CITY PLANNING COMMISSION
MINUTES
January 11, 2012
TYPE:
PLACE:
TIME:
Regular Meeting
City Building, City Council Chamber
6:30 P.M.
PRESIDING
OFFICER:
Tom Brickey
MEMBERS
PRESENT:
Chris Amburgey
Mike Dalton
Gary Gross
Tony Marconi
A.J. Smith, City Council Representative
STAFF
PRESENT:
Marty Kohler
Debbie Garitson
Joanne Mejias-Yancey
Pete Lindsey
Daniel Geroni
Mr. Brickey called the meeting to order and had the roll called. Mr. Kohler said that Candice Keller’s
term had expired and her replacement, Don Keffer, has yet to be appointed. Staff anticipates his
appointment taking place at Council’s next meeting.
Appointment of Chair
Mr. Brickey opened the floor for nominations for the chair position. Mr. Amburgey nominated Mr.
Brickey to continue to serve as chair. Mr. Dalton seconded. With no other nominations, Mr. Brickey
closed the nominations. Motion carried.
Appointment of Vice-Chair
Mr. Marconi nominated Mr. Amburgey to continue to serve as vice-chair. Ms. Mejias-Yancey
seconded. With no other nominations, Mr. Brickey closed the nominations. Motion carried.
Appointment of Representatives
Architectural Review Board
Mr. Dalton moved to have Mr. Marconi and Mr. Amburgey remain as the Planning Commission
representatives to the ARB. Mr. Gross seconded. With no other nominations, Mr. Brickey closed
the nominations. Motion carried.
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Appointment of Alternate Representatives
Architectural Review Board
Mr. Amburgey moved to have Mr. Dalton and Mr. Gross remain as the Planning Commission
alternate representatives. Mr. Marconi seconded. With no other nominations, Mr. Brickey closed the
nominations. Motion carried.
Appointment of Representative
Historic Commission
Mr. Gross moved that Ms. Mejias-Yancey remain as the Planning Commission representative to the
Historic Council. Mr. Dalton seconded. With no other nominations, Mr. Brickey closed the
nominations. Motion carried.
Appointment of Representative
Board of Zoning Appeals
Mr. Amburgey moved to have Mr. Dalton remain the representative to the BZA. Ms. Mejias-Yancey
seconded. With no other nominations, Mr. Brickey closed the nominations. Motion carried.
MINUTES
December 14, 2011
Mr. Brickey asked for additions or corrections to the meeting minutes of December 14, 2011. With
no corrections, Mr. Briickey entertained a motion by Mr. Dalton to approve the minutes as submitted.
Ms. Mejias-Yancey seconded and the motion carried via roll call.
PUBLIC HEARING
Use Adjustment Case #1-12
3224 Roosevelt Boulevard
Mr. Brickey said this case had been withdrawn by the petitioner. He read the letter in case there are
those present to hear the case. The letter read as follows:
Dear Mr. Kohler,
On behalf of Barbara Park Center, Inc., I submit this letter as formal notice that the above referenced
Use Adjustment case be withdrawn from the Middletown Planning Commission’s January agenda.
Please pardon any inconvenience this may cause you, the public, and the Commissioners.
Kind regards,
Rachel S. Lewitt, President
Barbara Park Center, Inc.
Finkelman Real Estate Agent
No action was needed for this item.
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CONTINUATION OF DISCUSSION
Wellington Manor – Planned Use Modification
Preliminary Development Plan Amendment
Multi-family Development on S. Towne Boulevard
Mr. Brickey introduced this case petitioned by Robert Wieneke on behalf of Adam Cristo, Trustee,
property owner. The proposal is to construct 216 apartment units on 22 acres on the CP
(Commercial-Professional Office Park) District wherein multi-family development is identified as a
modified use. The property is located on the west side of Towne Boulevard between Hendrickson
Road and Lefferson Road. Mr. Brickey reminded those in attendance this item was tabled at the last
meeting.
Mr. Kohler showed the site and explained the Planned Use Modified Development Plan Process. Mr.
