April 12, 2007
The
Ellettsville, Indiana Plan Commission met in regular session on Thursday, April
12, 2007, 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. leading the Pledge of Allegiance.
Roll Call: Members
present were Frank Buczolich,
President; Ed Bitner, Vice-President; Terry Baker, Dianna Bastin, Don Calvert
and Dan Swafford. Sandra Hash, Secretary
and Frank Nierzwicki, Director of Planning Services were also present.
Approval of the Minutes
Terry
Baker made a motion to approve the minutes of the March 1, 2007 meeting. Ed
Bitner seconded. Motion carried.
There was a 10 minute recess to look
over information that was just received
New Business
Request for a new commercial building
next to the professional medical building on West State
Road 46
Frank Nierzwicki, Director of Planning Services announced the address
for the new commercial building is 5930, 5932 and 5934 West State Road 46 located
next to Ellettsville Family Practice/Southern Indiana Pediatrics office. The proposed building is one floor and would
be next to the future Bloomington-Ellettsville walking-biking trail. The petitioner needs to include a landscaping
plan and a plan for a sidewalk extension from State Road 46 to the office site
before Council approval. The Town
Engineer also reviewed the proposal and he submitted his comments to Director
of Planning Services. The proposed office space is consistent with
the Comprehensive Plan and should be approved by the Plan Commission. Frank Nierzwicki went on to read the comments
from the Town Engineer.
Plan Review: The proposed building is a one story 3,000
square foot building. The property,
where the building is to be located is less than one acre in size and will not
require an IDEM erosion control permit.
The developer will be required to submit a grading and erosion control
plan to the Town prior to receiving a grading permit. The parking requirements for this petition
are one space for every 300 square foot of building or 10 spaces. The site as designed has 14 parking
spaces. Street trees will be required
along the public street. Any trash
receptacle areas will have to been enclosed per the Town Code. Water services will be provided by the Town
of Ellettsville. Sanitary sewer service will be provided by
the Eastern Richland Sewer Corporation.
Frank
Nierzwicki also received a letter, elevation and site plans from the petitioner. This area is very compact and there is no
wasted space. This building is
consistent with the Comprehensive Plan having professional services adjacent to
this site. It is located on a town
street with access to State Road 46. The
petitioner has requested a small side extension sidewalk to the building.
Kenny
Williams,
representing K & J Enterprises, LLC with John Burks is petitioning to
develop this property. The lot is closer
to half an acre and they intend to put a building in similar to the doctors’
office presently there. Mr. Williams
noted the plans show the building with vinyl siding in the back but clarified
the building will be brick all the way around.
He also stated when the proposed rail to trails is complete, they may be
agreeable to allow people to park there while using the trail. The building will house three separate
offices consisting of 1,000 square foot each.
Edward Jones will be located in the middle, which is his business. He is hoping to have lawyers, CPAs or medical
businesses in the other two locations.
Don Calvert asked about the drainage because the land slopes down when
entering that area. Mr. Williams replied
there is a sewer easement in the back and should drain the correct way. Frank Nierzwicki went on to say a grading permit will be required which
will address the drainage issue. Sandra
explained an IDEM permit was not required meaning they are not in a flood zone. Ed Bitner asked about the outside
lighting. Mr. Williams explained all the
signage was on the building with some lights on the building but they have not
thought about the lighting around the streets.
He requested a signage package be approved at a later time. His plan is to have the signage on the building
instead of on the highway. Dan Swafford asked about the parking lot on the setback. Frank Nierzwicki explained the setbacks are an issue with the
buildings more than with the parking spaces.
They will have four more spaces than required by code. He explained the setback rule is for
permanent buildings; not having garages or homes over the setback line. A non-structure like a parking lot is not a
problem. Dan asked about curbs and
sidewalks. Frank Nierzwicki said curbs and sidewalks are not considered permanent
structures. The sidewalk would be
minimal from the State Highway 46 sidewalk system across the parking lot into
the site. There will be landscaping
issues worked out before final approval by Town Council. Dan Swafford asked
what the zoning was on this property. Frank Nierzwicki answered C-3 along the highway east. Ed Bitner questioned the north corner of the
building; will the drive be too narrow for two to go through. Mr. Williams said there should not be any
danger because it will be a parking lot that will not have a lot of
traffic. He does not feel it is going to
be as close to the building as the plans show.
