PLANNING COMMISSION SPECIAL MEETING

MINUTES OF MEETING JANUARY 18, 2007

 

CALL TO ORDER:

 

Chairman called the meeting to order at 6:30 p.m.

 

PLANNING COMMISSION MEMBERS PRESENT:

 

John Cunningham, Don Bergwall, Patrick Soller, Ken Kraus, Pete Griffin, Alan Seymour.  Roger Yoder– absent.

 

OTHERS PRESENT:

 

Greg DeLong, Brian Palmer

 

CITIZEN COMMENTS - None

 

DISCUSSION ITEMS:

 

Mr. Cunningham stated the main focus of tonight’s meeting is to once again go through the To Do List, reassessing it and then talking about priorities.  We have made progress.  One of the things I wanted to start out with tonight was regarding the e-mail I copied everyone on that was sent to Mr. DeLong.  Mr. DeLong and Mr. Palmer are both additional resources that we are able to utilize.  I asked Mr. DeLong, as City Planner, if he could give some insight as to his background and perhaps some things he has observed coming into Marysville.  I made a snide comment that we haven’t seen his resume and we are not putting it against him. You were hired and there are seven people here who spend hours and hours of planning in the city and we didn’t even get the courtesy of knowing who you were, where you were coming from and what you have done.  It is a little upsetting to me, but we’ll deal with that.  If you could, give us what you are thinking and we would even welcome you comments on where we are headed and what we are trying to do from your prospective.

 

Mr. DeLong stated he has worked a lot with cities and townships.  In doing visioning and a comprehensive plan, to say I’ve done one, I can honestly say I have not.  It is very rare that you will find a City Planner that has done them, unless you are in a city like Dublin where they have 40 planners on staff.  I am a believer that I am not to be here doing a vision for the city.  You guys are the body who will be voting on the projects and I find it very counter productive for me to sit here and tell you what I think without knowing where you are coming from.  It is more of a team effort rather than me telling you everything.

 

Mr. Cunningham stated he is interested in Mr. DeLong’s skill set as well.  Mr. DeLong stated he has done a lot with zoning in the past.  Mr. Bergwall asked who for.  Mr. DeLong stated he has done a lot of code changes.  He stated he worked with the City of Dayton and they did a total revamp of their code from top to bottom.  I was one of the assistant managers for that.  There was a lot with that.  Mr. Cunningham asked if he helped with the drafting.  Mr. DeLong stated yes, with the help of a consultant. 

 

Mr. DeLong stated he wrote Planned Developments in the past, working with developers on the layout of their site plans.  These are the things I brought to the table along with my township experience. 

 

Mr. Seymour asked if there were 4 or 5 major tasks and a certain time devoted to each, what would that breakdown be.  Mr. DeLong stated he thinks the first thing that needs to be addressed is the zoning code. 

 

Mr. Griffin asked in what way.  Mr. DeLong stated there are a lot of simple changes to be made that could enhance the city.  Some of the first things I noticed coming into this town where signs, people parking their cars in the yards and gravel driveways.  I know people say it is the character of the community, but as an outsider driving in I wondered if this place was moving forward at all.  On the eastside of town, where all of the development going on, it is a totally different environment that the rest of the city.  Code changes would be important.  They are the things you are going to see the immediate impact on.  As more and more people are coming here, these are going to be the things they are going to look at.  You can plan and vision all you want but you may not see the results of that for another 20 years.  I have also been working really close with the Chamber of Commerce.  We have a comprehensive plan that was adopted in 1999 and no one is sitting down and going through it.  There are items that it says need to be done and there is no one doing them.  He stated Joe Clase and I are going to work together on the existing comprehensive plan and see what we can do to get some of this stuff moving forward. 

 

Mr. Seymour asked what were you given from the administration as far as your job description or target goals.  Mr. DeLong stated one was working on the comprehensive plan and getting it updated and another was working on the zoning code.  I think they were also looking for someone to help with the plans.  We have developers walking in the door and no one to really review the plans with. 

 

Mr. Seymour asked if he saw himself as a second link to a development.  Mr. DeLong stated he should be at the beginning, and we have been doing that since my arrival.  We have people coming in with projects for Coleman’s Crossing and we are right there at the start. 

 

Mr. Kraus stated if he was in the administrator position today, a lot of the stuff that I was doing as far as looking at plats, I would defer to the city planner. 

