Minutes - Agenda - The City of Huer Heights

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Minutes - Agenda - The City of Huer HeightsOF,of,THE,The,the,city,City

    Planning Commission

    September 24, 2013 Meeting

    City of Huber Heights

    I. Chair Terry Walton called the meeting to order at approximately 7:00 p.m.

    II. Present at the meeting: Mr. Wilson, Mr. Layton, Ms. LaGrone, Mr. Rodriguez,

    and Mr. Walton.

     Members Absent: None.

     Also Present: Tyler Starline, Council Member; Scott Falkowski, Assistant City

    Manager; and Margaret Muhl, Planning Department.

III. Opening Remarks by the Chairman and Commissioners


IV. Citizens Comments


V. Swearing of Witnesses

    Mr. Walton explained the proceedings of tonight’s meeting and administered the

    sworn oath to all persons wishing to speak or give testimony regarding items on

    the agenda. All persons present responded in the affirmative.

VI. Pending Business


VII. New Business

    1. REPLAT The applicant, D A REALTY & DEVELOPMENT, is requesting

    approval to replat in order to create a new parcel so the property could be

    redeveloped into a new use. The property is located at 8100 Old Troy Pike

    (ZC 13-36).

    Scott Falkowski stated this property is the former Wendy’s Restaurant. Years ago

    when the interchange was improved a median had been placed on Old Troy Pike.

    This turned out to be a detriment for this property. Access to the site is hindered

    from the left turn in and out. The building has been vacant for a number of years,

    and now the property is to be redeveloped. The Mattress Firm is a retail store

    who plans on demolishing the old building, and constructing a new structure.

    The property is zoned B-3. All Code requirements are being met. BZA granted a

    variance in connection with signage for this site.

    Planning Commission Meeting

    September 24, 2013

    Before the Planning Commission is the replat. The Mattress Firm does not require use of the entire site. The property itself runs along I-70 and goes back to the Target parking lot. He proceeded to show the portion of the site that Mattress Firm would require for their operation. He stated further that the area is approximately 145' x 200’ plus for a .7 acre lot.

    Lot #2 is slated for future development. There is an access point off Old Troy Pike, and Mr. Falkowski proceeded to show the area that could be used for future development. If a new use did not meet zoning requirements, an application could be submitted to this Commission for a rezoning.

    The split meets all current Code requirements. The only item not on the record plan which he added to the Decision Record was to include all applicable easements. He proceeded to show the curb cuts on the map.

    Ms. LaGrone asked if the access easement included access to the back lot from SR 202. Mr. Falkowski stated there was a connection and proceeded to show its location on the map. He added that he is recommending a portion he proceeded to show on the map as an access easement. A recorded easement has not been located for that area. Ms. LaGrone asked for more details regarding the new lot being created. Mr. Falkowski proceeded to show on the map the boundary lines for the new lot being created. He also showed on the map the location of the flag lot.

    Mr. Layton stated that access is limited off SR 202. Mr. Falkowski confirmed. Mr. Layton further proceeded to state what access would be available to the site. Mr. Falkowski stated the developer for the site in question is aware of the limitations, and still wants to locate to this site. There is good visibility from the highway. Options are available. Mr. Falkowski proceeded to explain some of the options on the map.

    Mr. Layton stated many semi-trailers park in the back area by the hotel. He felt that could cause parking issues if the other parcel is ever developed. He suggested the new owners negotiate with Target regarding access to their parking lot.

    Mr. Falkowski stated that would be problematic because there is a grade change in the area. It could be done, but there would be a cost. The trucks parking at the rear were doing so illegally. Probably because the building had been abandoned, the trucks found it easier to park.

    Mr. Falkowski stated they discussed the right-in/right-out aspect with the developer. This retailer is more of a destination and not a random stop site.

    Tom Marsh stated he is with McDougal-Marsh Land Surveyors and explained he is representing the developer and the applicant. He stated there is a slight change he wants to make everyone aware of. He explained there was an omission of residual property during previous transfers done 5-10 years ago. He proceeded to submit a new drawing.


    Planning Commission Meeting

    September 24, 2013

    Mr. Falkowski stated that no one contacted him regarding the change. He added

    that lately it appears that Montgomery County is catching past errors. It appears

    the older deeds had never been recorded. He stated they are cleaning up the

    right-of-ways, and it would not affect the lots at all.

    Mr. Marsh stated that the changes would not impact their project.


    Ms. LaGrone moved to approve the request by the applicant, D A Realty & Development, of a replat of property located at 8100 Old Troy Pike in order to create a new parcel so the property could be redeveloped into a new use in accordance with Staff’s Memorandum dated September 18, 2013, and the Planning Commission Decision Record attached thereto.

