WEBVTT 00:00:01.730 --> 00:00:10.225 - to order the meeting of the Elstville Plan Commission for October 1st, 2026. Ryan, would you list your 00:00:10.225 --> 00:00:18.637 - present legacies? I pledge allegiance to the flag of the United States of America and to the Republic 00:00:18.637 --> 00:00:26.142 - for which it stands, one nation, under God, indivisible, with liberty and justice for all. 00:00:27.714 --> 00:00:40.617 - Okay Renee roll call please. David Drake here. Zach Michael here. Dan Swafford. Pamela Samples. Pat 00:00:40.617 --> 00:00:47.326 - Weslowski here. Steve Hale here. Brian Skaggs here. 00:00:49.730 --> 00:00:57.471 - Okay, does the first item on our agenda is a monthly conflict of interest statement. Does anyone have 00:00:57.471 --> 00:01:04.529 - a conflict of interest that they need to report on any items on our agenda for this evening? 00:01:04.529 --> 00:01:12.422 - Seeing none, old business. Excuse me, can you do the minutes? I don't know why I always skip over that. 00:01:12.422 --> 00:01:18.494 - We need approval of the minutes for our meeting on September 3rd, 2026. Second. 00:01:19.618 --> 00:01:26.346 - Okay, we have a motion and a second. All those in favor say aye. Aye. Opposed? Hearing none, 00:01:26.346 --> 00:01:33.580 - motion carries. Old business. It's really old business now because it was old business a minute ago 00:01:33.580 --> 00:01:40.959 - too. Primary plan approval of four lots, 3.9 acres in the Blackwell subdivision, 3750 West State Road 00:01:40.959 --> 00:01:47.614 - 46 and 3820 West State Road 46. The petitioner is Kenny Blackwell of Blackwell Contractors. 00:01:47.938 --> 00:01:57.225 - Case number PC 26-25. Good evening. First on the agenda is petitioner Kenny Blackwell. Blackwell Contractors 00:01:57.225 --> 00:02:05.745 - Incorporated is requesting primary plan approval of a four lot commercial subdivision totaling 3.99 00:02:05.745 --> 00:02:14.265 - acres. Subject parcels are located at 3750 West State Road 46 and 3820 West State Road 46. The lots 00:02:14.265 --> 00:02:17.758 - are zoned commercial to general business 00:02:18.370 --> 00:02:25.434 - Subdivision is access from West State Road 46 individual lots will be accessed from a private drive. 00:02:25.434 --> 00:02:32.709 - The lots will meet all size and dimensional requirements of the Unified Development Ordinance. All lots 00:02:32.709 --> 00:02:39.703 - will be on Eastern Richland Sewer Corporation for sewer and will be serviced by Eltsville Utilities 00:02:39.703 --> 00:02:46.558 - for Water. Technical Review Committee met on August 19th, 2026 and all items have been addressed. 00:02:47.234 --> 00:02:53.584 - The staff report mentions a conditional approval I had requested at the September meeting. Since the 00:02:53.584 --> 00:03:00.249 - September meeting, however, the engineer has amended the plans to reflect the fire department requirement 00:03:00.249 --> 00:03:06.599 - of 50 feet from the center line of the drive to the entrances for lots one and two. I left the staff 00:03:06.599 --> 00:03:12.949 - report the same as it was for the September meeting. So members who were not present at that meeting 00:03:12.949 --> 00:03:16.030 - could read what came before the plan commission. 00:03:16.898 --> 00:03:24.615 - NDOT has given preliminary approval for the ingress egress of the drive into the commercial lots. Since 00:03:24.615 --> 00:03:32.480 - the subdivision is for commercial lots, NDOT will not allow a second entrance because people could travel 00:03:32.480 --> 00:03:40.122 - from other subdivisions using that entrance as their means of ingress and egress. Your plan commission 00:03:40.122 --> 00:03:44.574 - action on the primary plaque can be in the form of approval 00:03:44.834 --> 00:03:52.186 - approval with conditions, denial, or to continue the hearing. The Planning Commission has the final 00:03:52.186 --> 00:03:59.832 - say in these matters. Staff recommendation is it is a staff opinion that the proposed primary plat will 00:03:59.832 --> 00:04:07.184 - meet all required zoning and subdivision regulations. Therefore, staff recommends that the Planning 00:04:07.184 --> 00:04:14.462 - Commission approve the primary plat for the Blackwell subdivision and I'll show you on the slides. 