PLANNING & ZONING COMMISSION

CITY HALL, 100 LOCKVILLE ROAD

TUESDAY, JULY 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. Hackworth, Mr. Blake, Mr. Nicholas, Mr. Bosch, Mr. Binkley and Mr. Sauer were present. There were no members absent. Others present were: Mitch Banschefsky, Lance Schultz, Joe Henderson, Paul Woodruff, Stacey Bashore, Ray Morgan, Edward Peppers, Darren Gray and others.

2. APPROVAL OF MNUTES OF June 10, 2008, Regular Meeting- Mr. Bosch moved to approve; Mr. Hackworth seconded the motion. Roll call was taken with Mr. Binkley, Mr. Bosch, Mr. Sauer, Mr. Blake, Mr. Hackworth and Mr. Nicholas voting "Yea." Motion passed, 6-0.

3. SCHEDULED MATTERS:

A. Review and request for a motion to approve a Conditional use Permit for an Outdoor Patio for Don Patron's Restaurant located at 1282 Hill Road North (TABLED 4/08/08) Mr. Blake stated this item would remain on the table per applicant's request.

B. A Public Hearing and review and request for a motion to approve a Final Development Plan for approximately 8.55 acres for Anchor 204 Business Parklocated on the north side of SR 204 between Freedom Way and Holiday Inn Express (TABLED 5/13/08) Mr. Blake stated this item would remain on the table per the City's request.

C. A Public Hearing and review and request for a motion to approve a text amendment to Chapter 1254 Platting Procedure of the Pickerington Codified Ordinances. Mr. Blake opened the Public Hearing at 9:26 P.M. and determined there was no one to speak on this item closed the Public Hearing at 9:27 P.M. Mr. Schultz stated that Service Committee assigned this to us and we have found out that our platting procedure is a few months longer than most communities in Central Ohio. He stated that right now we are at a three step process with a preliminary plan, preliminary plat and final plat. Mr. Schultz stated if we eliminate the preliminary plan process it will take one month off of the process and that with Service Committee allowing a plan to move forward two days after Planning and Zoning should take another month off the process. He stated it would go to a maximum of five and half months and this would be for commercial and residential plans. Mr. Nicholas moved to approve; Mr. Sauer seconded the motion. Roll call was taken with Mr. Hackworth, Mr. Binkley, Mr. Blake, Mr. Nicholas, Mr. Bosch and Mr. Sauer voting "Yea." Motion passed, 6-0.

D. Review and request for a motion to approve a Comprehensive Sign Plan for Building and Ground Signage for Value Place Hotel located on the west side of Freedom Way on Lots 1 and 2 of the Ashton Crossing Commercial Subdivision. Mr. Blake stated that the applicant has requested that this item be tabled. Mr. Bosch moved to table this item; Mr. Hackworth seconded the motion. Roll call was taken with Mr. Bosch, Mr. Nicholas, Mr. Sauer, Mr. Hackworth, Mr. Binkley and Mr. Blake voting "Yea." Motion passed, 6-0.

E. Review and request for a motion to approve an amended Comprehensive Sign Plan for Ground and Building Signage for Sonic Drive In located at 1291 Hill Road North. Mr. Henderson reviewed the report as presented to the Commission and stated that staff supports with the following three conditions:

1. That all signage shall be limited to three colors; red, blue and yellow. 2. That all signage and graphics shall have a matte finish.

3. That the height of the ground sign shall not exceed 9-ft above the elevation of the sidewalk grade adjacent to the sign.

Mr. Ray Morgan introduced himself as the Regional Vice President for Sonic and stated that they wanted to be the same as the nearby businesses and they are fine with the conditions. Mr. Sauer moved to approve with staff recommendations; Mr. Binkley seconded the motion. Roll call was taken with Mr. Nicholas, Mr. Blake, Mr. Hackworth, Mr. Bosch, Mr. Binkley and Mr. Sauer voting "Yea." Motion passed, 6-0.

F. Review and request for a motion to approve an amended Comprehensive Sign Plan for Ground and Building Signage for Kroger located at 1045 Hill Road North. Mr. Henderson reviewed the report as presented to the Commission and stated that staff supports with the following two conditions:

