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The Yellow Springs

Council of the Village of Yellow Springs

In Village Council Chambers February 12, 2007

CALL TO ORDER

Chair Bruce Rickenbach called the meeting to order at 7:01 p.m.

ROLL CALL

Bruce Rickenbach, John Struewing, Bill Bebko, Tim Tobey and Matt Reed were present. The Village Manager Eric Swansen, Village Planner Phil Hawkey and Village Code Enforcement Officer Ed Amrhein.

REVIEW OF AGENDA

The Commission agreed with the suggestion by Bebko to move the "REPORTS" after the public hearing.

REVIEW OF MINUTES - January 8, 2007. Bebko MOVED and Tobey SECONDED a MOTION to APPROVE the minutes as amended. The MOTION PASSED.

 

COMMUNICATIONS

Shelley Wing re: Conditional Use Request/YS Home Inc-1227 Xenia Ave.

Mr. and Mrs. Charles Koeller re: Conditional Use Request/YS Home Inc

Charlotte Gorden re: Conditional Use Request/YS Home Inc-1227 Xenia Ave.

Michael & Leigh Duncan re: Conditional Use Request/YS Home Inc.

 

CITIZEN'S COMMENTS

There were no comments from the audience.

 

PUBLIC HEARINGS

Continuation of public hearing from January 8 th , Conditional Use Request from Yellow Springs Home, Inc. Struewing MOVED and Bebko SECONDED a MOTION to RESUME the public hearing. The MOTION PASSED.

Marianne MacQueen reviewed the new revised version of the pervious plan. This plan calls for adding a structure that would connect the cottage, and the existing shop. The shop would be converted into The YS Home Inc. office and second floor apartment. The additional building that was proposed in the previous plan was deleted from this new plan. There were also changes in the parking and the placement of the windows in the apartment. In addition, a "rain garden" was proposed for the rear of the property to assist with the drainage. (See plans submitted by YS Home Inc.).

Swansen asked if the structure connecting the shop to the cottage would be a breezeway. MacQueen said no. The structure would be used as a main entrance to the office, storage and house the stairways to the apartment. Both the shop and the cottage are non-conforming structures.

Hawkey explained that the Board of Zoning Appeals would rule on the conversion of the two non-conforming buildings.

Regarding the proposed single width driveway and emergency vehicles, Hawkey explained that the it is not contrary to the code and Amrhein explained that in his conversations with the Fire Chief, it was not uncommon for the emergency personnel to back out of driveways. However he did not have a copy of this plan for the Fire Chief to review.

In answering Tobey's question regarding staff office hours, MacQueen explained that the office would probably be opened from 10 a.m. to 4 p.m. but not every day. She added that no staff person works a forty-hour workweek.

Hawkey reviewed the staff report. Staff recommends that a permit should be granted if the plan is found to achieve compatibility, conform to all zoning requirements and be adequately designed.

Audience member Virgil Hervey expressed concern regarding the parking and the number of employees that would be working. MacQueen explained that at present it is rare that any staff member would need the parking because they either ride their bikes or walk. The parking spaces were based on one space per 300 square feet.

Shelley Wing expressed concern about the increase traffic and congestion. She also expressed concern about an existing home business operating near her home that also has added to increased traffic.

Struewing MOVED and Bebko SECONDED a MOTION to CLOSE the public hearing. The MOTION PASSED. The public hearing was closed.

Rickenbach stated according to staff's recommendation, the Commission could approve this plan if conform to all the requirements of the Zoning Code and be in general accord with the Comprehensive Development Plan. Rickenbach stated that this plan did neither.

Struewing stated that for him this was not crystal clear. He had hoped for some type of compromise. If Planning Commission were to approve this, then he would ask for some conditions, no on street parking, and increase the parking in the proposed lot. His biggest obstacle is the non-conformity of the shop and cottage.

Bebko stated that he ventured to guess that the non-conformity of the shop and cottage was a result of the implementation of the zoning code. He stated that today the shop would be considered an outbuilding and not an office structure.