 

Mr. Griffin stated the way the code is written, it is the whole idea to have the developers come to a central place, and you are really the central place.  Then you gather all of the other forces together so they have a chance to review.

 

Mr. Bergwall stated there was some disconnects and confusion because it was a free lance on individual opinions from whoever they would deal with in the administration and didn’t necessarily reflect the collective thoughts that we had as a planning body.

 

Mr. Griffin stated he doesn’t think that was hard to see with even more recently, Myron Gallogly’s project.

 

Mr. Cunningham stated on that project, he talks to administration and gets an opinion and then comes before planning commission and gets a different opinion.  It’s almost like your starting over.  Sometimes they are sitting there saying, the city just told us we could do this and now you are saying you don’t like it.  Then of course we say no, because we’ve never seen it before.

 

Mr. Bergwall stated it has worked that way in the past but if we had a clear vision that we communicated and we had a solid code then a lot of that would disappear. 

 

Mr. DeLong stated that is what he is.  I take what you are looking for back to the developers so they know what to expect.

 

Mr. Kraus stated what is going to happen now is he will be looking at it and saying as a plan does this make sense.  As he sits in more of our meetings and understands the kinds of questions we are going to have, he will be able to do a better job than we’ve ever had in the past of the preliminary meeting.  So when they do come to us for the first time, there is going to be a lot less disconnection. 

 

Mr. DeLong stated this takes time to develop.  Even when I worked for Dayton, we gave staff recommendation?  I had a 99.9% approval rating on all of the conditions I put on developments, because I knew what the boards wanted after working with them for a while. 

 

Mr. Kraus stated he thinks that Mr. DeLong is right on with visioning and updating the comprehensive plan.  There is no way the city is going to be able to do it without outside help.  The second comment is on the visioning.  It goes way beyond on what Mr. DeLong or any of us foresee.  We have to get the people involved.  We will have to have some public meetings.

 

Mr. DeLong stated we need to coincide with what the Chamber might be doing for the entire county.  It wouldn’t make sense if we do our own thing and they do theirs and they are overlapping and are not thinking the same way. 

 

Mr. Cunningham stated at the last council meeting Mr. Pleasant was elected president and Mr. Burke was elected vice-president.  Not saying anything negative about past presidents or vice’s but now we have a fresh opportunity in front of us.  In the past year in working with the council they have asked the planning commission to come in the second meeting of every month and make a report to them.  It is the next meeting.  I would like to make my presentation to them more of a formalized about what we are doing and what we are thinking.  I have said several times about wanting to have a more user friendly plan for us to have access to.  I caught glimmers that perhaps council and administration would support a comprehensive plan.  Whether it be a new one or to meld the current plan in to a workable plan.  I am thinking we are going to need outside help to make that happen.  I would at least like to walk out of here tonight with at least a skeleton of what we would like to do and make the presentation to council.  I would like to present it to them that this is not what John Cunningham is thinking but pass resolution this evening that says planning commission as a body would like to recommend to city council that we pursue this in earnest and that we work together to identify the resources to make this happen.  We have been marching for a long time and I think we’ve done a decent job with duct tape and bailing wire to get where we are at.  We really need to bring real tools, real mechanics to bear on this community to make it grow into what we really see it being.

 

Mr. Kraus stated he is a firm believer that the city needs its own comprehensive plan, with or without the county.  The county in my mind is a player, but is irrelevant.  We have to look at the city and where the city is going.  If it happens to dove tail with something the county is doing, as long as it is timely, that’s fine.  But we need our own plan that deals with land use, potential land use and all the other things that go along with it.  We have traffic studies all over the place.  Someone needs to pull them together and see what areas we need to fill in.  Even if we take off and update our code it is going to have to be done again because the biggest enforcement of the land use portion of the comprehensive plan is the zoning code and the subdivision regulations.  When it is done, which may take a couple of years, we may be back and updating code again.  It is long and tedious but it needs to be done. 

 

Mr. Bergwall stated he agrees with Mr. Kraus that we need a city plan.  In starting that, what many groups tend to do, be it a comprehensive plan like this or a five year plan, a lot of it becomes the fashionable thing to do.  So you end up with volumes of information and it get put up on a shelf, and no one pays attention to it, and you go about going your way.  Because you really don’t have commitment and understanding and I think in order to sell the concept you first need to articulate the value and purpose of this.  What we want are tools, but what is it we are working on with those tools and what are we going to build when we are all done.  So in order to talk about a plan for Marysville you have to identify some goals or end results that we hope to achieve that people could recognize as it being a problem today.  If you can get that down, and what it is we want to be in the end.  To some extent we have to identify ourselves and then say this is what we want to achieve and then build a plan around that. 

