The regular meeting of the City of Washington Planning Commission was called to order at 6:34 p.m. in the meeting room at Washington District Library by Chairman Mel Joos.

Present and answering Roll Call were Commissioners Jeff Borders, Mel Joos, Jeff Fuerst, Doug Wilson, and Tom Brecklin. Commissioners Bill Bradle, Bill Hartter, Jim Linsley, and Carol Moss were absent.

Also present was Planning & Development Director Jon Oliphant, City Clerk/Planning Commission Secretary Pat Brown, Alderman Bob Brucks, Alderman Jim Gee, Tony Berry, and Dean Essig.

Commissioner Fuerst moved and Commissioner Wilson seconded to approve the minutes of the December 2, 2009 Planning Commission meeting as presented. Motion carried unanimously by voice vote.

A public hearing for the purpose of hearing comment pertaining to Subdivision and Zoning Code text amendments was opened for comment at 6:40 p.m. P & D Director Oliphant gave a brief summary of how these proposed amendments came about. A building permit was issued in December of 2007 for a 5-unit condominium on Jesse Street, which has been completed with one of the five units having been issued a certificate of occupancy. At the time of building permit issuance there were an additional three 5-unit condo's planned. Due to changes in lending practices, it is now required that 70% of the units be sold before secondary financing can be secured. The constructed building is now sitting unoccupied. Dean Essig and Tony Berry have approached the city about converting this structure into a rowhouse. The structure is not a typical rowhouse design as it does not front onto a public street. Staff has met with the Public Services Committee and the following amendments to the City's Subdivision Code are proposed: allowance for shared elements, such as driveways and roofs, so long as the maintenance and management agreements for those elements are submitted to and approved by the city; and rowhouses would be excluded from the requirement for access and frontage onto a public street. Amendments to the City's Zoning Code include the following: definition of rowhouse; each unit would have a minimum of 20' of lot width per rowhouse lot, with a minimum lot width of at least 75'; and an ingress/egress easement will need to be provided along at least one side of the structure as well as 10' adjacent to the rear of the building.

Chairman Joos asked for comments from the audience. Mr. Dean Essig, 601 S. Elm Street, complimented Jon for spending time with himself and Tony Berry regarding what is being proposed to you this evening. A great deal was discussed regarding condominium restrictions and Jon has incorporated proposed amendments that will help in making this project work in light of the recent changes in lending practices. This concept has blended condominium with multi-family and produced a goal that will benefit the community and provide reasonably priced homes. He made reference to the Harkins duplexes and said this change will provide for a lot of the same things and told Jon he appreciated his work on this.

At 6:48 p.m. the public hearing was closed.

Chairman Joos indicated that because the proposed amendments to the Subdivision and Zoning Codes are connected to this one project that there will be one hearing for both proposed code changes.

Commissioner Borders commented that he does not have a problem with rowhouses or affordable homes but we seem to keep bending things in our ordinances to make a project work and we need to be thinking about how future planning issues are impacted by this.

Chairman Joos shared his concern with the proposed changes being based on this project and does not want to duplicate what did not work and make this the City's rowhouse regulations.

Discussion ensued on how this project started as a condominium development and how the changes in bank lending practices affected it and the need to look at alternatives to market this and other properties in the community that have been affected by this change.

P & D Director Oliphant advised that the primary difference in this project is there is no frontage on a public street. Mr. Essig added that the proposed design is to have two buildings facing each other, perpendicular to the street, with a shared driveway between.

Further discussion ensued about the concept of fronting onto a public street and how this project cannot meet this road requirement. It was noted again not to make a special ordinance change for this specific project and to look at the changes more wholly.

Commissioner Fuerst commented that he would like to see a separate zoning classification for this type of project because R-2 zoning encompasses a lot of things and there is a potential issue with saturation as well.

Discussion ensued about building density, replatting, etc. within the R-2 zoning classification. There was also discussion about the possibility of tabling this item to allow time for more research to be done.

Commissioner Borders asked P & Z Director Oliphant if this is the document we want for rowhouses, and he replied that he is comfortable with it. He also noted that an alternative would be to consider a rowhouse width for frontage and have the Planning Commission rule on unique circumstances.

Commissioner Wilson indicated that the only revision to the proposed changes would be for rowhouses to have frontage on a public street. Discussion ensued regarding the phrasing of the motion.

The final motion was to accept the amendments as presented with the following exceptions: to strike the italics in §152.019 (H) (1) "With the exception of rowhouse lots," and to add the following to §152.019 (H) (3) (a) "with the exception of a rowhouse lot, which shall have twenty (20) feet." at the end of "Each lot provides for a minimum width at the right-of-way line of sixty (60) feet,".

Commissioner Fuerst moved and Commissioner Wilson seconded to recommend approval of the text amendments as amended. 
On roll call the vote was: 
Ayes: 5 Borders, Brecklin, Joos, Wilson, Fuerst 
Nays: 0 
Motion declared carried.

Election of Officers - Commissioner Fuerst nominated Mel Joos as Planning Commission Chairman for the upcoming year. There was a call for additional nominations. There were no further nominations and nominations were closed. Motion carried by voice vote. Commissioner Mel Joos will serve as Planning Commission Chairman for the upcoming year.

Commissioner Borders nominated Doug Wilson as Vice Chairman of the Planning Commission. There was a call for other nominations. There were no further nominations and nominations were closed. Motion carried by voice vote. Commissioner Doug Wilson will serve as Vice Chairman for the upcoming year.

Commissioner Borders moved and Commissioner Fuerst seconded to approve the Annual Report for the period October 1, 2008 through September 30, 2009. Motion carried unanimously by voice vote.

P & Z Director Oliphant summarized the four proposed changes to the Home Occupation regulations. 1) The Code Enforcement Officer would be given the ability to grant a home occupation permit for uses that are not listed within the Administratively Granted Permits section. 2) Include a prohibited home occupation's list. 3) Include a specific provision for the ZBA to look at cases on an individual basis. 4) Adding a thirteenth condition under the Conditions for Use section that would require the owner, if different from the applicant, to give consent to the proposed home occupation. He added that this should be adequate to take care of concerns and asked if there were any questions.

Chairman Joos indicated that he would like to see a provision that allows for one person outside the immediate family to be engaged in the business onsite. There are more things being done out of the home and there are types of businesses that require an outside person to be on the premises. He made reference to the list of prohibited home occupations and would like to see guns and/or ammunition sales establishments removed. He did not like the limits that this would place on someone who might want to sell guns from their home. Commissioner Brecklin mentioned that he thought massage parlors were to be included on this list and it was mentioned that they are covered under the Adult Use ordinance so they would not be included here. Commission Borders asked how this list would be monitored if someone were doing one of the prohibited occupations from their home and Oliphant replied it would more than likely be complaint driven. If someone were to come to us with a home occupation request that was listed on our prohibited occupation list it would be denied. Commissioner Wilson indicated that he agrees on the one person outside the immediate family being engaged in the business onsite and although not opposed to guns, has a concern about the size this could get to.

Jim Gee, Alderman, Ward IV, indicated that he would like to see the language in §154.306 (3) (d) (i) removed and asked where it might have come from. P & Z Director Oliphant replied that it is elsewhere in the code and that is why it is there.

There was no additional discussion and no additional business and at 8:46 p.m. Commissioner Borders moved and Commissioner Fuerst seconded to adjourn. 
Motion carried unanimously by voice vote.