October 12,
2006
The
Ellettsville, Indiana Plan
Commission met in
regular session on Thursday, October 12, 2006, in the Fire Department Training and Conference Room
located at 5080
West State Road
46. Frank Buczolich called the meeting to order at 7:00 p.m. opening with the Pledge of Allegiance.
Roll Call: Members present were Frank Buczolich, President; Ed Bitner, Vice President; Sandra
Hash, Secretary; William Evans, Don Calvert, Terry Baker and Dennis Williamson,
Frank Nierzwicki, Director of Planning Services was also present.
Approval of the Minutes
Ed
Bitner made a motion to accept the minutes as printed for the August 3, 2006 meeting. Terry
Baker seconded. Motion carried.
Old Business
Parking
Report - Discussion
Frank
Nierzwicki, Director
of Planning Services and The Planning Department conducted a study this past summer
looking at options that to increase parking within the Town. This study was completed in August.
The
Planning Department has considered going to a “Zonal Parking Plan” with three
separate zones. One zone would be for
“Old Ellettsville,” another zone for older subdivisions and a third for new
subdivisions.
The
Zonal Plan requires some on street parking within the Town. After meeting with the Town’s Public Safety Officials
(Fire Chief, Town Marshal and Street Superintendent) it was agreed that a minimum
street width of 28 feet would be required to allow on street parking. The Planning Department did not find streets
wide enough to start an on-street parking program. The Zonal Parking Plan can not be started in
Ellettsville as proposed.
During
the Planning Department’s study, a couple of options were suggested by
residents. One suggestion called for a
pull off parking space parallel to the roadway.
This pull off area would have a hard surface and allow for a vehicle to
be completely off the roadway. This
option may have some use in the older subdivisions within the Town. Another suggestion would be to limit the
number of vehicles allowed at a residence.
This option would not work because of the inability of the Town to
determine the proper number of vehicles allowed at a residence. Another suggestion was a more aggressive
enforcement policy with ticketing offenders.
William Evans asked what the Town defined as “hard surfaces”. Frank Nierzwicki stated in the Code; hard
surfaces were defined as “gravel, pavers, concrete and asphalt”.
Frank
Buczolich asked if
there have been requests for an “off street spot”. Would the neighborhood be in favor of
this? Frank Nierzwicki clarified there could be additional parking in the
green space of the yard. In the past
there has been a requirement on the percentage of the parking area you can
have. The whole front yard could not be
graveled for parking. The Town is trying
to be flexible because not all the areas are the same. The older neighborhoods are harder to
accommodate. The intent of the Town is
trying to find places for people to park.
William
asked why this has to be parallel to the roadway. Frank Nierzwicki gave an example of why this way could be used. In Kelli Heights, this has been popular because of the land form or if
there are trees in the way. William
questioned the use of parallel parking on Oak Street since it is dense.
Frank Nierzwicki agreed parallel parking would be hard on Oak Street and Old Ellettsville but it would be easily
achievable in the newer areas. He is
open to review any suggestions or possibilities.
Richard Donley, resident on Heritage Drive invited Frank Nierzwicki to look at the parking situation in the Greenbrier
Addition. He presented the Board with
some pictures. He went over each picture
and explained the parking problems with each picture. He presented a petition to the Town Board 25
years ago signed by 97 % of the people in his area. They were requesting parking on one side of
the street at that time. His house and
the ones around him were built very close to the street and on a sink hole. His street is 24 feet wide with the two curbs
each being 2 feet wide making the whole area 28 feet wide. He feels this would support parking on one
side and is asking for consideration.
His driveway was widened 25 years ago but can not expand anymore. The Town Board, at that time, did grant
permission to park on his side of the street.
Frank Buczolich asked if the studies were for one side parking. Frank Nierzwicki agreed and added this is why
a pull off area would be best. A
compromise could be looked at if that is what the Plan Commission would like
the Planning Department to do.
Ed Bitner suggested starting with one area as an example and
wait until other areas want the same thing taking traffic flow into consideration. Frank Nierzwicki wants to be fair and equal
with everyone but the problem is the streets are not fair and equal to
all. Frank Nierzwicki will start with
this neighborhood as an example.
Drainage Report - Discussion
Frank Nierzwicki and The Planning Department have been asked to review
some drainage issues within the Town over the last few months. The cases were varied in nature but they
appear to have a general pattern.
