PLANNING AND ZONING COMMISSION

CITY HALL, 100 LOCKVILLE ROAD

TUESDAY, MARCH 10, 2009

 

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, and Mr. Bosch, were present.  Mr. Sauer arrived at 7:40 P.M.  Others present were:  Lance Schultz, Lynda Yartin, Joe Henderson, Mitch Banschefsky, Shirley Neal, Crispin Alvarez, Ishmael Rodriguez, Mark McTigue, Joe Kussmaul, Pastor Solwecki, and others. 

 

2.         APPROVAL OF MINUTES OF February 10, 2008, Regular Meeting.  Mr. Bosch moved to approve; Mr. Hackworth seconded the motion.  Roll call was taken with Mr. Binkley, Mr. Bosch, Mr. Hackworth, Mr. Blake, Mr. Nicholas, and Mrs. Evans voting “Yea.”  Motion passed, 6-0.  

 

3.         SCHEDULED MATTERS: 

 

A.        Review and request for motion to approve a Conditional Use Permit for an Outdoor Patio for Don Patron’s Restaurant located at 1282 Hill Road North (TABLED 04/08/08).  Mr. Bosch moved to remove from the Table; Mr. Hackworth seconded the motion.  Roll call was taken with Mr. Bosch, Mr. Nicholas, Mr. Hackworth, Mrs. Evans, Mr. Binkley, and Mr. Blake voting “Yea.”  Motion passed, 6-0. 

 

            Mr. Henderson stated the applicant is proposing an outdoor patio on the north side of Don Patron’s restaurant which is located in the Brookview Village Center.  He stated the patio would be built in what are currently five parking spaces just north of the building.  Mr. Henderson reviewed the report provided to the Commission members.  Mr. Henderson stated staff supports the Conditional Use Permit for an outdoor patio with the following conditions: 

 

            1.         That the outdoor furniture shall be reserved and subdued in style and color and constructed of ferrous (iron based) or non-ferrous (aluminum, etc.) metal.

 

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

 

            3.         That the railing for the patio shall be located at least 18-inches back from the edge of the deck with an aesthetically pleasing and effective vehicular barrier between the fence and the access drive.

 

            4.           That the engineering issues shall be addressed prior to zoning certificate approval.

 

            5.         That the architectural consultant’s issues shall be addressed prior to zoning certificate approval. 

 

            6.         That the Violet Township Fire Department’s issues shall be addressed prior to zoning certificate approval. 

 

                        Ms Shirley Neal and Crispin Alvarez stated they were the applicants and they were present to answer any questions the Commission may have.  Mr. Alvarez stated they had brought samples of two types of chairs they would like to use on the patio and questioned if these were acceptable to the Commission.  Ms Neal stated prior to purchasing the chairs she just wanted to ensure that either of these two samples would meet the specifications stated in staff’s condition number 1.  She stated with regard to condition number 2, she did have one question.  Ms Neal stated they did not intend to have speakers on the patio, but they did plan to periodically have a live mariachi band, however, the band’s instruments are not amplified.  Mr. Hackworth clarified that the restaurant closes at 10:00 P.M. during the week and Mr. Alvarez stated the mariachi band would play no later than 10:00 P.M.  Mr. Schultz stated he would like to clarify the way condition number 2 is written it would allow the mariachi band, however, that was not the intent of staff.  He stated the intent of staff was not to allow any outdoor music.  Mr. Bosch stated in order to go along with staff’s intent but at the same time accommodating what has been done in the past, would staff have a problem if this Commission added to the condition the 10:00 P.M. time limit for the band, and Mr. Schultz stated if they agreed to 10:00 P.M. that would seem to be a good concession.  Mr. Bosch stated then condition number 2 would remain as it is with the addition that “live acoustical music is allowed up until 10:00 P.M.”  Ms Neal stated that would not be a problem.  Mr. Banschefsky stated he would recommend changing the word “devices” in that condition to “amplification.”  Mr. Bosch stated he would recommend that condition 2 be amended per Mr. Banschefsky’s recommendation and that a condition 7 be added regarding the live entertainment being allowed until 10:00 P.M.  Mr. Nicholas stated in previous patios plastic chairs have not been allowed and it appeared one of the samples here this evening is partially plastic.  Mr. Alvarez inquired as to the reason for this and Mr. Schultz stated it was for aesthetic reasons.  Mr. Bosch stated he thought the reasoning behind that was because of the weight and we did not want plastic chairs blowing around in the wind.  Mrs. Evans stated however this type of chair seems substantial and she could not see it was plastic at first.  Mrs. Evans stated the second chair looked like it would rust and need replaced fairly quickly.  Mr. Nicholas stated he felt the intent for not approving plastic chairs was to prevent the common residential resin type chairs.  Mr. Nicholas stated he did not object to either chair in this case.  Mr. Nicholas questioned if umbrellas were used on the tables, would they be required to get the material and colors approved and Mr. Schultz stated our Code does not address umbrellas and that would be more of a subjective issue.  Mr. Bosch clarified that as the conditions stated now, the chair that is partially plastic would not be allowed.  Mr. Schultz stated this Commission could amend the condition to allow them if they felt it was appropriate.  Mr. Binkley questioned if it would be possible to amend the condition to read that the furniture be constructed of “mostly” ferrous or non-ferrous and then the light plastic chairs would not be allowed.  Mr. Schultz stated that would be satisfactory for staff. 

