December 6, 2007
The
Ellettsville, Indiana Plan Commission met in regular session on Thursday,
December 6, 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. Frank Nierzwicki, Director
of Planning Services was also present. Sandra
Hash, Secretary was absent.
Approval of the Minutes
Dan
Swafford made a motion that we approve the minutes of November 1, 2007
meeting. Terry Baker seconded. Motion carried.
Frank
Buczolich announced some items on the agenda would be rearranged for expediency
starting with the Proposed Zoning Changes.
Frank Nierzwicki stated he received a number of calls regarding issues
with notices being mailed to the correct addresses. He requested this topic be tabled until the
next meeting, January 10, 2008. Questions and
comments will still be taken this evening.
Proposed Zoning Changes within
Ellettsville Redevelopment Area
Dan Boland, resident on Association Street and owner of the property located at 430 W. Vine Street. The building
is a large automobile garage; it is part of the history of downtown
Ellettsville and has always been an automobile garage. He has been negotiating the sale of this
property for some time. On November 28th
he entered into an agreement that would sell the property. The real value of this property lies with the
C-3 designation. The bricks and mortar
of the real estate are not worth the money; as C-3 footage it is more
valuable. This would cause a
considerable financial burden if the sale is not “grandfathered” or if it were agreed
it was predicated before Mr. Boland was aware of this meeting or this issue. He looks forward to gaining more information
and working with Frank Nierzwicki and the board in anyway to move forward.
Frank
Buczolich clarified discussion can only be on the properties and the issues at
hand. There will be no action taken on
this issue. It is postponed until the
January 10th meeting.
Bob Sowder requested an explanation of the zones. Frank Nierzwicki explained the most restrictive zoning is Residential. Commercial
is the next level and then up to Industrial.
The higher up the zoning goes, the less control and more uses. The reason for residential is to not mix
business with where people live. C-2
classification is “Tourism” which allows businesses and professional offices
together. The Redevelopment Commission
has been discussing this for a year now.
Using the overhead projector, Frank Nierzwicki pointed out the different zoning and color codes in
the proposed Redevelopment area. The Redevelopment Commission is trying to have
a downtown “district”. Different uses
may not be compatible with what they would like to see downtown. They are trying to get the downtown area
consistent. There is an I-2 zone that
would like to “grandfather”. The
Redevelopment Commission is aware of the concerns people have with their
current business. They are not trying to
make any one change their present use but will work with people in
transition. Frank Nierzwicki stated: R-1 is
a single family residential, R-2 is dual and R-3 is multi-family. Commercial zones are: C-1 is neighborhood shopping district, C-2 is
a tourism district and C-3 is general commercial district. He also outlined the Agriculture and
Industrial zones. Dianna will get a copy
of the zones to Mr. Sowder.
Lynn Johnson has a small rental property at 406 W. Vine Street and asked if there is any interest in purchasing the
property in the future that we should know about. Frank Nierzwicki does not have any developer interested
in all this property. It is hard to
develop this with all the different types of zoning. The Historic Society is concerned about
losing historic homes in the area.
Dianna
Bastin made a motion that we postpone until 1/10/08 the zoning changes within the Ellettsville
Redevelopment Area. Terry Baker
seconded. Roll call vote: Frank Buczolich - yes; Ed Bitner – yes; Terry
Baker – yes; Dianna Bastin – yes; Don Calvert – yes and Dan Swafford. Motion
carried 6-0
Old Business
Plan
Commission Meeting Format Change
Frank
Nierzwicki presented
the third version of this document. The
reason for the document is to have a more streamlined and productive meeting
between the public and Commission. Frank Nierzwicki attached comments received on-line by Ed and Sandra. Most of the changes requested were made
except the one Ed Bitner made regarding the running of the election at the
beginning of the year. Frank Nierzwicki reviewed some of the changes that were made. The word “Council” is replaced by
“Commission”. The person seconding the
motion will be added to the minutes. Ed
Bitner still has concerns over “who” should run the election of officers at the
first meeting of the year. The ladder of
succession should not be turned over and all present offices should take
precedence. Ed referred to Section 6
Quorum; the word elected was changed
to appointed. He would like to see the succession of
officers follow protocol but if for some reason all three appointed positions
are gone, it would be Frank
Nierzwicki to conduct
the election of officers. Dianna Bastin
commented it seems more formal that the Director of Planning Services presides
over the election of officers.
Dianna
Bastin made the first motion that we leave the legislative procedures, election
of officers, as written on the first document the Director of Planning Services
shall preside over the election. Terry
Baker seconded. Roll call vote: Frank Buczolich – yes; Ed Bitner – no; Terry
Baker – yes; Dianna Bastin – yes; Don Calvert – yes; Dan Swafford – yes. Motion carried 5-1.