Kohler showed an aerial map and the Master Plan map of the site. Mr. Kohler said if Planning
Commission should decide to recommend to City Council for approval of the new proposal and
Council approves, the 2008 proposal will become obsolete. However, if City Council denies the new
proposal, the 2008 proposal remains active unless Council chooses otherwise. Mr. Kohler said two
plans cannot be active for the same property at the same time. Therefore, the approval of this
amendment nullifies the previous approved plan.
Mr. Kohler showed the elevation drawings and said the applicant states the proposal will be of market
rate dwelling units and not subsidized. Since the last Planning Commission meeting, Staff has met
with the developer and all items have been addressed to the satisfaction of Staff with the exception of
the items listed on an e-mail received on the date of this meeting. These items are to be taken into
consideration and made part of the decision if Planning Commission so desires.
Mr. Kohler read the additional information received via e-mail from the petitioner on behalf of the
developer.
-In this new revised community, we will add laundry rooms with hookups for washers and dryers
-Increased ceiling heights
-Provide internet hookups for WI-FI service.
-Keep the average square feet of the units greater than 1000 square feet (largest for a garden
apartments community in the greater Middletown area)
-Many other updated features that are not currently found in this area
Mr. Kohler suggested Planning Commission list any other qualitative items they would like to see on
the final development plan. He added this plan calls for all two bedroom units. Mr. Brickey said he is
not sure of the average square footage of each unit. The previously submitted plan shows 1140
square feet per unit. The new request is for “average to be greater than 1000 square foot per unit”.
He suggested that this number needs to be locked in now. Mr. Kohler agreed.
With no questions of Staff, Mr. Brickey asked Mr. Cristo to step forward to answer any questions
Commission may have on the proposal. Mr. Cristo said he is requesting flexibility on the individual
unit square footage but the total average will be greater than 1000 square feet. After much
discussion, Planning Commission agreed, along with Mr. Cristo, that 850 would be the minimum
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square footage for a one bedroom apartment as long as the total square footage for the development
will be greater than 1000 square feet.
With no further discussion, Mr. Brickey asked for the Staff recommendation. Mr. Kohler said Staff
recommends approval of the revised plan (January submittal) subject to several conditions being
addressed with the Final Development Plan.
1. That all of the buildings have more natural materials incorporated into the exterior design per the
revised elevation drawings including the clubhouse/rental office.
2. That buildings 8 and 9 include have the same front natural material treatment and gables facing
Towne Blvd. as the parking lot side of the building.
3. That elevation drawings be submitted for the building adjacent to the pool and the gazebo with the
final development plan.
4. That trees be preserved to the extent possible at the south property line and that a heavy vegetative
barrier be used to screen the apartments from the single family homes.
5. That the park development impact fee be set at $450 per units which is consistent with the past
approval which allows for a $50 per unit reduction from the $500 requirement in recognition of the
provision of a swimming pool and basketball court.
6. That a variance be approved to allow for 24 units per building.
7. Approval of a variance to allow for individual units to be less than 1000 square feet but no less than
850 SF per unit as long as the average size of all units be at least 1000 square feet per unit. (Note
that common hallways do not count as living space for this calculation) Also while the development
plan indicates that all 216 units are to be two bedroom units, the Final Development Plan can have
more variety in the number of bedrooms. In exchange for this flexibility, the developer will provide
the following unit amenities:
a. Each unit will have a laundry room with washer and dryer hookups
b. Ceiling heights will be increased to a minimum of 9 feet
c. Units will provide internet hookups for WI-FI service
d. An outdoor playground will be incorporated into the Final Development Plan
8. That an additional lane for traffic be provided at the dumpster location and mailbox location in
order to maintain through traffic while these facilities are in use.
9. That the location of the storm drain lines be modified as to not interfere with tree planting islands.
10. That a revised traffic study be provided to justify the location of the access points for this site
prior to submission of the Final Development Plan.
11. That a drainage study must be provided to the Engineering Department.
12. That all past fees be paid prior to the processing of the Final Development Plan for Planning
Commission consideration.
