PLANNING COMMISSION


PLANNING COMMISSION SPECIAL MEETING

MINUTES OF MEETING MAY 10, 2006

 

CALL TO ORDER:

 

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

 

PLANNING COMMISSION MEMBERS PRESENT:

 

Don Bergwall, Pete Griffin, Ken Kraus, John Cunningham, Alan Seymour.  Roger Yoder – absent.  1 vacancy.

 

OTHERS PRESENT:

Jim Watkins, Doug Tailford, Phil Roush

 

ADMINISTRATION COMMENTS:

 

Mr. Cunningham stated Mr. Roush was just filling the commission in on the possibility of a planner for the city being hired.  Mr. Roush stated at the Public Service Committee last night the Mayor did request that City Council consider hiring a City Planner to be in the City Engineering Department. 

 

CITIZEN COMMENTS:  None

 

NEW BUSINESS:

 

Approval of Final Plat – Adena Point Section 1 Part 1 filed by – located on Weaver Rd. – filed by Watcon Engineering

 

Mr. Roush stated we have received the parkland money and the performance bond.  All the engineering plans have been approved and we would recommend approval of the final plat.  One thing you will see is the final plat in front of you tonight is slightly different.  We had asked them to change the location of the permanent monuments and to spell out one of the street names.

 

Mr. Jim Watkins stated he would just like to thank the commission for allowing this to be heard at this special meeting.

 

Mr. Seymour asked Mr. Roush if there was any new news on the South Park issue.  Mr. Roush stated the Director of Administration and I met with two representatives of the Parks and Rec. committee to update them as to where we are. 

 

Mr. Seymour asked if there have been any conclusions as to whether it will be moving water or still water in the end.  Mr. Roush stated we are still investigating this issue.  Mr. Seymour stated then there is still the possibility of it being a rural wildlife setting.  Mr. Roush stated he can’t rule that out. 

 

Mr. Kraus made a motion to approve the final plat for Adena Pointe Section 1 Part 1. 

 

Mr. Seymour asked if Mr. Roush could confirm that South Park will not be a wetland.  Mr. Roush stated no.

 

Mr. Cunningham Yes    Mr. Seymour       No- because of 1107.03 it interferes with the safety of new residences that will go into Adena Point.  It would affect their quality of life with mosquitoes, snakes and varmints in their backyard. Mr. Kraus  Yes

Mr. Bergwall       he stated before he votes he would state he is in agreement with Mr. Seymour’s comments as a whole.  I will vote Yes for this phase, but if this gets pushed into phase 2, it will be time for more detail.        Mr. Griffin Yes

 

Motion Passed

 

Discussion Items

 

Mr. Cunningham stated what we want to do tonight is take a look at our To Do List.  We need to go through the list and make sure we are clear in defining what we are looking at with each one of these issues.  We should identify the next few months’ effort that we need to look. 

 

Mr. Cunningham stated the first item on the list is visioning.  We were looking in multiple directions around the city.  First and foremost was looking south.  It seems we are continuing to develop in that direction.  I am looking from commissioners now as to how you feel where we are at on this. 

 

Mr. Kraus stated he does not think as a commission we can do any visioning without public meetings and citizen input.  He stated if in fact we have a planner coming on board for the second half of the year that is someone that would be able to with this topic. 

 

Mr. Cunningham stated he thinks it will take that person a little bit of time to get up to speed and get familiar with the city.

 

Mr. Griffin stated he somewhat disagrees with Mr. Kraus.  I don’t think you can finalize anything without input from the public but I think as a planning commission we can give it our best shot.  We need to take a proactive prospective and say this is what we think makes sense. 

 

Mr. Bergwall stated I think both of the comments are right on target.  It gets me thinking that there is a multi step process.  I think in visioning, as a planning commission we need to state what we want to include and what are the objectives we want to achieve in this visioning process.  Define the areas of concern in an outline and then have a public forum meeting and get their input. 

 

Mr. Cunningham stated he thinks we have a good opportunity in front of us, if we do get a planner.  I think one of the first things we are going to want to do is to sit down with the planner and talk about our visioning. 

 

Mr. Kraus one of the keys is to develop our expectations and we need to break it down by region. 

 

Mr. Cunningham stated another item on the list is big box post use management.  I know there is some disagreement as to whether or not it is a role for planning commission or not.  It is basically is to say once a building is vacated what can we put in place to issue some assurances that it will be maintained or marketed appropriately. 

