PLANNING & ZONING COMMISSION

CITY HALL, 100 LOCKVILLE ROAD

TUESDAY, AUGUST 12, 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. Binkley and Mr. Sauer were present. Mr. Bosch and Mr. Binkley were absent due to family and work commitments. Others present were: Mitch Banschefsky, Lance Schultz, Joe Henderson, Paul Woodruff, Stacey Bashore, John Roush, Brian Stoner, Jack Reynolds, Jeff Brown, Joe Kusmaul and others.

2. APPROVAL OF MNUTES OF July 8, 2008, Regular Meeting- Mr. Sauer moved to approve; Mr. Hackworth seconded the motion. Roll call was taken with Mr. Binkley, Mr. Sauer, Mr. Blake, and Mr. Hackworth voting "Yea." Motion passed, 4-0.

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 Park located on the north side of SR 204 between Freedom Way and Holiday Inn Express (TABLED 5/13/08) Mr. Hackworth moved to remove Item 3B from the table; Mr. Binkley seconded the motion. Roll call was taken with Mr. Blake, Mr. Hackworth, Mr. Binkley and Mr. Sauer voting "Yea." Motion passed, 4-0. Mr. Henderson reviewed the report as presented to the Commission and stated that staff supports with the following eight conditions:

1. That the engineering recommendations of the traffic impact study pertaining to roadway width, right-of-way, turn lane locations, deceleration lanes, traffic appurtenances, cost of improvement etc., shall be required per the City Engineer.

2. That a roadway easement agreement to connect the subject property to the Holiday Inn Express shall be prepared and recorded prior to any Certificate of Appropriateness approvals.

3. That a sidewalk shall be installed along SR 204.

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

5. That each individual building and site shall comply with the Nonresidential Design Standards for Certificate of Appropriateness.

6. That the site plan shall be in compliance with the Violet Township Fire Department requirements.

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

8. That the underground detention storm water protection plan shall be approved by the OEPA prior to the City construction drawing approval.

Mr. Jack Reynolds introduced himself as an attorney with Smith and Hale on behalf of Anchor Companies and Plaza Properties. He stated that they been working on a traffic plan and they have provided a letter to show what traffic improvements would need to be made for this project. Mr. Reynolds stated they have no problems with staff recommendations and the only issue they have was that last item on Stilson's requirements with a turn lane on Yarmouth. He stated that he hoped to address that as Plaza Properties goes through their Final Development Plan because what they are doing doesn't impact the Yarmouth Road improvements. Mrs. VanCleave stated Stilson had put a lot of time into the study and she agreed with it. Mr. Schultz stated this traffic impact study was for both the Anchor and Plaza Properties and the engineer will review it and we will discuss it. Mr. Hackworth asked for an explanation where the access to the Holiday Inn would be and Mr. Reynolds showed on the map where it would be. Mr. Schultz asked if they would need a variance from the OEPA for the underground detention and Mrs.VanCleave stated they would because it is over the five acre requirement of EPA. Mr. Hackworth clarified that the bridge shown was strictly for pedestrians. Mr. Hackworth clarified that the only thing being approved was the final site plan. Mr. Sauer clarified that the driveway going behind the building was for a drive-thru. Mr. Schultz stated that was taken into consideration with the traffic impact study. Mr. Binkley asked about the Fire Departments concerns about a connection between the developments and Mr. Reynolds stated the Holiday Inn has a number of avenues in order to continue to provide access and they are willing to work on easements. Mr. Schultz stated the Fire Department's initial concern was for a no load street and we are trying to accomplish that. Mr. Binkley requested that there would be plenty of walks for the ADA accessible requirements. Mr. Hackworth asked if there was a sidewalk on the east side of Freedom Way and Mr. Reynolds stated there was one on the west side. Mr. Hackworth asked for clarification on the kwik kurb material on SR204/256 and Mrs. VanCleave stated they are not shutting it down but they will be making it more difficult for the movement from 70 East bound to 256 south bound to 204 east bound. She stated that ODOT will try to persuade drivers to use the Taylor Road exit because it is a safer route. Mrs. VanCleave stated there has been no further discussion other than ODOT would desire this and the developer would be paying for it. Mr. Schultz stated it wouldn't impact the people coming from Reynoldsburg and there would be some kind of ODOT marketing campaign and signage to route people to the appropriate locations. Mr. Blake clarified that the developer had no issues with staff recommendations. Mr. Sauer moved to approve with staff recommendations; Mr. Hackworth seconded the motion. Roll call was taken with Mr. Sauer, Mr. Binkley, Mr. Hackworth and Mr. Blake voting "Yea." Motion passed, 4-0.