 

Mr. Cunningham stated when I say a plan, and we brought up the comprehensive plan, my challenge is, to say okay we have that plan.  Looking at that plan you tell me what we need to do in the next three years and at then end of the three years where are we going to be. 

 

Mr. Seymour stated Mr. Cunningham’s questions is can you derive what a plan is from the 1999 comprehensive plan.  It tells you where some designated areas are but doesn’t get you anywhere.  That follows Mr. Kraus’s point of a comprehensive plan for Marysville which means every area in detail.

 

Mr. Kraus stated no.  He stated he believes Mr. Seymour and himself have different visions of that.  A comprehensive plan when it gets into land uses is not going to get specific on the zoning districts. 

 

Mr. Seymour stated he thinks that is where it needs to be.  Otherwise you are still broad based.

 

Mr. Kraus stated that is right and that is where your citizen input in the different things that need to be in different areas comes into play. 

 

Mr. Seymour stated citizen input is needed at some point.  Mr. Kraus stated early.  Mr. Griffin stated not as early as you might think.  Mr. Seymour stated if you do that then you are designing a city by committee. 

 

Mr. Griffin stated we as a group need to begin to think through our minds on how we envision where we are headed, area by area, if you want to do it that way.  Once you have some thoughts firmly in your mind that you can talk about, then you can go to the individual areas and invite them in.  But you don’t do that until you have a concrete idea.

 

Mr. Kraus stated he agrees except for one thing.  If you use what is in the 1999 version, this is what it says, you people live in this area.  What do you like, what don’t you like, what would you like to see improved.  Your base is what is out there now.

 

Mr. Cunningham stated there are people out there that may say this is the best plan in the world and the salvation to the community, but don’t do it in my back yard.  Someone has to make the call.  I understand we need the input, but we have to make the determination of what is in the best interest of everybody.  Mr. Kraus stated that is where our job comes in.

 

Mr. Bergwall stated he thinks it is in between.  He stated he has talked to Bruce Daniels and Bruce is someone we should include in this input somewhere along the way.  He is a visionary leader and offers a lot.  I think before you bring people in you need to have some things established as the givens.  We have people we would like to approach and get input and they would say we don’t want to grow.  Well the fact is we are going to grow.  So we might just as well have some of this information as a given. 

 

Mr. Soller stated his concern is whether we are the cart or the horse right now.  It seems like the administration is going out and marketing Marysville, but we haven’t really gone out and said these are the areas you should market.  Because we have developed for this area, this is the area you should be looking at.  The administration is going out with a marketing plan, but what are they marketing.  They have not asked us for input.  I think it would be good to get from Council what they expect from us.  Are they looking for us to just be reactionary? 

 

Mr. Kraus stated his guess would be that what they are marketing would be any areas that are marked on the zoning map that shows commercial or industrial areas.  Industrial Parkway, Coleman’s Crossing and possibly the Cook property between SR 4 and SR 31 and that would be about the only properties I think they would be marketing. 

 

Mr. Cunningham stated in those examples, I know they are marketing, but it appears to me that they are marketing after the fact.  Coleman’s Crossing was not a city driven concept.  We are being reactionary. 

 

Mr. Soller asked should we develop a plan that is in more detail than the current land use plan we have now.  Is it going to be the best use of our efforts?

 

Mr. Seymour stated his view of Marysville is that the east side markets itself.  The north side does somewhat too.  The west side doesn’t have much of a vision.  Well roundedness for the community, something for all four sides is what I see as something we should target.  State Route 36 toward Delaware, we have no plan for that area or out towards Honda.  These are the areas were a more specific plan needs to be in place.

 

Mr. Soller stated he agrees but we also need to be in line with the administration.  If we think the Cook property is a good place for retail but they go to the Mayor and he doesn’t think so and they come to him three times, it is never going to get to us. 

 

Mr. Seymour stated in response to that, our role as planning commission is to provide a proposal and then gain alignment with adjustments.

 

Mr. Bergwall stated he agreed.  If you have the plan and the documentation as to why the land is zoned the way it is and you get it approved then you have a solid base to draw from. 

