City of Huber Heights

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					                                 Planning Commission
                                 June 22, 2010 Meeting
                                 City of Huber Heights

I.     Chair Jeff Hallett called the meeting to order at approximately 7:02 p.m.

II.    Present at the meeting:      Ms. LaGrone, Mr. Rodriguez, Mr. Walton, and Mr.

       Members Absent: Mr. Layton. (His absence was excused.)

       Staff present at the meeting: Scott Falkowski, Engineer, and Margie Muhl,
       Planning Administrative Secretary.

III.   Opening Remarks by the Chairman and Commissioners


IV.    Citizens Comments


V.     Swearing of Witnesses

       Mr. Hallett 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. MAJOR CHANGE – Applicant, SYNERGY DEVELOPMENT, is requesting
          approval of a Major Change to construct a new two-story building
          addition to function as an Emergency Center at property located at 8701
          Old Troy Pike (Huber Health Center) (ZC 22-E).

       Scott Falkowski stated this major change would allow for the expansion of the
       existing medical facility, along with related site enhancements. Previously, the
       applicant was approved for a two-story expansion located in the center of the
       site. The next phase was to encompass the construction of a one-story building
       located at the northern end of the building. The existing building consisting of
       19,000 sq. ft. was to be demolished. This was done, but now the applicant is
       seeking approval for a two-story building which would include an emergency
       center. Emergency care is not presently offered at this facility.

       Mr. Falkowski further stated the proposed two-story building would consist of
       approximately 29,720 sq. ft. which would be connected to the Phase One
       structure. During this construction, additional improvements would be made to
       the site, including the parking lot, landscaping, and lighting. The proposal calls for
Planning Commission Minutes
June 22, 2010 Meeting                                                Page - 2

      the exterior of the building to consist of similar materials used in the Phase One
      construction. The height of 33’ 5.5” for the proposed building is lower than the
      existing two-story building that is adjacent.

      In order to construct the new building, additional parking would be required, and
      Mr. Falkowski proceeded to show on the site plan where such parking would be
      located along Old Troy Pike, and to the north of the site. Parking would also be
      added behind the building which would be mainly for employees. There are two
      access points to the site. One is located off Old Troy Pike, and the other is off
      Charlesgate Road.

      A water line currently loops around the building, and an additional fire hydrant
      would be added at the rear of the building. He proceeded to show its location on
      the site plan. Service for water would be connected inside the building. Sanitary
      service will be connected at the rear over to an existing sanitary sewer line on
      site. Grading issues were mentioned, and it was explained that a retaining wall
      would be added.

      The applicant would be adding 49 parking spaces to the site bringing the total
      number of parking spaces up to 330. This represents approximately four spaces
      per 1,000 sq. ft. which is reasonable for such a facility. Drainage has been
      addressed with two detention basins which are located at both the northern and
      southern ends of the site that are capable of handling the expansion.

      The applicant is proposing some island treatments. He proceeded to show
      existing islands on the site plan, and explained that some modifications were to
      be made. Staff is recommending that some island treatment be installed in the
      expansion area at the front of the facility in accordance with the City’s landscape
      code. Per the previous approval, the existing sign located at Charlesgate Road
      and Old Troy Pike was to have landscaping installed, but that had not been done.
      Therefore, staff is recommending such landscaping be included.

      The applicant is not proposing any signage with this application. A minor change
      would be submitted at a later date. The landscaping around the ground sign
      could be postponed until such time when modifications were made to that sign.

      Mr. Falkowski proceeded to show on the site plan the location of a concrete pad
      which he believed had previously housed a dumpster. There is a temporary
      construction dumpster at the site, and he proceeded to show its location on the
      drawing. At the southern end of the site, there is also a wooden dumpster
      enclosure that contains two dumpsters. There is currently an additional dumpster
      sitting outside of that enclosure. Staff recommends that a new dumpster
      enclosure be placed at the northern end of the site in accordance with Code
      requirements, and that all dumpsters be placed inside the enclosures.

      The applicant is proposing to add additional lighting at the northern end of the
      site that would match what had previously been approved in the Phase One
      construction. The lighting levels meet Code requirements.

