer zones and set backs. The majority of the concerns will be
addressed at a future time when a purpose for the property is known. The property was for sale from the State and
Mr. Wood obtained it at a fair price and no one wanted to purchase it for
residential use. This property is
located right on West State Road 46, across from
Duane
Hornick commented the blue house was
residential until the State used it for an office. In doing so they tore out a lot of the inside
to make it compatible for their use.
When the house went up for sale it was not looked at as a good house to
invest in.
They were told the State was going to tear it down. The reason development to the west is not
commercial is because it has been residential except for a few properties that
have been there for years. Most people
bought on the west side knowing the few commercial properties were there. The
east side of town needs to be developed first since there are over 37
properties (10 per mile) either developed, could be developed or have empty
store fronts.
David Drake,
former Plan Commission member,
currently on the Redevelopment Commission and Board of Zoning Appeals,
remembers a similar situation with the property on the
Frank
Nierzwicki gave the Plan Commission
their options:
·
Approve the
petition as presented
·
Deny
·
Not taking action
and pass on to Town Council
·
Approve with
stipulations
Denny
O’Mullane stated the petitioner may
have honorable intentions for this piece of property but once he sells it to
the next person, anything goes with a C-3 zone.
Norma
Stevens lives on
Sandra Hash commented on the existing commercial zoned property on
the corner of West State Road 46 and Ridge Springs. Once it is made commercial, the Plan
Commission does not have control on what goes in. If the property meets all the zoning
requirements, the Plan Commission can add restrictions, buffers and set backs
but can not deny the use if it is within the allowed zoning. There was considerable out cry from that
neighborhood after the property was developed.
Frank Buczolich called for a motion concerning the
rezoning petition at
Terry Baker made a motion that we deny it. William Evans seconded. Roll call vote: Terry Baker – yes; William Evans – yes; Frank
Buczolich – yes; Don Calvert – yes; Dennis Williamson – yes; Sandra Hash –
yes. Motion carried to deny the C-3
zoning request.
Annexation
request at
Frank
Nierzwicki explained this property is requesting voluntary annexation. He read the Staff Report:
The land, once annexed, would be zoned C-3 commercial. The property is adjacent to the Town with
access from SR 46 via
The petitioner and the Plan Commission should consider
PUD zoning as a possibility for the parcels that are not adjacent to SR 46. The PUD zoning for these parcels would allow
more of a transitional space between the SR 46 commercial areas and the
residential zones in the
The Staff recommends conditional approval. According to Ellettsville Utilities, public
water and sewer is available on-site.
Therefore, no private water wells or septic systems will be permitted on
this site.
Water Retention:
Before any development activity could occur at this site the Town
Engineer, Developer and the Director of Planning Services will need to review
the on-site retention plan.
Since no development plan has been submitted, there
has been no sign plan submitted.
Financial Cost:
There would not be an added financial cost for the Town to annex this
parcel. Water service, sewers, police
and fire protection are already in the area of this parcel. The total assessed evaluation of these
parcels, with improvements, is listed at $226,800. The parcel will also produce additional
annual revenue of $3,854.60 for the Town per year at the current rate.
General Information:
Single-family residential to the north; Commercial C-3 to the south;
Frank Nierzwicki handed out a map of the location with
the four parcels and also pictures of the parcels.
Don
Calvert needs to see a plan. This property will become C-3 once it is
annexed. He asked if the two residential
neighbors agree with the voluntary annexation. Is there anyone in the audience
who oppose the annexation?
Andreas
Michel, resident of 725 Hanover Glen,
asked what “Voluntary Annexation” means?
How does it work?
Frank
Nierzwicki explained Voluntary
Annexation is when 100% of the property
owners request to be annexed into the Town.
By Indiana State Code 1/8 of the border needs to be contiguous with the
Town Border. In this case it is over
30%. Property owners ask and volunteer
to be annexed in for various reasons.
William
Evans asked if letters were sent out
and Frank Nierzwicki said yes and he does have the receipts. William commented no one has opposed
this. Frank showed on the map the
property is adjacent to
Dennis
Williamson clarified this property is
currently under
Frank Buczolich stated the chair would entertain a
motion to, as the staff recommends, conditional approval of the voluntary
annexation petition.
William Evans made a motion to approve the annexation
request at
Sandra Hash asked if the Annexation Fiscal Plan is going to be
discussed. Frank Nierzwicki said it has
been approved and there was some editing done since last night. The present document has been clarified and
he will work with Sandra to make the changes before presenting it to the Town
Council.