 

Mr. Bosch moved to approve a Conditional Use Permit for an outdoor patio for Don Patron’s restaurant located at 1282 Hill Road North with the following seven conditions: Mr. Hackworth seconded the motion. 

 

            1.         That the outdoor furniture shall be reserved and subdued in style and color and constructed of mostly ferrous (iron based) or non-ferrous (aluminum, etc.) metal.

 

            2.         That no music speakers or any other type of sound amplification devices shall be located in the patio.

 

            3.         That the railing for the patio shall be located at least 18-inches back from the edge of the deck with an aesthetically pleasing and effective vehicular barrier between the fence and the access drive.

 

            4.           That the engineering issues shall be addressed prior to zoning certificate approval.

 

            5.         That the architectural consultant’s issues shall be addressed prior to zoning certificate approval. 

 

            6.         That the Violet Township Fire Department’s issues shall be addressed prior to zoning certificate approval. 

 

7.         That no live entertainment shall be permitted on the outdoor patio after 10:00 P.M.

 

Mr. Hackworth 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. 

 

B.   Review and request for motion to approve a Comprehensive Sign Plan for Ground and Building Signage for Pickerington Christian Church located at 575 Diley Road.  Mr. Henderson stated the applicant is proposing building and ground signs for the Pickerington Christian Church.  Mr. Henderson reviewed the report provided to the Commission members and stated staff supports the request with the following nine conditions: 

 

1.         That the total sign square footage for the building and ground signage shall be 177 square feet.

 

2.         That the signs shall be limited to three colors and have a matte finish.

 

3.         That there shall be no overflow light created by the spot light for the wall sign.

 

4.         That all non-permanent lettering (changeable copy) shall be limited to 30 percent of the ground sign area.

 

5.         That the ground signs shall have a brick base with columns extending a minimum of 75 percent up each side of the sign.

 

6.         That the brick on the ground signs shall match the building.

 

7.         That the height of the ground sign along Diley Road shall not exceed six feet above the bike path elevation adjacent to the sign.

 

8.         That the ground sign facing Georges Creek Drive shall be located on the same parcel as the church.

 

9.         That the ground signs shall be located five feet from the property line and outside the site triangle. 

 

            Pastor Chris Solwecki stated he is the minister at the church and he would be happy to answer any questions.  Pastor Solwecki stated he had no concerns with regard to staff conditions.  Mr. Blake ascertained there were no questions from Commission members.  Mr. Sauer moved to approve the Comprehensive Sign Plan with the nine staff conditions as stated; Mr. Hackworth 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. 

 

C.        Review and request for motion to approve a Conditional Use Permit for a storage building for Pickerington Youth Athletic Association (PYAA) located at 610 Hill Road North.  Mr. Henderson stated the applicant is proposing to build a storage building on the property that would encompass 1,200 square feet.  The purpose of the storage building would be for storage of PYAA football equipment, and would have a continuous foundation with metal sides and roof.  Mr. Henderson further stated the current plans show the storage building straddling the property line between PYAA and the adjacent parcel owned by Pickerington Youth soccer Association.  Mr. Henderson reviewed the report provided to the Commission members and stated staff supports the Conditional Use Permit with the following three conditions:

 

1.         That the height of the storage building shall not exceed 15-feet or a variance from the Board of Zoning Appeals shall be required.

 

2.         That the storage building shall be located on the PYAA property (parcel 041-02476-00) or have a recorded easement agreement with the adjacent property owner.

