PLANNING COMMISSION MEETING

MINUTES OF MEETING AUGUST 7, 2006

 

CALL TO ORDER:

 

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

 

PLANNING COMMISSION MEMBERS PRESENT:

 

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

 

OTHERS PRESENT:

Vic Steinfels, Dennis Schulze, Meg Michel, Phil Roush and Tammy Penhorwood, Secretary.

 

APPROVAL OF MINUTES:

 

Planning Commission Joint Meeting with City Council- June 26, 2006- Mr. Griffin made a motion to approve the minutes as written.  Voice vote was unanimous.  Motion passed.

 

Planning Commission Special Meeting- July 3, 2006- Mr. Yoder made a motion to approve the minutes as written.  Voice vote was unanimous.  Motion passed.

 

ADMINISTRATION COMMENTS:

 

Mr. Roush stated we have requests from both of the agenda items tonight to be tabled. 

 

CITIZEN COMMENTS: 

 

A request was made to move Citizen Comments to after Old Business.  Voice vote was unanimous.

 

OLD BUSINESS:

 

Approval of Final Plat – Galbury Meadows – filed by Mid-Ohio Holding Co.- tabled from 7-3-06

 

Mr. Cunningham stated this is coming back after being tabled in July.  He stated he understands there is another request for this to be tabled again.  Mr. Vic Steinfels stated he tried to simplify in the letter before the commission tonight the reason for the tabling.  He stated they have run into some difficulties in securing the bonding requirement or letter of credit for the final plat approval.  He stated as you may be aware the residential market is going through some sever correction by the banks.  What complicates ours a little bit is that we have a combination of both single family and condos.  We had the misfortune of being involved with one bank that decided they no longer wanted to be involved in the condo market.  Then we were expecting a letter of commitment to have at this meeting tonight, we were advised this past Wednesday that this bank as well has put a hold on residential lending.  We hope that the hold will be released soon.  We should know shortly.  We are optimistic that it will be released. We are fighting a very tight time frame.  The asphalt plants will be closing in late November.  We have a meeting tomorrow with Phil Roush to see what the maximum deadline is for getting asphalt on the ground and people in this year.  We recognize that the City needs a letter of credit in order for us to secure the development and move forward.  Everything is done and we are ready to go.  It is unfortunate that we are having a little bit of a problem with the banking industry.

 

Mr. Cunningham asked based on your current discussions with the bank, using a percentage basis, where would you put your estimation of success by the September meeting.  Mr. Steinfels stated 90% if not more.  He stated he is hoping it would be far before the September meeting. 

 

Mr. Kraus made a motion to table this until the regular September meeting at the request of the developer. 

 

Motion Passed.

 

Approval of Final PlatChestnut Park – filed by David Walker, ME Companies -Tabled from 5-1-06

 

Mr. Dennis Schulze stated he is representing this development.  He stated when he was here in May I was asked if August was going to be long enough and thought it would be.  He stated he received a call last week from a potential buyer for this project.  What happened was a land speculator bought the project because it was in trouble and they needed to get the land easement through.  He stated they felt it would be a good sale because he was going to reduce the price.  The market has slowed way down.  They have a potential buyer ready to talk to me and get this thing moving.  Unfortunately, I have not been able to make contact with him.  I am going to ask for a two month delay and hopefully have the project here in a month. I hate to lose everything we have worked towards so far.  This is a TIF project and we really want to get it going.

 

Mr. Bergwall stated in the transition and with this delay the property that is surrounded by the proposed Chestnut Park is now for sale.  Is there any potential to incorporate that property into this development?  Mr. Schulze stated the owner contacted me and sent me information.  I am going to bring it up to the new potential buyer and see if they want to include this property in it.  I haven’t had this opportunity yet. 

 

Mr. Bergwall stated from a planning standpoint, that development will come off with more appeal if it can be done.  Mr. Schulze stated it all depends on how much the owner thinks it worth. 

 

Mr. Bergwall stated maybe the house doesn’t have to be demolished, maybe it can be integrated into the development.  Mr. Schulze stated it will all depend on the cost of the home and what the potential developer will think.

 

Mr. Kraus stated as he recalls there is a reserve next to where the house sits.  You may be able to preserve the house as it is and then add lots to the back side. 

 

Mr. Kraus asked if October was going to be sufficient time to get this project moving.  Mr. Schulze stated the people that currently own the property want to move it.  They tell me this is a very interested buyer, but I haven’t talked to them.  He stated he hopes to be ready by next month.

