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Home My WebLink AboutMinutes PC 06-21-22 playground equipment, firepits,and mowing/cutting down vegetation in the TPAs.As an employee of the City, it's my understanding that Republic doesn't think is their problem.I would ask you to come to Committee with some ideas in how to deal with this problem.If JG is not in compliant with the PUD,I'm reluctant to sign off for any future approvals for JGV. Larry Moon: I will look into this. I know we have had issues.There are many homeowners that abut to this ITPA and take advantage of it. The HOA has contacted these homeowners.We are dealing with it,but I can't say that we are in 100%in compliance. I can bring a report to Committee in what we have done so far. Alan: We take the PUD and commitments set by this PC very seriously. If a homeowner doesn't follow the rules of a TPA,the HOA needs to take responsibility for their actions. We want to keep this area within JG as a true TPA. A Motion by Rider and seconded by Kirsh to send to the July 5 Residential Committee with it coming back to the full Plan Commission for a final vote. Approved 6-0,Grabow,Holle,Zoccola. Old Business: 2. Docket No.PZ-2022-00025 PPA: Five-Ten Subdivision Amendment. 3. Docket No.PZ-2022-00053 SW: Five-Ten Subdivision Street Frontage Waiver-UDO Sec.7.17.A: Lots shall have direct access to a public street,Access from an alley and an access easement requested. The applicant seeks primary plat amendment approval to reconfigure 2 lots and 2 blocks into 3 lots on 1.95 acres. The applicant also seeks a design standards waiver to allow to 2 new lots to be created that front on the Monon Greenway instead of a street. The site is located at 510 1st Avenue NW and is zoned R2/Residence within the Old Town Overlay Zone and Monon Overlay Zone. Filed by Tom Lazzara of Custom Living. Petitioner: Tom Lazzara: • Our proposal is to take a two block and two lot subdivision and amend it into a three-lot subdivision • Presented site plan,one of the landlocked lots will be created into one lot(lot 3).The south block will have an access waiver for a private drive,and two custom homes. • The Schwartz family were the previous landowners,and they are here tonight in support.The submitted an affidavit for this hearing,and it was their intent to not restrict any kind of development on these lots. • In 2001 when the Schwartz family amended this subdivision,there was an existing 150-ft easement,the JW Marrow line,and it ran through the backyard,making it undevelopable. The Petitioner worked with the Hamilton County Drainage Board,and had this easement removed,now making these lots developable. • In the last 20 years a great deal of redevelopment has occurred in this area of Cannel • I met with the CFD,and they are able to maneuver a ladder truck with correct turning radius to these proposed lots. We will also install a new fire hydrant to service these proposed lots and existing surrounding lots. • Presented aerial map to show the homes in this area with 10-ft access alleys and 20-ft access alleys • It would take 9 to 11 seconds for the future homeowner to exit the proposed 160-ft alley that accesses 1'Ave NW • I met with the Urban Forester on site,and he said we are meeting all the landscaping requirements. We will be preserving the 55-ft TPA that runs from the Monon to these lots. • I met with Cannel Engineering to see if they have any traffic concerns,and they did not have any concerns with the traffic and the private access drive to these two proposed lots • Mail is delivered by walking to the mailboxes located by the front door and the homeowners' trash cans are required to be rolled to the street for pickup(1st Ave NW) Department Report: Alexia Lopez • Staff is in support of this PPA and SW • The new lots are in character with the surrounding properties,the proposal meets the goals of the Comp.Plan,and it is considered best fit next to the surrounding properties. Old Town and Monon Overlay standards will be met. • TPA will be required along the Monon,and they updated the plat to show this • Two homes currently use the public access alley,and this proposal will add just two more homes • The Committee discussed the deed restriction on the plat,and City Legal Dept. stated that because the grantor and grantee of the deed restriction are the same,the PC doesn't have the limitations to remove that restriction on plat • Staff recommends approval of both items. Committee Comments: 3 Plan Commission Minutes 6-21-22 Jeff: Were there discussions what would happen to the remaining lot that won't be developed?Josh: The two other lots will be become one lot.Jeff: Will lot 3 ever be split?If so,how would you access this lot?Tom Lazzara: It's not our intent to develop lot 3.The reason we didn't include it in our development because it's a nice big backyard. Potentially a new alley would be developed to the north and you can gain access to lot 3. Dubbie: What did Legal Counsel find out the difference between the restrictions on a plat vs on a deed. Sergey Grechukhin: We are dealing a with a restrictive note,and it's different from a restrictive covenant. It usually has a grantor and grantee.For this case,the grantor and grantee are the same thing. I'm not sure if we are dealing with a true restrictive covenant here.It's a restrictive note. I don't read this restrictive note as restricting residential development in perpetuity.As long as the Petitioner complies with all the applicable governmental restrictions,ordinances,and regulations,these lots can be developed. A Motion made by Hill and seconded by Westermeier to approve Docket Nos.PZ-2022-00025 PPA and PZ-2022- 0053 SW.Approved 6-0,absent Grabow,Holle,Zoccola. New Business: 4. Docket No.PZ-2022-00073 ADLS: Genesis Auto Dealership. The applicant seeks site plan and design approval for a new auto dealership.(This is the anticipated dealership as part of the Napleton Auxiliary Lot and Detail Center project—Docket No. PZ-2021-00048 DP/ADLS.)The site is located at 4240 E. 96th Street. It is zoned B-3Business District. It is not located within any overlay zone. Filed by Rick Lawrence of Nelson&Frankenberger on behalf of EFN Crossroads Property,LLC. Petitioner:Jon Dobosiewicz,Nelson&Frankenberger: • With me tonight is Tim Dimmit of Genesis,and Rick Lawrence of Nelson&Frankenberger • Presented site location map, site plan,perspective illustrations and elevations • In 2021,a site plan included an auxiliary lot and detail center.This request is limited to the architecture of the 9,000 sq.ft building and the lighting, landscaping, and signage that will surround it. • We will work with Planning Staff on our variance request regarding the proposed signage • We will work with the Urban Forester on the species substitutions for a few trees Department Report: Rachel Keesling • The project meets all requirements of the zoning district,except for the proposed signage,which require variances. The proposed signs meet the size requirements,just the number proposed will need a variance. • Landscape plan will be updated by switching out tree species that work better adjacent to automobiles • They meet the minimum parking requirements and lot coverage • A cool feature of the building will be a skylight over a central atrium/garden area • The Petitioner provided an updated lighting plan and meets our requirements • Staff recommends approval at tonight's meeting, subject to the variance approval for the number of signs and that the Petitioner will address any remaining comments in ProjectDox Committee Comments: Kevin: I don't want any employees to park on Randall Drive. When cars get delivered, I don't want the trucks to park on Randall Drive. Have your contractors leave south,and not north?Tim Dimmit,Genesis: I can agree to these terms. A Motion made by Hill and seconded by Rider to approve PZ-2022-00073 ADLS contingent upon BZA approvals and the Petitioner addresses all comments in ProjectDox. Approved 6-0,absent Grabow,Holle,Zoccola. Meeting Adjourned at 7:12 p.m. Jl�.hestak PC Secretary Alan Pota ik Vice President 4 Plan Commission Minutes 6-21-22