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June 22, 2010 Meeting                                                  Page - 3

      Mr. Hallett asked if the landscaping around the ground sign had been a condition
      of approval in conjunction with a specific phase of development. Mr. Falkowski
      stated that the conditions did not mention a specific phase of development. Mr.
      Hallett asked for some further clarification regarding the location of the
      dumpsters. Mr. Falkowski proceeded to explain.

      Mr. Rodriguez asked about the minor modifications that were mentioned. Mr.
      Falkowski explained the process followed by the Engineering Department in
      regard to reviewing plans.

      Domenico Stolfo stated that he is with Synergy Development, and is also the
      agent for Kettering Hospital who owns the property. He stated they agree with
      staff’s proposals, and a dumpster enclosure would be constructed at the northern
      part of the site. Issues involving the dumpster enclosure at the southern end
      would also be addressed. He stated that this project began approximately two
      years ago. He proceeded to provide a brief history of the improvements that had
      been made to the site.

      Mr. Stolfo continued stating that the third phase of the project consists of the two-
      story building being proposed. Originally, a one-story had been planned, but after
      evaluating the needs of the community, it was decided that a larger building
      would be constructed, along with the creation of the Emergency Center. He
      explained that the center would be a step above Urgent Care, and would allow
      for trauma cases to be brought there for evaluation. The Center would always
      have two ambulances available that would be fully staffed for individuals needing
      to be transported to a hospital. The building would consist of 12 emergency
      rooms. He added this Center would cut down on runs the EMTs made to the

      Mr. Stolfo stated they have proven to be a good steward of the community, and
      want to continue as such.

      Ms. LaGrone asked to which hospitals individuals would be transported. Mr.
      Stolfo stated that obviously they would transport individuals to the closest place
      available depending on the situation, but reminded everyone they were a
      Kettering affiliate.

      Mr. Hallett asked for further clarification regarding the trees along Charlesgate
      Road. Mr. Falkowski explained that part of the previous approval for this site was
      that street trees be placed along Old Troy Pike and Charlesgate Road. In
      reviewing the site, staff feels that trees should not be planted along Old Troy Pike
      due to the location of utilities in that area. Staff does recommend the planting of
      trees along Charlesgate Road. In previous discussions, the issue of the widening
      of Old Troy Pike was raised. This is in the design phase and the City has
      procured State funding. The work would be done in 2012. Mr. Hallett clarified that
      the project would add a second lane which exists from Shull Road that would
      continue north to Gibson Road.

      Mr. Falkowski proceeded to read a letter received objecting to the project:

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June 22, 2010 Meeting                                                  Page - 4

             “From: Kathy Justice – There is no reason for an ER to be built at Huber
             Health Center. There is not a hospital there and patients will still have to
             be transported. This is a waste of money and time and people will lose
             their jobs!”

      Luis Machuca of 6625 Tavenshire Drive stated he has various concerns
      regarding the conversion from Urgent Care to an Emergency Center. He
      continued stating that no beds would be available in the facility, and therefore,
      regardless of how patients enter the Center, they might still have to be
      transported to a hospital. He stated that neighbors would hear the sirens all
      hours of the night. He added that presently the Urgent Care facility treated many
      indigent patients that are handled by the Federal Government. Costs would be
      higher in an Emergency Room than in an Urgent Care Facility. There would be a
      loss of funding to Kettering in the process. Also, people who go to this facility pay
      a low co-pay. Emergency Room charges will be high. He proceeded to state the
      type of patients who go to the facility. He stated they have been told that once
      the Emergency Center is completed, the Urgent Care facility will be shut down.

      Mr. Machuca stated he did not see any advantages to having the Emergency
      Room facility, other than the fact that Kettering might feel they would make more
      money. He stated that Kettering is presently building a hospital on Fairfield Road.
      He believed the hospital in Greene County would eventually be shut down. This
      could reduce the number of patients at the proposed facility, and therefore, the
      facility could be shut down in the future. He is not sure the construction of this
      facility is a wise decision. He feels the Urgent Care facility should be retained in
      addition to the Emergency Center.