 

We are not doing our job with providing the city administration with the guidance as to where to go.

 

Mr. DeLong stated a question he has is, you keep talking about zoning, do you want the Comprehensive plan that detailed?  Where you actually specify what properties have what zoning.

 

Mr. Kraus stated he doesn’t think you can.  Mr. DeLong stated you don’t want to do that.  A comprehensive plan is exactly what is shown in the 1999 plan.  You may have someone walk in with a great plan and they want to put it in a certain spot and the zoning in your comprehensive plan tells them no, they can’t put it there.  Are you going to turn it away?  Mr. Seymour stated probably not.  We would have to assess what they have to offer.

 

Mr. Kraus stated that is why you make the plan generic.  Mr. DeLong stated if you accept that then you are going against a plan you just adopted. 

 

Mr. Cunningham stated this information needs to be put in the narrative part of the comprehensive plan.  Right now we say in a number of places in our code that our obligation as planning commission is to follow the comprehensive plan.  People will come in with that plan and say, this is what is supposed to be there. 

 

Mr. Kraus stated he is not a land use lawyer but if we get too detailed on the land use map and then try to change because something better shows up, we could find ourselves in the middle of a lawsuit for the very reason that our code says we will follow the plan and this change is not what the plan says.

 

Mr. Griffin asked if when you say generic, are you comfortable with the plan saying this is a commercial area vs. a residential.  Mr. Kraus stated yes, that is all the farther you should go.  Mr. Griffin stated that is where he is too.  We need to put something out there that says this is the direction we are going. 

 

Mr. Cunningham asked if we could ask MORPC to provide us with a presentation. 

 

Mr. DeLong stated MORPC did do a regional connection plan, which includes a seven county plan that states growth information.

 

Mr. Cunningham stated it doesn’t have to be MORPC, but we need someone to come in and talk to us and administration about the value and the process of a comprehensive plan.

 

Mr. Soller asked how the comprehensive plan differs from the economic development plan.  He stated it has land use in it as well. 

 

Mr. Seymour stated we have a comprehensive plan and an economic plan, we have plans in place.  We need to define what we want that is different.  We need to be specific.

 

Mr. Griffin stated he is thinking it may be premature for planning to go to council’s next meeting and spell out exactly what we are doing.  As I see we have a number of plans here and I would suggest we gather all of them and we meet and go through them and try to understand what each plan brings then we need to pick out the things we think are important to us.  Then we can go to council and say this is the direction we are working in and see if we can get a sense of what we need.

 

Mr. Kraus stated Mr. Seymour is right, a plan is not any good if it doesn’t say in order to accomplish or implement the plan you have to do certain things. 

 

Mr. Cunningham stated when the administration and city took their trip for the strategic planning session; I know they discussed the comprehensive plan for the city.  Again, they did it without us.  Mrs. Seller’s is at the forefront of this and they have something in mind and I am getting upset that we have no idea what they are thinking.

 

Mr. Soller asked how we insert ourselves into that. 

 

Mr. Seymour stated council has kind of made it clear that they want more involvement, insight, more decision making in some of this activity. 

 

Mr. Kraus stated Mr. Griffin’s suggestion of getting all of the plans together and looking at what we have, then taking it from there.

 

Mr. Seymour stated what we more forward with is all the hotspots we have in front of us right now, the things on our To Do List. 

 

Mr. Cunningham stated with some of the things on our list, I wonder if it is our best use of time for some of these things.  He stated we need to look at additional ways to obtain some of these goals, buy maximizing the resources we do have. 

 

Mr. Bergwall stated he would contend that we are making some of this too hard.  We are trying to be so inclusive and get everything covered that we have nothing.  For example what the Fire Chief proposed and what I drafted, I think is a good first step.  We should go ahead and implement it and if we find there is a problem then we update.  I am concerned that this group is vulnerable for some problem coming up and them saying you knew this was a hazard over a year ago and you didn’t do anything about it.  Mr. Cunningham stated one of the problems is the legislation you drafted needs to be run by legal council. 

 

Mr. Bergwall stated with the HOA on the To Do List, we have a draft, let’s at least read, tweak and if we don’t like it I work on the changes. 

 

Mr. Cunningham stated with the HOA, is it going to be worth our effort to do it.  Is it going to hold up in the code?  If not why waste our time, we have other things to do.