Annexation
request at 4747 West SR 46, Putter’s Park, approximately 2.76 acres
Frank
Nierzwicki requested one parcel located at the southeast
corner of West State Road 46 and Ridgewood Drive be annexed into the Town. The land, once annexed, would be zoned C-3,
commercial. This property is adjacent to
the Town with access from West State Road 46. According to Ellettsville
Utilities, water and sewer is available.
The issue with this property tonight is the annexation into Town and the
type of zone they are requesting. He
will review any building permits and resolve any outstanding permits with
The existing land use surrounding this parcel is: Single-family Residential/Commercial to the North;
Monroe County Single-family dwelling to the
South, East and West.
Don Calvert asked what the distance was
from this piece of property to the
John
Hood explained he built the little building in front of
Putter’s Park for the putt-putt. The
double doors going into the building will be the restaurant dining area with
the kitchen on the Southeast corner. He
is currently zoned for putt-putt and a snack bar in
Sandra asked if he has petitioned
John
Hood explained he has
known Walt at Jiffy Treat for years and does not want to compete against him in
selling hot dogs. John stated he has had
his licenses for years. As far as the
bar, he leased the bar at Econo Lodge (Varsity Club) with no problems. He would like to open a nice restaurant with
breakfast, lunch and steak dinners.
Sandra asked about having a bar.
John said the bar would be in the bottom of the building. Even if the bar wasn’t there he wouldn’t want
the children with golf clubs coming in and disrupting families while they were eating. He had a building built outside to house the
putt-putt, snack bar and restroom. It
has already been proven the existing use will not pay for itself. Frank Nierzwicki has been to the property and
explained the upper level portion of the building would be the family style
dining room (example Olive Garden) with alcohol served. The lower level would have a separate
entrance for age 21 and older as required by the State of
William
Evans stated in the
recent past we have zoned and accepted Hoosier Bar & Grill into Town. We had “Third Base” who served beer and
liquor who have since closed down. He
thinks Mr. Hood is making an attempt to separate that. He feels we should zone this with the
Director of Planning Services approval on what they can do.
Ron Mansell,
resident 4685 Westbrook Downs lives
across from the Putter’s Park parking lot.
He did not attend this meeting to oppose the annexation. He never officially heard what they were
going to with Putter’s Park. He
commented about Ellettsville not having smoking restrictions. He assumes Mr. Hood is anticipating the
revenue from the bar and restaurant will overcome the higher taxes. In term of the annexation itself, their fear
is to be annexed in themselves which they do not want for the fear of higher
taxes. The other fear is having the bar adjacent
to his home and value being lowered which a realtor told him would be
likely. He reviewed what happened in the
past and what he hopes will happen in the future once the bar and restaurant is
opened. Putter’s Park was built in
1983-1984 by Don and Barbara Headdy. It
was approved as an A-frame building to house putter’s patron, storage of
equipment and snack bar. When they owned
it, they did as they desired; built the lighthouse, ran their construction company
out of it (they were cited) and rented rooms out for meetings. They went bankrupt; Mr. Cowden purchased it
and it remained empty for a few years.
Mr. and Mrs. Farkas bought it and they did what ever they wanted
to. They had large gatherings utilizing
the green space (which is owned by someone else). There was a pizza parlor, they put up large
speakers and Lisa Farkas Mortgages was operated out of there which was against
the rule. When it was sold in the summer
of 2005 to Ms. Claire Kerr and Mr. Hood; Mr. Mansell spoke with Mr. Hood. Mr. Hood asked if they would object to a
family restaurant and it was indicated to be okay if regulated properly. They also spoke about past owners and
infractions especially the speaker on the south west corner of the building and
a lack of a tree buffer that was suppose to be taken care of in 1984 by the
Headdy’s. Mr. Hood has done a lot of
work with Putter’s Park. Mr. Mansell and
his wife do not care what they do with Putter’s Park as long as they do not
affect their house with light, sound or smell.
Mr. Mansell spent thousands of dollars on trees in front of his home on
Frank Buczolich asked Frank Nierzwicki to address
concerns on enforcement. Frank
Nierzwicki has issues with migration of light and trash in the area. He talked about Ellettsville
regulations. He has a good relationship
with Monroe County Planning Department and they work together on developments
across boundary lines. He will work with
the neighbors even though they are not in the Ellettsville town limits and work
with
Don Calvert asked what the bar operating hours would
be. Mr. Hood answered “11 a.m. to 11
p.m.”.