 

Mr. Cunningham stated the language to be tabled could say it would be tabled until no later than November with the understanding that can come back if you are ready before.  He stated at that point in time if it is not ready, we are going to have to take a serious look at what is going on and see if the project is going to go.

 

Mr. Schulze stated he would amend his request and ask that it be tabled until no later than November.

 

Mr. Kraus made a motion to table the Final Plat for Chestnut Park until the November meeting at the request of the developer with the understanding that if everything comes together prior to that they can request to be on the agenda sooner.

 

Mr. Kraus    Yes    Mr. Cunningham    Yes    Mr. Griffin   Yes             Mr. Bergwall          Yes    Mr. Yoder          Yes   

 

Motion Passed

 

Mr. Griffin asked that at the time this development comes back before the commission that there are new plats filed.  Mr. Schulze stated what he would do is that if this buyer is interested, tell them they need to come in here even if it is just for citizen comments. 

 

Mr. Bergwall stated we should see and have in the presentation the preliminary plat as it is updated, in order to have the final plat for approval.  We should be able to go back to the preliminary plat and have some acknowledgement in writing from the new owner that they are in agreement and are going to proceed in accordance with all of the provisions that have already been made.

 

Mr. Schulze stated it is a good idea that the new buyer has a good understanding of what has already been approved. 

 

CITIZEN COMMENTS:

 

Mrs. Meg Michel stated she has been working on the zoning for the old parts of Marysville and have been trying to make the zoning fit these sections.  This is so the people keep improving these houses and be able to build garages without having to go to zoning and variance meetings to improve their own property.  If you remember prior to 1990 we had 50’ minimum frontages and the setbacks were 6’ from the side.  If we make it so it is not a hard process, and people want to put their money into a garage, there is not a whole bureaucratic process they are hesitant to go through, people would buy more of the homes to live in rather than to use them as rentals.  Porches are the character of the turn of the century home but right now the front setback does not allow them.  She stated from just looking at it, it looks like the current setbacks are 10’- 15’ from the porches to 1 foot inside the sidewalk.  The current zoning requires the setback to be 35’.  This really needs addressed if we want to keep money pouring into old Marysville. 

 

Mr. Schulze stated he has been at each realtor’s meeting and has encouraged them to go to the City Council meetings and the Planning Commission meetings and to get involved in something that impacts their community.  At some point in time I am going to encourage them to have a member or two of the Planning Commission make a presentation at one of the realtors meeting to let them know what you do and why they should be interested in what you do.  He stated he thinks it is necessary that the community understands and to be involved in what this board and City Council are doing. 

 

Mr. Cunningham stated he is sure there are commission members that are willing and able to do so upon invitation.

 

Mr. Bergwall stated he would be interested and not only for the realtors to be more informed but we would also like to get some better feedback on the balance in the community.  From a real estate standpoint what is it that we should be looking out for. 

 

Mr. Schulze stated we might be able to carry this to the Builders Association as well.  They should be at these meetings every month.  He stated at times they don’t understand the process or they don’t think they make a difference.  There hasn’t been one of you that I’ve found that is not willing to have input.  Every one of you have indicated that you want to hear from people that are involved in the process. 

 

Mr. Cunningham stated the point is well taken.  One of the things we suffer with is we want to hear things from the community and we need to hear more voices to give us a more balanced perspective of what is happening out in the community.  We try to do it on our own, but it is not as successful. 

 

Mr. Bergwall stated he met with the Union County Builders Association last December regarding a Veterans monument project.  After that there were a couple of people that asked questions and I told them we would encourage them to come to meetings and provide input. 

 

(Mrs. Michel is talking but can’t make it all out because she is not at the microphone.)

 

Mr. Kraus stated back to the original discussion about the small lots in old Marysville, we have talked about this and it is on our to do list.  He stated he is not sure a new zoning district is appropriate.  If we have something in the code that says regardless of the zoning district you are in, if you have a legal lot of record with less than 50’ frontage and less than 5000 sq. ft.  in area then you are able to go to 40% lot coverage, within 2’ of the side lot lines for accessory buildings and your front setback should match your neighbors.  So if your neighbors is 15’ then yours is 15’.   As long as it meets these criteria then Mrs. McCoy can issue the permit.  A lot of people don’t go to BZA because it scares them.