00:04:15.682 --> 00:04:25.344 - That's the site plan and petitioners representatives are present if you have any questions. This is 00:04:25.344 --> 00:04:35.103 - the grading plan. And that's the primary plan. And that's all I have. So we have a lot of discussion 00:04:35.103 --> 00:04:44.862 - about this at our last meeting. Does anyone have any questions for Denise? Of course, I have Denise. 00:04:45.218 --> 00:04:57.146 - Because I hear you say there's gonna be two entrances or two exits. No, there will not. They didn't 00:04:57.146 --> 00:05:09.193 - want the second exit. Because people from subdivisions could pass through. Okay. Does the petitioner 00:05:09.193 --> 00:05:12.414 - want to say anything else? 00:05:19.586 --> 00:05:27.652 - Do you need me to change anything? Katie Stein, Smith Design Group, engineer for Kenny Blackwell, Blackwell 00:05:27.652 --> 00:05:35.195 - Contractors. The only other additional information I want to add that Denise touched on, we did meet 00:05:35.195 --> 00:05:42.962 - the wrong criteria of the fire truck turnaround distances on the driveways. And then the other addition 00:05:42.962 --> 00:05:49.534 - that we made was regarding the common area lot, which is going to be used for drainage. 00:05:50.402 --> 00:05:58.102 - There is a 40 foot required buffer yard between that property and the property to the east. And since 00:05:58.102 --> 00:06:06.029 - that lot will not be sold, that will be owned by the owner's association of the subdivision. We included 00:06:06.029 --> 00:06:13.654 - the required plantings for that parcel only to appease that portion of the UDO. Other than that, I'm 00:06:13.654 --> 00:06:17.278 - happy to answer any questions anybody may have. 00:06:21.794 --> 00:06:29.972 - All right, I don't see any. Thank you. I will point out that part of the discussion last time was that 00:06:29.972 --> 00:06:38.230 - for a preliminary plat, if we vote for denial, we need to specify what part of our regulations or state 00:06:38.230 --> 00:06:46.329 - law the petition does not meet. Otherwise, we have to approve it. I do have one other question. I saw 00:06:46.329 --> 00:06:49.982 - the DNR up there today. Why would they be in? 00:06:50.818 --> 00:07:02.544 - looking around in there. In their subdivision? Yeah. Oh, who knows? Pardon me? Who knows? Oh, just nosy. 00:07:02.544 --> 00:07:13.711 - They don't contact us before they come to town. OK, we're ready for a motion. I'll make a motion to 00:07:13.711 --> 00:07:19.518 - approve PC 2625, the Blackwell subdivision. Second. 00:07:20.322 --> 00:07:31.209 - Okay, we have a motion and a second. Roll call, please. Steve Hale? Yes. Pat Weslowski? Yes. David Drake? 00:07:31.209 --> 00:07:41.480 - Yes. Zach Michael? Yes. Ryan Skaggs? Yes. Thank you. Okay, motion carries. Next item of business is 00:07:41.480 --> 00:07:48.670 - primary plot approval of the Dan Rary minor subdivision, 30.12 acres. 00:07:49.122 --> 00:07:58.830 - 5326 West Woodyard Road. The petitioner is Dan Rary, case number PC26-26. Thank you. Petitioner Dan 00:07:58.830 --> 00:08:08.926 - Rary is requesting primary plan approval for a minor subdivision consisting of four lots totaling 30.12 00:08:08.926 --> 00:08:14.654 - acres. Subject parcels located at 5326 West Woodyard Road. 00:08:15.458 --> 00:08:22.314 - Lots are zoned agricultural, minor subdivisions are permitted in the AG zoning district. Subdivision 00:08:22.314 --> 00:08:29.238 - will be accessed from West Woodyard Road. The lots will meet all size and dimensional requirements of 00:08:29.238 --> 00:08:36.094 - the Unified Development Ordinance. All lots will be on town of Ellsville Sewer and Water and will be 00:08:36.094 --> 00:08:38.334 - serviced by Ellsville Utilities. 