Residents are upset concerning rain water drainage and are attempting to
improve drainage on their own. Some of
these “home remedies” help the situation but most do not and some actually do
more harm.
They
have found two types of altered drainage patterns:
1.
A private citizen
tries to improve drainage on his or her property by changing the run off by
putting more run off onto their neighbors.
2.
A developer
changes an approved drainage plan to construct new housing units.
Both
of the above mentioned cases are doing harm to the community. The most direct improvement would be more
education but the real answer may go beyond just educating the public. We may need to look at a more forceful
attitude towards offenders and also look at more Town involvement on
drainage.
Residents
of Ellettsville may not think of having much in common with Rome, Italy or
Cincinnati, Ohio but they do share one common item; hilly terrain. We need to
address the drainage issue in a direct honest fashion.
Frank Nierzwicki and Rick Coppock
have been called out with driveway permits to find people have moved the water
off to a neighbor. It has been difficult
to catch all of what is going on with people changing drainage patterns. This issue needs to be addressed with all the
concerns. The Town is trying to follow Rule
5 and State requirements for run off.
Frank Buczolich asked what the Town’s current involvement with
drainage is. Rick Coppock of Bynum Fanyo
doesn’t know how you would define “involvement”. The Plan Commission approves a development
plan for individual development and then the plan is constructed by the
developer. Most of the problems arise
after the developer has finished the project.
The next developer comes in to build a house, have their own ideas and
may not conform to the original designs.
That is where the problems start.
The Plan Commission needs to recommend to the Town Council to take some
action to have the property owner, builder or who ever caused the problem to
remedy the situation.
Frank
Buczolich stated there is no recourse when a drainage plan has been
altered. Rick Coppock said with the
current ordinance; when the development is under construction there is some
recourse but when it gets down to the individual building a home then it is
more difficult to address that issue.
The only way to handle the problem would be to make sure the problems
are resolved prior to an occupancy permit being issued. Frank Nierzwicki said a recommendation would
need to be carried forwarded to the Town Council.
Don Calvert read a letter he sent to two Town Officials: This is
the results of the redirection of water from Lot 78 in the Springs Valley section on
to me during the heavy rains Thursday.
The pictures show the water gushing on to and flooding my property
during the stated rains. The picture
shows the side of my neighbor’s home with the water running through their lawn,
under their deck and surrounding their out building. This is Springs Valley Phase I Lot 8. When Phase III was developed, flooding
problems were eliminated until a contractor filled in the swell that catches
and drains the water away from me into the drainage ditch. My dog kennel was an island today with the
shallowest water being ankle deep.
Please encourage (the contractor) to honor the requirements of the
neighborhood and in fact all Ellettsville codes. I have additional photographs if necessary.
He
received this message back: “I got your message and I called the
contractor this morning. He said he will
be out there and will regrade the swell to eliminate the problem. Take a look at it and let me know if there is
anything else that needs to be done”. Don
was not pleased with this response. It
was sent at 8:31
p.m. on May 19, 2005. Since then he
has had numerous contacts with two Town Officials and nothing has been
done. As a member of the Commission he
does not feel we are getting our job done.
He has stated this publicly before.
A year and a half is plenty of time for a citizen to deal with an issue
like this especially when we are talking tonight about the same thing again. He did not identify the contractors or Town
Officials. He is disappointed in them, eighteen
months with numerous reports, visits, photographs and contacts is enough for
anyone to get something done.
Sandra Hash has heard this issue come up many times. Drainage has been a problem but we do not
have any one to go back and inspect the lay of the land when the project is
complete. She would favor looking into a
process to avoid drainage problems in the future. This should be done by a surveyor or someone
who measures elevations. Frank Nierzwicki believes the City of Bloomington has inspectors that go out for site issues such as
this, it is not uncommon. There are a
number of people in town with strong views on this.
Sandra
stated Monroe County has a Drainage Board and asked if this is something we
might be able to utilize through an inter local agreement sharing resources
like we did with the building permits. Frank Nierzwicki went on to say there are a lot of options to look
at. Sandra asked, can this fall back
on the developer or is it something the Town will need to fix. Rick Coppock suggested one way to get “plan performance” is to
have the developer provide certified plans.
