PLANNING & ZONING COMMISSION

CITY HALL, 100 LOCKVILLE ROAD

TUESDAY, OCTOBER 14, 2008

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: Mr. Hackworth, Mr. Binkley, Mr. Blake, Mr. Nicholas, Mrs. Evans, Mr. Bosch, and Mr. Sauer were present. There were no members absent. Others present were: Lance Schultz, Joe Henderson, Mitch Banschefsky, Stacey Bashore, and others.

2. APPROVAL OF MNUTES OF September 9, 2008, Regular Meeting. Mr. Bosch moved to approve; Mr. Hackworth seconded the motion. Roll call was taken with Mr. Binkley and Mr. Nicholas abstaining and Mr. Bosch, Mr. Sauer, Mr. Hackworth, Mr. Blake, and Mrs. Evans voting "Yea." Motion passed, 5-0.

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 the applicant's request.

B. A Public Hearing and review and request for a motion to approve Olde Downtown Pickerington Village District Design Guidelines Comprehensive Sign Plan for Building Signage at 6 Lockville Road for White Horse Mercantile. Mr. Henderson reviewed the report as presented to the Commission and stated that staff supports the Sign Plan with the following two conditions:

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

(2) That the sign shall have a matte finish.

Mr. Blake opened the Public Hearing at 7:31 P.M. and after he determined there was no one present to speak on it closed the Public Hearing at 7:32 P.M.

Ms Julie White introduced herself as the owner of White Horse Mercantile and stated that she agreed with staff's recommendations. Mr. Bosch asked if there would be enough height clearance for the sidewalk and Mr. Schultz stated that the previous sign had the appropriate clearance. Mr. Henderson stated that this sign is actually smaller than the previous sign. Mr. Nicholas clarified that the sign would be two sided and an oval shape.

Mr. Sauer moved to approve with staff recommendations; Mr. Bosch seconded the motion. Roll call was taken with Mrs. Evans, Mr. Nicholas, Mr. Blake, Mr. Hackworth, Mr. Bosch, Mr. Binkley, and Mr. Sauer voting "Yea." Motion passed, 7-0.

C. Review and request for a motion to approve a Conditional Use Permit for a Pet Grooming Center for Karen's Doggie Day Spa at 24 West Columbus Street. Mr. Henderson reviewed the report as presented to the Commission and stated that staff supports the Conditional Use Permit with the following condition:

(1) That there shall not be any overnight boarding or outside running of the animals.

Mr. William McClean introduced himself on behalf Karen McClean and stated they had no issues with staff recommendations. Mr. Hackworth clarified there was parking in the back of the building and the animals would be delivered through the front or back doors. Mr. Nicholas asked about signage and Mr. McClean stated that design is underway for the signage and they understand they will need to apply for that. Mr. Bosch moved to approve with staff recommendations; Mr. Sauer seconded the motion. Roll call was taken with Mrs. Evans, Mr. Nicholas, Mr. Blake, Mr. Hackworth, Mr. Bosch, Mr. Binkley, and Mr. Sauer voting "Yea." Motion passed, 7-0.

D. Review and request for a motion to approve a Conditional Use Permit for a Storage Shed at 8140 Long Road. Mr. Henderson reviewed the report as presented to the Commission and stated that staff supports the Conditional Use Permit with the following three conditions:

(1) That the building materials and color shall match the existing house and/or be of natural wood color.

(2) That the shed shall have a minimum of a 5-ft setback from the property line.

(3) That the height of the shed shall not exceed 15-ft.

Mr. Tim Kelly stated he had no questions regarding staff recommendations. Mr. Binkley clarified there were no utility easements. Mr. Sauer moved to approve with staff recommendations; Mr. Nicholas seconded the motion. Roll call was taken with Mr. Sauer, Mrs. Evans, Mr. Binkley, Mr. Bosch, Mr. Nicholas, Mr. Hackworth, and Mr. Blake voting "Yea." Motion passed, 7-0.