C. Review and request for motion to approve a Comprehensive Sign Plan for Building 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. Hackworth moved to remove Item 3C from the table; Mr. Binkley seconded the motion. Roll call was taken with Mr. Blake, Mr. Sauer, Mr. Binkley and Mr. Hackworth voting "Yea." Motion passed, 4-0. 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 have a matte finish and be internally illuminated.

2. That no wall signs shall have changeable letters.

3. That all signs shall be channel letters with face, trim and return uniformity. The channel letter cabinet shall be located behind the wall and internally illuminated.

Mr. Jeff Brown introduced himself as the attorney for the owners and stated that they will comply with staff recommendations and their signage package will be modified to meet those criteria. Mr. Blake clarified that they were fine with staff recommendations. Mr. Hackworth clarified that the price sign would not be changing weekly. Mr. Brown stated staff had indicated the Commission would not approve LED and they understand and will comply. Mr. Binkley asked if there was something in our code about one sign per side and Mr. Schultz stated it is based on the square footage of the signage and not the number. Mr. Hackworth moved to approve with staff recommendations: Mr. Sauer seconded the motion. Roll call was taken with Mr. Hackworth, Mr. Sauer, Mr. Blake and Mr. Binkley voting "Yea." Motion passed, 4-0.

D. Review and request for a motion to approve Nonresidential Design Standards Certificate of Appropriateness for Architectural for Violet Limousine Services, Inc., located at 103 East Columbus Street (next to J&A Auto Body). Mr. Schultz reviewed the report as presented to the Commission and stated that staff supports with the following six conditions and explained that Conditions four through six would be waivers to the new non-residential design standards:

1. That the building shall comply with the City's architectural consultant's recommendations.

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

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

The following waivers for the Architectural Standards compliance in Appendix IV would be required:

4. That the vinyl siding as proposed is not allowed on primary and secondary facades as stated in Table 1: permitted Exterior Building Material, unless waived by two-thirds of the Planning and Zoning Commission.

5. That the glazing on the building windows as proposed does not meet the current code for glazing as stated in Chapter VII.F.3-at least 50% of all glazing between two and ten feet from grade or on the ground floor of commercial buildings shall have a Visible Transmittance (VT) of 0.6 or higher unless waived by two-thirds of the Planning and Zoning Commission.

6. That the building windows for this building as proposed for the first floor does not meet Chapter VII.F.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.

Mr. Schultz stated there is past precedence where Planning and Zoning approved other buildings in the City as long as they matched the existing design. Mr. Joseph Kussmaul introduced himself as the owner of the building and stated the limousine service has grown to a commercial project and that is why they have purchased J&A Auto. He stated they have security issues with people breaking into the limousine so they would like to store the limos inside, but to do that requires an 18 foot extension onto the building. Mr. Kussmaul stated the use of the building will not change because it will still be solely used as a mechanic shop. Mr. Blake determined there were no questions from the Commission and opened the floor for a motion. Mr. Binkley moved to approve with staff recommendations; Mr. Sauer seconded the motion. Roll call was taken with Mr. Sauer, Mr. Hackworth, Mr. Binkley and Mr. Blake voting "Yea." Motion passed, 4-0.

Mr. Banschefsky clarified that the Commission was aware that the vote on Item 3D included the waivers.

E. Review and request for a motion to approve Commercial Design Guidelines Certificate of Appropriateness for Site Plan/Building Materials and Lighting for RULE (3) and Stoner's Sports Pub located on the south side of Windmiller Drive between Diley Road and Gray Drive. Mr. Henderson reviewed the report as presented to the Commission and stated that staff supports with the following 12 conditions:

1. That interior parking lot landscaping shall encompass 10% of pavement area.

2. That a second curb cut shall be permitted on the proposed access drive just west of the site and shall be a minimum 250-ft from the Windmiller Drive centerline or per the City Engineer.

3. That a sidewalk shall be installed along Windmiller Drive.

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

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

6. That the southern patio shall have a black metal fence between the columns and the furniture shall be cast aluminum or similar.