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

2. That the sign shall not have a raceway and be installed as the other signs.

Mr. Darren Gray introduced himself on behalf of the Applicant and stated that the Little Clinic is a sub tenant of Kroger. He stated that the reason for the raceway is because of the lack of access behind the wall and there are two other signs on the Kroger building on raceways due to lack of access. Mr. Gray stated the raceways blend in very well to the brick and is being requested for mounting purposes. Mr. Bosch stated as long as the raceways are painted and blend in he didn't have a problem with it. Mr. Binkley asked what the total amount of square footage for signage was allowed for Kroger and Mr. Schultz stated that our Code doesn't have a specific requirement on number of square footage on a sign. He stated that it gets approved through the Comprehensive Sign Plan process with each sign on what looks appropriate based on scale, size and distance away from the road. Mr. Schultz stated that one of the reasons we do not have specific size requirements on a sign is because it is difficult to determine who is going to be on it. Mr. Sauer stated he had never noticed the other two raceways so if that is the way this one will work he is fine with it. Mr. Nicholas stated the only concern he had would be that the raceway would be visible, and if the raceway is painted like the others and there are trees that screen it as well. Mr. Henderson stated Condition number two would have to be modified if the Commission agrees to the raceway. Mr. Bosch moved to approve with staff recommendations and with the revision to Condition number two that the raceway shall be painted to match the wall; Mr. Sauer seconded the motion. Roll call was taken with Mr. Sauer, Mr. Binkley, Mr. Bosch, Mr. Nicholas, Mr. Hackworth and Mr. Blake voting "Yea." Motion passed, 6-0.

G. Review and request for a motion to approve Nonresidential Design Standards Certificate of Appropriateness for Site Plan and Architectural for Moo Moo's Car Wash located on the southeastern corner of Hill Road North and Cross Creeks Boulevard (former Exxon Gas Station) for Berry and Miller Construction, Inc. Mr. Henderson reviewed the report as presented to the Commission and stated that staff supports with the following 14 conditions:

1. That the Exxon Station shall be razed, debris removed and the hole filled prior to the lot split and zoning certificate approval.

2. That the exit only curb cut on Cross Creeks Boulevard gate design shall be in character with the site.

3. That the temporary curb cut on Clint Drive should be 30-ft in width.

4. That temporary full movement curb cut on Clint Drive shall be removed and consolidated with the future Clint Drive access on the adjoining parcel to the south.

5. That the dumpster shall be enclosed in stone or brick with wooden doors.

6. That once the site to the south is developed the dumpster shall be relocated.

7. That an easement agreement to allow the car wash to share a dumpster on the southern property shall be signed and recorded.

8. That a cross access easement agreement would be required for the subject parcel and the parcel to the south with or without the lot split to comply with the Shops at Hill Road approval in 2007.

9. That the buildings shall comply with the City's architectural consultant's recommendations.

10. That the development shall comply with the City Engineer's requirements.

11. That the development shall comply with Violet Township Fire Department requirements.

12. That the windows as proposed on each façade shall meet the vertical proportion requirements of Chapter, 1a which requires 50% fenestration of the floor height for a typical commercial building unless waived by two-thirds of the Planning and Zoning Commission.

13. That the building as proposed for the first floor does not meet Chapter 5.a.i.(a) 50% of wall area between two and ten feet above grade shall consist of windows unless waived by two-thirds of the Planning and Zoning Commission.

14. That nonresidential development shall employ a minimum of four of the techniques described in Chapter VIII.B.2.a. Architectural Transitions to create compatibility with surroundings and adjacent developments unless waived by two-thirds of the Planning and Zoning Commission.

