PLANNING COMMISSION MEETING

MINUTES OF MEETING MARCH 14, 2006

 

CALL TO ORDER:

 

The Chairman called the meeting to order at 7:00 p.m.   

 

PLANNING COMMISSION MEMBERS PRESENT:

 

Don Bergwall, John Cunningham, Pete Griffin, Roger Yoder, Alan Seymour, Paula Bodey.  Ken Kraus – excused

 

OTHERS PRESENT:

 

David Burke, Mark Reams, John Gore, Ed Pleasant, Dan Fogt, Leah Sellers, Eric Phillips

 

OLD BUSINESS:

 

New Design Review Code

 

Mr. Phillips stated the goals and objectives we set back in June have not changed.  We have accomplished everything we said we were going to accomplish.  Mr. Phillips read the original goals set. 

 

Mr. Phillips stated currently the ARB reviews all of the permit requests in the Historical area.  The Shade Tree Commission reviews all landscaping plans for the City.  In 2003 the Design Review Board was created.  The Planning Commission also serves as this board.  They review all commercial, industrial and multi-family buildings built in the city. 

 

Mr. Gore asked if he was correct in understanding that the Planning Commission serves as two of the three boards.  Mr. Phillips stated currently there are three different boards.  Mr. Gore asked who of the people here are on the ARB.  Mr. Phillips stated Mr. Griffin.  Mr. Gore asked who else is on that board.  Mr. Phillips stated he is not sure who the other members are.  Mr. Gore stated what you are proposing is to leave this body in place and have them review everything and have the other two boards go away.  Mr. Phillips stated yes.  Mr. Gore stated he feels City Council needs to have some input into the appointments.  The only appointments we have now are Shade Tree and that is being done away with.  You are basically leaving this in the hands of the administration.  Right now that is fine, but you done know who is going to be the next mayor. 

 

Mr. Seymour stated just to clarify, Planning Commission is Planning Commission and we are Design Review Board.  It is a separate board even though it is made up of the same members.  Mr. Phillips stated Shade Tree members will go away, ARB members will go away and you will have the Planning Commission members which serve on the Design Review Board.  Mr. Phillips stated what you could do is tweak the ordinance to where City Council could have so many appointments to the Design Review Board.

 

Mr. Gore stated he asked the Charter Review Committee to take a look at the appointments because I think it should be, on any 7 member board, 4 appointments from administration and 3 from City Council or visa versa.  In this case, all 7 appointments would be from administration. 

 

Mr. Phillips stated this discussion was held with the Mayor about a year ago.  He is will to listen to you if you would like appointments to the Design Review Board.  We can change the ordinance to have any make up of the Design Review Board. 

 

Mr. Gore stated this is no disrespect to the Planning Commission; we’re just trying to look out for the future. 

 

Mr. Phillips stated the highlights of some of the changes were we wanted to change the Architectural Review District to the Historic Uptown Marysville Review District to keep this consistent with the goals of URT.  It expanded the area as well.  The reason for the expansion was because we wanted to include any structures that are historically significant. 

 

Mr. Phillips stated some of the other changes were realigning duties and making the City’s Design Review Board to review all commercial, manufacturing, and multi-family, create basic design guidelines that are not currently specified in the code, review design and color guidelines that will be used in evaluating applications.  Allow fast track approvals, which we currently do not have.  We placed stricter guidelines on demolition of buildings.  It also adds the Secretary of Interior guidelines which we are required to have.

 

Mr. Phillips stated in chapter 1140, the duties were realigned to give those powers to the Design Review to review all landscaping.  It defined better what a new structure vs. a substantial expansion is.  It reduced a lot of repetitive language.  It allows for negotiation, if topographical or special circumstances do not permit landscaping.

 

Mr. Phillips stated chapter 1144 was also updated.  It now requires professionals to be on the board.  It updated certain sections for clarity; it refers developers back to chapter 1136 and 1140 and allows for standard to be applicable to any new zoning district.

 

Mr. Phillips explained the color coding of the changes on the packet they have received. 

 

Mr. Phillips stated he is only going to go over the changes tonight.  In 1136, page one, there was not a whole lot changed to the meat of it that was changed.  On page two, the word alteration was removed because it was repetitive.  We defined maintenance.  On page three we decided to put the map in the ordinance instead of just putting in a description. 

 

Mr. Phillips stated something the ARB had not previously done was accept color and design guidelines.  It is the goal of the Design Review Board (DRB) to adopt guidelines as soon as possible.  On the next page it talks about what maintenance is.  I also defines fast track approval is. 

 

Mr. Seymour stated this is where it talks about a Certificate of Appropriateness (COA) and what it is.  Mr. Phillips stated a COA is any major environmental change as defined, which requires DRB approval.  This also allows for Fast Track Approval (FTA), where it would only get approved by the zoning inspector.  They will still have to meet all of the guidelines the DRB establishes. 

 

Mr. Cunningham stated this also allows the DRB to bring the businesses in the uptown area up to these standards. 

 

Mr. Fogt stated on top of page two under (c), residential properties are exempt?  Mr. Cunningham stated it is only for the commercial properties in the area defined.

