PLANNING & ZONING COMMISSION

CITY HALL, 100 LOCKVILLE ROAD

TUESDAY, JANUARY 8, 2008

REGULAR MEETING

7:30 P.M.

1. ROLL CALL. Mr. Blake called the meeting to order at 7:30 P.M. with roll call as follows, Mr. Bosch, Mr. O'Brien, Mr. Blake, Mr. Binkley and Mr. Sauer were present. Mr. Harmon was absent due to a work commitment and Mr. Nicholas was absent due to a funeral. Others present were: Lance Schultz, Joe Henderson, Mitch Banshefsky, Stacey Bashore, Trent McMurray, Dave Negley, Konan Stephens, and others.

2. APPROVAL OF MNUTES OF December 11, 2007, Regular Meeting- Mr. Bosch moved to approve; Mr. Sauer seconded the motion. Roll call was taken with Mr. Binkley, Mr. Bosch, Mr. Sauer, Mr. O'Brien and Mr. Blake voting "Yea." Motion passed, 5-0.

3. ORGANIZATIONAL MEETING- Mr. Blake stated that due to the recent elections there had been changes with some of the appointed members. He further stated that Mr. Sauer would be the Council representative and Mayor O'Brien is sitting in and had the right to appoint someone in his capacity. Mr. Blake requested motions to appoint the Chair, Vice-Chair and schedule meeting dates. Mr. O'Brien moved to appoint Mr. Blake as chair; Mr. Bosch seconded the motion. Roll call was taken with Mr. Bosch, Mr. Sauer, Mr. O'Brien, Mr. Binkley and Mr. Blake voting "Yea." Motion passed, 5-0.

Mr. O'Brien moved to appoint Mr. Bosch as Vice-Chair; Mr. Binkley seconded the motion. Roll call was taken with Mr. Blake, Mr. O'Brien, Mr. Bosch, Mr. Binkley, and Mr. Sauer voting "Yea." Motion passed, 5-0.

Mr. Blake clarified that the current meeting schedule was fine with the other Commission members.

Mr. Blake moved to schedule the meetings for the 2nd Tuesday of every month; Mr. Sauer seconded the motion. Roll call was taken with Mr. Sauer, Mr. Binkley, Mr. Bosch, Mr. O'Brien and Mr. Blake 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 an Outdoor Patio for VIP Lounge at 1751 Hill Road North (TABLED 6/12/07) Mr. Blake stated this item would remain on the table.

B. Review and request for a motion to approve a Comprehensive Sign Plan for Ground Signage for Volunteer Energy at 790 Windmiller Drive (TABLED 9/11/07) Mr. Schultz stated he had received an email from the applicant requesting this item be removed from the agenda. Mr. Bosch moved to remove this item from the agenda; Mr. Binkley seconded the motion. Roll call was taken with Mr. Blake, Mr. Bosch, Mr. Sauer, Mr. Binkley and Mr. O'Brien voting "Yea." Motion passed, 5-0. Mr. Schultz removed the subject case from the agenda per the developer's request. (See Exhibit A)

C. Review and request for a motion to approve a Conditional Use Permit for an outdoor patio and volleyball courts for Strike City located on the south side of Windmiller Drive between Diley Road and Gray Drive. (TABLED 10/9/07) Mr. Sauer moved to have this item removed from the table; Mr. Bosch seconded the motion. Roll call was taken with Mr. O'Brien, Mr. Sauer, Mr. Blake, Mr. Bosch and Mr. Binkley voting "Yea." Motion passed, 5-0. Mr. Henderson reviewed the report as presented to the Commission and stated that staff supports with the following six conditions:

1. That pine trees, 6-ft tall at installation, shall be planted east and west of the volleyball courts to create a visual and noise buffer.

