PLANNING COMMISSION MEETING

MINUTES OF MEETING OCTOBER 2, 2006

 

CALL TO ORDER:

 

The Vice-Chairman called the meeting to order at 7:00 p.m.   He stated the chairman called and has a commitment he could not get out of and will not be here this evening.

 

PLANNING COMMISSION MEMBERS PRESENT:

 

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

 

OTHERS PRESENT:

Dennis Schulze, Catherine Cunningham, Vic Steinfels, Bob Bachtel, Meg Michel, Phil Roush and Tammy Penhorwood, Secretary.

 

APPROVAL OF MINUTES:

 

Planning Commission Meeting- September 5, 2006- Mr. Kraus made a motion to approve the minutes as written.  Voice vote was unanimous.  Motion passed.

 

Planning Commission Special Meeting- September 20, 2006- Mr. Griffin made a motion to approve the minutes as written. Voice vote was unanimous.  Motion passed.

 

ADMINISTRATION COMMENTS:  None

 

CITIZEN COMMENTS:  None

 

OLD BUSINESS:

 

Approval of Final Plat – Galbury Meadows – filed by Mid-Ohio Holding Co.- tabled from 9-5-06

 

Mr. Vic Steinfels stated they will be requesting a continuance of the submission of the Final Plat for approval.  He stated they are strictly at the point of trying to finalize the details with the banks.  There are four banks involved and we are waiting on one more bank to give us their letter of commitment.  He stated the condo section has become paramount in the ability to get this project financed because of the slow down of the residential market.

 

Mr. Yoder asked if they would have it ready by next month.  Mr. Schulze stated it should be ready within a week to ten days.  He stated if the commission is going to hold the special meeting scheduled for the 16th they would like to be on that agenda.

 

Mr. Roush stated he talked to Mr. Steinfels and one of the issues that came up is the final plat that is before the commission now has 42 lots.  The bank would like to see them do fewer single family lots and include the condo lot in phase one.  He stated the question is if they want to change the composition of the final plat and include only 25 lots instead of the 42 can we treat is as a substitution.  He stated he thinks it makes sense to consider this but we would have to talk to the Law Director for the legal part.

 

Mr. Seymour stated this is just changing the phasing.  Mr. Schulze stated yes it is the same layout; we’re just changing what is being done first.

 

Mr. Kraus stated he thinks that is if the only thing that is changing is what part is being done first, then a substitution works.

 

Mr. Griffin stated he thinks there needs to be a legal opinion.  He stated he does not want to agree to the substitution and then find out that legally it can’t be done. 

 

Mr. Steinfels showed the commission where the new phase line would be. 

 

Mr. Kraus stated if the developer is going to change the phasing, with the new proposed phasing line, there would need to be a temporary turn around on the main road in.  He stated if they are looking at changing the phasing plan they will need to get the plans to the city building so the commission will have time to review the plans prior to the meeting. 

 

Mr. Griffin stated if this information, bond and plans, is not available for the meeting of the 16th, when would you have the information available.  He stated he hates to see this keep coming back and have to keep being tabled. 

 

Mr. Steinfels stated if he can’t have this done by November then we will have to look at an extended date for the tabling.

 

Mr. Kraus made a motion to table the final plat until the October 16th meeting with the understanding that all the necessary information will be provided before the meeting.  Failure to provide the information will automatically table it until the November 6th meeting.

 

Mr. Yoder   Yes    Mr. Kraus    Yes    Mr. Seymour         Yes    Mr. Griffin   Yes

 

Motion passed

 

NEW BUSINESS:

Approval of Final Plat - Woods at Mill Valley North Phase 1 Part 11- filed by R.D.

Zande and Associates

 

Mrs. Catherine Cunningham stated they are here to ask that this item be tabled because of the bond posting.  She stated today it became apparent that the bond had not been posted and we were not able to get it together today.  She stated they will be able to have it ready for the meeting on November 6th.

 

Mr. Seymour stated questions came up recently regarding the park for this section. 

 

Mr. Roush stated when the preliminary plat was approved in September of 2002 one of the items the city staff asked about was the time frame of the completion of the park.  As part of the planning commission’s input, Don Plank, who was representing Dominion Homes, stated that the path will be built within a year after approval of the final plat that dedicates the parkland.  The final plat drawings have been amended twice since the initial approval.  All of the revisions have included a note on the plat that the park improvements will be made and the proposed park area will be dedicated to the City of Marysville after the final phase adjacent to the parkland is accepted to the city. 