 

Mrs. Sellers asked why they did not consider extending the map down E. Fifth Street where there are a lot of businesses.  Mr. Phillips stated at one point, the map extended on Fifth from Five Points to Grove.  He stated the feeling was the farther you go down Fifth, the more residential you get into.  The fear was that the more residential you include, we didn’t want to make it sound like we were going to make single family residential comply. 

 

Mr. Reams asked what about the demolition of residential structures in this area to make room for commercial.  Would you need a permit?  Mr. Phillips stated yes because it would be a change of use.  Mr. Reams stated but what if you demolish the houses and let it sit for 6 months and then want to put up a new building.  Mr. Cunningham stated demolition is discussed later in this chapter.  Mr. Reams stated the reason he asks is should the area be extended to cover the historic homes in the area. 

 

Mr. Phillips stated the way this is written, the demolition of any single family structure is permitted.  Mr. Bergwall asked even if the house has historic value.  Mr. Phillips stated yes. 

 

Mrs. Sellers stated what about the Mom and Pop place that says all they want to do is paint their building but they can’t afford the $250.00.  That could lead to bad publicity for the city.  Mr. Phillips stated it would actually go through fast track and only be $50.00, but also you would have to be very careful if you were going to word it so the smaller businesses had a smaller fee.  Mr. Cunningham state we compared d it to other cities and looked at the amount of time required to prepare.

 

Mr. Phillips stated in 1136.10, we specifically mentioned the requirements for the plans that must be submitted.  On page 6, we established the process of what the DRB needs to do with applications.  In 1136.11, the US Department of Interior Guidelines was added.

 

Mr. Phillips stated on the bottom of page 8, we added some guidelines.  On page 10, (f) if the DRB feels the need they can adopt other design guidelines.

 

Mr. Phillips stated as far as demolition, there have been a lot of people working on this.  There is one of three possibilities that a person can meet.  One, they have to establish that there is no historical significance. Mr. Griffin stated they ARB just came across this earlier this year with the MacIvor building.  Mr. Phillips continued to read 1136.13. 

 

Mr. Cunningham stated, in 1136.03(c) we exclude single family residence where the continued use is single family.  If they intend to demolish it, then the intent is for it to no longer to be used as a single family residence so they should be subject to the ordinance.  Mr. Reams stated he feels all buildings should have to go through this process.

 

Mrs. Sellers stated her concern is with the buildings that have already been demolished in the city, would they have been able to be demolished under this new code.  Discussion held. 

 

Mr. Phillips stated chapter 1140 should go a little faster because there were not as many changes.  We took out wordiness. We changed the duties to the DRB instead of Shade Tree.  Mr. Phillips read over other changes made. 

 

Mr. Fogt stated he is not a fan of street trees.  There are places that they cause a safety hazard.  If you require some places to put them in because of expansion, it could create more of a hazard.  Mr. Phillips stated there is a code requirement for the triangle and sight distance.  Mr. Fogt asked if the code allows any leeway for common sense. 

 

Mr. Phillips stated there is a place in the code that allows DRB to reduce the number of trees or have them placed if it is not feasible to place them along the street.  Mr. Gore asked so we don’t have that now.  Mr. Burke stated the Shade Tree has done it.

 

Mr. Phillips stated it is also important to know that substantial expansions will not have to go before the DRB.  They will be approved by the zoning inspector. 

 

Mr. Phillips continues to read through the chapter. 

 

Mr. Reams asks if you have an existing business and then someone builds residential next to it, where does the landscape buffer go.  On the new use or existing use?  Mr. Phillips stated it would be who ever builds last.  Discussion held on who is responsible to put in the landscaping. 

 

Mr. Phillips continues to read the rest of the chapter. 

 

Mr. Phillips stated chapter 1144 does not have a lot of changes.  We did incorporate that there are certain types of people that are to be on the board.  The fact that the Planning Commission is designated as the DRB is still up for debate. 

 

Mr. Gore stated he would like to ask the other council members present if they agree with his earlier comments regarding this subject.  Several members stated they agreed.

 

Mr. Gore stated what he was thinking was 3 members of Planning Commission shall serve on the DRB and City Council shall appoint the remaining 4.  Mrs. Sellers stated she likes the “wish list” included in 1144.03 of what types of people should be on the board. 

 

Mr. Fogt asked Mr. Griffin if he was comfortable with doing away with Shade Tree.  Mr. Griffin stated he doesn’t have a problem with it.  Most of it is easy to follow if they read the code.  It seems to be more of a problem to have them separate.  The design of the building and the landscaping go hand in hand. 

 

Mr. Gore stated Mr. Phillips is going to take the councils wishes to have the appointments divided to the Mayor.   

 

Mr. Phillips stated there are also some fee changes.  Mrs. Sellers suggested having an aggregate fee for a period of one year to cover any improvements they would want to do in that time frame.  Mr. Phillips stated this is an application fee which means it requires staff time and DRB time. 

 

Discussion held on the fees. 

 

Mr. Phillips asked if it is the general consensus that residential structures in the historic are should be included as part of the demolition requirements.  Voice affirmations heard.  Then what is the fee?  Mr. Reams suggested the same as the rest.

 

Mr. Cunningham asked Planning Commission if there is any objection to council’s suggestion as to the makeup of the board.

 

Discussion held on making changes and when it would be able to be voted on. 

 

ADJOURNMENT:

 

Mr. Seymour made a motion to adjourn.