PLANNING AND ZONING COMMISSION
CITY HALL,
TUESDAY, JULY 13, 2010
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. Bosch and Mr. Sauer were present. Mr. Nicholas arrived at 7:35. P.M. Mr. Binkley had advised he would be on vacation. Mrs. Evans was absent. Others present were Bill Vance, Susan Crotty, Lance Schultz, Joe Henderson, Mitch Banchefsky, Karen Risher, Nanette Spence, Eugene Iacovetta and Jason Dolan.
2. A. APPROVAL OF MINUTES OF June 8, 2010 work
session: Mr. Bosch moved to approve; Mr.
Hackworth seconded the motion. Roll call was taken with Mr. Bosch, Mr.
Sauer, Mr. Hackworth and Mr. Blake voting “Yea”. Motion
passed, 4-0.
B. APPROVAL OF MINUTES OF June 8, 2010 regular meeting: Mr. Bosch moved to approve; Mr. Hackworth seconded the motion. Roll call was taken with Mr. Bosch, Mr. Sauer, Mr. Hackworth and Mr. Blake voting “Yea”. Motion passed, 4-0.
3. SCHEDULED MATTERS:
A. Review and request for a motion to approve a Conditional Use Permit for the expansion of Athletic Fields and a new Community Center for PYAA’s Sports Complex located within the Wellington Park Subdivision (TABLED 4/13/10).
B. Review and request for a motion to approve a Comprehensive Sign Plan for Ground Signage for Spence Environmental Consulting Inc., located at 70 West Church Street.
Mr. Henderson reviewed the report provided to Board members. The sign does not meet our zoning code in section 1292.03(a)(3)A. that states all ground signs shall have brick or stone base with columns extending a minimum75% up each side of the sign, however it is consistent with signs that are in the Olde Pickerington Village Area, but outside of the Olde Downtown Pickerington Village District. Mr. Henderson stated staff supports the Comprehensive Sign Plan for ground signage that complies with the minimum zoning code requirements and the following condition:
1. That the ground sign shall have wood posts.
Mr. Blake clarified that, as there are currently only four Board members present, it will require three out of four votes to pass a motion.
Nanette Spence stated she is here in place of the owner. Ms. Spence stated that they would like to do the wood posts.
Mr. Blake stated that Mark Nicholas arrived at 7:35 p.m.
Mr. Hackworth clarified that the sign will not be lighted. Mr. Bosch clarified that staff supports the wooden posts without a vinyl covering over them. There were no further comments or questions.
Mr. Sauer made a motion to approve the Comprehensive Sign Plan for
ground signage with the minimum zoning code requirements and the following
condition:
1. That the sign shall have wood posts.
Mr. Bosch seconded the motion. Roll
call was taken with Mr. Nicholas, Mr. Blake, Mr. Hackworth, Mr. Bosch and Mr.
Sauer voting “Yea”. Motion passed, 5-0.
C. Review and request for a motion to
approve an amended Comprehensive Sign Plan for ground signage for the
Marketplace at Cross Creeks located at
Mr. Henderson reviewed the report provided to Board members. The original Comprehensive Sign Plans approved in March of 1998 did not include ground signage at this location. The sign would be located in the 10 foot landscape area between the parking lot and the property line. Code does require a five feet setback from the property line and in order to put the sign there this would need to be waived by the Commission.
Mr. Henderson stated that
condition two in the staff recommendations is eliminated. The sign is located
within two easements, they are private easements,
1. That the brick shall match the existing ground
signs on the west side of
2. That the owner of the site shall get approval from both easement owners to install a ground sign within their easements.
3. That the ground signs shall be no higher than
eight feet above the adjacent sidewalk along
Eugene Iacovetta stated his company is Iacovetta Properties and they have owned Cross Creek for two years. Mr. Iacovetta did not have any questions or comments with staff’s recommendations.
