MEETING OF THE EATON PLANNING BOARD
ON AUGUST 8, 2006
AT 7:00 P.M., IN COUNCIL CHAMBERS
The Eaton Planning Board met in regular session in Council Chambers on Tuesday, August 8, 2006, at 7:00 p.m.
The roll was called and the following were found to be:
Present : Ron Coleman
Tim Lane
Harold Geeting
Gary Wagner
Tom Jordan
Absent: Steve Deffner
Stanley Spencer
Also in attendance were City Manager Dave Daily, Projects Manager Joe Ferriell, Mayor Bob Stonecash and Acting Law Director Rebecca Ferguson.
MINUTES:
The minutes of the July 11, 2006 meeting were read. A motion to approve the minutes was made by Harold Geeting and seconded by Gary Wagner. The motion passed as follows:
Ayes: Coleman, Lane, Geeting, Wagner, Jordan (5)
Nays: None
SWEARING IN:
All members of the audience anticipating to testify before the Board were asked to raise their right hand and be sworn in. The secretary administered the oath or affirmation to the audience.
Z-06-06 - Zoning Amendment - Michael Kinzie - 1417 East Main Street:
The applicant has applied for a Zoning Amendment to rezone 1417 E. Main Street from ‘C-2’ community commercial to ‘I-1’ light industrial for the purpose of enclosed self-storage.
The Public Hearing was opened and Dirk Earley was present to represent the applicant and Mr. Kinzie was also in the audience.
Mr. Earley stated that the title owner of the property is Eric Deeter. He has sold the property, on land contract, to Norma Stapleton, who entered the contract to sell it to Mike. It is believed that by September 18th, Mr. Kinzie will be the new owner of the property. It is his wish to put interior, climate-controlled storage in the building and also clean up the outside of the establishment.
Mr. Geeting addressed the issue of the fence around the building in that when it was first installed it was over the property line. Mr. Earley said that problem had been taken care of after the letter from Glatz Investments was sent to Mr. Deeter, but as far as he knows there has not been a new survey done.
The Board stated that they did not have any problems with the Conditional Use on the fact that with the zoning change going through and then if the deal fell through with Mr. Kinzie, we would have a lot out there that about anything could go into. Mr. Earley did say that the were asking for the zoning to be condition on Mr. Kinzie being the owner, but there would still be the problem if at some time in the future Mr. Kinzie decided to sell the building and lot. After taking a second look at the UDO it states that the Board would have control over most businesses through the Conditional Uses in the ‘I-1’ district.
Gary Wagner made a motion for a favorable recommendation to Council for the approval of this Zoning Amendment, Z-06-06, with the stipulation that it is on condition upon the sale of the property to Mr. Michael Kinzie. Tim Lane seconded the motion and it passed as follows:
Ayes: Coleman, Lane, Geeting, Wagner, Jordan (5)
Nays: None
PB-06-03 - Conditional Use - Michael Kinzie - 1417 East Main Street:
The applicant has applied for a Conditional Use permit to be allowed to construct an Indoor Climate-Controlled Storage building from the existing structure at 1417 East Main Street.
Mr. Kinzie has found a building in the City that is suitable for a climate-controlled storage. At the same time he would be cleaning up a section of the City that you see when you first enter the City.
Mr. Ferriell said that City staff had reviewed the application and found that it did meet the nine general standards for a Conditional Use. He also stated that he visited the site with Chief Crowe and he was fine with the application.
It was made clear that the outside storage of semi, RV’s or any type of outside storage would not be permitted on the property.
Ron Coleman made a motion for favorable recommendation of this application as it does meet the applicable standards of 1113.01. Harold Geeting seconded the motion and it passed as follows:
Ayes: Coleman, Lane, Geeting, Wagner, Jordan (5)
Nays: None
MJ-06-03P & MJ-06-03F - Major Subdivision (Preliminary & Final) - M&K Development - Rolling Hills Estate - Section # 4 - East High Street:
Brad Kramer of Kramer & Associates was present to represent both applications. The Preliminary and Final were combined due to the fact that most of the Planning Board are familiar with the subdivision and have been involved from Section #1. Mr. Kramer informed the Board that this would be the final extension of East High Street.
The drainage reports and everything has been submitted to the Projects Manager and nothing has changed from the submittal and acceptance of Section #1.
We did go to Kramer’s and ask for a 15 foot easement from the waterline north between Lots #38 and #39, should we want to continue the water line further north and loop around to East Avenue. This should be addressed on the Final Plat and Mr. Kramer said that would happen. The subdivision does fall into place in the Comp Plan for the City.
Due to the fact that open park space was provided in a previous section they are asking that the City Manager would waive the requirement for additional park space in this area.
Gary Wagner moved for the approval of the application, preliminary plat, final plat in that it meets the applicable standards of 1115.06, Major Subdivision. Ron Coleman seconded the motion and it passed as follows:
Ayes: Coleman, Lane, Geeting, Wagner, Jordan (5)
Nays: None
MSP-06-03 - Major Site Plan - Humble Construction (Bullen Ultrasonics) - 950 S. Franklin Street:
Lori Oldiges of Humble Construction was present to represent this application. The application is requesting to make the revisions to the site of the property that was just purchased by Bullen Ultrasonics, the 9 acres, to extend their employee parking lot over onto that property and to re-route all the storm water around to a new retention pond.
The new retention pond will be elevated and the overflow will be 98 and that is above the flood plain. There will also be a truck dock added.
There was some discussion about a buffer being needed in this district. Projects Manager, Joe Ferriell, said he didn’t think that was necessary and could be waived.
Due to the fact that the property is surrounded by agriculture the buffer would not be needed. Rick and Andy also review this application and had no problems.