Also town officials should be making some recommendations or given the
authority, based on their judgment, to present to the Council for action. Frank Nierzwicki stated the approved plan by the developer is just
fine but sometimes it gets altered. Don
Calvert said it was on record that it had been changed. His neighbor will have to adjust his entire
landscape to keep the water out. He can
not believe there is no repercussion from the Town to get this corrected. This has been pointed out too many times and
he believes the Plan
Commission should do
something. It is our job to see these
things do not occur. Frank Nierzwicki would like recommendations by the Plan Commission to the Town Council on
an ordinance allowing the Town departments more authority and actions in these areas. Sandra asked if the Plan Commission could pursue legal action. Rick Coppock said possibly but it would be up to Mike Spencer on
how he wanted to pursue it.
Don Calvert did not have anything more to say on the drainage but
gave thanks from the neighbors for the water line problem that has been
corrected.
Frank
Nierzwicki would
like to have a proposal for the next meeting.
Sandra stated if we wait too long, the ground will be frozen and there
will be no action until the spring. Frank Nierzwicki said he would work quickly on this.
Russ Ryle stated Rick Coppock
gave him a copy of the proposed plan for the Mustang Drive development. Rick Coppock clarified there were at least three plans on that
subdivision. The copy Russ Ryle has was
the second one showing the original grade before construction started. Mr. Ryle reviewed the plan and stated the
elevation of Mustang
Drive is
nothing like the one on the plan. They
clearly have drainage problems. The run
off is coming across the property from the full section of the south part of
the development. There are limited
accommodations for peak run off to get across the property. He has learned at this meeting there is no
plan in place to enforce developers to make the corrections when there are any
issues like this. What are the practical
options? Rick Coppock answered when the plans are approved by the Plan Commission and before the lots are platted; there has to be a
final plat. At that time the roads,
water and sewer are dedicated to the Town.
If there are any issues, the subdivision has to conform to the approved
plan. If not, the Town Council would not approve the final plat.
Russ Ryle asked what the difference is between approving the
final plat and the street being accepted in the Town. Rick Coppock said the final plat accepts the streets into the
Town. Russ said Mustang Drive has never been accepted as a Town street to his knowledge. Frank Buczolich said if the plat was approved the street was accepted
because that is the normal procedure. If
they posted a bond for it; the bond would be to assure the streets were
built. Sandra said during the final plat
approval; the top coat is not necessarily on the street. The Town does not accept streets until the
top coat is on and they are inspected by the Town Departments. An ordinance is written to accept those
streets before they are added to the road inventory. Frank Buczolich thinks part of the question is when is the road
accepted into the Town; what is in place to say that what we are being accepted
is what was looked at on paper.
Frank
Nierzwicki stated
one reason Mustang
Drive has
not been accepted is because the final top coat is not applied to streets that
are still under construction. If it were
accepted there would be heavy equipment driving over it breaking it up. From the Town perspective we would have to
pay to fix it. The problem with Mustang Drive is the development phase has been so long and there
is now a problem with the undercoat. Frank
will be giving new developments a time line; a certain phase will be finished
by a certain time or there will be no occupancy permits or building
permits.
Frank
Buczolich added
there is another problem that comes up with developments and plans that are
affecting existing areas and neighborhoods.
He has walked the Mustang Drive area after heavy rains and sees water pooling up
every where except at the drain. This is
all part of having an older neighborhood with no effective drainage except to
dump it across the road.
Frank
Nierzwicki stated
there is a grading permit on the books.
There is a cost of $100 per acre (maximum of $500) associated with
getting that permit. The incentive is
for bigger tracts of land to get the grading permit at the same time to be
graded. This is important so the whole
drainage area can be looked at and not one lot at a time.
Russ Ryle, speaking as a tax payer, thinks Mustang Drive is no where close to being acceptable. He is not sure if there is any other pocket
other than the tax payers to fix the problem.
With all the paper work in place; the key words are enforcement and
timely enforcement.
Evelyn Ryle’s thoughts on this would be before a final plat
acceptance; the Town requires all the grading to be complete and acceptable to
the original plan for the entire subdivision as a way to enforce all grading
and drainage issues. This type of
mechanism might be able to help the Town enforce those parts of the grading and
necessary drainage arrangements are in and properly produced by the developer’s
contractor and checked by the Town’s inspector.