00:08:39.330 --> 00:08:46.445 - The lots will have their own driveway and property owners will be responsible for putting the driveways 00:08:46.445 --> 00:08:53.354 - in according to UDO standards. Pursuant to the UDO, I want to remind you that minor subdivisions for 00:08:53.354 --> 00:09:00.606 - lots are fewer. They do not have any public right of ways, public improvements or utility main extensions 00:09:00.606 --> 00:09:04.574 - proposed are required. Sidewalks and trails are optional. 00:09:05.474 --> 00:09:12.704 - Plan Commission action, Plan Commission action on the primary plaque can be in the form of approval, 00:09:12.704 --> 00:09:20.006 - approval with conditions, denial or to continue the hearing. The Plan Commission has the final say in 00:09:20.006 --> 00:09:27.165 - these matters. Staff recommendation, it is a staff opinion that the proposed primary plat will meet 00:09:27.165 --> 00:09:31.102 - all required zoning and minor subdivision regulations. 00:09:31.650 --> 00:09:42.711 - Therefore, staff recommends that the planning commission approve the primary plat for the Dan Rary minor 00:09:42.711 --> 00:09:53.245 - subdivision petitioners here if you have any questions and I'll let you take a look at the plats. I 00:09:53.245 --> 00:10:00.830 - widened them a little so they aren't to scale. There you go. That's it. 00:10:01.218 --> 00:10:10.731 - Okay, does anybody have any questions for Denise? Seeing none, would the petitioner like to say anything 00:10:10.731 --> 00:10:19.792 - additionally? Does anybody have any questions for Mr. Rary? Any public comment? I think I forgot to 00:10:19.792 --> 00:10:29.758 - ask that last time, but there wasn't any public anyway, except for you're not really public. You don't count. 00:10:31.298 --> 00:10:42.480 - Well, in that case, we're ready for a motion. I'll make a motion that we approve PC 26-26, the Dan Rary 00:10:42.480 --> 00:10:54.091 - Minor Subdivision. Second. We have a motion and a second. Roll call, please. Steve Hale. Yes. Pat Wislosky. 00:10:54.091 --> 00:11:00.542 - Yes. Zach Michael. Yes. David Drake. Yes. Ryan Skaggs. Yes. 00:11:01.762 --> 00:11:12.751 - Thank you. Okay, Planning Department update. Next meeting is November 5th. At this time, I don't have 00:11:12.751 --> 00:11:23.741 - any new business, but you're going to have a project that Darla will talk to you about. So as you are 00:11:23.741 --> 00:11:24.926 - all aware, 00:11:25.474 --> 00:11:33.943 - likely the legislature passed this past legislative session House Enrolled Act 1001 and the goal of 00:11:33.943 --> 00:11:41.649 - that was legislation is to make available more affordable housing for Hoosiers and to that 00:11:41.649 --> 00:11:50.203 - end the legislature has requested that local governmental units prepare reports that are going to be 00:11:50.203 --> 00:11:54.014 - filed with the Indiana Housing Authority and 00:11:54.210 --> 00:12:02.687 - the legislature, presumably so that the legislature can determine where else it wants to go or what 00:12:02.687 --> 00:12:11.164 - else it wants to do in order to make housing more affordable. What you have in front of you are the 00:12:11.164 --> 00:12:19.895 - applicable statutes and you will see in 5-20-1-28.5 and 29, there are some reporting requirements that 00:12:19.895 --> 00:12:23.710 - the town has to meet by the end of the year. 00:12:23.842 --> 00:12:32.765 - and this is mostly going to be for Denise, at least these first two statutes, but what the Housing Authority 00:12:32.765 --> 00:12:40.952 - wants to know is how is Ellitsville doing with regard to building housing? So the Housing Authority 00:12:40.952 --> 00:12:49.384 - wants to know how many residential units were submitted, how many were approved, how many were denied, 00:12:49.384 --> 00:12:53.150 - how many houses were removed or demolished or 00:12:53.538 --> 00:13:01.009 - the use changed from residential to something else. That's in code section 28.5. In section 29, the 00:13:01.009 --> 00:13:08.779 - housing authority wants to know the average median home sales price, rent prices, number of residential 00:13:08.779 --> 00:13:16.624 - dwelling units constructed and occupied, and so on and so forth. And that information has to be compiled 00:13:16.624 --> 00:13:22.974 - and submitted by a portal that's maintained by the housing authority by January 1st. 00:13:23.522 --> 00:13:32.502 - So again, those two statutes are going to be mostly Denise and her staff. However, if you look at 36-7-4.3-3, 00:13:32.502 --> 00:13:40.828 - that's the statute that requires a unit to conduct a public hearing to review its unified development 00:13:40.828 --> 00:13:49.726 - ordinance and zoning regulations and land development rules with the goal of increasing housing development. 00:13:49.890 --> 00:13:56.621 - and there's factors that the legislature wants the town to consider as it reviews its UDO. So I'm not 00:13:56.621 --> 00:14:03.418 - going to read it all into the record because there are several, but number one is providing for higher 00:14:03.418 --> 00:14:10.281 - density development of duplexes, triplexes, and fourplexes, constructing other housing types, including 00:14:10.281 --> 00:14:16.946 - accessory dwelling units, adaptive reuse of commercial buildings for residential use, increasing the 00:14:16.946 --> 00:14:18.398 - allowable floor area, 00:14:18.594 --> 00:14:25.544 - in multifamily housing areas, waiving or eliminating regulations for garage size and placement, 00:14:25.544 --> 00:14:32.928 - roof pitch, minimum lot size, setbacks, off-street parking, and things of that nature. That has to be 00:14:32.928 --> 00:14:40.167 - completed by January 1st, and a report has to be submitted to the Housing Authority, and they also, 00:14:40.167 --> 00:14:45.886 - they, the Housing Authority, wants to see the minutes from the public hearing. 00:14:46.146 --> 00:14:53.296 - If you conduct a public hearing and determine that the UDO does not need to be changed, that's fine. 00:14:53.296 --> 00:15:00.375 - If you believe that the UDO needs to be changed, then we will have to work on that. The deadline is 00:15:00.375 --> 00:15:07.454 - January 1st. However, when I looked at the portal today, I noticed the portal is open until the end 00:15:07.454 --> 00:15:14.462 - of January. So I don't know what that means. We talked about this at the municipal lawyer seminar. 00:15:15.458 --> 00:15:25.308 - There's some hope that the legislature will extend the deadline or give municipalities a little more 00:15:25.308 --> 00:15:35.450 - information about what to consider. So in any event, this will be on your agenda for November. And this 00:15:35.450 --> 00:15:41.886 - is your homework? Do we have a list of rents throughout the town? 00:15:43.618 --> 00:15:53.941 - No, we don't have a rental ordinance. I mean, would you have to contact every single rental place to 00:15:53.941 --> 00:16:04.163 - ask them what their rent is? There are some things that aren't clear. It is a lot of work. What are 00:16:04.163 --> 00:16:13.566 - they going to do, come down and arrest us if we don't? Just you. Well, good luck with that. 00:16:14.178 --> 00:16:24.213 - You still have to file the report with the housing authority and say we considered this and we believe 00:16:24.213 --> 00:16:34.345 - the UDO doesn't need to be changed. And thankfully you just revised your UDO two years ago. So the town 00:16:34.345 --> 00:16:42.334 - shouldn't be, I mean, these things would have been considered generally when you, 00:16:43.234 --> 00:16:52.164 - had your public hearings on the UDO before. So, I mean, hopefully this won't be quite as big a project 00:16:52.164 --> 00:17:00.920 - as it seems, but I know, I'm sorry. So the UDO is online if you want to do a quick review or look at 00:17:00.920 --> 00:17:10.110 - anything, but it'll be treated like the public hearing at the next meeting. Okay, privilege of the floor. 00:17:11.906 --> 00:17:16.030 - Land commission comments? Nope, we're adjourned.