Mr. John Roush introduced himself on behalf of Berry and Miller Construction and stated they have talked to the owners of the Exxon Station to devise a way of getting it cleaned up. He stated that they wanted to do something unique and had the idea to transform it into the Hunter's Run Barn. Mr. Roush stated that it will not be an eyesore and they feel it will be a unique concept to Pickerington. He stated that it is a very complex purchase and there are three contracts in place and reviewed where the separate sites were. Mr. Roush stated the contract stipulates that when they purchase the car wash site $40,000 will be put into escrow for demolition of all buildings on the rest of the sites and fill the hole and clean it up. Mr. Blake asked if that met the EPA's requirements to do that and Mr. Roush stated that they have the okay to fill the hole. Mr. Roush stated that the contamination is in the rear yard area and it is not fully known what the contamination is, but they have a pretty good idea of what it is going to take to fix the contamination. He stated the contamination would be fixed in Phase Two and Phase One will be to make it safe. He stated that the only snag is the property is in jeopardy of going into foreclosure and Huntington is concerned about them working on a property the bank owns and the demolition of a building they feel may have some value. Mr. Roush stated at this point they could not say they will be able to tear the buildings down without Huntington giving the okay. He stated that because the bank owns it they have the rights to it. Mr. Roush stated that he wants to demo the buildings but he cannot agree to it right now because it is not his to tear down if the buildings go into foreclosure. Mr. Schultz stated that when this was discussed a month ago we agreed to give him concessions on access and waivers on the building elevation and the primary reason for that was to fill in the hole and demolish the Exxon building. He further stated that there was a Nuisance Abatement Board meeting last week and we are going to consider this a nuisance if this deal does not work out. Mr. Schultz stated if the deal does not work the City will have the hole filled in and the Exxon building removed. Mr. Roush stated he was there to work with the City and get it done. Mr. Binkley clarified that the building removal was written into the purchase agreement. Mr. Roush stated they have been in negotiation with Huntington to release the lien and they have not been responding to them and this stipulation could put the deal in jeopardy. He further stated their Phase Two is to work diligently to lease and get the retail portion of this project sold to move forward. Mr. Roush stated he would agree to the Condition but he wanted the Commission to know it could put it in jeopardy. Mr. Schultz stated if that Condition is not included then their proposal is not acceptable. Mr. Hackworth asked if it was declared a nuisance who pays for the demolition and Mr. Schultz stated the City would pay for it and then it would be a lien on the property whenever it is sold. Mr. Blake asked if this is close to foreclosure can the bank be notified of staff's intent to declare it a nuisance and Mr. Schultz stated that we were holding off on sending the letter because we were waiting on the result of this meeting. Mr. Banschefsky stated that we may be able to talk to bank and Mr. Schultz stated we would be happy to have that discussion if they are willing. Mr. Schultz stated his opinion is that Condition One remains and that along with the nuisance letter should convince the bank to do something. Mr. Roush stated he was waiting on a letter from Huntington that agrees to the $40,000 escrow and agrees to release the mortgage on that 0.9 acre. Mr. Schultz stated he was very hesitant to give up any of the conditions because there could be another avenue we could explore. Mr. Roush stated that as soon as he gets a letter from Huntington they will start doing all of the soil testing making sure their site is clean, so there is still jeopardy with that. Mr. Schultz suggested that it gets approved with Condition One and if it becomes an issue they can come back before the Commission and we can discuss it. Mr. Roush asked if they could make their dumpster enclosure wood instead of masonry because it will be demolished and Mr. Schultz stated it is a unique site and the site to south may not be developed for five years, but the Commission has the right to waive that condition. Mr. Blake stated if there is a problem with keeping the temporary dumpster enclosure looking nice that could be a condition and Mr. Bosch stated it is a very big unknown when Phase Two would be coming in. Mr. Roush stated his temporary dumpster would overlap onto the other property because he is not purchasing that ground. He proposed a temporary cedar fence that would be painted the same color as the building and will landscape it so no one will see it. Mr. Roush stated he could get an easement from the seller for it. Mr. Blake asked for clarification on Mr. Woodruff's report and Mr. Woodruff stated that the way the Code is written is set up more for retail/office uses and this is well outside the typical building and the design doesn't require the windows. Mr. Hackworth clarified that the old carwash was not going to be torn down and the length would be increased. Mr. Hackworth asked what would happen if the use of the building changed and Mr. Schultz stated that as long as the exterior stayed the same there would not need to be a Certificate of Appropriateness. Mr. Binkley asked for clarification on the gated emergency exit and Mr. Roush stated that if the attendant sees a car with a mirror that is ready to break off we would let them know and they could exit through there and it is opened manually. Mr. Henderson stated it would need to be in character with the fencing. Mr. Roush stated he would like it to look like fence when you drive down the road. Mr. Sauer asked if there was an issue with the distance of the emergency exit coming out onto the street and Mr. Schultz stated they are all private streets and the City would not have the ability to enforce it and it wouldn't meet our setback standards if it was public. Mr. Nicholas stated he had some concern if the other parcel was not developed would there be a time constraint that would be agreeable that the dumpster pad would be replaced with concrete. Mr. Roush stated he would be agreeable to that and he would like to have two years for it and would put a full concrete pad and block walls for the dumpster if the other parcel isn't developed. Mr. Binkley requested that the cross access be blocked so people wouldn't be cutting through the lots and Mr. Roush stated he would put some six by sixes with diamonds on it and will make it look aesthetic. Mr. Nicholas asked about the steel service doors and Mr. Roush stated that they would be cream color with a smooth steel finish to make it secure. He stated he could do applications to the doors to make it look more like barn doors. Mr. Nicholas asked about any mechanical equipment and whether it would be seen and Mr. Roush stated there is a five foot pole outside that is attached to a central vacuum that will be on the inside of the building. Mr. Roush stated there is a large debris separator that looks like a trash can and there will be eight trash cans that will be painted burgundy and made to look nice. Mr. Schultz requested that all of the trash cans and vacuums be identified at the landscape plan. Mr. Blake clarified that condition five would be amended to say that "That within two years from Temporary or Partial Certificate of Occupancy that a permanent dumpster pad and enclosure will be constructed. Mr. Roush stated he would like to have the temporary enclosure have horizontal siding to match the building. Mr. Schultz clarified that if 2/3 of the votes are affirmative it would automatically waive items twelve through fourteen. Mr. Roush asked about the Fire Department approval condition and Mr. Schultz stated it is not a zoning issue and they will have to negotiate with the fire department. Mr. Hackworth moved to approve with staff recommendations and with the revision of Condition Five to state "That within two years from Temporary or Partial Certificate of Occupancy a permanent dumpster pad and enclosure shall be constructed; Mr. Nicholas seconded the motion. Roll call was taken with Mr. Blake, Mr. Bosch, Mr. Nicholas, Mr. Sauer, Mr. Binkley and Mr. Hackworth voting "Yea." Motion passed, 6-0.