Rick
Coppock stated the
Town should not release the posted bond or letter of credit before it expires. If there is something the Town doesn’t like or
won’t accept the letter of credit would not be released. Russ Ryle asked if anything has been released
for the Mustang
Drive final
plat. Sandra explained some bonds come
with expiration dates and not all of them are considered performance bonds. There are also letters of credits from
lending institutions. If the letter of
credit expires a request to extend the date is made. That request is not always honored. What should be done in that case? Rick said if there is an expiration date; you
would have to contact the lending institute the letter of credit is from to
extend that date.
Frank
Buczolich asked Frank Nierzwicki what he needs from this body to proceed. There were some suggestions and clarification
discussed for a motion.
A
motion to give the Planning Director and Town Engineer the authority to proceed
with instruction for corrective measures and if the issues are not resolved
within thirty days then it would be turned over to the Council for remedy.
Upon
review of the Director of Planning and the Town Engineer; drainage issues that
have not been corrected within thirty days will be transferred to the Town Council for action.
Frank Buczolich asked Frank Nierzwicki if this was enough to take to
Legal for wording, have checked and brought back to the Plan Commission. Frank Nierzwicki said yes.
It
is the desire of the Commission for Frank Nierzwicki to proceed in this
manner.
Dennis
Williamson so moved. Ed Bitner seconded.
Ed
Bitner remembered Don Calvert bringing the drainage problem up before and he
thought it had been taken care of since it hasn’t been addressed again. Frank Nierzwicki will speak with Don Calvert
in the next few days. It was clarified
the resolution approved by the Plan Commission will not only take care of the
two mentioned incidents but will be
universal.
Russ Ryle requested a written report from Frank Nierzwicki,
Rick Coppock and Jim Ragle because he wanted something in writing so that in
another ten years from now it will not be debated on what was going on. The report would be specifically for Mustang Drive laying this procedure out for the possible model for
solving other problems.
Sandra Hash does not think additional authorization is needed. The Plan Commission approves the plan and if it is not constructed as
show on the plan; that alone should be enough for the Town to enforce the
corrections. The Plan Commission should not have to give our Town Engineer and our
Planner authority to correct a problem.
It should be standard procedure for them to have the authority to
enforce the planning section of the Town Code.
She reiterated Bloomington has a permitting process. The Town should also have a permitting
process then the process would all be documented. The owner, developer and builder would have
to all sign these permits and pass inspections.
Then it would all be resolved and well documented.
Rick
said once the land is certified by a land surveyor or engineer there is a
document stating that. Frank Buczolich
asked if there was a report available on the inspection that was done. Rick Coppock said no and it will be up to the
Town Council to direct that to be done.
Russ Ryle requested, as a citizen, the Plan Commission request the Town
Council request a written report. He
would like a motion the Plan Commission request the Town Council to request a
written report on the status of Mustang Drive.
Sandra
Hash announced there was still an open motion on the floor. A roll call vote was taken: Don Calvert – abstained; Terry Baker – yes; William Evans –
yes; Frank Buczolich – yes; Ed Bitner – yes; Dennis Williamson – yes; Sandra Hash – yes. Motion carried 6-1.
Russ
Ryle has requested the current status of Mustang Drive since he has the original contour. He also requested the approved plan of Mustang Drive and what the DNR approved as the flood plain drainage
plan. Sandra Hash said both of those
plans should be on file at the Recorder’s Office. Only the corrected plats are recorded and not
the plans. Mr. Ryle wants to know what
has been approved and what are we in compliance with. There will be a cost involved in this; cost
in time.
Sandra
Hash made a motion to request the Town Council to produce a written report of a
summary to verify Mustang
Drive
complies with the approved plan. Terry
Baker seconded. Roll call vote
taken: Don Calvert – yes; Terry Baker –
yes; William Evans – yes; Frank Buczolich – yes; Ed Bitner – yes; Dennis
Williamson – yes; Sandra Hash – yes.
Motion carried.
New Business
Early
Childhood/Lifeway Baptist/Chapel Hill Wilderness
Annexation
Frank
Nierzwicki announced
the Town has been approached by the Richland Bean-Blossom School Corporation, Lifeway Baptist Church and the Chapel Hill Wilderness LLC for voluntary
annexation. This is a 100% voluntary
annexation request. The amount of land
in this annexation request is approximately 271 acres, located on the west side
of Ellettsville. The RBBCSC and Lifeway Baptist Church properties are located on the south side of SR 46
while the Chapel Hill properties are located on the north side of SR
46. The Town has a common border with
the proposed area requesting annexation on the south side of the properties.