Dianna
Bastin made a motion that we adopt the Planning Commission Legislative
Procedures as written, first document.
Terry Baker seconded. Roll call
vote: Frank Buczolich – yes; Ed Bitner –
no; Terry Baker – yes; Dianna Bastin – yes; Don Calvert – yes; Dan Swafford –
yes. Motion carried 5-1.
Trinity Lutheran Church relocation
request at 501 Temperance Street
Frank Nierzwicki explained the Trinity Lutheran Church would like to relocate to 501 Temperance Street. Frank has been
in contact with Rick Coppock and with the church. The concerns brought up with the last request
have been approved; preliminary grading permit and entrance plan. The Planning Department recommends this for
approval. The church has an acceptable
grading permit.
Dianna
Bastin moved that we approve the Trinity Lutheran Church relocation request at 501 Temperance Street. Dan Swafford
seconded. Roll call vote: Frank Buczolich – yes; Ed Bitner – yes; Terry
Baker – yes; Dianna Bastin – yes; Don Calvert – yes; Dan Swafford – yes. Motion carried 6-0.
New Business
Request for Voluntary annexation of
approximately 40 acres at 4011 W.
Lost Mans Lane
Frank
Nierzwicki presented
a request for approximately 40 acres to be annexed into the town. This is the second part of the annexation
with the first part annexed in the fall.
The property is located adjacent to the Arbors at Woodgate and north of
Highland Park Estates bordering the south of Lost Mans Lane. The land,
once zoned, would be zoned R-1 single family and AG-1. There is public water and sewer available
on-site. Any reconstruction or
additional building will require inspection by the Town Engineer and the
Director of Planning Services. A
grading permit will be required when and if the site is developed. There is no financial cost to the town to annex
this parcel. The total assessed
valuation of this parcel is approximately $109, 400. The Planning Staff recommends approval. Rick Coppock with Bynum Fanyo stated there are no plans to do
anything with this property. The reason
for the Agriculture zoning is because the owner has a dog business where they
raise and train dogs. Dianna Bastin
stated the dog kennel has been there for years.
Don
Calvert asked who protects and serves the area now. Rick answered the County Sheriff. Don Calvert
clarified the County will take care of the property for a year before the Town
takes over. Rick stated the maps will be
updated and the Police Department will be notified; State law requires services
provided within one year. Frank Nierzwicki does not see this as an issue to provide services
because it is an open field. Dianna
stated the property lies within a “fringe area” off of Union Valley.
David
Hinesen, resident of Woodgate which is a Bloomington address, asked why this area east of him is in
Ellettsville and not Bloomington. Ellettsville
will be on the east and west of Woodgate.
Frank Nierzwicki stated “yes it is kind of complicated”. He went on to explain the Fire Department is
in Ellettsville but has a Bloomington
address. Frank Nierzwicki further explained the annexation using Power
Point. Annexation will not change the
postal address and as the area is developed, it will remain a Bloomington address. He
explained the history “when the railroad tracks were here, anything north and
east would have a Bloomington address and anything west and south would have an
Ellettsville address. There are no plans
for development at this time. The owner
of the property is requesting 100% voluntary annexation.
Frank
Nierzwicki introduced the new Monroe County Planning Director, Gregg Zody. As a planner, Greg meets with Frank
Nierzwicki and the City of Bloomington
once a month for coordination. He
pointed out on the map immediately to east is Binford Woods with 5 acre lots. This is where the county begins. To the east is Murfield Development and north
side is Eagles Nest with one acre lots.
Everyone has a shared interest in maintaining a good, safe public
infrastructure for our communities.
Darlyne
Sowder, Ellettsville resident, inquired about the boundary with the proposed
annexation. Frank Nierzwicki showed the
contiguous boundary using Power Point.
Ed
Bitner asked for an explanation on Section 7 Recommendations and Summary “the Town will provide the services of a
capital improvement nature related to the annexation as described in the plan
within three years of the effective date of annexation”. Rick Coppock explained the paragraph is written to comply with the
state law. An annexed area has three
years to comply with the town laws for example if the newly annexed area has 16
foot roads and they are now in a town that requires 24 foot, they have three
years to comply. This paragraph would
not come into play when vacant land is annexed.
Dianna
Bastin made a motion that we accept the request for voluntary annexation of
approximately 40 acres at 4011 West Lost Mans Lane. Ed Bitner
seconded. Roll call vote: Frank Buczolich – yes; Ed Bitner – yes; Terry
Baker – yes; Dianna Bastin – yes; Don Calvert – yes; Dan Swafford – yes. Motion carried 6-0.
