PLAINFIELD PLAN COMMISSION September 9,

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1 PLAINFEILD PLAN COMMISSION For September 9, 2010, 7:00 PM CALL TO ORDER Mr. Gibbs: I d like to call to order the September 9 th Plan Commission meeting. Mr. Carlucci would you poll the Board to determine a quorum ROLL CALL/DETERMINATION OF QUORUM Mr. Carlucci: Mr. Satterfield- here Mr. McPhail- here Mr. Brandgard is absent Mr. Dunkin- here Mr. Kirchoff- here Mr. Gibbs- here Five members present, one member absent, we have a quorum for the purpose of conducting business. PLEDGE OF ALLEGIANCE Mr. Gibbs: If you would, please stand for the Pledge of Allegiance. APPROVAL OF MINUTES- August 2, 2010 Mr. Gibbs: I assume everyone s had the opportunity to review the minutes from August 2 nd and if so and there is no corrections I will entertain a motion. Mr. Dunkin: So move. Mr. Kirchoff: Second. Mr. Satterfield: Abstain. Mr. Carlucci: Mr. Satterfield has abstained, Mr. Dunkin made the motion and Mr. Kirchoff seconded the motion to approve the minutes. Thank you. PETITITONS FOR PUBLIC HEARING Mr. Gibbs: I m just looking at our audience. Mr. Gibbs reviewed the guidelines governing the conduct of public hearings. So with that we are going to go right into the first petition which is CP Mr. James we will turn it over to you. Mr. James: Good evening Mr. President and members of the Plan Commission. This is an amendment to the comprehensive plan, we reviewed this last month. We are actually going to amend the future land use map. Back when the comprehensive plan was originally done in 2004 this area south of Main Street between Lawndale, Holiday/Buchanan was shown as community commercial when it should have been medium density residential. With this amendment we are going to change this block to medium density residential so it will be compatible with the residential areas to the south. There are eleven homes that front Main Street and then nine homes that front on Buchanan so it is pretty straight forward amendment and we are actually amending the future land use map. Mr. Gibbs: Does anyone on the Board have any questions for Mr. James? Mr. Kirchoff: Does it take a recommendation or what do we do? Mr. Carlucci: You would have to approve it before it took to Town Council for final action. Mr. Kirchoff: It s really more just clean up what we overlooked, so I would move that we forward CP to the Town Council with a favorable recommendation. Mr. Satterfield: Second. Mr. Gibbs: I have a motion and a second. Mr. Carlucci would you poll the Board on this one? PLAINFIELD PLAN COMMISSION September 9,

2 Mr. Carlucci: Motion was made by Mr. Kirchoff, seconded by Mr. Satterfield. Mr. Satterfield- yes Mr. McPhail- yes Mr. Brandgard is absent tonight Mr. Dunkin- yes Mr. Kirchoff- yes Mr. Gibbs- yes Five ayes, one absent, motion is approved. OLD BUSINESS/NEW BUSINESS Mr. James: That closes our public hearing portion of the meeting for tonight. Next we will go to old business and new business. I m going to ahead and discuss the plan commission invitees before Jill gives us a summary on her reports. This is 3425 Hunt Street, property owner is Stanley Thompson, Mr. Thompson did not show up tonight and I have not heard from Mr. Thompson. I sent the zoning violation on August 3 rd for high grass, weeds, junk trash and debris. The grass is in the back yard and weeds over knee high and they had a pool in the back above ground with stagnant water and that was also part of the violation. After I sent the notice I went back out. They did drain the pool and got the stagnant water out of there. I have not heard from them and then this property was brought to the Plan Commission last year for the same issues, appearance of the property and we gave them thirty days to clean it up, they made some progress so no citations were issued. That was last year. They haven t done much to maintain this property so maybe if we send them a citation that will get their attention. Mr. Gibbs: agree? That sounds like the correct thing to do, does everybody Mr. McPhail: They had the opportunity to show up tonight. Mr. James: Second invitee was Central Park Apartments for phase II, they didn t finish up some of the perimeter landscaping and Jill has been working with them and with the dry conditions we are going to give everybody to the end of October to get their landscaping in so we hope to get that resolved by the end of October. So with that I will have a seat and Jill is going to go over the two reports she submitted. Mr. Gibbs: Ok, thank you. Ms. Sprague: The first one is the downtown parking study, basically we did this study because I hear from many people that nobody thinks there is enough parking downtown and so just to see what we got, I did a parking study. Just to give you a little bit of an overview the Town Center is that aqua color in the middle and that is technically the area that the Historic Plainfield Town Center which our Main Street Group covers right now and it is our Town Center zoning district. Then later on I will also talk about parking within a quarter mile buffer which is a five minute walk if you walk at three miles per hour and then there is also a little bit of parking that I have taken into consideration just outside of there that is public parking. Just to make things short there are quite a few lots in the Town Center district that are available for parking or were used for commercial uses. There are going to be twenty-six marked on the street parking spaces on Vine Street and overall I found that there were 503 parking spaces in the downtown district, that is just the unreserved parking spaces, so they are not reserved for handicapped and they are not reserved for residents, and they are not reserved for specific businesses, 503 parking spaces. Within the five minute walk, there are 144 spaces and then once the new stuff at P.Y.A.C. gets done there are going to be 173 more. Then outside of the five minute walk at Friendship Gardens, Franklin Park, and then on the farther side of P.Y.A.C. there are 364 parking spaces. Just one thing to note, I did go through the assessor s information, gathered the square footages for all the buildings and then tried to compare those to either what was an existing use there or either commercial or office which are the same requirements. Restaurants would probably require a little more than those two types of uses. But otherwise I ve taken the square footage of those and calculated them for office or retail use and the requirements in the downtown district is one half of what is required for other commercial districts. Ideally you are going to come downtown and you are going to walk from where ever you parked instead of driving PLAINFIELD PLAN COMMISSION September 9,