Everett Libkie lives across the highway of Putter’s
Park. He came to find out what was going
on. He has learned a lot this evening
and does not have any particular objections.
The lights do not bother him but he does get a lot of litter when the
park is open.
Frank Buczolich stated there are no preliminary plans
and the hours being 11 a.m. to 11 p.m. where most bars are opened later. Mr. Hood added insurance would be 50% cheaper
by closing early. There will be no
smoking in the restaurant and on the putt-putt course.
William Evans made a motion to accept the annexation
request of Putter’s Park with the consideration that the Director of Planning
Services monitors the necessary zoning issues.
Frank Buczolich clarified the zoning as C-3. Dennis Williamson seconded. Roll call vote: Terry Baker – yes; William Evans – yes; Frank
Buczolich – yes; Don Calvert – abstained; Dennis Williamson – yes; Sandra Hash
– no. Motion carried 4-1; one
abstain.
This will go to the Town Council for a first reading
and second reading with a motion on the second reading. Frank Nierzwicki said there will be a 60 – 90
day transitional period with the county.
There was a 5 minute intermission.
Parking
Zones – Enforcement Issues
Frank
Nierzwicki explained the parking zone
draft. The Commission requested a plan
that would have three zones and explain the criteria for each of these zones.
·
Zone 1 – Old
Ellettsville. The location would be
bounded by homes on either side the streets listed in the draft. The type of parking permitted in this zone
would be: (1) on existing driveways (2) on extended driveways – parking areas
per Town Code (3) on streets – minimum street width of 26 feet. Minimum street width
would include
two nine foot travel lanes and one eight foot parking lane. On street
parking would require Fire, Street and Police Department approval.
The
American Assocation of Highway and Transportation officials have a green book
on standards of parking lanes.
·
Zone 2 – Older
Subdivision. The locations would include
Richland Manor, School view/Southwest Manor, Arrowhead and
·
Zone 3 – New
Ellettsville. The locations not listed
in Zone 1 or 2. Type of parking
permitted is on existing driveways.
He reviewed the Hours of Enforcement, Notification of
Parking Violation, Disability Parking, Special Situations and Parking Ticket
Appeal Process. He is working with the
GIS to get a draft Parking Zone Map.
William Evans stated he does not want to see any
parking on the streets. In a perfect
world the dimensions on the street would come out so a fire truck, car and
parked car could share the road but in real life it will not happen that way. Sandra said it might slow down traffic. Frank Nierzwicki suggested parking on the
street in the Meadowlands on an alternating pattern might be preferable. There was a discussion on different parking
issues and street size.
Meeting
Dates: Ellettsville Sign Ordinance and
Meadowlands Speeding
Frank
Nierzwicki announced the Ellettsville
Sign Ordinance meeting will be held June 20, 2006 at 7:00 p.m. at the Fire
Department meeting room with the local businesses on what is legal and
illegal.
The Meadowlands meeting will be June 22, 2006 at 7:00
p.m. in the same room.
Frank
Nierzwicki will be holding a meeting
June 6, 2006 with the neighbors and the new owners of the properties on the
south side of
Privilege of
the Floor – non Agenda Items
Sandra Hash requested the Resolutions passed at the last meeting
be accepted again by Resolution number for tracking purposes.
William Evans made a motion to approve the
Ellettsville Plan Commission Resolution 01-06 concerning Parking Zone
Enforcements. Terry Baker seconded. Motion carried.
Terry Baker made a motion to approve the resolution
concerning Sign Enforcement Resolution 02-06.
William Evans seconded. Motion
carried.
Dennis
Williamson thanked Sandra Hash for
the copy of the comprehensive plan.
Sandra Hash made a remark about the Citco gas station. When Citco came in the Town requested a
landscape buffer be put in because the neighbors behind the gas station
complained about lights. She has not
seen any landscaping yet. Frank
Buczolich stated they have a year from approval to complete that and they will
be notified. They had three issues to
take care of immediately and two of them were corrected. Frank Nierzwicki will check on it and report
back to the commission.
Adjournment
Terry
Baker made a motion for the meeting to be adjourned. Don Calvert seconded. Motion carried. Meeting adjourned 9:40 p.m.