PLANNING & ZONING COMMISSION

CITY HALL, 100 LOCKVILLE ROAD

TUESDAY, AUGUST 8, 2006

 

PUBLIC HEARING

7:20 P.M.

 

OPEN DISCUSSION REGARDING THE REZONING AND PRELIMINARY DEVELOPMENT PLAN FOR APPROXIMATELY 11.023 ACRES FROM R4 RESIDENTIAL AND C3 COMMUNITY COMMERCIAL TO PC3 PLANNED COMMUNITY COMMERCIAL AT THE NORTHWEST CORNER OF SR 256 AND DILEY ROAD FOR A COMMERCIAL DEVELOPMENT (JDC REAL ESTATE DEVELOPMENT LLC & PB DILEY ROAD LLC)

 

 

Mr. Blake opened the public hearing at 7:20 P.M., with the following Commission members present:  Mrs. Hammond, Mr. Blake, Mr. Nicholas, Mr. Kramer, Mr. Bosch.  Mr. Binkley and Mr. Sauer were absent.  Others present were:  Lynda Yartin, Stacey Bashore, Lance Schultz, Joe Henderson, Phil Hartmann, Brenda VanCleave, Jim VanKannel, George Lenhart, Laura Lenhart, Joe Henry, Peter Macgin, John Henry, Jeanne Cabral, Nick Cavalares, Joe DiCesare, Ben Payne, Mike Elsworth, and others.

 

Mr. Schultz stated that the existing 11 acre parcel is divided into two zoning districts.  He stated that the applicant wants to rezone the entire parcel to Planned Community Commercial for a commercial development.  It would be a strip center with three out lots.

 

Mr. Blake determined there were no comments either for or against the proposed rezoning.

 

There being nothing further, the public hearing closed at 7:24 P.M., August 8, 2006.

 

 

 

RESPECTFULLY SUBMITTED:

 

 

 

                                                                                                                                   

Stacey Bashore,                                               Lance Schultz

Deputy Municipal Clerk                                    Director, Planning & Zoning


PLANNING & ZONING COMMISSION

CITY HALL, 100 LOCKVILLE ROAD

TUESDAY, AUGUST 8, 2006

 

REGULAR MEETING AGENDA

7:30 P.M.

 

1.         ROLL CALL.  Mr. Blake called the meeting to order at 7:30 P.M. with roll call as follows: Mrs. Hammond, Mr. Blake, Mr. Nicholas, Mr. Kramer, and Mr. Bosch were present.  Mr. Binkley and Mr. Sauer were absent.  Others present were:  LyndaYartin, Stacey Bashore, Lance Schultz, Joe Henderson, Phil Hartmann, Brenda VanCleave, Jim VanKannel, George Lenhart, Laura Lenhart, Joe Henry, Peter Macgin, John Henry, Jeanne Cabral, Nick Cavalares, Joe DiCesare, Ben Payne, Mike Elsworth, and others.

 

2.         A.        APPROVAL OF MNUTES OF July 11, 2006, Public Hearing regarding amended comprehensive sign plan at 5 West Columbus Street (Sasha Li). Mr. Kramer moved to approve; Mr. Nicholas seconded the motion.  Roll call was taken with Mrs. Hammond abstaining and Mr. Bosch, Mr. Blake, Mr. Nicholas and Mr. Kramer voting “Yea.”  Motion passed, 4-0.

 

            B.         APPROVAL OF MINUTES OF July 11, 2006, Public Hearing regarding rezoning and final development plan for the Pickerington Assisted Living Facility, located on the west side of S.R. 256.  Mr. Kramer moved to approve; Mr. Nicholas seconded the motion.  Roll call was taken with Mr. Bosch, Mr. Nicholas, Mrs. Hammond, Mr. Kramer, and Mr. Blake voting “Yea.”  Motion passed 5-0.

 

C.                 APPROVAL OF MINUTES OF July 11, 2006, Regular Meeting. Mr.

Bosch moved to approve; Mr. Kramer seconded the motion. Roll call was taken with Mr. Kramer, Mr. Nicholas, Mr. Blake, Mrs. Hammond, and Mr. Bosch voting "Yea." Motion passed 5-0.