 

Mr. Kraus stated this is not a planning issue it is for city council.  Mr. Seymour stated city council should handle the buildings that are already in place, but as new buildings are coming in something should be addressed.  Mr. Kraus asked if it is a planning issue then or design review.  Commission agreed it is design review. 

 

Mr. Cunningham stated he believes it is something that can be moved onto the design review docket. 

 

Mr. Cunningham stated the next item is the County Home Rd. rezoning.  He asked what was left.

 

Mr. Kraus stated there are at least three rezonings on the list.  He stated on the County Home Rd. property he would like for some of the commission to sit down with Gary Lee since he seems to be the lead guy on this issue. 

 

Mr. Griffin stated as he recalls there were not any significant issues with the zoning on this property.  Mr. Seymour stated we also discussed having a unique zoning for government offices.  Mr. Kraus stated he is not sure he agrees with that. 

 

Mr. Cunningham stated the next issue is managing home owner associations.  Mr. Bergwall stated he has a draft on this topic.  He stated that in order to do this it requires someone in the city to be able to keep track who has a homeowners association and who are the contacts. 

 

Mr. Cunningham stated Mrs. Penhorwood is going to get information for us on the POD’s.

 

Mr. Cunningham stated the next topic is commercial/industrial subdivision signage regulations.  He stated he thinks this should also be directed to design review. 

 

Mr. Griffin stated he is disappointed that Best Buy has gone to BZA to get relief on the size of their sign.  I think it should be harder for them to get the variances. 

 

Mr. Cunningham stated he agrees.  He stated he doesn’t know of a commercial or industrial building that has gone up that hasn’t gone to BZA.

 

Mr. Griffin stated he is not sure BZA is in sync with what we are doing. 

 

Mr. Kraus stated it states in the code that they must prove a hardship and that part of the code gets ignored.  BZA does not follow the code.  On paper they should deny 90% of the applications.

 

Mr. Seymour stated maybe there should be a memo to BZA.

 

Mr. Kraus stated Bear Creek stood here and told us that there were going to be all ground signs for these businesses and they were going to enforce it.  Mr. Griffin stated it is Bear Creek that is going to BZA for the variances. 

 

Mr. Kraus stated he thinks someone needs to be attending the BZA meetings. 

 

Mr. Kraus stated back to the subdivision sign issue, Mrs. McCoy came across a section, 1143.20 (c), and industrial parks.  It talks about signage for the park.  The only thing missing is commercial signage.  We just need to adjust that verbiage a little to apply it to commercial. 

 

Mr. Seymour stated as a side note, the Movie Gallery did not put on the exterior that was approved in the plans.  Mr. Griffin asked what we do about that.  Mr. Cunningham asked what recourse we have.

 

Mr. Cunningham stated back to the signage, I think I will draft a letter and run it by the commission, to BZA. 

 

Mr. Kraus stated the clerks need to do a word search in the code for all references to Shade Tree Commission and Design Review Board in sections of the code that we have not sent to city council. 

 

Mr. Cunningham stated the next item is Historic district zoning.  Mr. Kraus this is when we received the letter from Meg Michel.  Basically what she is looking for is in the uptown area to allow a greater percentage of the lot to be covered to allow for the addition of porches and garages.  He stated he believes it would be a new zoning district that needs to be created.  Mr. Cunningham stated it could be an overlay to the underlying district.  The one thing I am concerned about is if someone does a minor subdivision. 

 

Mr. Cunningham stated the next item is Mark Reams memo.  Mr. Kraus stated it is about the B-R and O-R districts and what is permitted in these areas and the lot size requirements.  Mr. Cunningham asked if there has ever been code written to say at the time of zoning of O-R or B-R, planning commission would make a recommendation as to what type of single family residential guidelines they must follow.  Mr. Kraus stated to have a flexible district would be difficult.  If you are looking at undeveloped property, I would suggest PUD would be the way to go.

 

Mr. Cunningham stated the next topic is 1111, mobile homes.  He stated we have not really done our due diligence on this chapter.  Mr. Bergwall stated he did a proposal for change to this chapter.  The fire chief wants this change for safety reasons.  Mr. Cunningham stated he did make contacts and did not get very far.  He stated he will get with them again and try to get more information. 

 

Mr. Bergwall stated there will be some mobile home owners that will not like what we will do because we are going to turn the screws on them.  However for their own safety, it will be best.  Mr. Kraus stated we have to be careful that we are dealing with zoning issues not construction issues. 

 

Mr. Bergwall stated the issue is building.  Mr. Kraus stated it is not in our jurisdiction. 

