The Ellettsville, Indiana Plan Commission met in
regular session on
Roll Call: Members present were: President, Terry Baker; Vice President, Sandra
Hash; Don Calvert, Ron Wayt, Dan Swafford, Phill Smith, Frank Nierzwicki and Connie
Griffin.
Members Absent: Frank Buczolich
Approval of the Minutes-
Dan Swafford,
I make a motion to approve of the
Terry Baker,
Terry asked the commissioners if any of them have any conflict of interest on
any items listed on the agenda for this evenings meeting. No conflicts of interest were stated by Plan
Commission members.
New Business
Request for Voluntary Annexation of approximately 2.95
acres at 7490 and 7502 W. SR 46 Garreth and Ann Blackwell petitioners-
Frank Nierzwicki- The director requests approval for the voluntary annexation, the land,
once annexed would be zoned C-3. There would
not be an added financial cost to the Town to annex the property, all town
services are provided at this location.
Any additional development costs would be the responsibility of the
developer. Assessed evaluation is
$182,800. The development review meeting
was held on
Terry Baker-
I would entertain a motion for a voluntary annexation of 7490 and 7502 W. SR 46
West, in
Roll Call:
Terry Baker-yes
Sandra Hash-yes
Don Calvert-yes
Phill Smith-came in late and missed this vote.
Dan Swafford-yes
Ron Wayt-yes
Frank Buczolich-absent
Sandra Hash- When
will the fiscal plan and legal be done for the Town Council?
Frank Nierzwicki- I should have that ready for the
Sandra Hash-
The annexation won't be recognized this year, but will go on the tax roll
Terry Baker-
back to old business, satellite dish revision.
Satellite Dish Code Revision
Connie Griffin- I propose the title to be changed from Wireless Communication
Facilities to reflect the additions to the updates to the code. The new title would be Antennas, Amateur
Radio Facilities, Satellite Dishes and Wireless Service Facilities.
The new additions throughout the code will reflect the
title change to antennas, amateur radio facilities, satellite dishes; wireless
communication facilities is all that is mentioned in code.
This was the most complicated code to date. Our code didn't have an application process
for satellite dishes, so this new code will add that process into the Town
code. I looked at the City of
The set back requirements and the location of
placement are better defined and the process has been streamlined. I would like to get your comments on the
section of painting the face of a satellite dish. The codes that I reviewed prohibited signage
or logos to be placed on satellite dishes.
Plan Commission Comments-
·
No signage on the
dish, we don't know what would go on the dish and it blends better into the
surroundings without signage or logos.
·
Advertising that
could be placed on the satellite dish, it could be treated like a billboard.
·
The setbacks make
it apparent as to where it should be located.
·
Fines need to be
per day after the abatement day has been established.
·
This code
corrects what was in error with previous code.
·
This code
excludes amateur radio facilities.
·
Let's go ahead
and move forward; everything looks good.
Connie Griffin- There is also the addition of landscaping, that wouldn't prohibit the
satellites line of site that has been added to the proposed code changes. The application fees have not been set at
this time, as well as fines, so the ordinance violations will be added.
Dan Swafford-
I make the motion we approve the satellite revisions for chapter 152.235. Ron Wayt seconded the motion.
Russ Ryle-
Stated concerns about amateur radio operators.
Terry Baker- Roll Call Vote:
Terry Baker-yes
Sandra Hash-yes
Don Calvert-yes
Phill Smith-yes
Dan Swafford-yes
Ron Wayt-yes
Frank Buczolich-absent
Connie
I have submitted this sign code change to Jim Ragle
and Tony Bowlen for their comments. I
would like to add the right of way and easements as a violation for placement
of signs, and the Planning Department would be in charge of the sign
application and placement of signage, and strike that as a duty of the Town
Council, since the Planning Dept. handles all other signage. And add the condition of the sign, if in a
state of decline would be considered a public nuisance and can be removed, and
the Dept. of Planning has been added to assist the Police Dept.