 

3.         SCHEDULED MATTERS:

 

            A.        Review and request for a motion to approve Commercial Design Guidelines Certificate of Appropriateness for Site Plan/Building Materials for Outdoor Seating for DiCarlos Pizza at 10501 Blacklick Eastern Road.  Mr. Henderson reviewed the report presented to the Commission and stated that the site plan and building materials were approved by the Commission in May of 2004. He also stated the landscaping plan and the comprehensive sign plan were approved in July of 2005 and the lighting plan in September of 2005.  Mr. Henderson stated that the applicant is proposing an outdoor seating area.  He stated that this would add three tables for up to 12 patrons that would be along the northern side of the building.  Mr. Henderson stated that the staff supports this request with the following three conditions:

 

                        1.         That 36-inch walkway/access clearance shall be maintained in the outdoor dining areas.


                        2.         That none of the tables shall block any emergency exits.

                        3.         That the outdoor tables and chairs shall not be plastic.

 

Mr. Mike Elsworth introduced himself on behalf of the applicant and stated he had no questions with the staff recommendations. Mr. Kramer asked if all of the seating would be outside.  Mr. Elsworth stated they have barstools inside the restaurant. Mr. Kramer asked if there would be any public restrooms in the restaurant.  Mr. Elsworth stated there is a restroom in the back for the employees.  Mr. Kramer asked if there is something that requires public restrooms for restaurants with seating.  Mr. Schultz stated that is a State of Ohio Building Code issue. Mr. Schultz stated that he will get with Mike Stacy, our CBO, to see what the criteria would be.  Mr. Kramer asked from a legal standpoint if there is a difference for outdoor seating vs. indoor seating.  Mr. Kramer stated he would like a point of clarification.  Mr. Hartmann stated there is nothing in the City's zoning code; this would be a State of Ohio Code issue.  Mr. Blake asked that we make a stipulation in the approval or denial of this that it doesn't go against the Ohio Building Code.  Mr. Schultz stated that regardless of whether we approve or deny this, it would have to meet the State Code. Mr. Kramer moved to approve with staff recommendations including clarification that we are abiding by the Ohio Building Code for restrooms in a restaurant, Mr. Bosch seconded the motion.  Roll call was taken with Mr. Kramer, Mr. Bosch, Mr. Nicholas, Mrs. Hammond and Mr. Blake voting "Yea." Motion passed 5-0.

 

            B.         Review and request for a motion to approve a Comprehensive Sign Plan for Wall Signage for the City Building Department at 51 East Columbus Street.  Mr. Schultz reviewed the report presented to the Commission and stated that the City is proposing to install an approximate 10-1/2 square foot wall sign.  He stated staff supports the request with the following two conditions:

 

                        1.         That the wall sign shall be limited to three colors.

                        2.         That the wall sign shall have a matte finish.

 

Mr. Kramer moved to approve with staff recommendations; Mr. Bosch seconded the motion.  Roll Call was taken with Mr. Blake, Mr. Bosch, Mr. Nicholas, Mr. Kramer, and Mrs. Hammond voting "Yea."  Motion passed, 5-0.

 

            C.        Review and request for a motion to approve a Comprehensive Sign Plan for Wall and Ground Signage for Sunoco at 1225 Hill Road North.  Mr. Henderson reviewed the report as presented to the Commission and stated staff supports the request with the following eight conditions:

 

                        1.         That all signs shall have a matte finish.

                        2.         That the ground sign shall consist of three colors, one color for the background and one color for the lettering.

                        3.         That the directional signs shall not be illuminated.

                        4.         That the directional sign material shall be identified and be compatible with other recently approved directional signs.

                        5.         That all wall signage and graphics shall have channel letters with a matte finish, limited to three colors and shall be internally illuminated.

                        6.         That the canopy band shall be a natural color to match the two buildings on the site and the sign shall have channel letters if illuminated.

                        7.         That the signage on the canopy shall be located on the east, north, and south elevations and limited to 14 square feet on each side.