E. Review and request for a motion to approve a Comprehensive Sign Plan for Building Signage for Chesta Company, Inc. at 145 West Columbus Street. Mr. Henderson reviewed the report as presented to the Commission and stated that staff supports the Sign Plan with the following condition:

(1) That the sign shall have a matte finish

Bob Harmon introduced himself on behalf of the applicant and stated they had no issues with staff recommendations. Mr. Nicholas clarified that the sign would be two sided. Mr. Sauer clarified that the border around the sign would be blue. Mr. Hackworth clarified that there would be no lighting on the sign. Mr. Bosch moved to approve with staff recommendations; Mr. Nicholas seconded the motion. Roll call was taken with Mr. Blake, Mr. Bosch, Mr. Nicholas, Mr. Sauer, Mrs. Evans, Mr. Binkley, and Mr. Hackworth voting "Yea." Motion passed, 7-0.

F. Review and request for a motion to approve a Conditional Use Permit for an Outdoor Patio for Classics Sports Bar and Pizza at 12981 Stonecreek Drive. Mr. Henderson reviewed the report as presented to the Commission and stated that staff supports the Conditional Use Permit with the following eight conditions:

(1) That the railing shall be black and constructed of a ferrous or non-ferrous metal.

(2) That the outdoor furniture shall be reserved and subdued in style and color and constructed of a ferrous or non-ferrous metal.

(3) That no music speakers or any other type of sound devices shall be located in the patio.

(4) That the patio shall not be utilized after midnight.

(5) That the canopies shall be made of canvas or other durable non-glossy outdoor grade fabric.

(6) That the canopy shall match the existing blue canopies on the building.

(7) That the canopy shall not be backlit.

(8) That the architectural consultant's issues shall be addressed prior to zoning certificate approval.