 

Mr. Cunningham stated the next item on the list is rezoning of Northwoods.  Mr. Kraus stated he brought this one up because it is zoned O-R but it is all residential.  The people that live there are clueless that someone can buy a property put in a business and have signage and all and there is nothing that can be done about it.  Commission decided it should be taken care of right away.  Commission asked that it be put on the June agenda.

 

Mr. Cunningham stated the next item is the rezoning of the Bunsold property.  Commission decided they need to rezone it to AR.  Commission asked that it be placed on the June agenda. 

 

Mr. Cunningham stated the last two items are 1107.09 and .10.  They are the 1000 ft. between intersections and 600 ft. long cul-de-sacs.  He asked if Mr. Kraus could get some recommendations from other cities through the planning association.

 

Mr. Kraus stated a lot of cities are doing away with limitations on cul-de-sacs completely.

 

Commission discussed pros and cons.  Decided it may be something that when the city planner comes on board they can give some advice. 

 

Mr. Bergwall asked what Adena Pointe on the R-4 property ended up with as far as having the garages coming out into an alley.  Mr. Kraus stated it is still the same plan. 

 

Mr. Seymour stated they last plan we saw showed that the drives would be backing out right on to Greenwood Blvd.  Mr. Kraus stated they are not backing out onto Greenwood Blvd.  He stated when the final plat for that section comes to planning; it should contain the easement for the alley. 

 

Mr. Bergwall stated in the code it also talks about the maximum length of blocks.  I think the commission has been negligent on that.  Mr. Cunningham stated it needs to be added to the to do list.

 

Mr. Cunningham stated this is what he would suggest for the to do list.  Visioning we will hold off until we get a planner on board then build a strategy from that point.  Big Box post use management we will ask the new design review board to take a look at and make recommendations to us.  The County Home Rd. zoning we need to prioritize tonight.  He stated he put a couple of item into “projects”, where one or more of us offer to bring information back to the commission.  MHA, Mr. Bergwall is working on.  POD’s is something Mrs. Penhorwood is working on.  Commercial/ Industrial signage is something we should forward to the design review board for their recommendations to us.  Historic district zoning needs prioritized along with Mr. Ream’s memo.  1111, mobile homes, I undertake that and get the commission some recommendations along with Mr. Bergwall.  Rezoning of Northwoods and Bunsold property will be on next months agenda.  The 1000 ft. between intersection issue will go to the planner and engineer.  The 600 ft. cul-de-sac issue can be taken off and we will add the issue with 900 ft. blocks for the planner to look at. 

 

Mr. Kraus asked why they want to send the signage issue to design review when we are looking at basic requirements.  What they look like is in design review. 

 

Mr. Cunningham stated we are going to send a letter to BZA.  Signage is referenced in the design review section. 

 

Mr. Kraus stated as far as putting something in the code that allows commercial park signs is something that we need to deal with.  Right now there is nothing that allows commercial subdivision signs.  We just need to put something in the code under the sign section.  When you get into what it looks like that is design review. 

 

Mr. Cunningham stated the commission would keep the signage issue and Mr. Kraus will bring back a recommendation for language. 

 

Mr. Cunningham stated as far a prioritizing what is left, Bunsold property is one, Northwood is two, County Home Rd. rezoning three, Mr. Reams memo (OR, BR zoning)(changes to 1135) four and then Historic District zoning. 

 

INDIVIDUAL COMMISSIONER COMMENTS:

 

Mr. Cunningham – None

Mr. Seymour – None

Mr. Kraus - He stated a couple of weeks ago, he had lunch with Rob Meyers.  Sometime in the near future we will probably be seeing a revised final plat for a couple of sections near the woods.  The lot sizes will be increased with the possibility of 70’frontages. 

Mr. Bergwall- None

Mr. Griffin – None

Architectural Review Board – We did approve two signs. 

 

Mr. Kraus stated he thinks the commission should look at the zoning as it applies to E. Fifth St. and N. Main St.  East Fifth is B-R and some of it may need to be rezoned back to residential.  Mr. Cunningham stated URT discussed it and don’t feel that the homes are going to get any improvements made unless it is done commercially.

 

Mr. Kraus stated N. Main St. is all B-1, from Elwood Ave. north.  URT may want to take a look at it. 

 

Mr. Griffin stated he would encourage the city to better maintain their property.  Especially the property near the hospital. 

 

Discussion held on properties that need cleaned up. 

 

Mr. Cunningham stated 3rd Fridays are coming back this year.  Lots of donations have been collected and we have some big bands coming.

 

ADJOURNMENT

 

Chairman adjourned the meeting.