2. Resolution P.C. 38-07

A request to change the zoning designation of Inlot 6932 and Inlot 6933, located at 1012 Garbry Road, to B (General Business).

Mr. Schmiesing reported on the staff comments included in the packet noting that the proposed change in the zoning designation for this property is consistent and compatible with the surrounding zoning designations and property uses.

Mr. Alan Kappers spoke in favor of the item citing the property owner's intention to raze the existing dwelling unit in anticipation of using the property for a yet undetermined commercial use.

Mrs. Franz asked how this rezoning would affect the screening requirement for the movie theater use on the lots to the east. Mr. Schmiesing explained that screening between two lots each zoned for business would not be necessary, but noted that the screening would still be required between the subject parcels and the existing residential lot to the west should the subject parcels be developed.

With no additional questions or comments Mr. Taylor moved to approve the resolution and Mrs. Franz seconded the motion. A roll call vote followed with all members present voting in favor of the resolution. The resolution was adopted by a 3-0 vote.

3. Resolution P.C. 39-07

A request to amend section 154.005, and sections 154.060 to 154.066 of the zoning code, which include nonconforming and nonstandard use provisions.

Mr. Schmiesing reported on the staff comments included in the packet highlighting the nature of the proposed changes.

There was no one present to speak either for or against this resolution.

Mr. Oda asked about the nonstandard use provisions and after a brief discussion amongst the board members it was concluded sections 154.065 and 154.066 should be modified to treat the expansion of a nonstandard use much the same as the expansion of a nonconforming use as addressed in section 154.063. The result of the change would be that a special use permit would have to be authorized by the Planning Commission before the improvements can be permitted.

Mrs. Franz moved to amend the resolution Mr. Taylor seconded the proposed amendment.

With no additional questions or comments Mr. Franz moved to approve the resolution and Mr. Taylor seconded the motion. A roll call vote followed with all members present voting in favor of the resolution. The resolution was adopted by a 3-0 vote.

OTHER BUSINESS

4. Monthly Report

Mr. Schmiesing provided the monthly staff report, attached hereto as an exhibit.

5. Annual Miami Valley Ohio Planning Conference

Mr. Schmiesing reminded the Planning Commission members that their RSVP was needed by the end of the week if they plan to attend the MVOPC event.

6. Murals

Mr. Schmiesing reported that the research had been completed and that he would soon begin reviewing the material to identify the best examples of mural standards and approval procedures available. Mr. Schmiesing indicated he hopes to have the proposed code amendments for murals on the December Planning Commission agenda.

ADJOURNMENT

With no further business to conduct it was moved and seconded that the meeting be adjourned. With all those present in favor the meeting adjourned at 7:15 p.m.

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