3 from each place to the next place. Basically what I found was that the Town Center district with the handicapped or in the reserved spaces and the free spaces there are 553 available and required are 528 so technically we ve got enough to fill every single building completely full with some sort of business and we would have enough parking. That doesn t include the theater either; I should mention that, the theater might require a little more parking as well. Then just inside the five minute walk buffer, there are a few neighborhood businesses up here. Including those there are another 68 required but obviously with the 367 available parking spaces in that buffer area that is not going to be a problem. This did not include any parking that would be like in a church. So if we had an event maybe we could work with the church or a school to see if they would let us have people park there to come visit or maybe even at Christmas time during the shopping season if it is not Sunday then maybe the church wouldn t have a problem with having people park there. Are there any questions about that report? Mr. Carlucci: Did you count the trail head at White Lick Creek? Ms. Sprague: I did, yes, it is within the buffer. Mr. Gibbs: Jill, in your study, did you happen to indicate where the signage that said Ms. Sprague: I didn t, and right now isn t necessarily the best way to do it because I think those signs have been taken down. That is something Don was talking about at the meeting this morning and he said that there are going to be more that there were before and that might be one of the things we need to work on is showing people where the parking is, because I think that is the main problem, people just don t know that it is there, because obviously we have enough parking. One of our Historic Plainfield Town Center members was talking to a lady at the Library and she said there is not enough parking, downtown won t work there is not enough parking. She literally told him that so that was one of the things that spurred this. Even a lot of members of that group don t think there is enough parking. Mr. Gibbs: They may think that it is private parking and not aware of how much it is public parking. Ms. Sprague: That is true, a lot of it is private and right now, not a lot of it is reserved. I know for a while Pro-trans had about 40 parking spaces reserved. One of the things we might be able to do is work with the various private entities that own parking lots and ask them to not reserve their parking and keep other people from being able to use it if possible. Mr. Kirchoff: Did you also include on street just like out side of residential did you count that at all? Ms. Sprague: The only ones I counted were on Vine Street because I don t know if those are going to be marked but they know how many will fit after the construction is done. There are spaces along Mill Street, I ve seen people I think I marked that on East Street and on Wabash Street, so there are other places to park on the street, it is just those are the formal ones I found. Mr. Gibbs: I don t know if you worked with Don on that but I would suggest when the new signs do go up that they say public parking. Ms. Sprague: I think that is the sign we had before was the green ones with the arrow. They are pretty standard so if you have parked in someone else s space downtown that would be the same kind of signs. Mr. Gibbs: They are learning how to cut through the parking lots now. Mr. Kirchoff: Have you communicated any of this back to your group? Ms. Sprague: No, I wanted to tell you guys first but I will now. Mr. Gibbs: Just out of curiosity, somebody is riding a bicycle on a trail and comes downtown, where do they park their bikes or where do they park their bikes now? PLAINFIELD PLAN COMMISSION September 9,