Frank Nierzwicki explained there is actually a sidewalk around the
area he is asking about and not a double drive.
Frank Nierzwicki went on to say a site plan approval would be
contingent on submitting a sidewalk and landscape plan before Town Council consideration.
Don Calvert asked if the trail ownership will be a problem; who owns it
and will it be allowed to be developed into a trail. Mr. Williams has no problem with the
trail. The lot he purchased does not go
all the way back to the railroad tracks.
He has no problem with the area becoming a walking trail and it will not
hurt the exposure of his business. He
will be bricking the backside of his building so it too will look nice. Frank Nierzwicki explained the building will have good exposure from the
trail. The Town can be flexible with the signage because the lot is triangular
in shape. Dianna Bastin complimented the
petitioner on his use of space. It looks
like it will be easily accessible with any type of vehicle.
Sandra
Hash made a motion to approve the request for a new commercial building next to
the professional medical building on West State Road 46 contingent to
submission of a sidewalk and landscape plan.
Terry Baker seconded. Roll call
vote: Don Calvert – yes; Terry Baker –
yes; Frank Buczolich – yes; Ed Bitner – yes; Dan Swafford – yes; Dianna Bastin
– yes; Sandra Hash – yes. Motion
carried.
Old Business
Early Childhood/Lifeway Baptist/Chapel Hill Annexation
(correction)
Frank Nierzwicki explained it has come to the attention of the Planning
Department the Near West Side State Road 46 annexation that was approved by
Town Council on November 13, 2007 requires further action by the Plan
Commission. The legal description of the
property was in error. A corrected legal
description was given to the Plan Commission.
Upon review and approval of the Plan Commission the annexation request
will go to the Town Council for final approval.
Mike Spencer, Town Attorney, submitted the ordinance amending ordinance
06-20 correcting the error in the legal description of the property. It was also clarified the legal name for Chapel Hill is Chapel Hill Wilderness, LLC; the official corporation name.
Ed
Bitner asked if this property is “on the chain line of Smithville Phone
Company”. Frank Nierzwicki said yes. Ed
Bitner questioned a large portion of this property being in Bean Blossom Township can we annex this in.
Frank Nierzwicki answered 112 acres is in Bean Blossom Township and yes it can be annexed. Monroe County and the City of Bloomington
have many townships. The courthouse
questioned Frank
Nierzwicki and he
explained how this could be done and the different taxing units. Sandra further explained Bean Blossom will
still get their Township tax except for the fire protection which we will
assume the fire protection of this land.
The land will not have to pay the Bean Blossom fire protection. They will pay Ellettsville Town Tax. Frank Nierzwicki spoke with the Fire Department who already assists
one mile north into Bean Blossom Township. Ed Bitner
asked what happens when they improve this land later on in the 124 acre
portion, will Bean Blossom get the taxes on the improvements? Frank Nierzwicki said no that will be in the Town of Ellettsville. There was
discussion about who would get which taxes and Sandra clarified if the land is
improved there will be an assessed valuation; the assessment will include the
land and the structure. They will pay
Bean Blossom tax on the land and the structure.
Then they will pay the Town tax on top of that. We will not be taking anything away from Bean
Blossom except the fire protection. Sandra
Hash made a motion to approve the Early Childhood/Lifeway Baptist/Chapel Hill
annexation as corrected. Terry Baker seconded. Don
Calvert – yes; Terry
Baker – yes; Frank Buczolich – yes; Ed Bitner – no; Dan Swafford – yes; Dianna Bastin – yes; Sandra Hash – yes. Motion carried 6-1.
Parking Report
Frank Nierzwicki has received information a property on Cannon Court in Greenbrier Knolls Subdivision has installed a
gravel driveway. The Plan Commission was
given photos of this. The Planning
Department does not have a driveway permit on record for this property. He will follow up with the property
owner. The real issue may be larger than
just the lack of a driveway permit. The
Town Code allows a gravel driveway extension except for (Town Code 152.220 (9))
“new driveways intersecting street that are hard surface must have a surface
apron made of concrete, asphalt or pavers back into the lot from the street at
least ten feet”. This is the first time
the Planning Department has seen a gravel driveway extension in a “new”
subdivision. It is the staffs reading of
the code that a hard-surfaced driveway is required in the Greenbrier Knolls
Subdivision. Is this interpretation
consistent with the Plan Commission intent?