Mr. Henderson stated that conditions three and four are consistent with what has been done in the past. Mr. Dimo Kuzmawski and Jennifer Little introduced themselves on behalf other the project. Mr. Blake asked if in the past there was a height set for the fencing around the patio and Mr. Schultz stated that from a planning perspective there are no restrictions because we only look at aesthetics, but the building department will address the height. Mr. Kuzmawski stated he had no issues with items one and two of the staff recommendations. Mr. Blake reviewed the reasons why the Commission has not allowed sound devices on patios and why it should be closed after midnight. He stated the Commission has worked hard to find middle ground to help make the businesses successful. Mr. Kuzmawski stated he was at least a half mile away from the nearest residential area so he didn't feel the patio would be disturbing anyone. He requested the Commission give consideration on staff recommendations three and four because they would rather have people in an enclosed patio area than making trash at the front of the building. Mr. Henderson stated for the Happy Endings patio there were no hours set because they are in a commercial area and the other two patios had residential uses around them. Mr. Hackworth stated he would not like to change recommendations 3 and 4 because of what has been done in the past. Mrs. Evans stated she didn't mind the music as long as it wasn't too loud, but she had a concern with keeping it open until midnight because there are kids who live across the street who may try to walk across S.R. 256 to make it a hangout. Mr. Kusmawski stated that it was a 21 and over only restaurant. Mrs. Evans stated she was still concerned. Mr. Bosch stated he didn't have a problem with the patio being used after midnight because he would rather have people in an enclosed area and if we allow music now we are going back on what we have done in the past. Mr. Binkley stated he was fine with the patio being open after midnight so people are in a secured area and he also agreed that if we allow music we would be setting a precedent. Mr. Sauer stated he didn't have an issue with the patio being open after midnight and with regards to the music he didn't have as much of a problem because it is in a commercial location. He stated that with Rule 3 the stipulation was that the sound should not be audible to a certain location, so we should be able to do the same with this. Mr. Nicholas clarified that the bar would be open after midnight and he didn't have a problem with allowing sound like at Rule 3. He stated if the establishment is open until 2:30 a.m. he would rather see people smoking in the patio rather than standing outside the front doors. Mr. Hackworth asked if the patio is open until 2:30 a.m. would alcohol and food still be being served and Mr. Blake asked his only concern would be how that would be enforced. Mr. Nicholas stated his opinion is it is fine if the patio is open until 2:30 a.m. with service. Mr. Schultz stated conditions 3 and 4 were included for consistency and he has spoken with other bar owners who want to make sure that what they were required to do was consistent with everyone else. Mr. Blake stated the difference in his mind is the pub by Drug Mart is in a shopping center where families are right next door and this location is more off the beaten path. He stated the pub by Drug Mart also has a back patio that they can utilize until they close. Mr. Blake stated he had no issues with this patio being opened until they closed and asked what kind of music would be on the patio and Mr. Kusmawski stated he wanted to have a couple televisions and a jukebox and the sound from the T.V.s would come through the jukebox. Mr. Bosch stated his other concern would be daytime access for people coming from that center going to Tractor Supply. Mr. Schultz stated this design meets ADA and these sidewalks are private property, so there is nothing in our code that requires a sidewalk from there to Tractor Supply. Mr. Hackworth clarified that there would be parking blocks to stop the cars from hitting the fence. Mr. Binkley stated the ADA requirements say that there has to be access from the building to a public right of way for everyone. Mr. Blake asked about the canopies and Mr. Schultz stated that is a requirement of our new non-residential standards. The applicant showed a sample of the crimson red canvas awning to the Commission and the Commission agreed to the sample that was shown and agreed that the canopies be the same over all of the applicants' windows for consistency. Mr. Schultz clarified that the other tenants awnings cannot be revised and recommended striking Condition 6. Mr. Kusmawski stated he would not be backlighting the canopies, but would be adding rope lighting to dimly light the tables. Mr. Schultz stated that Condition 8 could be removed because the canopy style and color has changed to match the City’s architectural consultants recommendation. Mr. Nicholas requested that an additional condition be added to request wheel stops two feet from the patio area. Mr. Hackworth clarified that there was enough parking for the use of the building. Mr. Blake clarified that Staff Recommendations 1 and 2 would stay the same; item 8 would be revised to say that parking blocks shall be installed two feet from the existing sidewalk. Mr. Blake asked about the sound devices and Mr. Banchefsky stated the noise to a certain level could be enforceable technically, but practically it is a challenge. Mr. Sauer stated that Council is currently reviewing a draft ordinance for Disturbing the Peace, but it is only discussion at this point. Mr. Blake clarified that Item 3 would be revised to say that "no sound shall be audible on the west side of the right-of-way of S.R. 256. Mr. Sauer clarified that televisions were allowed at Beef O'Brady's. Mr. Schultz summarized the revised conditions as follows:

(1) That the railing shall be black and constructed of a ferrous or non-ferrous metal

(2) That the outdoor furniture shall be reserved and subdued in style and color and constructed of a ferrous or non-ferrous metal

(3) That no sound shall be audible west of the right-of-way on S.R. 256

(4) That the canopies shall be made of canvas and crimson in color (No. 88003-0000)

(5) That the canopy shall not be backlit

(6) That wheel stops shall be located two-feet from the edge of the existing sidewalk on the west side of the building.

Mr. Bosch moved to approve with the revised conditions as summarized by Mr. Schultz; Mr. Binkley seconded the motion. Roll call was taken with Mr. Hackworth voting "Nay" and Mr. Nicholas, Mrs. Evans, Mr. Sauer, Mr. Blake, Mr. Bosch, and Mr. Binkley voting "Yea." Motion passed 6-1.

G. Review and request for a motion to approve a Comprehensive Sign Plan for Building Signage for Classics Sports Bar and Pizza at 12981 Stonecreek Drive. Mr. Henderson reviewed the report as presented to the Commission and stated that staff supports the Sign Plan with the following five conditions:

(1) That the maximum graphic for signage shall not exceed 80 percent of the length of the storefront with a maximum square footage of 40 square feet per storefront.

