Planning Commission

MINUTES CLEVELAND MUNICIPAL PLANNING COMMISSION TUESDAY, JUNE 21, 2016 AT 6:00 PM CLEVELAND MUNICIPAL BUILDING 190 CHURCH STREET NE The regular meeting of the Cleveland Municipal Planning Commission was called to order at 6:01 P.M. by Dee Burris, Chairman. Members present included Walt Vineyard, Clarke Taylor, Gary Dennis, Larry Presswood, George Poe, Tricia Pennington, Maryl Elliott, Dee Burris and Bill Hamilton. There were no members absent. Legal counsel present was John Kimball, Attorney for the City of Cleveland. Staff members present included Jonathan Jobe, Director of Development and Engineering Services, Melinda Carroll, Interim City Manager, Corey Divel, Senior Planner, and Darla Jenkins, Executive Secretary. Others present included Randy Brown of Brown Surveying, Mitch Kinder of Cleveland Surveying, Matt Martin of Northpointe Surveying, and Joyanna Love of The Cleveland Daily Banner. The commission welcomed Bill Hamilton as the newest planning commissioner. The minutes of the May 17, 2016 were presented for approval. Maryl Elliott made a motion to approve and Gary Dennis seconded the motion. A unanimous vote approved the motion. There was no Public Hearings. In the Consent Agenda, a. Request by Bassam Issa for final approval of lots 1a & 1b in Mouse Creek Crossing. Property is located on Paul Huff Pkwy, Mouse Creek Rd and Issa St and is zoned PUD 2. Plat by Northpointe Surveying Company (pg1). b. Request by Emerald Hills, INC for final plat approval of revised lots 9, 10, 11 of Emerald Hills Subdivision. Property is located on Volunteer Dr and Topaz Way and is zoned R2 Low Density Single and Multi-Family Residential. Plat by Brown Surveying Company (pg2). c. Request by David May III and Keith Weigand for final plat approval of lot 46 of Stonebriar Subdivision. Property is located on Gate Tower Way and is zoned Page 1 of 5  R2 Low Density Single and Multi-Family Residential. Plat by Cleveland Surveying Company (pg4). d. Request by Dustin Hawkins for final plat approval of revised lots 47-50 of Woodland Cove Subdivision Phase II. Property is located on Morrison Ln and is zoned R2 Low Density Single and Multi-Family Residential. Plat by Brown Surveying Company (pg5). e. Request by Pratt Home Builders for final plat approval revised lots 23, 24, 25 of Cottages on the Green Subdivision. Property is located on Inverness Dr and is zoned R1 Single Family Residential. Plat by Richmond Surveying Company (pg7). Tricia Pennington made a motion to approve the Consent Agenda subject to staff comments and George Poe seconded the motion. A vote of 9-0 passed the motion. There was no Old Business. In New Business, f. Request by Brian Tallent for site plan approval at 540 East Inman St. Property is located within the Inman St East Zoning District (pg9). Jonathan Jobe: This is coming to you because it’s on the...inside the Inman Street East Zoning District that we made. Corey can explain it to you…about it. Corey Divel: Sure As that ordinance requires any change of use, occupancy or construction. It’s supposed to be reviewed by the planning commission. You can see in your packet on page 11, he’s got a written request of what he wants to do. Essentially, he’s just wanting to put up a small picket fence. I don’t think it’s anything major. But I do want to point out in his letter, there’s a comment there about his neighbor parking in his yard over there where the fence is proposed to go. I think…indicated in the letter, that’s part of the reason for wanting to put up a fence. Just for the record, I was discussing with John (John Kimball) earlier, we have some sort of comment just to clarify. We make no guarantee of where the property line is, or any kind of right of access whether by adverse possession or…. Larry Presswood: So, Corey, even if they want to put up a side fence, the answer is they have to come to us? To me that’s not a change of use or occupancy… Corey Divel: Well, but it says “or construction” that’s the only reason….. Page 2 of 5 Larry Presswood: Well, I mean, I figured construction would mean if you change the use… Corey Divel: Right….. We can reword that, or adjust our interpretations even. Larry Presswood: That seems like an awful lot of extra work for a fence. Corey Divel: Right…right. Kind of treating it like the historic district is treated to some degree as far as when it’s required but… Jonathan Jobe: If you want us to administratively do, something like fences or something…..I think…the ideal was if you were changing the building or something larger…. Corey Divel: I’m fine with that. Larry Presswood: Yes, I mean I just think …it’s necessarily horrible for not just them but for you all. Corey Divel: Well, it is. Dee Burris: Maybe construction for over $25,000. Larry Presswood: I mean. Corey Divel: Construction requiring a permit or something like that. Larry Presswood: Yes. Unknown: Unknown Dee Burris: Yes construction requiring a permit. Tricia Pennington: So do we need to vote on this or do we need to vote to require only construction requiring a permit? How is he how is he able to… Unknown conversation. Corey Divel: There are no other requirements. Approval is required. Page 3 of 5 Larry Presswood: Just change the interpretation. Corey Divel: We could probably do that. Jonathan Jobe: John, would we…would they want to vote on that, changing interpretation. Do we need to write something, draft something? John Kimball: This is what we need to do. Handle this as if you have to approve it. Let him (Corey Divel) bring you back something that say’s construction change in the structure itself, so that’s it’s clear when the word construction…if you are talking about the building on the property and not putting up a fence, for example….so that on down the road you would have some clarity to what that means… Corey Divel: Yes, I mean it wouldn’t take much…a simple amendment… John Kimball: Simple Amendment. Corey Divel: Or any construction required by permit. John Kimball: Yes, we will bring that back and run that through the process. Jonathan Jobe: So go ahead and vote on this one, like it is? John Kimball: Yes, I would. Melinda Carroll: We need to keep it clear because we’ve had situations on other boards for administrative situations so I would really like it to keep it as John said as clean as possible. Corey Divel: Because of these issues, I try to bring everything that I can so we don’t get into…. Melinda Carroll: But we can certainly do that. Corey Divel: Oh, yes. Dee Burris: All right then. Any discussion..? I’d entertain a motion to approve a fence? Page 4 of 5  Walt Vineyard: So moved. Dee Burris: We have a motion to approve the fence. Clarke Taylor: Second Dee Burris: And a second. Darla Jenkins: Who made the second? Dee Burris: Clarke. Any discussion…? Darla, will you call the roll? Walt Vineyard made a motion to approve and Clarke Taylor seconded the motion. A vote of 9-0 passed the motion. There was no Chairman’s Report. There was no Director’s Report. The meeting adjourned at 6:09 P.M. Page 5 of 5