4 Ms. Sprague: I don t know, I don t think we have any. Then the other report is about the nonconforming signs in town. It is a little bit of an extension of the amortization that we talked about earlier. Just as a summary I took as many photos as I could but I realized I missed one over the weekend so I make no guarantees that this is all of them. For the primary type of sign that is nonconforming is pole signs. We changed our ordinance just a few years ago to take free standing sites to only allow them to have ground signs, so now pylon and pole signs are only allowed for integrated centers, so any place that has like McDonalds has a pole sign just for itself, those are no longer permitted by the ordinance. So they are all grandfathered now. That is where most of those come from. Pylon signs for the same reason because they are not integrated center pylon signs typically. Then roof signs never have been permitted, so those will be pretty old signs. Billboards are not allowed within 600 of a Gateway Corridor, we have several along 267 and Main Street. On I-70, we are not counting it. The Federal Government has a special regulation over those so we can t do any amortization for those. Then there are just a few random signs that are not permitted maybe because they are too big or whatever. I also wrote a section about the gateway corridor requirements, we have a hierarchy where for individual letters signs and raceway signs and so on. I did do an inventory of those while I was out; those signs are technically considered not nonconforming right now. It is possible some of them are but for the most part I think those are probably ok. I did do the inventory on them just in case we got to the point we needed to have those on hand. The main thing that we can do right now that our ordinance already says if a sign has been abandoned or not in use by the business it is associated with for six months and we can ask them to remove those right now. I found, well not eight of those but one or two of them have more than one sign, but those are in your report. The bottom two are on the corner of Stafford and 267, there is a building there, the sign on the top row, that one is right on the corner of 267 and Main Street on the southwest. Then the roof signs those are up at Vestal Road, I think only one of them is in use right now. Mr. Carlucci: That might be coming down completely. Mr. Sprague: Then these are a couple of signs along Main Street primarily that are not being used. Mr. Satterfield: When do they become nonconforming? After the six months or when a new business comes in? Ms. Sprague: The nonconforming comes from when they don t meet the ordinance requirements anymore. Mr. Dunkin: When is that? Ms. Sprague: When the ordinance comes into effect. Mr. Kirchoff: You didn t answer his question yet Jill, right here. Ms. Sprague: Well, that is when they are nonconforming. Mr. Satterfield: I know it says after six months but Ms. Sprague: After six months of them being abandoned we can take them down. Mr. Satterfield: at that time? So the other building is supposed to take them down Ms. Sprague: No, not right now. Right now our ordinance only allows us to ask them to take them down if the sign has been abandoned. Mr. Kirchoff: I m confused Jill. Mr. Carlucci: For example the one that is down by Marsh Plaza, if that business has been empty for six straight months. That can be ordered to be taken down. Mr. Kirchoff: new sign? Why don t we just wait till they come in and ask for a PLAINFIELD PLAN COMMISSION September 9,

5 Ms. Sprague: Actually because if they just reface those signs, that doesn t require a permit, so if somebody went in there and put a sign up then it would be used and it wouldn t be abandoned anymore and then we couldn t ask them to take it down. Mr. Carlucci: It would still be conforming but it would be a legal nonconforming use if they got that sign face back in there. Mr. Satterfield: When do they have to take the signs down? Will they ever? Ms. Sprague: These are eligible to try and enforce the ordinance against them because they are abandoned now. Mr. McPhail: I thought that if they were abandoned for six months we had to (inaudible). Then that way if someone wanted to come in and lease that building they are going to want to use that sign. Mr. Gibbs: That is exactly right. Mr. McPhail: I think once they hit that six months there aught to be notified (inaudible). Mr. Satterfield: But is this a good time to do that? That is an awful lot of signs. Mr. Kirchoff: No. Ms. McPhail: No, right now they can be nonconforming and still be legal if it s maintained. Mr. Kirchoff: It s just when you give us pictures of now or previously abandoned greater than six months. Ms. Sprague: Right. Mr. McPhail: I d love to have an ordinance that at a certain time you have to take them down, but I don t know if now would be the right time to do that. But I do think if they have been abandoned right now is the time to get rid of them once they hit that abandonment. But we have seventy some more that are not being used. I m not sure if now is the time. Mr. Kirchoff: Ninety-eight wasn t it? Ms. Sprague: Eighty-nine I think and actually these have probably been abandoned for far more than six months. Mr. Gibb: Absolutely, these eight. Mr. McPhail: or anybody. Nobody is using those signs right now, no value to them Mr. Daniel: They will come in here after they have already consent a sign to come in to get a sign up and spend some money and then (inaudible) we spent all of this money on a sign up there (inaudible) we ve been done that way, way too many times. Mr. Gibbs: I m probably the short timer here, but if I look at each one of these signs and where they are at, with the exception of the one out there in front of Marsh the yellow post, the Tucker sign. Most of those people have been in here because they have had problems with it, either here or at BZA. Mr. Kirchoff: That is a Century 21. I was frustrated to see that was still being proposed. I thought last time we said we weren t ready to consider that. I m against it philosophically and then I think Gary makes a point, this is not the time to be too considering something like that anyway. To me, signs are a negative we hear out in the community a lot and I think we ve just got to be very, very careful in any kind of sign changes. Mr. McPhail: You know, I think if we do move forward I m not sure what the cycle is (inaudible). At one time I think there s got to be someway (inaudible). PLAINFIELD PLAN COMMISSION September 9,

