The regular meeting of Wednesday, January 2, 2008 of the City of Washington Planning Commission was called to order at 6:30 p.m. in the meeting room at Washington District Library by Chairman Mel Joos.

Present and answering Roll Call were Commissioners Mike Brown, Bill Bradle, Jeff Borders, Jeff Fuerst, Gary Moehle, Mel Joos, Bill Hartter and Doug Wilson. Commissioner Arnie Wiltz was absent.

Also present was P&D Director Jon Oliphant and City Clerk/Planning Commission Secretary Carol Moss, Aldermen Al Howerter and Bob Brucks, City Administrator Bob Morris, and a couple of residents..

Commissioner Hartter moved and Commissioner Moehle seconded to approve the minutes of the December 5, 2007 Planning Commission meeting, as presented. 
Motion carried unanimously by voice vote.

A public hearing to hear amendments to the Subdivision Code was opened for comment at 6:30 p.m. P&D Director Oliphant stated that the Planning Commission has gone over the material for the Subdivision Code amendment before as it relates to sidewalks. Since the last Planning Commission meeting, the Public Services Committee met and analyzed requirements of other communities. Two members of the Public Services Committee are in attendance this evening, as is City Administrator Morris.

Oliphant explained that one of the differences in this draft and what was previously discussed is in Item E. This would address that the walking space would only be constructed where the primary entrance is located instead of next to the front of the building, and the walking space would only be a four foot minimum instead of six foot on other sides where parking is located as previously written. Staff would have the ability to waive or reduce the requirements in certain impractical or unnecessary circumstances. In situations where there is not immediate need for sidewalk, the builder (not the developer) would pay for the current cost of sidewalk construction.

Holly and Pat Maher, 1829 Kingsbury were present and identified themselves and Mrs. Maher stated that sometimes they walk on Cummings Lane and when it is wet outside they have to walk on sopping wet ground because there are no sidewalks on Cummings Lane. She said that it only makes sense to put in sidewalk from Cherry Tree along Cummings Lane because there are a lot of people who walk to the shopping center and to the strip mall. Now there is a new motel and she hears a new restaurant will be opening so there will be more pedestrian traffic. Mr. Maher said that the sidewalk on Kingsbury should certainly connect to the bike path so people can ride bikes and walk. City Administrator Morris pointed out that the bike path will be extended, however funds have not been budgeted for that project.

The public hearing was closed at 6:39 p.m.

Chairman Joos asked the Commissioners if they have comments and Commissioner Wilson stated that staff and the Council may be opening themselves up for criticism regarding the waiving process. Chairman Joos said he agrees, but there has to be someone to make those decisions. Commissioner Fuerst stated that a few meetings back there was discussion about what N. Cummings is going to be. We need to have areas that are easy to get around by walking and this is a step in the right direction, but the Planning Commission can only do so much regarding these matters. Commissioner Brown said he agrees that this is a step in the right direction. Chairman Joos questioned making the builder responsible for paying for sidewalks when they are immediately needed. P&D Director Oliphant stated that whomever is actually constructing the sidewalks is the one who will be responsible. Commissioner Fuerst pointed out that sidewalk is the last thing to be put in. Before the developer was going to have to front the sidewalks. Sidewalks in residential go in when buildings are built. Oliphant noted that now sidewalks are only required in residential. That is why there are no sidewalks in the area of the motel. He said that the reason 'builder' was used is so that there is some provision that allows sidewalk to be built at a later date if it is not necessary at the time of construction. Commissioner Borders indicated that the end user is the one responsible. Oliphant went on to say that developers typically do not pay for sidewalks. A building permit is issued to a builder. If sidewalks should not be built at the time of construction, then the builder, or developer needs to pay for the sidewalks that will be needed, and that money will be put in escrow until the sidewalks are built He used Dallas Road as an example. It certainly would have been nice to have had sidewalks along Dallas. He went on to explain that only when it is practical to build sidewalks will Item H apply. If it is not practical to build sidewalks then Item I will apply.

Commissioner Bradle asked why residential was eliminated from Item I. He said he can see instances where there could be areas in residential where sidewalks could not be installed. It was agreed that residential should be added to Item I.

Commissioner Bradle moved and Commissioner Fuerst seconded to recommend approval of an amendment to the Subdivision Code, §152.022, as amended by including 'residential' in Item I. 
On roll call on the motion the vote was: 
Ayes: 8 Wilson, Hartter, Moehle, Brown, Borders, Fuerst, Bradle, Joos 
Nays: 0 
Motion declared carried.

A Public Hearing, for the purpose of hearing recommended amendments to the Zoning Code Sections 154.004 Definitions, and 154.056, Permitted Uses, was opened for comment at 6:59 p.m. P&D Director Oliphant explained that proposed amendments have come about because of the large playground systems being installed on private properties. Numerous complaints have been received from residents about the location of such playground infringing on adjacent property owners. There is currently nothing in the Zoning Code to address the large playground systems, and the proposed amendments would only deal with the placement and height of such equipment. There would not be a permit required, but this would give staff the ability to enforce where the open play systems are located. Such systems would be treated as an accessory structure or use. The systems could not be located in either front yard of a corner lot, could not be located any closer than five feet from any structure or building, could not exceed fifteen feet in height and could not be located in or project upon the front yard and could not be located any closer than ten feet from any side or rear lot line. Mrs., Maher said that they had been notified by Scott Underwood when they purchased their property that playground equipment was not allowed in their development, but now have received correspondence saying that some type of playground equipment may be allowed. Chairman Joos suggested that they contact Scott Underwood about this matter.

The public hearing was closed at 7:04 p.m.

Alderman Brucks stated that the Public Services Committee discussed location and height but did not address size of a playground unit. Chairman Joos asked what requires a building permit and P&D Director Oliphant replied decks and fences. Commissioner Bradle stated that if concrete is poured and the playground equipment anchored down, then it should require a building permit. Commissioner Fuerst asked why the size of playground equipment is any business of the City and Administrator Morris replied that the City had a situation that has since been resolved where a large playground complex was installed in a side yard, almost in the front yard of a neighbor. He pointed out that this would not apply to swings in trees in front yards, tree houses or basketball hoops. Commissioner Moehle asked why ten feet in (1), and P&D Director Oliphant replied originally it was thought to use five feet, but ten feet keeps things on the owner's lot. Commissioner Wilson asked setback for a structure and P&D Director Oliphant replied five feet. Commissioner Wilson suggested maybe keeping the same setback as structures because swings do not move. Alderman Howerter pointed out that swings might not move but kids do. Administrator Morris told those present that this will give staff the ability to provide guidelines on the installation of such playground equipment. Commissioner Moehle suggested including this information in the building permit information and Administrator Morris indicated that this information will be included in the City Newsletter.

Commissioner Fuerst moved and Commissioner Hartter seconded to recommend approval of the Zoning Code amendment regarding open play systems, as presented. 
On roll call the vote was: 
Ayes: 8 Bradle, Brown, Moehle, Borders, Wilson, Hartter, Fuerst, Joos 
Nays: 0 
Motion declared carried.

P&D Director Oliphant provided an overview on 2007 building permits, reporting that 104 residential permits were issued for a total construction value of $25M, and 15 commercial/industrial permits issued for a total construction value of $16.73M.

There were no Commissioner's Comments or Chairman's Comments and at 7:20 p.m. Commissioner Hartter moved and Commissioner Bradle seconded to adjourn. 
Motion carried unanimously by voice vote.