Tobey stated that aside from the zoning issues, the plan could work for that area. He liked the new revision but he was also concerned with the zoning/non-conformity issues.

Reed understands the concerns of the residents, but revising the parking and adding some additional conditions could be a way to make the newer plan work.

Struewing stated that if there would be a motion, it would have to be stated very clearly to the Board of Zoning Appeals the Commission's concerns regarding the non-conformity.

Struewing MOVED and Bebko SECONDED to APPROVE the conditional use request with the following conditions:

Conditions: (1) Increase the parking spaces by two to make a total of eight.

(2) Fire Dept. Approval Letter.

(3) Parking Screening (Neighbor friendly 4' wood fence properly

maintained.)

(4) Driveway Screening on the North side, 4'(to be calculated).

(5) No increase in run-off. Maintain on site.

(6) With Special Exception required for expansion of any non-

conformity and any additional variances identified by staff.

 

The roll was called. The MOTION PASSED, 4-1 with a no vote from Rickenbach.

 

REPORTS

Council Update. There were no questions for Rickenbach.

Bike Enhancement-Northern Gateway Committee. No report.

Zoning Administrator/Planner's Report . No report.

Miami Township Zoning Commission Report. Struewing reported that the Commission continues to work on the zoning for their Comprehensive Plan.

 

OLD BUSINESS

Comprehensive Plan Review and Revisions, Section 1 Introduction (pages 1-4). Bebko reported that he had spoke with Mary Morgan from the Historical Society regarding adding historical input into the Comprehensive Plan regarding the Village from the 1920's to 1980's. Rickenbach asked Hawkey to resend the e-version of the Comp. Plan. He suggested and the Commission agreed to postpone this discussion until the March 12 th meeting.

Discussion / Recommendation - Revise Facilities Planning Area (Wastewater). Rickenbach explained that the eastern property portions of the Jacoby Creek were in the Village's Facility Planning Area, however the western portion is not. Members of the Commission attended a meeting with MVRPC regarding the Greene County FPA. Village Engineer John Eastman explained that since the Commission has done its work regarding the Village's FPA and MVRPC believes that the Village has a clear understanding of its role and has completed its process regarding the FPA; the MVRPC has no objections to the Village seeking to add the western property portions of the Jacoby Creek. To this end the Planning Commission will begin the process of this inclusion in its newer version of its FPA. Eastman reviewed the various sections of the western portion. Staff recommends the inclusion of the western property portion, at the least the properties identified as the Jacoby Greenbelt. (See map entitled FPA Modifications). Planning Commission agreed to add Sections 1, 2 and 3 as identified in orange on the map.

Bebko suggested that the Commission ask that the Village's FPA also include the area from Grinnell Rd. , Clifton Rd to Jacoby Rd in order to include the Village's well fields.

Ed Amrhein suggested that a dialogue take place between Xenia Township and the Village reviewing the Village's FPA.

Bebko MOVED and Reed SECONDED a MOTION that the Commission directs John Eastman to draft a new map to include the western property portion of the Jacoby Creek and the area suggested by Bebko. The MOTION PASSED.

NEW BUSINESS

Nominations for Chairperson, 2007. Struewing MOVED and Bebko SECONDED a MOTION that nominated Rickenbach as Chair. The MOTION PASSED 4-0, with an abstention from Rickenbach. Bebko MOVED and Reed SECONDED a MOTION to CLOSE the nominations. The MOTION PASSED 4-0 with an abstention from Rickenbach.

2006 Annual Report draft - Rickenbach. This was postponed until the March 12 th meeting.

AGENDA PLANNING

Discussion Bike Path Green Space Dedication

Comprehensive Plan Review and Revisions

Vote on nomination of Chair

2006 Annual Report

 

ADJOURNMENT

Having no further business, Bebko MOVED and Reed SECONDED a MOTION to ADJOURN. The MOTION PASSED.

Council Agenda
100 Dayton St.
Yellow Springs, Ohio 45387
Clerk of Council:
Phone: 937-767-9126
Fax: 937-767-7220
E-mail: dbenning(at)yso.com
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