Dan Swafford
would like to see LED signs researched; since technology has improved and they
are attractive we should consider adding a section of electronic reader signs
to our code. The newer signs are not as
bright and not a traffic hazard. They
can give a lot of information out to people that drive past them. We could have something about light pollution
added to the code. They are expensive,
so I don't see a lot of these locating into our town.
Don Calvert- I
think we need to be concerned about the choice of color, because north of here
there is an LED sign and it flashes red and blue and from a distance it looks
like it could be an emergency vehicle.
Connie Griffin - Chapter 152 Sign Code
Banners are used in multiple ways and are in rigid
frames or they are above the ground between posts on lines. This is the new definition:
BANNER signs are made of
lightweight fabric, plastic or similar material, which is not more than nine
square feet in sign face area and which is mounted flush on a building in a
rigid frame or is a freestanding sign in a frame. Banner signs not in a rigid frame shall be
displayed between two points by use of ropes or lines near the ground or
mounted flush on a building. If the condition of the banner becomes unsightly,
torn, faded or in the process of decline, the sign shall be considered a public
nuisance or litter and will be subject to a fine.
This definition will assist new businesses. If the
banners are framed you can't tell the post haven't been painted. They look nice and they can change them
easier; this is very pro business.
Plan
Commission Concerns-
·
Is
there any limitation on where these banners can be placed and the number of
signs they can display?
·
Most
businesses will want their signage to look good, but we run the chance of
having someone come in that doesn't care about the way it looks or
Ellettsville.
·
Restrict
the number of signs on the business property.
It should be on the business premise.
·
There
has to be some form of restriction, we have a limit of 80 square feet of
signage that can be used on a building.
·
Size
·
Seeing
the new code changes put in the paper once we are through with these
changes.
Connie Griffin - In new code coming up, we will have a review process and this will help
determine the design and the location.
We have gone back and forth about the number of signs that we will let
people display. If a banner is displayed or hung with ropes, between two
points, then we could limit the number of these signs because they are
temporary.
Terry Baker believes
most of the businesses will want the signs to look good. There will be someone who doesn’t care and
then what? Dan suggested restricting
signs to business property only.
Dan Swafford
asked about the hanging signs between columns that are attached to the
building. Ron stated the columns would
be allowed. Phill Smith suggested being
able to govern signs depending on the building square footage.
Connie Griffin - Non-Commercial signs
Political signs were removed but the Non-Commercial
sign will allow people to express an opinion or point of view. Non-Commercial signs come with a conditional
statement to help the Town get rid of Political signs if they become trash,
public nuisances or litter.
Under “Temporary Signs” Connie would like to
add the statement regarding the condition of the sign and this will stay
consistent throughout. “Political
Signs” would be stricken. “Special
Occasion Signs” would have an addition; “signage shall not be placed in
locations as to deter clear vision areas at street or highway intersections or
drives”.
Sandra Hash would
like to have the sign changes posted in the paper.
Connie would like to add “Special Promotion
Inflatable Wind Banners”. Example of
these would be large balloons, gorillas, etc.
The Town should allow people to have these types of banners for fourteen
consecutive days, four times a year and a $25 permit fees to help monitor the
dates. The code will control the
location of these types of banners.
Connie suggested businesses with these types of banners have liability
insurance. She will research this
further.
Russ Ryle
asked about “General Regulations”; separation from the street, Indiana Law
restricts signage from an area of an intersection. Should the Town state something regarding
intersection clearance that would be a “blanket statement”?
Connie went over “Exempt Signs”. The terms “public school, time and
temperature” were added. Connie will
research Section 152.259 Prohibited Signs (C) “permanent or free standing signs
which have moving or rotating parts” and (E).
Terry Baker went
back to “General Regulations” and clarified that Section (D) should cover the
sight distance. Russ Ryle feels that
Section (D) is too vague and something “concrete” needs to be stated. Under “Separation from Street”, Russ Ryle
would like the verbiage to be “curb or edge of pavement”. There was ongoing discussion about how far
the signs should be from roadways, alleys, pavement etc. The term “two feet” will be taken out.
Connie Griffin
would like to add (14) Scrolling interior window display signs, which are
located behind a glass window and do not exceed 9” x 32”.