Chapel Hill Wilderness LLC
parcels, 001-00800-00, 001-00790-00, 001-04400-00, 001-00795-00, 007-18510-01
are being requested to be zoned A-1, General Agricultural. The agricultural zone is consistent with the
farming operations currently in place on these parcels.
The
RBBCSC parcel, 007-18510-02 and Lifeway Baptist Church parcels, 007-18510-00 and 007-31650-00 are being requested as a C-3 zone.
The commercial zone request is consistent of property located along SR
46.
The
Planning Department is recommending Plan Commission approval for the above
mentioned annexation. The Fiscal Plan
and map of the area are included in the packet.
Sandra
spoke with Frank
Nierzwicki on some
changes she would like him to make with the Fiscal Plan. Section 5 on page 10; Financial Requirements
– she would like it to be rephrased to say any
hidden or unforeseen costs for providing service. Ed Bitner said as a church (501 C-3) they do
not pay taxes to the Town; Sandra added they are a tax free entity not a 501
C-3 necessarily. Ed also brought up the
school does not pay taxes either. Frank Nierzwicki said there will be about 245 acres that are not
church or school out of the 271 asking to be annexed at this time. Ed asked if the agricultural land is the one
Smithville Telephone recently purchased.
Frank Nierzwicki answered the request is for agriculture zoning and
any other questions would need to be addressed to the owner of the
property.
Darby McCarty, President and CEO of Smithville Telephone clarified
Smithville Telephone does not own that property; it is owned by Chapel Hill
Wilderness LLC which is a separate entity.
Ed Bitner had a question on page 3 section A “approximately 20.33 of the boundary near
west side SR 46 is contiguous”. Frank Nierzwicki stated 12.5% is the requirement for annexation. Ed’s next question is on page 8 section 4
“non Capital Improvements” section A second paragraph “near west side SR 46 annexation does not require expansion of existing
Police, Fire or Town maintenance area”.
Ed’s understanding is the Town does not take care of anything in that
area. Sandra clarified the Town still
won’t with this annexation. In regards
to snow plowing, it is a State Highway. He then had a
comment about page 9 “based on current
expenditures by the Town’s Fire Department the Town will incur only an
insignificant additional cost to provide adequate service to the near west side
annexation area”. Currently when there is an ambulance run in
the Ellettsville district, there is also a squad. By annexing this in it will increase the fire
run tally, increase the vehicle maintenance and manpower later on. Sandra stated as this land develops the zone
will change, the improvements will change and more revenue would be generated. It was clarified 118 acres are in
Bean-Blossom. Ed questioned the funds
coming out of the General Funds from money moved with Additional Appropriations
and taxes adjusted accordingly. Sandra
explained in order to qualify for Additional Appropriation you have to get
permission from the Department of Local Government Finance and they will not
grant you permission unless you have excess cash balance on hand to cover it. Transfers would reduce the cash you have on
hand which could influence your next year’s tax rate but so far the Town has
had minimal Additional Appropriations.
The only way this would affect next year’s budget is if they realize
this was a recurring expense and they would have to increase the budget by that
amount in future years. This annexation
would make our tax rate grow and spread it amongst more people. There is a tax rate on agriculture
property. The added net assessed
valuation for the proposed area is $154,700.
This is a building block for Ellettsville.
Roger Salyers, Ellettsville Coon Hunters Club received a letter
regarding this annexation. He would like
to know if and how this will affect their club.
They have been there for over 50 years and do not want to be run
off. Frank Nierzwicki explained this will remain in agricultural use with
no change proposed in the use of the land.
When there is a request for change in use it will need to come before
this committee for a rezone in a public meeting. The adjacent property owners would be
notified. Mr. Salyers’ group has
activities once a month six times per year with runs back to Red Hill. Frank Nierzwicki went on to say with different areas of zoning
buffering is required. The owners of this property have no immediate
plans on building homes on this property.
The procedures for building on this property would be: public notice, adjacent property owners would
be notified and a meeting with the Plan Commission.
Don Calvert asked if this was the property the Town Marshal was
concerned about. It was answered yes and
the Ellettsville Police would not be patrolling this area.