    Mr. Wilson asked if the Decision Record needed to be amended to reflect the change that Mr. Marsh had submitted this evening. Mr. Falkowski stated that condition #1 could be amended to reflect the date of September 24, 2013.

Mr. Layton asked about the Fire Department’s comments on this site.

    Mr. Falkowski stated that Fire has multiple points of access to the site, and he proceeded to show those on the map. He added that the Fire Station was directly south of the site.

    Mr. Layton reiterated how the Fire Department would have to exit the site. Mr. Falkowski stated that such comments would be on the plans themselves. He reminded the Commission that the replat was before them this evening. He added there were similar types of areas in the City that the Fire Department made work. He added the City would not allow for a cut to be made in the median because it would be hazardous.

    Seconded by Mr. Wilson. Roll call showed: YEAS: Mr. Wilson, Mr. Layton, Ms. LaGrone, Mr. Rodriguez, and Mr. Walton. NAYS: None. Motion carried 5-0.

    Mr. Walton asked about the next step for the applicant. Mr. Falkowski explained that the easements would have to be shown, and then the plans submitted to Montgomery County for recording.

2. FINAL PLAT The applicant, DEC LAND CO I LLC, is requesting approval

    of a Final Plat for Section 2, Phase I of the Carriage Trails Development (ZC


    Scott Falkowski stated the Detailed Development Plan for this section was approved in June, 2013 by this Commission. Currently, it is under construction and there are 26 single-family lots in this section, along with one open space lot. They are 50’ lots with 130’ depth. This section is located on the south side of Carriage Trails Parkway.

    This is a new market with smaller lots. Eventually, this section will wrap around and connect back to Carriage Trails Parkway.


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    September 24, 2013

    Mr. Falkowski stated that all plan requirements are being met.

    Ken Conaway stated this subdivision is where MI Homes will be placing a higher priced home on a smaller lot and create a sub-association for exterior maintenance. This is similar to a condo concept which is popular in other areas.

    Mr. Conaway provided a brief update on the Carriage Trails Development. He stated they presented a check last night to City Council in connection with a land deal that had been negotiated about two years ago. As of now, 305 homes have been built and/or are under construction in this development. There are about 450 lots on the ground. Probably Section 7, Phase I will not be platted until Spring. They sold 105 lots this year. Based on such sales, they will probably do about 120 home sales for this year.

    During the year, he will work on plans for other phases for all the approved sections. They need to prepare inventory for the Spring.

    Ryan’s 70’ lots will finish the connection to Windbrooke. They will build a section from the west and carry Senna Street to the north and tie into Windbrooke making the connection to SR 40.

    Inverness has 70’ lots on the lake which are doing very well. Another phase of that design will be worked on.

    Mr. Conaway stated that MI Homes continues to excel at the higher priced homes, and have two homes over $400,000. He stated they are doing a nice streetscape in Section 5. He added that Section 5 is almost all sold out. They are currently looking to see where to go with the next phase of 70’ lots for MI Homes.

    Mr. Conaway stated the section being approved this evening are really nice lots that have walk-out basements onto the green space corridor.

    Mr. Conaway stated they are excited about the progress of this development, and they appreciated the City and this Commission’s support. He added they will be back

    for a plat yet this year for Section 10, Phase II. This will bring them to Deergate.

    Mr. Wilson asked what kind of work would be done during the winter in this development. Mr. Conaway stated they would be doing a lot of planning work. He stated they would probably install some utilities over the winter. He added that there would be no new construction until early Spring.


    Mr. Layton moved to approve the request by the applicant, DEC Land Co I LLC, for a Final Plat for Section 2, Phase I of the Carriage Trails Development (ZC 13-38) in accordance with Staff’s Memorandum dated September 18, 2013, and the Planning Commission Decision Record attached thereto.


    Planning Commission Meeting

    September 24, 2013

    Seconded by Mr. Rodriguez. Roll call showed: YEAS: Mr. Layton, Ms. LaGrone, Mr. Rodriguez, Mr. Wilson, and Mr. Walton. NAYS: None. Motion to approved carried 5-0.

Mr. Walton asked what the next step is for the applicant.

    Mr. Falkowski stated the plat would be signed and filed with Miami County.


    HEIGHTS, is requesting approval of a Detailed Development Plan for The Music Center at the Heights, Phase II, at property located at 6800 Executive Boulevard (ZC 13-37).

    Mr. Falkowski stated this is the next step for The Music Center. He proceeded to provide some brief history regarding the project. The rezoning occurred, along with the lot split, and the first Detailed Development Plan was approved for the early site package that included the parking lot areas and surrounding land. This is the submittal for the building an