(2) That the maximum signage and graphic area shall not exceed 3.5-ft in height.

(3) That all signs shall be individual channel letters mounted on the wall with face, trim and return uniformity and the mechanicals shall be located behind the façade.

(4) That all the signage and graphics shall be internally illuminated and have a matte finish.

(5) That each tenant sign shall be limited to three colors.

Mr. Kusmawski stated it was the standard logo for all of the Classics locations. Mr. Nicholas clarified that the Classics sign was a box sign and not channel letters. He further clarified that the raceway would be on the exterior of the building and would be painted to match the building. Mr. Blake clarified that staff recommendations have been met except for Items 3 and 5. Mr. Binkley asked if any other sign was allowed to have four colors and Mr. Schultz stated KFC was the only one that came to mind. Mr. Bosch suggested removing the white outline from the letters to get it down to three colors. Mr. Kusmawski stated he would have to check with the sign company. The Commission stated that they could pick which three colors, but there could only be three colors. The Commission agreed that the Item 3 could be revised to say “That all signs shall be as submitted by the applicant,” and an additional Condition 6 be added to say "That the raceway shall match the color of the building wall.” Mr. Schulz summarized the revised conditions as follows:

(1) That the maximum graphic for signage shall not exceed 80 percent of the length of the storefront with a maximum square footage of 40 square feet per storefront.

(2) That the maximum signage and graphic area shall not exceed 3.5-ft in height.

(3) That all signs shall be as submitted by the Applicant

(4) That all the signage and graphics shall be internally illuminated and have a matte finish.

(5) That each tenant sign shall be limited to three colors.

(6) That the raceway shall match the color of the building wall

Mr. Sauer moved to approve with the revised conditions as summarized by Mr. Schultz; Mr. Binkley seconded the motion. Roll call was taken with Mr. Binkley, Mr. Hackworth, Mr. Sauer, Mr. Nicholas, Mr. Blake, Mr. Bosch, and Mrs. Evans voting "Yea." Motion passed, 7-0.

H. Review and request for a motion to approve a Comprehensive Sign Plan for Ground Signage for Lots 10, 11, and 12 of the Windmiller Square Commercial Subdivision located just south of Krogers. Mr. Schultz stated the applicant requested that this item be tabled. Mr. Nicholas moved to Table; Mr. Hackworth seconded the motion. Roll call was taken with Mr. Binkley, Mr. Hackworth, Mr. Sauer, Mr. Nicholas, Mr. Blake, Mr. Bosch, and Mrs. Evans voting "Yea." Motion passed, 7-0. (TABLED)

4. REPORTS:

A. Planning and Zoning Director

(1) BZA Report. Mr. Schultz reported that there were no agenda items for October.

(2) FCRPC. Mr. Henderson stated there were no items for the Township.

5. OTHER BUSINESS:

A. Commission Discussion. Mr. Hackworth asked about the Exxon station and Mr. Schultz stated that the developer is apparently moving forward with engineering plans.

B. Planning Reports. Mr. Schultz reported that the consultant is close on making the final revision on the Diley Road Corridor study and he was anticipating a public hearing with City Council and Planning and Zoning sometime in November.

6. ADJOURNMENT. There being nothing further, Mr. Nicholas moved to adjourn; Mr. Hackworth seconded the motion. Mr. Nicholas, Mr. Hackworth, Mr. Binkley, Mr. Blake, Mr. Sauer, Mr. Binkley, and Mr. Harmon voted "Aye." Motion carried 7-0. The Planning and Zoning Commission adjourned at 9:26 P.M. on October 14, 2008.

RESPECTFULLY SUBMITTED:

Stacey L. Bashore Lance A. Schultz

Deputy Municipal Clerk Director, Planning & Zoning