7. That all canopies shall be canvas.

8. That bricks shall be extended to grade on the columns.

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

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

11. That the light poles and fixtures shall be black.

12. That the lights shall comply with the maximum illumination requirements at 10-ft beyond the property line.

Mr. Woodruff reviewed his report as presented to the Commission. He stated that they are requesting galvanized awnings which need to be reviewed and approved. Mr. John Roush introduced himself on behalf of the applicant. Mr. Roush asked for clarification on Condition #2 and Mr. Henderson stated there was a request at an earlier submittal for a second access point where there is a private road created and that is a condition that has been on all four of the approvals. Mr. Schultz stated that it allows for a second access to the site. Mr. Roush stated that the applicant got a branding expert and they have created an experience that the exterior blends into. He stated that the awnings are blending into their roof over the door and they would not be a huge feature. Mr. Roush requested that the awnings be able to remain as galvanized because it will look very nice and it will stay a metal color and not turn to rust. Mr. Blake clarified that the only issue the applicant has with the conditions is on the awnings. Mr. Schultz stated that our previous guidelines required canvas awnings instead of vinyl but it is at the discretion of the Commission. Mr. Blake stated that his opinion is the galvanized awnings will hold up better than canvas. Mr. Sauer stated he didn't mind the metal awnings and clarified that the front doors did not require a water table because the sidelights had been taken out. Mr. Binkley stated he didn't mind the metal awnings. Mr. Hackworth asked about screening on the east elevation and Mr. Henderson stated that when it comes back in for landscaping it will have to show the buffering. Mr. Hackworth stated he had no problem with the metal awnings. Mr. Blake clarified that Condition 7 would be removed and revised to say that the wall lighting would be handled by staff. Mr. Blake clarified that Condition 11 would be revised to add gooseneck style. Mr. Sauer moved to approve with staff recommendations including the removal of the Condition requiring canvas awnings; and with the addition of "That the wall lighting shall be reviewed and handled internally by staff; and that Condition 11 would be revised to include "gooseneck style"; Mr. Hackworth seconded the motion. Roll call was taken with Mr. Binkley, Mr. Hackworth, Mr. Sauer, and Mr. Blake voting "Yea." Motion passed, 4-0.

F. Review and request for a motion to approve a Conditional Use Permit for Two Outdoor Patios and Three Volleyball Courts for RULE (3) and Stoner's Sports Pub located on the south side of Windmiller Drive between Diley Road and Gray Drive. 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 between the volleyball courts and the residents to the west; from the building to the southern property line to create an opaque buffer.

2. That the existing tree line along the southwestern portion of the site shall be preserved per the tree preservation ordinance.

3. That the southern patio shall be vacated at midnight.

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

5. That no sound from both patios, emanating from loudspeakers or other such sound amplification equipment shall be audible at the property line of the closest residences to the west (which are 903 and 912 Gray Drive respectively).

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

Mr. Roush stated they were fine with all of staff recommendations. Mr. Blake observed that the volleyball courts have been moved farther from the residences and everything else stays similar. He clarified there would be no lights on the volleyball courts. Mr. Binkley stated he feared seeing a massive chain link fence. Mr. Schultz stated he would like to see what kind of fencing will be used when landscaping is approved. He stated there could also be some more mounding there with trees so you can't see the fence. Mr. Hackworth clarified that the business would be under one owner. Mr. Sauer moved to approve with staff recommendations; Mr. Hackworth seconded the motion. Roll call was taken with Mr. Hackworth, Mr. Binkley, Mr. Blake and Mr. Sauer voting "Yea." Motion passed, 4-0.

4. REPORTS:

A. Planning and Zoning Director

(1) BZA Report- Mr. Schultz reported that BZA did not meet due to no agenda items.

(2) FCRPC - Mr. Schultz reported that staff did not attend due to no agenda item pertaining to the City.

5. OTHER BUSINESS:

A. Commission Discussion- Mr. Hackworth about landscaping at McDonald's and Mr. Henderson stated they took out large bushes that were overgrown and he would look into whether there was any change to the topography. Mr. Schultz reported that the hole had been filled at the Exxon station.

B. Planning Reports - Mr. Schultz reported the draft for the Diley Road Corridor study is ready and he is looking for comments. He stated there could possibly be a Public Hearing held at the next Planning and Zoning meeting.

6. ADJOURNMENT. There being nothing further, Mr. Hackworth moved to adjourn; Mr. Sauer seconded the motion. Mr. Sauer, Mr. Hackworth, Mr. Binkley and Mr. Blake voted "Aye." Motion carried 4-0. The Planning and Zoning Commission adjourned at 8:51.M. on August 12, 2008.

RESPECTFULLY SUBMITTED:

Stacey L. Bashore Lance A. Schultz

Deputy Municipal Clerk Director, Planning & Zoning