Mr. Shultz stated that staff’s
recommendation indicates that this had to be five feet from the property line,
so for the Commission to allow this as proposed the Board will have to give
that as a waiver. Mr. Blake clarified
that with the proposed changes of possibly adding a lane on
Mr. Bosch moved to approve the Comprehensive Sign Plan with the minimum
zoning code requirements and the following conditions:
1. That the brick shall match the existing
ground signs on the west side of
2. That the ground signs shall be no higher than
eight feet above the adjacent sidewalk along
3. That the sign shall be placed within the five
foot setback from the property line.
Mr. Sauer seconded the motion. Roll
call was taken with Mr. Blake, Mr. Bosch, Mr. Sauer, Mr. Nicholas and Mr.
Hackworth voting “Yea”. Motion passed, 5-0.
4. REPORTS
A. Planning and Zoning Director
1. BZA report. Mr. Schultz stated there were three BZA cases last month and they were approved. There is one case scheduled for the July 22nd meeting.
2. FCRPC report. Mr. Schultz stated Fairfield County Regional Planning Commission did not meet as there were no agenda items.
5. OTHER BUSINESS
A. Commission Discussion. Mr. Bosch stated the brush on the corner of
B. Refugee Road Corridor Study. Mr. Schultz they are moving forward with preparing draft land use plans, concept plans and guidelines. He stated that he will discuss with staff when the appropriate time for the next work session will be. Mr. Blake clarified that coming before the Planning and Zoning Commission worked well for everyone.
C. Code Enforcement Discussion. Mr. Bill Vance, City Manager, stated it was a pleasure to be here this evening. He has been here a couple of weeks and one of the many priorities being worked on is enhancing code enforcement efforts. It is the lawn cutting season and lawns and vacant lots not being mowed have become a priority. On a daily basis we receive sign complaints, concerns and comments. Mr. Vance stated he is meeting with the Chamber of Commerce president either this week or early next week. He would like to utilize the Chamber in trying to establish a majority position from the business community as to what they think about the City’s sign regulations as to whether the regulations are meeting the needs of the majority of the community or if they need to be tweaked. The temporary sign issue pops up on a daily basis. He stated that Pickerington Youth Athletic Association signs are all over the place and obviously we want to work with those folks to enhance their participation levels. On a daily basis common sense and good communications with the people we are working with has to come into play. In many cases the businesses are fighting to survive and are doing all they can to stay in existence. We have to have empathy with their position while not ignoring established regulations, but also do the best we can not to drive business out of the City. Mr. Vance stated it is not an easy situation these days. He feels we have a very talented staff in place, he is happy to be part of that staff and we will continue to discuss code enforcement as you deem necessary.
Mr. Blake clarified that Ms. Crotty did not receive any feedback from the Chamber of Commerce regarding the changes to procedure for signs in the Olde Downtown area. Ms. Crotty stated she did speak with Sandy Malloy of the Olde Pickerington Village Business Association she expressed that they are pleased with what has been done and were happy that approval could be done administratively.
Mr. Bosch inquired if anything could be done through Code Enforcement regarding yards where the grass has been killed and it has been dirt all summer. Mr. Henderson clarified that the grass had been sprayed to kill it, then it was tilled and raked and nothing further has been done. Mr. Bosch stated the house had been in foreclosure, nothing was done with the house for about 18 months. The grass was killed in the spring. Mr. Vance stated that can be investigated. A distribution list email was created for council and one was created for Planning and Zoning so you can expect to receive information from City Hall in regard to pertinent land use issues to keep you educated in between meetings as to what is going on around you. This is a good time to get started with that. Mr. Schultz stated that new houses require sod in the front and grass in the rear and staff will research existing houses.