6 (Inaudible) Mr. Carlucci: Well if you send them a letter, you might want to let them know to get them down and that they have six months. I think it is just as well to put them on notice. They can t use that sign anymore as opposed to taking them down. Mr. Daniel: That is true. Mr. Kirchoff: I d be more comfortable doing that. They aren t generating any money and we are making them come back in and spend some money. Ms. Sprague: I also should clarify this is just this top part is not being used. The Natural Emporium is there in the building I believe. Mr. Satterfield: saying What about some of these unused signs that you are Ms. Sprague: These are the ones. If you are looking at the appendix these are those specified. Mr. McPhail: So these are the third of the ones abandoned. Ms. Sprague: Right. Mr. Gibbs: Looks like you have a consensus is that correct, consensus on these eight? Mr. Kirchoff: To do what? Mr. Gibbs: To notify them that they are nonconforming and we wouldn t approve new signage and to take those signs down. Mr. Kirchoff: Ok, until we get to the last part. Mr. Satterfield: What kind of time frame are you giving them? Mr. Kirchoff: I guess if someone rented the building or something and now they are going to generate some revenue, now they ve got someone to come in and offset that but that is just a personal I guess I m comfortable with it all except the dental office building there where Ralph used to be. I know you can t split hairs. Mr. Daniel: there? On that roof sign one is the business still operating Mr. Kirchoff: No, it is empty. Mr. Gibbs: I guess where I come from that, just my personal opinion is if you don t have the money you aren t going to take it down in the first place. At least they ve been put on notice, and if they take them down they got the money. They are going to see it as an expense to take it down, if they take it down they got the money, they know their budget. But if not at least they have been notified and went in business with this in there. Mr. Kirchoff: My final question, suppose they don t take them down. Are we going to do anything? Mr. James: They will be in violation of zoning ordinance. Mr. Daniel: Same process, a zoning violation whether it is a sign. Mr. Carlucci: It is also the same process that we ve gone through before, all of these can blow over and be down and losing no matter what. Mr. Kirchoff: I understand. Mr. McPhail: I think that we aught to have a time limit and give notice by a certain time. It s got to be something reasonable. My opinion is even if you give everyone 120 days you re accomplishing something, your at least moving to get them down. Mr. Satterfield: As long as we treat everybody the same. PLAINFIELD PLAN COMMISSION September 9,

7 Mr. Kirchoff: That is the key. Mr. McPhail: I suggest that we notify and give them 90 days to take them down. I don t know if there is some kind of tag you can put on it and tag them with a notice. Mr. Daniel: The letter would advise them that it is nonconforming and it s lost it Mr. Kirchoff: We don t know who the owners are. Mr. Satterfield: Do they already know? Mr. Daniel: Probably not. Mr. McPhail: Some of them may know. Mr. Kirchoff: The one in the top left hand corner, we ve had them in and we ve talked to him a year ago and he was ready to sell it. Remember that? It was in July or so a year ago all within three days of selling the place. I know I drove by there today and I think maybe that church is still in there, but that is the only thing that is in that strip mall. It looked empty. Mr. McPhail: I move we notify the abandoned nonconforming signs that they have 90 days to remove them. Mr. Daniel: And that they are put on notice if the signs lost its non legal conforming. Ms. Sprague: Should we worry about that top right one since it is only the top part of it is abandoned? Mr. Daniel: That is a problem. Ms. Sprague: Maybe just not do that one right now. Mr. Daniel: I would hold off on that one. Is that out on US 40 East? Ms. Sprague: Right, it is next to the marathon there. Mr. McPhail: Would it be conforming if that top part is on there? Ms. Sprague: Actually I think that is an integrated center now that I think about it because there is more than one business in that business. So maybe if they used it, it would be conforming. It was depending on it might be a little bit too big. Mr. Gibbs: Ok, I have a motion made by Kent. Second? Mr. Satterfield: Second. Mr. Gibbs: Mr. Carlucci would you poll the Board? Mr. Carlucci: Mr. Satterfield- yes Mr. McPhail- yes Mr. Dunkin- yes Mr. Kirchoff- yes Mr. Gibbs- yes Five ayes, one absent, the motion is approved. Mr. McPhail: Good work Jill. Mr. James: That is all we have for tonight. ADJOURNMENT Mr. Kirchoff: I move we adjourn. Mr. Satterfield: Second. Mr. Gibbs: I have a motion and second, all those in favor. PLAINFIELD PLAN COMMISSION September 9,

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