      Kathy Bruce of 8377 Chinaberry Drive (the address was on the sign in sheet, but
      she would not state her address at the meeting) stated they were promised by
      Mr. Huber that a public park would be located at the site where Meijer presently
      exists. She continued stating that the Emergency Center would be open 24/7 and
      feels the surrounding neighbors would be affected by noise. She asked what was
      the City’s obligation in regard to notifying homeowners about the proposed
      construction of the Emergency Room.

      Mr. Falkowski explained that all property owners within 200’ of the proposed site
      would be notified. Ms. Bruce asked for clarification and whether individual
      homeowners received notices outside of the article that had been published in
      the newspaper. Mr. Falkowski again explained the requirements. Ms. Bruce
      asked if a siren could be heard beyond the 200 feet. Mr. Hallett stated that Mr.
      Falkowski explained the notification requirements. Ms. Bruce reiterated about
      noise from the sirens. Mr. Hallett explained that notification to property owners
      was in connection with property law, and the other issue pertained to how far
      sound travels which has nothing to do with this property. Ms. Bruce kept
      reiterating about the noise, and how noise from an airport affects properties. She
      asked what is her recourse.

      Ms. LaGrone stated that she owned property in various areas of this City, and
      stated that she lives close to SR 202 and hears sirens constantly, especially from
      Spring Creek. Ms. Bruce asked if Ms. LaGrone lived next to an Emergency

Planning Commission Minutes
June 22, 2010 Meeting                                                Page - 5

      Center or ever worked in such a center. Ms. LaGrone asked the developer what
      percentage of emergency room visits require admittance to a hospital that would
      involve a transport. She also asked what percentage of transports required full
      use of lights and sirens. She then asked whether Urgent Care would still be
      provided at this site.

      Ms. Bruce stated that it was up to the squad whether sirens were used or not in a

      Mr. Stolfo stated that urgent care would be integrated into the Emergency
      Center. Urgent Care would still exist. The reimbursement would be a discussion
      between the hospital and insurance companies. The Emergency Center would
      be much larger than the existing Urgent Care facility.

      Ms. LaGrone asked if in the eyes of the Health Center there was a difference
      between Emergency Room Care and Urgent Care. Mr. Stolfo stated there was a
      difference, but he was not a medical person to offer a detailed explanation.

      Mr. Hallett proceeded to explain the procedure followed for these meetings. He
      advised that only one person should speak at a time at the podium. There was to
      be no cross conversation.

      Mr. Stolfo continued stating that there was no reason to have an urgent care and
      emergency center located next door to each other. Circumstances would dictate
      what needed to be done for a patient.

      Ms. Bruce asked if there was a medical person available at this meeting to
      explain the difference between urgent care and emergency room services. She
      also asked about cost for the services. She questioned whether everyone
      understands the type of facility being proposed. She also raised the issue of
      traffic. She feels there were many accidents at Old Troy Pike in front of the
      Urgent Care Center. She asked if any traffic studies were being done. She asked
      if a traffic light would be necessary at that intersection. She is concerned about
      the neighboring residents. She asked how this facility will benefit homeowners,
      and how will it affect their quality of life.

      Mr. Hallett stated that in this case a traffic study was not required. The Health
      Center has been in operation for a long time. This plan was approved two years
      ago by the Planning Commission, and it was advertised and a hearing held.
      Tonight’s hearing is not about the difference between Urgent Care and
      Emergency Care or how much it costs. This hearing is about the land use and
      the plan being presented by the developer.

      Ms. Bruce reiterated that she was concerned about homeowners in the area, and
      asked about the City’s responsibility regarding notification to the homeowners.
      Mr. Hallett explained that the issue of notification was explained. Ms. Bruce
      asked how the homeowners were notified. Mr. Hallett stated that a legal ad was
      placed in the newspaper. Mr. Falkowski added that a notification was mailed to
      the appropriate homeowners located within 200’ of the proposed site. Ms. Bruce
      again brought up the issue of sirens being heard beyond the 200’. Mr. Hallett

Planning Commission Minutes
June 22, 2010 Meeting                                                Page - 6

      stated that Ms. Bruce was here because she had received some type of
      notification. He added this was an opportunity for everyone to comment on this
      matter. She stated that promises were made and not kept, and therefore, she
      needs to know what the elected officials are doing for her. Mr. Hallett asked for
      more specific information, and asked if Ms. Bruce had any questions specific to
      the issue being heard. Ms. Bruce proceeded to review the notice requirements,
      and again asked about studies being conducted regarding traffic and noise.