The changes Connie suggested for Town Code 152.263
Sign Permit Fee; no charging when a sign face is changed. Also adding “the final administrative
interpretation of these design standards shall be at the sole discretion of the
Department of Planning Director. Regular
inspections of outdoor signage will be conducted by the Department of
Planning. Failure to comply with sign
regulations may result in sign permit revocation or code enforcement by the
Planning Department”.
152.264 Sign Ordinance Violation Fine will be added to
say “the Ellettsville Planning Department shall issue a written order or
posted notice of violation to abate, remove or repair the issue in
violation. If the issue is not addressed
within seven days following the notice of violation the fine shall be
daily. Any person (s), company, business
or non-profit organization that violates any of the provisions of this section
commits a Class E ordinance violation and shall be fined for each offense. Separate offenses shall be deemed committed
on each day during or on which a violation occurs or continues”.
Connie will research and review the LED questions.
Rental Code
Connie Griffin and
the Planning Department are proposing to mirror the City of Bloomington’s
Rental Ordinance Code. The census data
show Ellettsville has 620 (estimate) rental units. The Ellettsville Rental Code would help
establish a data base of landlords and owner contact information. It will provide rental occupancy permits to
protect our citizens. There will be an
establishment of a rental hearing board, code enforcement and inspections (in
time). The benefits to this will
be:
(1) track the rental properties and
owners,
(2) improve awareness and enforcement of
occupancy limits
(3) identify and upgrade substandard
living conditions
(4) insure safe living conditions
(5) identify building maintenance needs
with property managers and landlords (6) provide pro-active enforcement of
building maintenance
(7) enforce current codes and address
nuisances
(8) abandoned vehicle removal
(9) documentation of complaints and
resolutions
(10) be able to condemn or demolish buildings
(11) fees and fines are generated.
The Planning Department will help surrounding property
owners increase property values, legal liability for owners of property, safer
living conditions and improve quality of life.
The city will maintain housing stock and reduces crime and blight.
A Rental Advisory Group has been established and they
have focused on Indiana Landlord/Tenant relations, mobile home and manufactured
housing and property maintenance code.
Ellettsville’s current code was discussed in this meeting. The Town
has adopted, by State Law the Unsafe Building Laws,
State and Fire Building Safety Standards which are updated as the other codes
are updated by reference. The Housing
and Neighborhood Development (
Connie is asking for permission to move forward with
this code and continue the necessary work to take it to Council. There will be fees and inspection charges
will be passed on to the user and not the tax payer. Any property can be
questioned and according to
Sandra Hash stated, with the economy, one option to
look at is trying to work with other communities and “tap into” places that
have established facilities and use their services. The example she gave was the Town uses Monroe
County for building permits.
Ron Wayt agreed to contract with
Don Calvert made a motion (with the help of Sandra and
Connie) that we put it in place and have something to work with. We will mirror the Bloomington and State
code. Phillip Smith seconded. Roll call vote: Terry Baker – yes; Sandra Hash – yes; Don
Calvert – yes; Ron Wayt – yes; Phillip Smith – yes; Dan Swafford – yes. Motion passed 6-0.
Connie Griffin stated the Town Codes need to be
updated.
Status Report on the Heritage Trail Project
Frank Nierzwicki announced:
Sandra Hash stated Main Street is holding the money
for “matching”. The procedure for bill paying
will be, the bills will be given to Main Street, they will write a check to the
town and the town will write a check to the vendor to pay the bill. This provides the town accountability for the
matching funds.
Privilege of the Floor
Russ Ryle thanked
the Planning Staff and members of the Plan Commission for all the work they
have done updating the codes. Russ Ryle
suggested “taking opinions out” when revising codes.
Frank Nierzwicki is pleased with the excellent job the Plan Commission has done this
year with questions, answers and research.
Terry Baker stated
the Plan Commission is receiving information early enough for review to make
better decisions. Sandra said meeting
with Town Supervisors has been a big plus also.
Evelyn Ryle thanked
Beverly, who works for an apartment complex and follows Federal code, for her
input to the Rental Advisory Board.
Adjournment
Terry Baker- Meeting
Adjourned. Next meeting will be August
6, 2009.