H. Review and request for a motion to approve a Conditional Use Permit for a Drive Thru for Moo Moo's Car wash located on the southeastern corner of Hill Road North and Cross Creeks Boulevard (former Exxon Gas Station) for Berry and Miller Construction Inc. Mr. Henderson reviewed the report as presented to the Commission and stated that staff supports with the following three conditions:

1. That the direct access to a primary arterial shall be waived.

2. That the temporary driveway being 25-ft from property line shall be waived.

3. That the drive thru shall be clearly striped.

Mr. Roush stated he had no issues with staff recommendations. Mr. Nicholas moved to approve with staff recommendations; Mr. Sauer seconded the motion. Roll call was taken with Mr. Nicholas, Mr. Hackworth, Mr. Sauer, Mr. Blake, Mr. Bosch, and Mr. Binkley voting "Yea." Motion passed, 6-0.

I. Review and request for a motion to approve an amended Commercial Design Guidelines Certificate of Appropriateness for Site Plan/Building Materials for Windmiller Square Office Condominiums Building 2, Lot 3 for Children of America Daycare Facility. Mr. Henderson reviewed the report as presented to the Commission and stated that staff supports with the following seven conditions:

1. That the fence location and material around the play area shall be identified.

2. That the brick color and dimensional asphalt shingles shall match the CME Credit Union and the Windmiller Office building at 1029 Refugee Road.

3. That the color of the columns, hardiplank siding and trim shall be identified.

4. That all mechanical equipment on the roof shall be screened from public view.

5. That the plans shall comply with the City's architectural consultant's recommendations.

6. That the development shall comply with City Engineering requirements.

7. That the development shall comply with Violet Township Fire Department requirements.

Mr. Schultz stated there were minor revisions to this because they increased the size of the building but it is essentially the same building that was approved. Mr. Henderson stated that they have enough parking spaces to meet the requirement. Mr. Roush stated he had no concerns with staff recommendations. Mr. Nicholas suggested working with natural plantings to help run off into the pond. Mr. Hackworth asked if there would be swing sets and toys out in the play area and what kind of fence would be surrounding it and Mr. Roush stated it will have a foam Astroturf surface with colorful toys and the fence would be a white picket fence. Mr. Henderson stated that landscaping has already been approved for this site. Mr. Roush stated he would work with staff to make sure there is landscaping around the fence as long as the tenant allows for that. Mr. Nicholas moved to approve with staff recommendations; Mr. Hackworth seconded the motion. Roll call was taken with Mr. Binkley, Mr. Hackworth, Mr. Sauer, Mr. Nicholas, Mr. Blake and Mr. Bosch voting "Yea.' Motion passed, 6-0.

4. REPORTS:

A. Planning and Zoning Director

(1) BZA Report- Mr. Schultz reported that BZA met in June and approved a height variance for Value Place Hotel and two residential decks.

(2) FCRPC - Mr. Schultz reported that there was no meeting due to lack of agenda items.

5. OTHER BUSINESS:

A. Commission Discussion- Mr. Schultz stated the Commission received a memo regarding workshops and in summary the applicant comes before the Commission and in Gahanna if there is non compliance issues they send it to a workshop and in New Albany it is the same process or if you are not compliant with the Code. He stated essentially it is not saving any time because it actually extends the process. Mr. Hackworth asked about the Windmiller Pond and Mr. Schultz stated Code Enforcement is reviewing that.

B. Planning Reports - Mr. Schultz reported that he is anticipating receiving a draft in the next few weeks and hopes to have a public hearing sometime in August or September.

6. ADJOURNMENT. There being nothing further, Mr. Hackworth moved to adjourn; Mr. Sauer seconded the motion. Mr. Sauer, Mr. Hackworth, Mr. Nicholas, Mr. Bosch, Mr. Binkley and Mr. Blake voted "Aye." Motion carried 6-0. The Planning and Zoning Commission adjourned at 9:35 P.M. on July 8, 2008.

RESPECTFULLY SUBMITTED:

Stacey L. Bashore Lance A. Schultz

Deputy Municipal Clerk Director, Planning & Zoning