                        8.         That cut sheets with the appropriate specific documentation shall be submitted for each sign.

 

Ms Jeanne Cabral and Mr. Jason Gunsorek stated they were present representing the applicant.  Ms Cabral stated for the ground sign, the Sunoco logo has three colors, and asked for clarification on the background and lettering for the sign. Mr. Schultz stated it made sense to have all of the ground signs have one color background and one color lettering to prevent a haphazard look. He clarified that would be three colors on the logo and two colors on the ground signage. Mr. Schultz stated a blue background with either white or red lettering would be appropriate. Ms Cabral stated she would then request a blue background with white lettering for the ground sign. Mr. Schultz stated the three colors then for their signage would be blue, red and yellow.  Ms Cabral stated they had no problems with staff's recommendations.  Ms Cabral stated the tenant had also requested putting another barrel ball sign above the Pizza Pan shop. Mr. Henderson stated this would be approximately the same square footage as the two barrel ball signs over the two doorways.  Ms Cabral stated that was correct, it would be over the doorway to the shop. Mr. Henderson stated it would be consistent with the other two doorways. Mr. Schultz stated this Commission approved the building Certificates of Appropriateness a year or so ago, and this Commission would have to be comfortable with that new element on the roof.  Mr. Nicholas clarified the barrel ball sign would be smaller, but would be in proportion to the doorway.  Mr. Nicholas stated he felt a barrel ball sign would get all of the signage up and take away from the blank look of the hip roof.  He further stated he felt it would be an enhancement rather than a detraction.  Mr. Nicholas further clarified that for the carwash; the box will be recessed so the backsides of the letters are flush with the surface they are mounted on.  Mr. Schultz stated he would request the revised elevations be submitted for record purposes.  Mrs. Hammond stated as she understood it, the ground signage would have white letters on a blue background and the red, yellow and blue Sunoco logo.  Mrs. Hammond further stated the building signs would be red, yellow, and blue.  Mr. Schultz stated he understood the ground signage would be a blue background with red lettering.  Ms. Cabral stated the ground sign would be a blue background with white lettering.  Mr. Schultz stated the three colors for all building signage would then be red, blue and yellow. Ms Cabral stated that was correct. Mr. Nicholas moved to approve with staff recommendations and with the conditions that the ground sign would have a blue background with white lettering and the building signs would be red, blue and yellow, and with the condition that an updated elevation be provided to staff; Mr. Kramer seconded the motion.  Roll call was taken with Mrs. Hammond, Mr. Nicholas, Mr. Blake, Mr. Bosch and Mr. Kramer voting "Yea." Motion passed, 5-0.

 

            D.        Review and request for motion to approve a rezoning and preliminary development plan for approximately 11.023 acres from R4 Residential and C3 Community Commercial to PC3 Planned Community Commercial at the northwest corner of SR 256 and Diley Road for a commercial development (JDC Real Estate Development LLC & PB Diley Road LLC). (TABLED 2/14/06)

 

Mr. Kramer moved to remove this item from the table; Mr. Nicholas seconded the motion.  Roll call was taken with Mr. Bosch, Mr. Nicholas, Mrs. Hammond, Mr. Kramer, and Mr. Blake voting "Yea."  Motion passed 5-0.

 

Mr. Schultz reviewed his report as presented to the Commission and stated that staff supports the request with the following 14 conditions and with the following corrections to Condition No. 3 from Diley Road to Windmiller Drive and Condition No. 5 from $100,000 to 1/3 of the total cost:

 

            1.  That the proposed plan shall be revised to meet the above traffic access plan, building/parking setback requirements and buffering requirements.

            2.  That the proposed development shall meet all other City development requirements.

            3.  That the access point along Windmiller Dr. shall be a right-in curb cut only.

            4.  That out lots 1, 2 and 3 shall have access from the internal access road only.

            5.  That 1/3 of the total cost to widen Old Diley Road shall be paid to the City for the establishment of an escrow account for the widening of Old Diley Road.

            6.  That 30 feet of right-of-way from the centerline of Old Diley Road shall be dedicated.

            7.  That a dedication plat and legal description shall be prepared for the City to accept and record the right-of-way as needed along SR 256, Diley Road, Windmiller Drive and Old Diley Road per the City Engineer.

            8.  That the parking setback along Old Diley Road shall be reduced from 18 ft. to 12 ft.

            9. That a six-foot wide sidewalk shall be extended along SR 256, constructed along the south side of Old Diley Road to connect to SR 256 sidewalk and a four-foot sidewalk extended along Diley Road.