Request for new communication tower on West State
Road 46 (Chapel Hill Wilderness
LLC) petitioner – Smithville Telephone
Frank Nierzwicki presented a request from Smithville Telephone Company to
erect a wireless communication facility on the property located north of State
Road 46. Micah Austin, Planning
Department intern explained where the property is located using Google
Earth. Frank Nierzwicki took over and pointed out
where the facility would be located. The
requirement for having a tower is separation from adjacent property
owners. There are a number of
applications required. Frank Nierzwicki
met with Smithville this week and found out the application is not complete at
this time but they would like to discuss their plans at a later date with a
January approval.
Don
Calvert asked what the tower height and other measurements are. Frank Nierzwicki explained lighting is required for towers over 199
feet. This tower would be a 195 feet
high wireless facility with a small building associated with it. The access road would be from State Road 46
along the fence line. The closest
property meets the prescribed distance requirements. Smithville is following all proper procedures
and code with this.
Ed
Bitner made a motion we will postpone this particular item for Smithville
telephone Company Wireless Communication facility until the January 10th
meeting. Terry Baker seconded. Roll call vote: Frank Buczolich – yes; Ed
Bitner – yes; Terry Baker – yes; Dianna Bastin – yes; Don Calvert – yes; Dan Swafford – yes. Motion
carried 6-0.
Request to replat four lots in Litten
Estates
Frank
Nierzwicki stated
the petitioner Brian Hearne would like to replat four lots and eliminate one in
Litten Estates and make the remaining lots larger. Brian Hearne with Hearne Development explained the purpose of the replat is to
dissolve Lot #11 (quarter acre lot) and
put it into Lot #10, #12 and #13 making them larger and more attractive lots. Ed Bitner clarified all three lots would be
increased.
Ed
Bitner made a motion we replat Litten Estates concerning Lots #10, #11, #12 and
#13 removing Lot #11 as platted.
Dianna Bastin seconded. Roll call
vote: Frank Buczolich – yes; Ed Bitner –
yes; Terry Baker – yes; Dianna Bastin – yes; Don Calvert – yes; Dan Swafford – yes. Motion
carried 6-0.
Tentative Schedule of Plan Commission
Meeting in 2008
Frank Nierzwicki presented the tentative schedule for 2008. The first meeting will be January 10th
because there was an issue with the holidays and vacations. There will be twelve meetings this year with
the July meeting being held the second week.
Terry
Baker made a motion to approve the meeting schedule. Ed Bitner seconded. Roll call vote: Frank Buczolich – yes; Ed Bitner – yes; Terry
Baker – yes; Dianna Bastin – yes; Don Calvert – yes; Dan Swafford – yes. Motion carried 6-0.
Planning Staff Comments
Black Signs: The
owner of the Black Signs gave a presentation and the Planning Department
reviewed it. Frank Nierzwicki and Connie will be writing violations letters for all
illegal and mobile signs. The Letters
will be sent before Christmas. Frank is
willing to meet with the public in January to discuss signs. Dianna Bastin commented the Town cannot be
responsible for damage to the signs from snow plows since they sit so close to
the road.
Goat Issue: December 14,
2007 at 7 p.m. the BZA will be hearing the case.
New Office: The
Planning Department has been looking for new office space. They are inching closer to being located in
the Street Department.
Community Development Planner Position: Frank has
been working on a number of grants. They
were awarded $250,000 with the Richland Bean Blossom School Corporation on a
sidewalk grant. He is currently working
on a $50,000 grant. With the success of
the grants, a position will need to be grant funded. This position will work on grants for the
Planning Department and other Town Departments.
This position would act as a liaison between Planning and the School
Corporation with an educational process program. Ed Bitner asked if the grants “quit” will the
position removed? Frank Nierzwicki
stated “if the funding runs out the position would probably disappear”.
Privilege of the Floor – non Agenda
Items
Ed Bitner stated he has been on the Plan Commission for the last
four years. His seat comes up for
reappointment in January and he will not be seeking the position. Ed Bitner will resign as of December 31,
2007 from the Plan
Commission. He is willing to fill the
seat until someone is appointed but is not going for the appointed seat.
Dianna Bastin has been speaking with Fred Baugh concerning the “Capitol Avenue ordeal”. The
Sims gave the residents an agreement (with glitches and the language was not
exact). The agreement came after Dianna,
Mr. Baugh, Mr. Coppock, Frank
Nierzwicki and Bernie Guerrettaz were speaking outside one day. The agreement was sent to Fred Baugh and sent
to Frank Nierzwicki with the changes.
Dianna spoke to Frank and he will get the agreement back to the
Sims. It looks as though this will be
taken care of. Dianna apologized for
taking so long and thanked Frank
Nierzwicki for being
“the runner”.
Adjournment
Frank
Buczolich entertained a motion to adjourn.
Ed Bitner so moved. Dianna Bastin
seconded. Meeting adjourned at 8:07 p.m. Next meeting
will be January 10, 2008.