      Ms. Bruce asked about emergency signs being installed along the highways. She
      also asked if helicopters were going to come and go from the site.

      Mr. Hallett stated that tonight they were discussing the plan proposed, and none
      of the drawings show a helicopter pad at the site. Ms. Bruce stated that a two-
      story building could have a helicopter pad. She asked if helicopters could land in
      adjacent areas to the site. Mr. Hallett reiterated that no helicopter pads were
      shown on the plans.

      Mr. Falkowski stated that SR 202 will be widened in 2012, and turn lanes will be

      Ms. Bruce asked if this is going to be good for Huber Heights. Mr. Falkowski
      stated that widening the road would be good for the area. Ms. Bruce asked if the
      building was also going to be a good thing.

      Al Tewksbury of 7359 Calmcrest Court stated that he was not aware of this issue
      being discussed two years ago, but there appears to be confusion as to what the
      neighborhood would be getting. He asked if Urgent Care was going to be
      provided at Emergency Room costs, along with there being an Emergency
      Room. He asked if there would be separate entrances. Economically, he did not
      feel the facility could support both types of services. He felt the costs would
      probably be increased. He asked for someone to check on the cost. He believed
      the percentage of individuals needing the higher cost service would be small.

      Mr. Machuca asked if the Urgent Care facility was going away, and the area
      would house additional doctors’ offices. Mr. Stolfo explained the Urgent Care and
      Emergency Room would be available in the same area. The area vacated by the
      Urgent Care in the existing building would be available for additional doctors’
      offices. This need had been identified, along with having such services on the
      second floor. The existing area is slated for a time share plan.

      Mr. Tewksbury stated that a decision evidently was made two years ago
      regarding the Emergency Room. He asked if Urgent Care services were included
      in that approval. Mr. Hallett stated that when this was originally proposed, it was
      understood that services would be shuffled. Mr. Tewksbury asked if there had
      been any discussion regarding the Urgent Care facility remaining once the
      Emergency Room came into effect. It was his understanding that Mr. Huber
      wanted an Urgent Care facility at this site when he donated the land. Mr. Hallett
      stated he did not recall all of the discussion held more than two years ago. He
      added that the only difference between the two applications was what the change
      was from the one-story building to what was presently being proposed. He stated

Planning Commission Minutes
June 22, 2010 Meeting                                                  Page - 7

      that the applicant had explained this in his opening remarks. There appeared to
      be a demand in the area for such services. He proceeded to explain what the
      applicant was proposing with their present application. He added that he was not
      a medical professional, but it appeared to him this was an overall trend for
      hospitals to diversify into the community. He referred to the Good Samaritan
      Medical Center located in the City. Mr. Tewksbury stated that it did not appear
      that the public could impart too much influence on the issue of retaining the
      Urgent Care facility. Mr. Hallett stated that from the Planning Commission’s
      perspective, the answer would be no, but the applicant has stated that the
      services would be one and the same at the facility. He did not know how the
      billing would be done.

      Mr. Hallett proceeded to explain the job of the Planning Commission in
      connection with this application. He also explained that since this was a major
      change, the matter would be forwarded to City Council for their review and
      approval, along with this Commission’s recommendation.

      Mr. Falkowski stated that this matter would probably be heard by the City Council
      in about one month.

      Mr. Hallett reminded everyone that they could call City Hall and ask about issues
      being placed on Council’s agenda, and the date they are going to be heard.