 

Mr. Cunningham stated as a resident of old Marysville, I don’t mind the 40% coverage, but I do have a concern about the 2’ from the property line.  Mr. Kraus asked what about 5’.  Mrs. Penhorwood stated it is currently 5’. 

 

Mr. Yoder asked if someone wanted to add a garage couldn’t that be excluded and only count livable space.  Mrs. Michel stated livable square footage would help because right now decks and porches are counted in lot coverage.  Mrs. Penhorwood stated they are not.  When it comes to a deck or a porch that is not enclosed, the only thing that is looked at for zoning is the front, side and rear setbacks. 

 

Mr. Cunningham stated he does not disagree with the standards; he just wants to make sure the standards are applicable to 100% of the properties. 

 

Mr. Bergwall stated he is thinking we might get ourselves in a bind with the front setback.  Why wouldn’t we want to go by some date when most of the homes were built or the area was developed?  Our goal is to take older areas and let people make upgrades.

 

Mr. Griffin asked if this was going to be discussed tonight or what.  Mr. Cunningham stated it was brought up as citizen comment.  Mr. Griffin stated he would like to have an inventory of the problem lots.  That way we can see what we are dealing with.

 

Mrs. Michel stated she has been working on that but there are about 20 properties that are currently out of compliance.  Another thing that I have not been taking into consideration is the driveway having to be 3 ft. off of the lot line.  She stated some of the homes on Fifth Street have houses so wide that they have shoved the drives to one side to get back to garages in the back and typically these drives are right on the lot line.

 

Mr. Griffin stated he finds it difficult to deal with the problem until I understand the problem.  Mr. Cunningham stated setbacks that are currently not in compliance are a mute point because they are grandfathered in. 

 

Mrs. Michel stated one of the big problems is the small one car garages that are not adequate anymore.  In order for them to be able to tear down these garages and extend their driveway past the house and put the parking and garage in the backyard they have to get variances. 

 

Mr. Cunningham stated he agrees with Mr. Griffin, he would like to have a better understanding of what we are dealing with as a total in the city. 

 

Mr. Kraus stated he has some maps at home and it does not encompass the whole city by any stretch.  It is a portion of the city but would be able to give you some idea of what is out there. 

 

Mr. Cunningham stated an inventory and a little bit of a more in depth awareness and a public hearing to hear from others that may be running into the same problem is what we need. 

 

Mr. Schulze stated if you are running into a problem with uniform rules and how they would apply, maybe look at the process itself.  How much it cost, how hard is it and how the process can be made easier. 

 

Mr. Cunningham stated he would agree with Mr. Schulze. 

 

DISCUSSION ITEMS:  None

 

INDIVIDUAL COMMISSIONER COMMENTS:

 

Bergwall – He stated in reading the minutes from the joint meeting, on page 13, there were comments regarding the South Park wetland issue and about our strategy in not going after a firm answer as to whether or not it is a wetland.  He stated we are still considering doing work in this area and my concern is that is it pay me now or pay me later or are we really going to get by with a savings if we take a generous estimate on where the wetland actually is.  He stated the point is with just taking a guess and then making our improvements outside of that are we going to find out later on that we encroached on it and have it come back to haunt us.  Or are we in a position to be sure enough on where the wetland is to be outside of the box.  Let’s know what we are doing before we do it so we don’t have to undo something down the road.  Mr. Roush stated he is still trying to get with the Corp. of Engineers office on this. 

 

Mr. Bergwall stated this issue came up again tonight that if a developer has something that they want to bring before us ahead of the regular meeting, can they schedule a special meeting.  We tell them we’ll put it on the agenda, if we are already having a special meeting.  He stated why don’t we make it a provision in the ordinance that if the developer request a special and we can get it scheduled, and then they can pay for the meeting.  They can’t just pick and date and we have to go with it.  We would have to agree on a date, but they would have to foot the bill for the entire meeting.  Mr. Cunningham asked him to work with Mrs. Penhorwood and Mrs. McCoy to make sure all of the costs are covered. 

 

Mr. Griffin – None

Mr. Yoder – None

Mr. Cunningham – He stated he did attend the meeting that was sponsored by the American Institute of Architects in Columbus.  They were discussing density.  It was more about the value of density.  There is significant value to density in high demand areas. 

Mr. Kraus -  He stated there is a meeting at the Union County Services Building regarding farm friendly zoning.  Mr. Griffin stated he would like to attend and Mr. Bergwall stated that also.

 

ADJOURNMENT:

 

Meeting was adjourned at 7:55