Gary Wagner made a motion to approve this application with the stipulation that we waive the buffer requirement. It does meet all the applicable standards of 1115.08. The motion was seconded by Tim Lane and passed as follows:
Ayes: Coleman, Lane, Geeting, Wagner, Jordan (5)
Nays: None
Z-06-07 - Zoning Amendment - City of Eaton - Amendments to UDO:
City Manager Dave Daily approached the Board and advised them that we were again working with the UDO and trying to make it easier to work with. We are trying to make it easier for the people in the Historic District to make application and to receive approvals in a more timely manner and to also eliminate the fees.
1105.05 Historic District Review Board
(b) Duties and Responsibilities:
(1) struck make recommendations
to Council - replaced to act upon applications
for - on
1105.08 Council
(b) Duties and Responsibilities:
(3) replaced with Hear the appeals
of applicants of Certificates of Appropriateness and to determine the
reasonableness of decisions made by the Historic District Review
Board; - struck - Act upon the recommendations of the Historic
District Review Board regarding applications for Certificates of
Appropriateness in the Historic Overlay District;
1105.09 Fees
Remove - Certificate of Appropriateness $50.00
1109.04 Historic Overlay District
(c) Applicability:
(2) struck - may recommend and/or
Council
(d) Certificate of Appropriateness Required:
A. struck - Council
- replaced with - the Historic District Review Board
B.
struck - Council - replaced with - the Historic District Review Board
C. added - significant
(e) Process: struck - make a recommendation to Council
- added of review - struck - to - added a majority vote of the Board.
- struck
permission of Council.
Added - (1) Applicant may appeal the decision of this Board to Council. Applicant may request of the Clerk of Council that the application be placed on the agenda of the next scheduled Council Meeting at which a public hearing can be held. Council will hear the appeal of the applicant and it shall be the responsibility of a majority of Council to determine the reasonableness of the decision of the Historic District Review Board. Council may approve, deny, or grant with modifications or conditions the decision of the Board; or approve the application subject to additional conditions and restrictions to which the owner has agreed.
(f)
(4) struck - and which have approved by Council,
(g) added - on the appeal of the applicant
(4) struck - that
1115.13 Approvals by -
struck - Council - added - the
Historic District Review Board
(a) Council The Historic District
Review Board
(b) Submittal Requirements:
(1) General Submittal Requirements:
A.
struck - Temporary Use Permit -
added - Certificate of
Appropriateness
C. added - after consultation with the City Engineer, may waive requirements, if in his judgment, the project is minor in nature or he
E. Payment of the application fee as established by section 1105.09;
F. changed to E
G. changed to F
(c) Process:
(3)
struck - and the
application fee has been paid,
(6)
struck - Recommendation
- added Action:
added decide whether
- struck - make a recommendation to City Council that
- added - by
a majority vote of this Board.
(7) removed
(8) removed
(9) changed to (7) Action
by City Council: Council shall consider the appeal of applicants of
decisions of the Historic District Review Board application at
its formal public meeting. The Clerk of Council shall schedule a public
hearing on the appeal for a Certificate of Appropriateness.
Notice of the hearing shall be provided at least once in one or more newspapers
of general circulation in the City. The notice shall be published at least
five (5) days before the date of the hearing. The notice shall state the time
and place of the hearing and a summary of the appeal.
(d) removed
d (e) added upon
appeal,
These changes were made to make it easier to do minor changes to your buildings in the Historic Overlay District. Council is very sensitive to this and will keep close check on it this next year to see if we need to make any other changes.
Harold Geeting made a motion to approve the above amendments to the UDO including chapters 1105.05, 1105.08, 1105.09, 1109.04 (d) and 1115.13. This motion was seconded by Tim Lane and passed as follows:
Ayes: Coleman, Lane, Geeting, Wagner, Jordan (5)
Nays: None
OLD BUSINESS:
AB-04-11 - Conditional Use Permit - Barbara Felton - 310 North Cherry Street:
The Appeals Board passed this Conditional Use Application in August of 2004 with an August 8, 2006 review date. This was a conditional use permit to operate an adult care center at the above address. Barbara Felton of Circle of Life Adult Care Center approached the Board to update them on the care center. She gave them a time line as to how long it took to get the center ready to open and that wasn’t until February of this year. They are not aware of any problems with the neighbors or anyone else in the area, with their operations. She is requesting an extension of the Conditional Use issued in 2004.
To date they have had one patient and have space for 16 total. They have notified all of the physicians and nursing homes in the area to make them aware of their services and hope it will become something they need. It is a service that is needed in Preble county.
Mr. Ferriell informed the Board that the City has had no complaints about this business during the two years it has been there.
The Board discussed that since it has only been open since February of this year it is hard to tell what could really happen. It would be better to take a look at it again in two years than to just grant an open conditional use.
Gary Wagner made a motion for an additional two-year conditional use permit for the Circle of Life Adult Day Care and it was seconded by Harold Geeting. The motion passed as follows:
Ayes: Coleman, Lane, Geeting, Wagner, Jordan (5)
Nays: None
The application will be reviewed August 12, 2008
Chairman Jordan informed the Board that the Appeals Board is working with Big Hill, Gmac, on South Barron Street, on increasing their variance and conditional use. That will be looked at again next month. They did go ahead and increase on their variance quite a bit and they also have a conditional use that will be reviewed.
NEW BUSINESS: None
ADJOURN: Ron Coleman made a motion to adjourn and it was seconded by Harold Geeting.
Ayes: Coleman, Lane, Geeting, Wagner, Jordan (5)
Nays: None
____________________________________ __________________________________
Secretary Chairman