2. That the existing tree line along the southern portion of the site shall be preserved.

3. That the patio shall be closed for business at midnight.

4. That the volleyball courts shall not be utilized after dark.

5. That no music speakers or any other type of sound devices shall be located in the outdoor patio or volleyball courts.

6. That the Violet Township Fire Departments concerns shall be met prior to zoning certificate approval.

Brian Stoner introduced himself as the managing member of Strike City, LLC and after several attempts there was never any contact with the president of the Windmiller Ponds Homeowner's Association. Mr. Stoner stated he was fine with all the conditions except for number 5, because it was a direct revenue situation for them. He stated if they remove that it takes away from their uniqueness. Mr. Stoner stated they are making a $5 million investment on the building and they need to be able to offer unique live entertainment on the patio. He stated that if there is a disturbance it could be handled by Ordinances that are already in place and he didn't see how it conflicted with the C3 zoning. Mr. Stoner stated they would like to be able to occasionally have acoustic instruments and sometimes televisions on the patio. Trent McMurray introduced himself as the president of the Windmiller Pond Homeowner's Association and Mr. Stoner had made contact with him, but due to his work schedule he had been out of town. Mr. McMurray stated that he will be hearing the music and the noise from the patio because there was no guarantee the noise wouldn't travel. He stated that he had no problem with the structure, but he couldn't see how the noise could be blocked from the patio and volleyball courts. Mr. McMurray stated he could arrange a meeting with the developer and the subdivision, but as it stands right now our subdivision is adamant against no volleyball courts and patio. Mr. Blake stated he was personally disappointed that within 90 days nobody could meet with the developer and he had been checking on the status of the project. Mr. Dave Negley introduced himself and stated that an outdoor music patio would be unique, but he didn't believe that live music could be contained to assure that it would be quiet to the nearby residents. He didn't feel it was very good planning for the residents of the neighborhood to have to call the police to enforce the noise ordinance. Mr. Negley stated that it made sense not to have sound amplifying equipment backing up to residential homes. Mr. Schultz stated the condition 5 is consistent with what the board has recommended and approved for the last year and we recently adopted conditional use standards that allowed the Commission to put such requirements on outdoor patios. He stated that it regulates the impacts that the Board perceives could be detrimental to the area. Mr. Stoner stated that they are planning to plant trees that are closer to 8 to 10 feet tall and will have extensive buffering around the patio. Mr. Blake stated that he felt it was a legitimate use considering the C3 zoning and he felt they needed to find a common ground between the residents and the developer. Mr. O'Brien asked if the lot to the west of the development zoned Community Commercial and Mr. Henderson stated it is one lot and there would be a lot split and it would remain C3. Mr. Stoner stated there would be approximately 3.4 acres between his development and the Windmiller subdivision. Mr. Schultz stated there is a Columbia Gas easement to the west of the development that would not be developed. Mr. Bosch stated he would have to support staff's conditions to make it consistent with what has been done in the past. Mr. Schultz stated that if these conditions are approved as is and a lighting plan was submitted we couldn't approve lights on a volleyball court. Mr. Binkley asked if they could apply for a permit to have special events on the patio and Mr. Schultz stated there haven't been any issues in the past with that. Mr. Sauer asked if the volleyball courts would have leagues and the timeframe would be for the leagues and Mr. Stoner stated the current plan would be operation until sundown. He stated they would probably start at 11:00 a.m. on the weekends and 6:00 or 7:00 p.m. on weekdays. Mr. Sauer stated he would agree with staff in the essence of consistency on the sound equipment and acoustics. Mr. Stoner stated from their perspective it is a very expensive patio and it comes down to how much revenue it can generate. Mr. Sauer clarified that the City could put time constraints on the sound. Mr. Banschefsky stated that any amplification system would be considered a sound device and there can be time restrictions imposed upon them. He stated that acoustic would not fall under that, but you could put a restriction on it that would only allow acoustic. Mayor O'Brien stated that volleyball courts can become very loud and he wondered if they were looking at the wrong noise generator. Mr. Binkley asked about a sound buffer and Mr. Schultz clarified that a buffer is not required for a property located next to C3. Mayor O'Brien stated that because of the size of the patio he couldn't see where there would need to be a lot of amplification and the noise level would already exist from volleyball courts. Mr. Bosch stated he would like to see something that protects the homeowners from extreme amplification. Mr. Stoner stated they had no intention of that kind of amplification and they had no problem with coming up with wording to put those restrictions in there. He stated he did have a problem with the time issue. Mr. Blake suggested limiting it to hours of operation and wattage of speakers. Mr. Banschefsky stated that there could a "mini" noise ordinance that states that no sound shall be audible at the closest residence and that would be relatively easy for zoning to enforce. Mr. Blake stated that he didn't think you could regulate the noise from the Volleyball courts, but it could specifically state the amplified noise. Mayor O'Brien stated that something as subjective as non audible could be affected by weather conditions. Mr. Blake asked how it could be written to take the concerns into consideration and Mr. Banschefsky stated he would take a multi step approach which would consider hours of operation and if the City would create a noise ordinance at a later date that this applicant would agree to be subject to that at that time. Mr. Stoner stated he would have a volume level so that if you want to have a conversation you can do that. He stated he would have to research the wattage issue to see what would be generated. Mr. Schultz clarified that the applicant would be willing to investigate what the sound output would be vs. wattage. Mr. Binkley requested the applicant also look into what a wall would do to cut off sound. Mr. Schultz stated there is a sanitary easement there that may not allow a wall. Mr. Stoner agreed to research the sound issues. Mr. Schultz suggested tabling the item and coming back with a sound study to document it. Mr. Negley stated he didn't see the need for any outdoor sound amplification up against a residential neighborhood. Mr. McMurray stated he would schedule a meeting with the Homeowner's Association. Mr. Bosch moved to table this item; Mr. Sauer seconded the motion. Roll call was taken with Mr. Binkley, Mr. O'Brien, Mr. Sauer, Mr. Blake, and Mr. Bosch voting "Yea." Motion passed, 5-0.