Frank Nierzwicki explained he was not here when this was put
together. From reading background
information; the idea for the gravel extension was in older neighborhoods that
did not have space for other types of extensions; gravel and pavers were
allowed but he does not know if the intent was for the newer subdivisions.
Frank
Buczolich does not recall there being a difference between the older and newer
additions. He recalls a very lengthy discussion that
anything up against the street had to be a hard surface. After much discussion there was not going to
be a difference between old and new, it would be for all. If there is gravel, there would have to be a
hard surface from the street 10 feet in to keep the sidewalk from being broken
down. The Town Code was reviewed and
read in its entirety by Sandra Hash starting with section (8). It was verified there is a width requirement
maximum 26 feet wide. Ed Bitner
questioned “if the Planner allows gravel to the hard surface street; can you
drive over a sidewalk”? Sandra read from
the Code book under “Parking Regulations”; all vehicles shall be parked
according to the guidelines painted upon either the pavement or curbing and no
vehicle shall be parked on that area located between the sidewalk and the Town Street or State highway.
There was continued discussion and review of the Cannon Court photos.
There
were questions and discussions from the audience regarding future driveway
additions and what should be done. Frank
Nierzwicki stated if anyone comes in for a driveway permit with a plan using
gravel first and then come back to add concrete he would request a date for the
concrete.
The
discussion went back to the house on Cannon Court. How will the
Town get this resident to be in compliance?
Frank Nierzwicki will approach him and try to negotiate a solution. He will follow the process of enforcement
including fines.
Don Fisher spoke from the audience and not at the podium. He spoke about the past planner’s attempt to
alleviate parking problems. Don
questioned the “new and the old”. Frank
Nierzwicki explained if there is a concrete or hard surface driveway it needs to
come out from the street 10 feet and can only be 26 feet wide at the
mouth. Don is not against the people
coming into town; the town has set rules and the new residences should follow
them. Don continued to talk on this
subject from the audience and could not be heard on the recording.
Frank Nierzwicki made up packets for the new Plan Commission members on Ellettsville parking, tickets and zones
including memos, minutes and follow up meetings. He went over Parking Code Enforcement. Sandra stated the Plan Commission voted to send a resolution for Parking Zones and
Enforcement as read but no resolution ever went to the Council. Frank Nierzwicki will work with the Plan Commission, Town
Council and citizens on
this issue. Sandra reiterated the Plan Commission has already voted and agreed on this resolution (she
read in its entirety). The resolution
was never written up and sent to Town Council
because it was noted the Town
Council President, at
that time, stated he would not sign anything that was complaint driven. Sandra read the section of the minutes, May 11, 2006, that stated after all discussion a motion was made
to generate a resolution. The Plan Commission tried to comply but it was not moved forward to the Town Council. Frank Nierzwicki will try again.
Don Calvert asked if we should approach the new Town Council with the request. Will we accept “complaint driven”
issues? The issue tonight regarding Cannon Court was “complaint driven”. There was continued discussion on parking
issues. Frank Nierzwicki will work with Mike Spencer, using the language that
was presented last year, and put together an ordinance before the May Plan Commission meeting.