      Ms. Bruce stated she was not concerned about the difference in costs between
      Urgent Care and an Emergency Center. She was concerned about semi’s being
      parked in residential areas. She stated that if she had property on Mardi Gras
      Drive she would never expect an Emergency Center to be constructed in the
      area. She reiterated her concerns regarding traffic. She never thought her
      property would abut a “slaughterhouse.” She was also concerned about the
      crime issue because she believed crime rose around 24-hour establishments.
      She stated the City needed to address the possible consequences of permitting
      the construction of such a facility. She added that she became “active” in this
      regard due to information she received from other homeowners. She stated that
      change is not bad or good. The voters of this City should be informed of the
      good, bad, and ugly. She is not against or in favor of this project, but only stating
      that the residents need to be informed.

      Mr. Rodriguez asked if a separate application would be submitted in respect to
      signage. Mr. Falkowski confirmed.


      Mr. Hallett moved to approve the Major Change request by the applicant,
      Synergy Development, to construct a new two-story building addition to function
      as an Emergency Center at property located at 8701 Old Troy Pike (Huber
      Health Center) (ZC 22-E) in accordance with Staff’s Memorandum dated June
      17, 2010, and the Planning Commission Decision Record attached thereto.

Planning Commission Minutes
June 22, 2010 Meeting                                                Page - 8

      Seconded by Ms. LaGrone. Roll call showed: YEAS: Ms. LaGrone, Mr.
      Rodriguez, Mr. Walton, and Mr. Hallett. NAYS: None. Motion to approve carried

         requesting to rezone property located in the Carriage Trails
         Development known as Part Inlot 352 from PM (Planned Mixed Use) to
         PP (Planned Public and Private Buildings and Grounds), and also
         requesting approval for a lot split of 1.919 acres out of 158.958 acres
         (ZC 10-08).

      Scott Falkowski stated that the northern segment of the City has one water tower
      located off Emeraldgate Drive located where a new school was currently being
      constructed. The site was known as Standpipe Park. Due to development at
      Carriage Trails, Windbrooke, and other development sites, along with industrial
      areas expanded along Executive Boulevard, a need exists for another water
      tower. Discussions have occurred with DEC Land Co I LLC about obtaining a
      two-acre site at the northern end of the development for the water tower. It would
      be centered between SR 201 and SR 202 which is the high end of where such
      tower would normally be located to provide increased pressure and flow. He
      proceeded to show the area on the map for the tower, and explained where
      various sections had been approved in Carriage Trails for development.

      Mr. Falkowski proceeded to show an updated concept plan for the Carriage
      Trails development. There would be access easements for the tower. In the
      interim, there would be a gravel drive leading to the tower. He added there would
      be a landscape buffer on all sides in accordance with the Code. The tower has
      not yet been designed, but would be centered on the lot.

      Mr. Hallett proceeded to open the public hearing.

      Public Hearing

      Ken Conaway, DEC Land Co I LLC, stated when they did a water study, the
      results showed that after 200 homes were built, there would have to be a water
      tower. Currently, they have sold 42 lots in the development this year. They are
      pleased to donate the land to the City. He proceeded to show on the map the
      highest point in the area, but it was too narrow for the tower. Therefore, the
      current site was selected with the Engineering Department.

      There being no other individuals who wished to speak on this matter, the public
      hearing was closed, and discussion was brought back to the Commission.


      Mr. Hallett moved to approved the request by the applicant, City of Huber
      Heights, in their request to rezone property located in the Carriage Trails
      Development known as Part Inlot 352 from PM (Planned Mixed Use) to PP
      (Planned Public and Private Buildings and Grounds), and also requesting
      approval for a lot split of 1.919 acres out of 158.958 acres (ZC 10-08) in

Planning Commission Minutes
June 22, 2010 Meeting                                                Page - 9

      accordance with Staff’s Memorandum dated June 16, 2010, and the Planning
      Commission Decision Record attached thereto.

      Seconded by Mr. Rodriguez. Roll call showed: YEAS: Mr. Rodriguez, Mr. Walton,
      Ms. LaGrone, and Mr. Hallett. NAYS: None. Motion to approve carried 4-0.

      3. FINAL PLAT – Applicant, DEC LAND CO I LLC, is requesting approval of
         a Final Plat for Section 14, Phase II of the Carriage Trails Development
         (ZC 08-02Q).