 

Mr. Bergwall stated he agrees it needs to be run through legal.  However, some of the consultants in the seminars, I don’t see the value. 

 

Discussion held regarding the mobile home regulations.

 

Mr. Kraus stated in looking at the To Do List, I think we take councilman Reams memo off the list and put it as something to be dealt with if and when we review the entire code.  Historic District Zoning, we tabled it at the last meeting and still needs to be looked.  He stated he understands where Mr. Bergwall is coming from but I think we need to drop the whole thing.  Mr. Cunningham stated the statute does indicate, and if we do nothing else but bring the language up to current terms, because we are obligated to review the entire code every five years. 

 

Mr. Kraus stated because you are talking terminology, it could fall under the category of an entire code review. 

 

Mr. Bergwall stated the issue on the mobile homes and if you want to drop it, I would like to put it on an agenda of a regular meeting and lets document it in minutes why we are not addressing it or why we don’t have the ability to address it, so if something comes up down the road, we’ve at least taken action on it. 

 

Mr. Kraus stated he doesn’t have a problem with that, he thinks it is a good idea.

 

Mr. Cunningham asked why we don’t draft a letter to Tony Core asking them to look at it. 

 

Mr. Seymour stated in regards to the Home Owner’s Association language, we have never had anyone strike us down on legislation that we’ve presented to council.  If we look at this and create logical legislation, reached alignment with city administrations and move it forward, I think we would have success.

 

Mr. Kraus stated he agrees, we just need to make sure we can legally do it.  Mr. Bergwall stated he doesn’t understand were the legal concern is.  Mr. Kraus stated we have to find out if it is something that falls under the purview of the subdivision regulations.

 

Mr. Cunningham stated the legal question is the enforceability of the HOA rules on the people who live there.  This is one I am willing to take a look at and send it to council. 

 

Mr. Kraus stated the commercial/ industrial subdivision signage is already going through council.  The SR 736/SR38 triangle piece of property, the appropriate zoning is AR; take this item off of the list.  He stated the POD’s; Mr. Yoder has been working on language and has some questions.  We should leave that on the list for now.  Visioning, we might want to consider changing that to the beginning of figuring out what we want to do with the existing plans and how we want to proceed.  The commission decided to call it reassessment of the comprehensive plan.  Mr. Kraus stated the next item is the 1000 ft between intersection and the cul-de-sacs, I think can be dropped off of the list. 

 

Mr. Griffin stated we also need to tell them since we don’t have a lot of developments coming forth to us now; this is a good time for us to put our efforts forth in the planning aspect. 

 

Mr. Soller stated this go back to what I said before, are we the cart or the horse.  If we are going to be the planning commission, we should have a plan in place to tell council here is what we are going to utilize.  We are not being proactive in telling council and administrative what the plan is.  We should be creating the plan, but what I hear is we are letting someone else create the plan and we want a copy of it. 

 

Mr. Palmer stated on the Cook property, the administration is not against that property being developed, they are against it being developed right now.  Another area that surprised me was the piece of property adjacent to Coleman’s Crossing, it is zoned manufacturing and the chamber is marketing it as such.  Then there was someone who came in and wanted to expand the commercial aspect of Coleman’s Crossing. 

 

Mr. Seymour stated the function of this Planning Commission was simply to listen to developers and vote on their projects and go home.  It has expanded and we’ve taken a proactive measure.  If council sees us as simply just approving plans, then that takes us back to where we began.

 

Mr. Cunningham stated he knows council talks the talk, that they won’t do anything with this code unless we initiate.  That is not the only way it can be done, but it is the policy they have adopted. 

 

Mr. Kraus stated on our next regular meeting we need to strip this list, so it is at a public meeting and it is on record. 

 

Mr. Kraus stated from what he has been hearing our list has come down to a couple of major things.  One is to get a handle on what plans we’ve got so we can start understanding what a comprehensive plan is and how it benefits us.  The second item is we need to review the code. 

 

Mr. Cunningham stated from a personal note he would like to make sure the next chair continues to communicate to council the strong desire to work with them, and that it is cause for great concern for us that they are not including us in the discussions they are having on the comprehensive plan. 

 

Mr. Kraus stated what we need to add to the next meeting agenda is to formally review our To Do List. 

 

Mr. DeLong stated he just wants to remind the planning members that ODNR will be at the council meeting on the 25th and he encourages the members to attend.

 

ADJOURNMENT:

 

Meeting was adjourned.