D. Review and request for a motion to approve Commercial Design Guidelines Certificate of Appropriateness for Site Plan/Building Materials for Pickerington Family Entertainment Center on Winderly Lane for TNT Pursuits LLC. Mr. Schultz stated he received an e-mail from the applicant requesting this item be tabled. (See Exhibit B) Mr. Bosch moved to table Item 4D; Mr. Binkley seconded the motion. Roll call was taken with Mr. O'Brien, Mr. Binkley, Mr. Blake, Mr, Bosch and Mr. Sauer voting "Yea." Motion passed, 5-0. Mayor O'Brien stated that this will be a place for our teens to have fun and with that in mind there will be a lot of drive in traffic. He would like the applicant to consider talking to the Police Chief about security issues and consider private duty security.

E. Review and request for a motion to approve a Conditional Use Permit for a Building Addition for C3 Church located at 200 Hill Road South. Mr. Henderson reviewed the report as presented to the Commission and stated that staff supports the Conditional Use with the following four conditions:

1. That 5-ft tall pine trees shall be installed to provide a continuous screen on the northwest side of the building.

2. That the siding shall be wood.

3. That the roof shall have dimensional shingles.

4. That the color and material of the stairs shall be identified and compliant with commercial design guidelines.

Mr. Blake asked for clarification about the possible change of roof pitch and whether it should be added into the staff recommendation. Mr. Schultz stated that staff is supporting the request as shown on the exhibit which is a 3/12 pitch. Pastor Konan Stephens introduced himself on behalf of C3 Church. He stated that the church is growing with young families and they need more room for kids' classrooms. He stated it is a high end modular with two large classrooms and bathrooms. Mr. Schultz stated that it is a unique request and typically would have to meet our design guidelines, however this site is zoned Agricultural. He stated we would like them to achieve as much compliance as possible with our Residential Design Guidelines and we feel it does. Mr. Bosch asked about the 6/12 pitch on the roof and Mr. Schultz stated that our CBO indicated that structurally the modular may not be able to handle that, so 3/12 pitch would be appropriate from staff's perspective. Mr. Bosch stated he would like to find out whether dimensional shingles could be put on a 3/12 pitch roof. Mr. Schultz stated if it cannot handle it we would support it as is. Mr. Henderson stated that where it would be located would not be very noticeable unless you were looking for it. Mr. Schultz stated that they will also need to meet the building code requirements and all of that takes place administratively. Mr. Bosch moved to approve with staff recommendations with the exception of Condition 3 if dimensional shingles are not structurally possible; Mr. Sauer seconded the motion. Roll call was taken with Mr. Binkley, Mr. Bosch, Mr. Sauer, Mr. O'Brien, Mr. Blake "Yea." Motion passed, 5-0.

F. A Public Hearing and review and request for a motion to approve Olde Pickerington Village District Design Guidelines Comprehensive Sign Plan for Building Signage at 6 Lockville Road for Solutions for Real Estate. Mr. Henderson reviewed the report as presented to the Commission and stated that staff supports with the following three conditions:

1. That the sign shall be limited to three colors

2. That the wall sign shall be projected out from the building by a black or white metal arm.

3. That the sign shall have a matte finish.

Mr. Blake opened the public hearing at 8:53 p.m. and determined there was no one present to speak on the item and closed the public hearing at 8:53 p.m. Mr. Blake determined there was no one to speak on behalf of the applicant. Mr. Binkley requested that the applicant be made aware that signage in windows is regulated as well. Mr. Binkley moved to approve with staff recommendations; Mr. Bosch seconded the motion. Roll call was taken with Mr. Bosch, Mr. Sauer, Mr. Binkley, Mr. Blake and Mr. O'Brien voting "Yea." Motion passed, 5-0.

4. REPORTS:

A. Planning and Zoning Director

(1) BZA Report- Mr. Schultz stated that BZA did not meet in December because of lack of quorum and they would be meeting on the 24th of January.

(2) FCRPC - Mr. Schultz stated they were meeting tonight so we were not able to attend.

5. OTHER BUSINESS:

A. Tree Commission - No discussion

B. Commission Discussion- Mr. Schultz stated there was a memo pertaining to the Diley Road Corridor Study in their packets. He stated that we are hoping to schedule a meeting at the end of January with Planning and Zoning Commission and the Violet Township Representatives to go over the findings. Mr. Schultz stated the goal would be to have the corridor plan completed sometime before May. Mr. Blake requested that the studies that have been done in the past be used to come up with some type of guidelines for that kind of corridor. Mr. Schultz stated that would be an important aspect of the study. Mayor O'Brien stated he met with a lot of organizations in the Community while campaigning and they are very pleased with the Planning and Zoning Commission and are happy with the consistency.

C. Planning Reports - No discussion.

6. ADJOURNMENT. There being nothing further, Mr. Binkley moved to adjourn; Mr. Bosch the motion. Mr. Sauer, Mr. Bosch, Mr. Binkley, Mr. O'Brien, and Mr. Blake voted "Aye." Motion carried 5-0. The Planning and Zoning Commission adjourned at 9:07 P.M. on January 8, 2008.

RESPECTFULLY SUBMITTED:

Stacey L. Bashore Lance A. Schultz

Deputy Municipal Clerk Director, Planning & Zoning