      Scott Falkowski stated the Detailed Development Plan for Section 14, Phase II
      had been approved at a previous meeting. He stated the site is located at the
      south side of the Carriage Trails Parkway, and is on the west side of Senna
      Street. This section consists of 37 new building lots which have frontages ranging
      from 60’ to 65’. All lots have the required 25’ setback. All minimum requirements
      approved in the Basic Development Plan were met.

      Ken Conaway stated that Brighton Homes have already sold 8 lots in this


      Motion made by Mr. Hallett to approve the Final Plat request by the applicant,
      DEC Land CO I LLC, for Section 14, Phase II of the Carriage Trails development
      (ZC 08-02Q) in accordance with Staff’s Memorandum dated June 16, 2010, and
      the Planning Commission Decision Record attached thereto.

      Seconded by Mr. Walton. Roll call showed: YEAS: Mr. Walton, Ms. LaGrone, Mr.
      Rodriguez, and Mr. Hallett. NAYS: None. Motion to approve carried 4-0.

      4. MINOR CHANGE – Applicant, ABBOTT SIGN COMPANY on behalf of
         CBS Personnel, is requesting approval of a minor change to install a
         new sign at property located at 8186 Old Troy Pike (ZC 156-QQ).

      Scott Falkowski stated the name of the company is being changed. The location
      is at the North Heights Plaza. The sign is just under 40 sq. ft. (13’ 4” x 3’). The
      previous sign consisted of 70 square feet. The raceway would match the fascia,
      and all lighting requirements would be met.

      Ken Brightman, Abbott Sign Co., stated that he had nothing to add to staff’s

      Mr. Walton asked if the LED signs could be adjusted in connection with the
      illumination. Mr. Brightman confirmed, and stated that dimming the brightness
      could be arranged.


      Motion made by Mr. Hallett to approve the Minor Change for the applicant,
      Abbott Sign Co. on behalf of CBS Personnel, in their request to install a new sign

Planning Commission Minutes
June 22, 2010 Meeting                                                   Page - 10

        at property located at 8186 Old Troy Pike (ZC 156-QQ) in accordance with Staff’s
        Memorandum dated June 16, 2010, and the Planning Commission Decision
        Record attached thereto.

        Seconded by Ms. LaGrone. Roll call showed: YEAS: Ms. LaGrone, Mr.
        Rodriguez, Mr. Walton, and Mr. Hallett. NAYS: None. Motion to approve carried

        Mr. Falkowski explained to the applicant that they would have to come in to the
        Zoning Office and apply for a zoning permit.

VIII.   Additional Business

        Mr. Hallett asked about the sidewalk at City Hall. Mr. Falkowski explained that
        the sidewalk would go back to the Court Building. Mr. Hallett stated that this was
        a Planned District, and therefore, a Minor Change application should be
        submitted. Mr. Falkowski confirmed and stated that such application would come
        before the Planning Commission at their next meeting.

        Mr. Hallett stated there was a sign at Shull Park advertising Fireworks for July 3,
        2010. He advised that site was also a Planned District.

        Mr. Falkowski stated that he was unaware of the signs advertising the Fireworks
        but would check into the matter. Mr. Hallett stated that the City was not exempt
        from submitting these types of applications, but only exempt from paying the

        Mr. Falkowski stated that he saw signs at Cloud Park, but was not aware of other
        locations where such signs were located.

IX.     Approval of the Minutes

        Without objection the minutes of May 25, 2010 were approved.

X.      Reports and Calendar Review

        Minor Change – City of Huber Heights for installation of sidewalks.
        Minor Change– Stratacache (Old Kroger Site) computer installation and sales

        Mr. Falkowski stated that a church had applied for a Special Use for the Old
        Kroger site, but that had been pulled. He explained that both users approached
        Kroger about the site.

Planning Commission Minutes
June 22, 2010 Meeting                                          Page - 11

XI.   Adjournment

      There being no further business to come before the Commission, Mr. Hallett
      adjourned the meeting at approximately 8:20 p.m.

__________________________________            _____________________________
Jeff Hallett, Chairman                        Date

___________________________________           _____________________________
Margaret A. Muhl, Administrative Secretary    Date


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