Mr. Kohler reminded Planning Commission that in making this decision they need to make the
following findings:
Consistent with Zoning; Ordinance. That the development plan is consistent with the general intent
and purpose of this Zoning Ordinance, and that it complies with all applicable requirements and
conditions in accordance with the provisions of this Zoning Ordinance;
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Unified design. That the proposed plan consists of one or more groups of buildings of integrated and
harmonious design and construction, together with adequate and properly arranged traffic and
parking facilities; and
Adjacent property; no adverse effects. That the property adjacent to the area included in the plan is
not likely to be adversely affected thereby, and that the general character of all proposed buildings is
compatible with the surrounding neighborhood.
Mr. Gross asked if a motion was needed to change the title on the development plan as it says “all
two bedroom” for buildings 5 & 6. Mr. Kohler says a notation will be made to City Council as for
the developer to not incur additional engineering fees.
With no further discussion, Mr. Brickey said even though the public hearing had been closed at the
December meeting, there are those in attendance wishing to voice their concerns. He invited those
wishing to speak forward.
Mr. Steve Mikula said they have collected signatures on a petition. He gave the petition to Mr.
Brickey. Mr. Mikula voiced concerns of their neighborhood property value depreciating and read
sections of an article from the Middletown Journal. The article stated that property values had gone
down 8% in Middletown. Mr. Mikula asked how Middletown would react to additional crime in the
area with less protection since laying off public safety personnel. Mr. Mikula said Middletown needs
more jobs not an apartment complex.
Mr. Dalton moved to receive and file the petition as presented by Mr. Mikula. Mr. Amburgey
seconded and the motion carried unanimously.
Mr. Mark Coutu said he grew up in Florida and moved to Middletown. He said he lives in one of the
houses on Arbor Court that its back yard, with a privacy fence, can be seen by the upper floors of the
apartment buildings. Mr. Coutu asked how many vacant houses/ apartments Middletown needs. He
said Middletown needs to grow that area to create jobs not build apartments when there are already
so many empty in the city.
With no one else to address Planning Commission, either in favor or opposition, Mr. Brickey asked
for questions or comments of staff.
DECISION
Use Adjustment Case #11-11
Wellington Manor – Planned Use Modification
Preliminary Development Plan Amendment
With no further discussion, Mr. Brickey entertained a motion by Mr. Marconi to approve the Staff
recommendation as presented. Mr. Amburgey seconded and the motion carried unanimously via roll
call vote.
Mr. Kohler said this decision will be forwarded to the Middletown City Council for further
consideration. An additional public hearing will be held for this proposal. The surrounding property
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owners will be notified of the public hearing.
CONFIRMATION
Use Adjustment Case #11-11, 2080 Oxford State Road
Mr. Brickey said this is a confirmation of the Decision to regarding an application by Mark A. and
Mary A Frasik, property owners to establish a used car sales business in the I-2 General Industrial
Zoning District wherein such uses are not permitted.
DECISION
CONFIRMATION
Use Adjustment Case #11-11, 2080 Oxford State Road
With no discussion, Mr. Brickey entertained a motion by Mr. Marconi to approve the confirmation as
presented. Mr. Amburgey seconded and the motion carried.
CONFIRMATION
Minor Amendment to the Timbers and Miller Ridge Development
Mr. Brickey said this is a confirmation of the decision regarding an application by Kleingers
Associates on behalf of property owner Courtney Duff to consolidate two single family lots and a
portion of another single family lot into a single lot.
DECISION
CONFIRMATION
Minor Amendment to the Timbers and Miller Ridge Development
With no discussion, Mr. Brickey entertained a motion by Mr. Dalton to approve the confirmation as
presented. Ms. Mejias-Yancey seconded and the motion carried.
Adjournment
Mr. Brickey welcomed the new City Council Representative, A. J. Smith. And with no further
discussion, Mr. Brickey asked for a motion to adjourn. Mr. Dalton moved to adjourn. Ms. MejiasYancey seconded and the meeting adjourned via roll call at 8:13pm.
Tom Brickey
Chair
Martin D. Kohler
Secretary
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The next regular session of Planning Commission is scheduled for Wednesday, February 8, 2012.
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