Roy Wever, adjacent property owner to the Chapel Hill
Wilderness LLC property asked what the RBBCSC has to do with this and why are
the taxpayers paying the registered letters.
The letters for Chapel Hill Wilderness LLC came from the schools. There was no one from RBBCSC to comment but Frank Nierzwicki said there are three tracts. Darby McCarty stated the tax dollars are not
paying for the letters; the schools were reimbursed for the costs.
William
Evans made a motion that we annex the Early Childhood/Lifeway Baptist/Chapel
Hill Wilderness area also know as the Near West Side SR 46 annexation area and
implement the fiscal plan upon the effective date of the annexation. Terry Baker seconded. A roll call vote was taken: Don Calvert – yes; Terry Baker – yes; William
Evans – yes; Frank Buczolich – yes; Ed Bitner – abstained; Dennis Williamson –
yes; Sandra Hash – yes. Motion passed
6-0-1.
Meadowlands Section Seven Preliminary
Plat
Frank Nierzwicki stated the petitioner is requesting approval of a 28
lot subdivision on 9.51 acres. The
location of this subdivision is south east of the current Meadowlands
subdivision and south of the Overbrook Subdivision.
The proposed subdivision is
very straight forward in nature. There
will be a new road constructed from Meadowlands Drive to the east with two short cul-de-sacs running to the
north. There are sewer and water
connections to this site.
The petitioner will be
required to submit a grading plan before construction can start at this site. The Planning Department recommends
approval.
Rick Coppock, Bynum Fanyo is representing the petitioner who is
Charlie Wright. This is the last piece
of vacant ground in the Meadowlands.
This area is located between Forest View and Overbrook Subdivision. It is your basic single family subdivision
with lots above the minimum lot size required by the Town. Some of the lots are over an acre. The sewer is already put in as part of the
Union Valley Farms subdivision. The
water runs from Meadowlands
Drive. There will be an erosion control plan
approved for the project. Sandra
questioned the map stating Meadowlands Drive and she thought it was Daisy Drive. This question
has come up before and Rick will speak to Mike Cornman about it. Rick went on to say there will be two retention
ponds (storm water quality). Dennis
Williamson asked if the water will flow west because he has a concern with the
drainage. Rick said yes. Dennis sees a drainage issue. Rick pointed out the retention ponds on the
map. There was discussion about the
ponds, creek and water flow.
Frank Buczolich was informed another petitioner had a long drive home
so the Plan Commission will move to another segment of New Business.
O’Reilly Auto Parts – Site Development
Plan
Frank Nierzwicki read the Memorandum:
The
O’Reilly Auto Parts Store of Springfield, Missouri has requested to build a
6,400 sq. ft. store at 5227 W. SR 46.
The location of this site is adjacent to Papa John’s store.
Zoning: The site is Zoned C-3,
consistent with the proposed use at this location.
Parking: The site plan
calls for 25 regular parking spots along with two handicapped parking spots;
all within Town Code.
Landscaping: The site plan calls for two Red Maple trees to be
planted near SR 46 as well as grass planting along the building and near SR
46.
Ingress/Regress: The site plan
calls for a shared drive way with the adjacent property owners. The traffic plan appears to be adequate for
the proposed use. The Indiana Department
of Transportation should also be notified of the use at this location.
Erosion Control: The site plan
will have to be approved by the Town’s Engineer.
Grading Plan: The
petitioner will have to submit a grading plan following approval of the site
plan. The grading plan will be very important
on this site.
Flood Plain Issues: The one area
that may require additional supporting data before site approval concerns the
flood plain issues. The Town Engineer
has requested additional information from the petitioner on this issue.
Final Comments: The
petitioner has done an excellent job in preparing the site plan for Plan
Commission review. The Planning
Department has found the petitioner very willing to supply information for
review as requested.
Recommendation Conditional Approval: Final approval pending Town Engineering review.
David Wagner, O’Reilly Auto Parts representative just received the
calculations for cubic feet fill. It is
his understanding that they will not be able to accommodate what is needed;
only 22k of the 40k cubic feet. O’Reilly
will have to come up with another plan.
They are proposing to make the entire rear side of the property area
retention. He was not aware this area
floods easily and is not sure his office is aware of this either.