 

3.         That the storage building shall have a minimum five-foot setback from the property line or a minimum of ten feet unless the exterior walls are fire-resistant rated construction per the Ohio Building Code. 

 

            Mr. Mark McTigue stated he was present this evening representing PYAA and he would be happy to answer any questions.  Mr. Blake asked Mr. Schultz to clarify conditions two and three.  Mr. Schultz stated condition two requires the building be located on PYAA property or have an easement agreement with PASA if it is located on their property.  He further stated with regard to condition three a minimum setback is five feet for the City, however, if it is a non fire rated structure the State Building Code requires ten feet from the property line.  Mr. Schultz stated if the Commission approves it as is then staff could contact the State Building Code because that will determine the location of the structure.  Mr. Blake inquired if a notarized letter from PASA would satisfy staff’s requirements and Mr. Banschefsky stated he would recommend an easement.  Mr. Banschefsky stated you cannot convey property with a notarized letter and Mr. Bosch stated it would also be required to be filed with the County and they will require a drawing, the plat, etc.  Mr. Bosch stated an easement will guarantee they have the right to have the building there.  Mr. Bosch further stated this would be the best way and would protect the applicant in the future should the property ever be sold.  Mr. Bosch moved to approve the Conditional Use Permit with staff recommendations; Mr. Hackworth 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. 

 

D.        Review and request for a motion to approve Nonresidential Design Standards Certificate of Appropriateness for Site Plan and Architecture for Violet Limousine Services, Inc. located at 103 East Columbus Street.  Mr. Nicholas stated during the discussion of this item he would ask to be excused as Mr. Kussmaul is a client of his and he felt this could create a conflict of interest.  Mr. Blake stated if Mr. Nicholas would like to wait in the lobby he would notify him when this discussion is complete. 

 

            Mr. Henderson stated the applicant is proposing a 540 square foot addition to the east side of the building to the existing automotive garage/building which would create a covered carport for one of the limousines that he currently stores on the site.  Mr. Henderson reviewed the report provided to the Commission members and stated staff supports the request with the following two conditions and waiver:

 

1.         That a side yard setback variance from the Board of Zoning Appeals shall be required.

 

2.         That the building shall comply with the City’s architectural consultant’s recommendations. 

 

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

 

1.         That the vinyl siding as proposed shall not be 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. 

 

            Mr. Joe Kussmaul stated he is the applicant and he would be happy to answer any questions.  Mr. Kussmaul stated he understood and agreed with staff conditions.  Mrs. Evans clarified that two-thirds of this Commission would need to approve the use of the vinyl siding.  Mr. Schultz stated that was correct and Mr. Kussmaul stated he would be using some of the vinyl siding that was removed from where the doors go so it would match the building.  Mr. Binkley moved to approve the Nonresidential Design Standards Certificate of Appropriateness for Site Plan and Architecture with staff’s conditions and a waiver for the Architectural Standards compliance in Appendix IV; Mr. Bosch seconded the motion.  Roll call was taken with Mrs. Evans, Mr. Hackworth, Mr. Sauer, Mr. Blake, Mr. Bosch, and Mr. Binkley voting “Yea.”  Motion passed, 6-0. 

 

Mr. Nicholas returned to the Commission meeting. 

 

4.         REPORTS:

 

A.        Planning and Zoning Director. 

 

            (1)        BZA Report.  Mr. Schultz stated the BZA did not meet in February, but would meet on March 26th to consider a fence variance and the setback variance for Violet Limousine.   

 

            (2)        FCRPC.  Mr. Schultz stated the Commission did not have any agenda items in Violet Township so staff did not attend that meeting.     

 

5.         OTHER BUSINESS:

 

A.        Commission Discussion.  Mr. Blake clarified that the amendments to the Administrative Code that were adopted by Council provided that after six months something that is on the Table will automatically drop off.  Mrs. Yartin stated that was correct. 

 

6.         ADJOURNMENT.  There being nothing further, Mr. Nicholas moved to adjourn; Mr. Bosch seconded the motion.  Mr. Binkley, Mr. Hackworth, Mr. Sauer, Mr. Nicholas, Mr. Blake, Mr. Bosch, and Mrs. Evans voted “Aye.”  Motion carried, 7-0.  The Planning and Zoning Commission adjourned at 8:40 P.M., March 10, 2009.

 

RESPECTFULLY SUBMITTED:

 

 

___________________________                 

Lynda D. Yartin, Municipal Clerk