            10.  That all retail buildings and out lots shall be connected by sidewalk to the City public sidewalks.

            11. The engineering details pertaining to roadway width, right-of-way, turn lane locations, deceleration lanes, etc., would need to be reviewed and approved by the City Engineer.

            12.  That the parking spaces for the two retail strip centers shall be reduced from 321 to 273.

            13.  That the site plan shall be in compliance with the tree preservation ordinance.

            14.  That the site plan shall be in compliance with the fire department requirements.

 

Mr. Schultz stated that all buildings will have to get Certificates of Appropriateness approval for site plan, building materials, landscaping and lighting, this would occur after the rezoning process.  Mr. Schultz stated the applicant can provide a cost estimate for Old Diley Road widening for City review.

 

Mr. Ben Payne and Mr. Nick Cavalares introduced themselves as the applicant.  Mr. Cavalares stated they agreed with just about everything.  Mr. Cavalares stated that there are some contradictions with the Windmiller Road condition and the Fire Department letter.  Mr. Cavalares stated that they prefer two ways of egress and right now there is only one.  Mr. Cavalares stated they would like some assurance that they can still talk about the second way of egress.  Mr. Schultz stated that by the time this comes back to P&Z we will likely have the access issues solved. Mr. Blake asked if the full access off of Old Diley and the full entrance service access off of Windmiller meet the fire department's requirements.  Mr. Schultz answered that it does, Staff's request is that the Windmiller access be a right-in only.  Mr. Schultz added the concern is that we have a lot of right-in/ right-out's that turn into left-in's.  Mr. Schultz stated we can review it further, but our initial thought is to keep that as a right-in only.  Mr. Bosch stated he would not recommend having a full access point to Windmiller Drive.  Mr. Schultz stated when we have further discussion we can hammer out the conditions a little further.   Mr. Kramer stated our representative from the Fire Dept is very willing to work with us and hammer out the details. Mr. VanKannel asked where the deceleration lane would be.  Mr. Schultz stated it appears that the deceleration lane starts just south of where old Diley Road connects with S.R. 256.   Mr. Schultz added that one of the issues with the deceleration lane length is the property north of Windmiller Drive is owned by T&M, so the deceleration lane couldn't go any further north.   Mr. VanKannel asked if the right-in only is a prerequisite of this development.  Mr. Schultz stated the initial plan had a full access on new Diley Road and we would like to keep the integrity and control the curb cut accesses along that roadway.  Mr. Nicholas asked, as proposed, is there going to be an additional right-hand turn only lane.  Mr. Bosch stated there will be a dedicated right turn only lane at the signal in addition to what we have now. Mrs. VanCleave clarified that the Safety Committee is proposing to make the right most lane a right turn only at this time.  Mrs. VanCleave added that our eventual goal is to have an additional right turn lane at Diley.

 

Mr. Nicholas moved to approve with staff recommendations including the reworded condition No. 3 and Condition No. 5; Mr. Kramer seconded the motion.  Roll call was taken with Mr. Kramer, Mr. Nicholas, Mr. Blake, Mrs. Hammond, and Mr. Bosch voting "Yea."  Motion passed 5-0.

 

4.         REPORTS:

 

            A.        Planning and Zoning Director - Lance Schultz

 

                        (1)        BZA Report.  Mr. Schultz stated that we had one deck variance approved last month and we have two variances scheduled in August.

 

            B.         FCRPC - Lance Shultz.   Mr. Henderson stated that there were two proposed zoning amendments for land south of Hill Road that were approved.

 

 

 

5.         OTHER BUSINESS:

 

            A.        Tree Commission.  No Report.

 

            B.         Commission Discussion.  Mr. Kramer stated that he wanted to point out how important it is to be at the meetings and participate.

 

6.         ADJOURNMENT.  There being nothing further, Mr. Blake moved to adjourn; Mr. Kramer seconded the motion.  Mr. Kramer, Mr. Bosch, Mr. Nicholas, Mrs. Hammond, and Mr. Blake voted "Aye." Motion carried 5-0.  The Planning and Zoning Commission adjourned at 8:33 P.M., August 8, 2006.

 

 

 

RESPECTFULLY SUBMITTED:

 

 

 

                                                                                                                                               

Stacey Bashore                                                            Lance Schultz

Deputy Municipal Clerk                                                Director, Planning & Zoning