Rick
Coppock agreed this
area is in a flood prone/hazard area. He
spoke with their Architects and asked about the drainage calculations. They can not accommodate how much they fill
with how much they cut out. Rick
discussed the Town Ordinance which follows what DNR requires. This does not have a one square mile drainage
area above it so it is not under DNR jurisdiction and will fall back to the
Town. In the past, he has looked at this site and
knew it would be a hard site to develop.
He spoke with O’Reilly’s Engineer a few times and the Surveyor with this
information. They all confirmed it when
they saw it. If the Town approves the
development that goes against DNR regulations they could look at losing their
ability for people to have flood insurance.
It will have to meet the requirement, by increasing the flood plain and
elevation.
Frank
Nierzwicki said
some things can be attempted with this.
They will have to go back and get the numbers to work. Mr. Wagner is not sure where they are with
the property whether purchase is pending or they own it. He does not think they were aware of this
because they do not do soil borings until the property is purchased. At this point Mr. Wagner will have to take
this back to his office and Engineers to look at this property again.
The
O’Reilly Auto Parts Site Development has been tabled.
Meadowlands Section Seven – continued
There
was continued discussion on the drainage and water flow. Charlie Wright will be developing this
property. Dennis Williamson stated the
streets were too straight.
Terry Baker made a motion we approve Meadowlands Section Seven
Preliminary Plat. William Evans seconded. Roll
call vote: Don Calvert – abstained; Terry Baker – yes; William Evans –
yes; Frank Buczolich – yes; Ed Bitner – yes; Dennis Williamson – no; Sandra Hash – yes. Motion carried 5-1-1.
Sign Fee Ordinance
Frank Nierzwicki informed the Plan Commission it has come to the
attention of the Planning Department the “sign fee” portion of the Town
Ordinance had been mistakenly removed this past year. It appears when a revision of the code was
completed, the “sign fee” was removed.
He is requesting for Plan Commission approval of this ordinance change;
reinstate the $50.00 sign fee.
Sandra
Hash made a motion to forward this recommendation to the Town Council to
reinstate our sign permit fee of $50.00.
Terry Baker seconded. Roll call
vote: Don Calvert – yes; Terry Baker –
yes; William Evans – yes; Frank Buczolich – yes; Ed Bitner – no; Dennis
Williamson – yes; Sandra Hash – yes. Motion
carried 6-1.
Planning Department’s Filing Fees and
other charge.
Preliminary Plat $175
Final Plat $ 75
Planned Unit Developments $375
Development Plan Approval $100
Any Rezoning of Property $200
Variances $100
Driveway Permits $ 5
Building Permits $.05 per square foot plus $25 review fee
Grading Permit $100 per acre, maximum amount $500
Public Right-Of-Way
Excavations or Borings: (a) $.75 per square foot for excavating, minimum fee is $75 (b) $.50 per lineal foot
for any boring, minimum $50
Other: Any Planning Department
Review not mentioned above $25.
Sandra requested this information so it will be an
easy reference when people come in to pay the fees. William Evans asked to define the charge for
Public Right of Way Excavations or Borings.
Frank Nierzwicki said “Town Right of Ways”.
Privilege of the Floor – non Agenda
Items
Don Calvert had someone ask him to make a suggestion for a
flashing red light at the Fire Station.
Frank Nierzwicki wrote a letter last year and tried to convince Seymour
District Office of INDOT to install a light or a sign and they said no. The Traffic Engineer thought it would not be
appropriate at that location with the traffic volume. Frank will get a name and telephone
number. It might be a good idea for
other people to call if there is a concern.
Don has another road concern; when traveling east on SR 46 towards Bloomington, the intersection at Arlington and SR 46 is hard to see. There are no lights, at night you can not see
the intersection because it is hidden and it is very hazardous. The residents of the areas off Arlington need to point this out. Dennis Williamson suggests the State put up a
sign with an arrow. Frank Nierzwicki
stated the traffic volume on SR 46 is only going to increase. Frank Nierzwicki will see Bill Williams and
bring this up.
Sandra
received a phone call from a Springs Valley resident who complained about the speeders. There is an increased traffic volume. Meadow Woods residents are cutting through
Woodgate and Springs Valley to get to SR 46.
Adjournment
Ed
Bitner made a motion for the meeting to be adjourned. Terry Baker seconded. Motion carried. Meeting adjourned 9:21 p.m.