Rezoning of New Redevelopment Area
(Vine/Main/Temperance Streets)
Frank Nierzwicki explained the Redevelopment Commission is looking at a
Redevelopment Area. The area they are
looking at is between the one way pairs and two parcels away from Main
and Temperance including some areas to the east behind Peoples State Bank. According to Indiana Code, the Redevelopment
Commission establishes an area for redevelopment. It then goes to the Plan Commission to see if
the zoning is consistent with the uses in the projected Redevelopment area. This is an opportunity for the Plan
Commission to rezone areas within the Redevelopment area. He went on to explain the procedure and open
it up for discussion. He is proposing to
change the current R-1, C-3, I-1 and I-2 all to C-2. The zoning change would allow for the
redevelopment area to change the area to a professional, recreational and small
business center. The proposed zoning
change would not force current business or residential uses to change. These uses would be “grandfathered” and
remain the same. All current commercial
and residential individuals were sent letters to let them know they could be
rezoned. There will be a public hearing
for the proposed zoning changes scheduled for the May Plan Commission
meeting. Ed Bitner has a conflict of
interest in this; he would like a vote because it affects his property. Not all of his property was listed on the map
presented for the Redevelopment area but he would like all of it included. Frank Nierzwicki does not see a problem in
including Ed’s two other parcels. This
Redevelopment Area is going to benefit the Town. There are many people who are nervous about
this and who do not understand how this will work. Frank Nierzwicki is being careful about
getting information out to the public, have notices and discussions. People are not going to be booted out of
their property. The Town is trying to
remake and redevelop that area to make it more useful. Ed Bitner questioned the houses along Main Street; what happens when someone wants to sell? Can a house
be sold as a “resident”? Sandra Hash
reiterated you can still have “a house” in a commercial zone. Ed went to courthouse and asked about his
taxes. The courthouse explained to him
“if you are a resident and rezoned into commercial property; as long as you are
still using it as a residence, taxes will not change”. Frank Nierzwicki explained “with an R zoning
in a C-2; you can have a house with no problem. An Industrial or C-3 zoning would not be
consistent to what they want to do”. There was a discussion about a property that
paid to be a C-3 and will this be down graded.
Frank Nierzwicki will look in to this.
If the Plan Commission would like for Frank Nierzwicki to move forward
with the Redevelopment Area he will send letters to the residences that are
highlighted on the map to invite them the public hearing in May.
There
was a discussion about how the public hearing would be held. Russ Ryle asked why the rush to have all this
done by the next meeting? Frank
Nierzwicki stated there are some Redevelopment Commissioner members that have not
seen any progress and if this continues to be delayed, nothing will ever get
done.
Russ
Ryle suggested having a separate public meeting before bringing it to a Plan
Commission meeting. He then suggested a
first class mailing be sent to the residents inviting them to a meeting to show
them what the Town has planned for rezoning and get their input. A workshop will be planned for the area
affected. The next Redevelopment Commission
meeting will be held Thursday, April 19 at 7:00 p.m.
Frank
Nierzwicki announced his intern will be leaving April 26 for a job in Kansas City and he will need extra help with the technical maps
and other things. He can work with the
Fire Department and others on this.
Frank Nierzwicki will need to define the area considered for
Redevelopment so there is a starting point for the workshop. It would be a good idea to have two
representatives from the Redevelopment Commission and the Plan Commission
attend this workshop. Terry Baker and
Dan Swafford volunteered to represent the Plan Commission.
Ellettsville Comprehensive
Plan/Thoroughfare Update
Frank Nierzwicki presented a Comprehensive Plan. The intern typed it into the computer, edited
it for grammar but did not make any changes to the content. The results of the 2006 Residential Survey
and the Thoroughfare Plan will be added.
The Plan Commission will need to review and approve the final
draft. Frank Nierzwicki received from
Rick Coppock cross sections of principle and minor arterials, major and minor
collectors, local roads and streets.
This is a starting point for new roads and streets. He went on to explain some ideas. Frank Nierzwicki stated there is a
reimbursement available on this from the MPO and it needs to be done before the
end of June.
Privilege of the Floor – non Agenda
Items
Russ Ryle requested the street be improved on Mustang Drive with the new Town Council. Frank Nierzwicki said this is being worked on
with cost estimates on asphalt. He can
not promise this be will done by May.
Russ Ryle is more interested in progress than hard dates. He is also collecting data; looking at
statistics and historical maps showing the growth of Ellettsville. The population in Ellettsville could grow to
20,000 people in the next ten years.
Russ Ryle went on to say the only way to mitigate the impact of taxes on
residential property is by having equal value of commercial.
Ed Bitner received a complaint about a road in the Meadowlands
new addition. Frank Nierzwicki stated it
is a “logging” road but it is platted to be straight.
Adjournment
Ed
Bitner made a motion for the meeting to be adjourned. Dan Swafford seconded. Motion carried. Meeting adjourned 9:16 p.m.