 

Mr. Seymour stated when he was giving an overview of activities at the City Council meeting, I told them this section would be coming before us.  Mr. Reams brought the question up of the progress of the park. 

 

Mrs. Cunningham stated when the next phase is platted it will include the park because it is the last phase adjacent to the park.  She stated when they rephrased in 2004; it was done in such a manner that the park would be dedicated sooner.  With the way it is phased right now the platting of the park is about a year away.

 

Mr. Seymour stated this park overall has been progressing in stages, is this the last stage.  Mr. Roush stated no, there is actually a section of land north of Mill Wood Blvd. to where the Wood of Mill Valley North Starts, which the land was committed to be given to the City of Marysville but there were no improvement to be done.  Mr. Kraus asked if that land has been deeded to the City of Marysville yet.  Mr. Roush stated we have not taken ownership of it.

 

Mr. Griffin asked if something was to happen that would be economically devastating to Dominion Homes, and they were not able to complete the phases, what assurance does the city have that the park will be complete. 

 

Mrs. Cunningham stated she is not sure.  Mr. Griffin stated he knows that bonding covers some things but is not sure it would cover this.  Mr. Roush stated the bonding is done phase by phase.  He stated there is the potential that if something does happen to Dominion that it may not get done.

 

Mrs. Cunningham stated it is part of the preliminary plat as the open space requirement.  This property can not be transferred without doing some type of plat.  Mr. Roush stated probably the worst thing that would happen would be to lose the trail system. 

 

Mr. Griffin asked with the initial preliminary plat was the last plat going to be the one to trigger the development of the park.  Mr. Roush stated yes. 

 

Mr. Kraus stated as he reads 1109.01, regarding performance bonds, the cost of the trail could be included because it covers the cost of all of the improvements. 

 

Mrs. Penhorwood stated in 1107 it refers to open space.  The options for the developer are at the option of the planning commission the developer will be required to either pay a parkland fee or develop a park or recreation area.  At the time of the preliminary plat the developer with planning commission’s approval chose to develop a park.  If they did not follow through with that, it seems they would have to pay the parkland fees.

 

Mr. Kraus stated he would suggest for Mrs. Cunningham to get with Dominion and see if a plan can be put together so this park is done next year.  He stated this is just one of the right things to do.

 

Mrs. Cunningham stated she would discuss this with them. 

 

Mr. Yoder made a motion to table the approval of Final Plat for Woods at Mill Valley North Phase 1 Part 11 until November 6th meeting at the request of the applicant. 

 

Mr. Kraus    Yes    Mr. Seymour         Yes    Mr. Griffin   Yes    Mr. Yoder   Yes   

 

DISCUSSION ITEMS:

 

General Issues  - None

 

INDIVIDUAL COMMISSIONERS COMMENTS:

 

John Cunningham - Absent

Alan Seymour - None

Ken Kraus – He asked if anyone had any questions regarding the stuff that was passed out at the last special meeting that is to be discussed at the October 16th meeting. 

Don Bergwall - Absent

Pete Griffin- None

Roger Yoder – He stated now that Best Buy is under construction he is going to keep his eye on it to make sure it complies with what was approved at the Design Review meeting.  He stated he read somewhere that a city was writing legislation to eliminate parking lots for expansion of retail of sales.  We have Ace Hardware, K-mart and the old Wal-Mart that does this.  He stated he finds this to not be very ascetic and would like to discuss this at a later date.  He stated is would be alright if it was something temporary, just not months at a time or on a permanent basis. 

 

Discussion held regarding the National Guard meeting being held on the 16th.  Mr. Kraus made a motion to move the special meeting scheduled for Oct. 16th from 6:30 to 7 pm.

 

Mrs. Penhorwood stated at the last special meeting she was asked to ask Mr. Aslaner if state and federal agencies have to comply with the city zoning regulations.  Mr. Aslaner stated they do not have to but they should follow as many as possible.

 

ADJOURNMENT:      

 

Meeting was adjourned at 7:53 p.m.