D. Outdoor Patio Enclosure Discussion. Mr. Blake stated there has been discussion
back and forth on outdoor patios. Mr. Schultz stated that two years ago with
the state’s passage of the smoking ban outdoor patios became a hot issue. Businesses are looking for space for people
to smoke. Since then the City and the central
Mr. Schultz stated that one
request last year was to enclose the outdoor patio. Classic Pizza put a plastic screen down that
was not approved and the City wrote up a violation and one of the options was
to come before the Commission for review and approval and it was denied. Happy Endings came in and their enclosure of
the patio was approved. Pizza Cottage
inquired what our requirements are and we don’t have any. We retained our architect to give us examples
of what would be appropriate and they came in for last month’s meeting with a
presentation and this month in the packets they included a memo with many
examples of outdoor patios in central
Mr. Schultz stated that one thing
they found is that no city in central
Mr. Blake stated that when the smoking ban came in, the establishments that serve alcohol wanted to provide a patio for their customers that smoke. That was the first wave that we saw, people trying to add outdoor patios to existing structures. The second wave was to extend the season for usage of the patio in order to provide smokers with an area to smoke during the winter. This Commission prides itself on being consistent in treating everyone the same while still thinking outside the box. A lot of the patio enclosures were done first, and then they came in later and asked for forgiveness. The result is we have some things that are not aesthetically pleasing such as Classic. Once they did this, it opened the floodgates and everyone came in saying they have it, we want it too. We thought coming up with guidelines would be easier than it has been.
Mr. Vance stated that in his
experience in
Mr. Blake stated that on page 3, Murphy McFlips, he can’t tell if this is a drop curtain or if it’s actually a panel. Mr. Schultz stated he is familiar with this and it stands out like a sore thumb as this is the only business in the strip center that has taken parking spaces for patio use. Mr. Blake clarified that they took two parking spaces and put a patio there. Mr. Vance clarified that the patio area with the chairs is seasonal and they take the chairs in during the winter months however the enclosed area is used year round. Mr. Blake stated the Commission has allowed a few of these retrofits of existing businesses. Mr. Schultz clarified that where Catalfino’s is now located, Wings and Things was located there and they used a couple of parking spaces for a patio. Mr. Blake stated he believes this will become an issue again in the fall.
Mr. Schultz stated that Jason Dolan with Gavin-Fleur had arrived and will give an analysis of their findings.
Mr. Vance stated that if the Commission is going to provide some flexibility at a yet to be determined time, he feels that public safety must be the first priority and that the building inspector should be involved to make sure that the temporary and permanent structures are inspected and determined to be safe for the public. Mr. Hackworth stated he feels that by the time an issue comes before the Commission it should have already been approved by the engineering and building departments. Mr. Vance stated that with some of these issues the applicant came in after the fact. A growth management team has been established and each Tuesday afternoon between 1:00 p.m. and 5:00 p.m. has been set aside to provide the opportunity to provide a meeting for ideas, proposals, potential businesses etc. Development, Building, Engineering and the Planning & Zoning departments will have someone at these meetings, and if requested he will also attend. The City will sit down and attempt to trouble shoot, expedite the process and address as many situations as possible. Mr. Vance stated he thinks some of Mr. Hackworth’s concerns can be addressed at these meetings where everyone is represented. The applicant’s come before the Commission to get the concept approved and once that is done they work with the building department.
Mr. Blake stated that they had given Mr. Vance a review of what the Commission has been trying to do for the past year or so and that Mr. Dolan had been brought in to provide information on what other communities were doing or thinking of doing.
Mr. Dolan reviewed the report
provided to the Commission. They went to different areas surrounding
Mr. Dolan reviewed Classic Pizza. The problem with weather barrier curtains being pulled down is that all sense of connectivity to the storefront is lost. Another thing to consider is that when you have to walk through the patio to get to the main entrance of building it causes some problems as well, especially in the case of the patio being a haven for smokers. This is the case with Classic Pizza.
Mr. Dolan stated with Happy Endings the front door is separate from the patio however it obviously is nearly 100 percent closed. The patio is not only for those inside the establishment, but also to improve the visible interest of your streetscape and it could be argued that this is not necessarily helping to improve that.
Mr. Dolan clarified that when Pizza Cottage came in their initial plan was to find a way to extend the season for outdoor use of the patio by enclosing it in some manner. At that point it was the first new structure coming into the City that was proposing this. Mr. Dolan stated that with such a nice patio as this you almost have to close it off entirely. Mr. Dolan reviewed a power point presentation of the photos included with the report. He stated that it could be a requirement that the applicant show renderings of what it will look like with the canvas or curtains down and also to insure that it meets transparency requirements. Hr. Hackworth clarified that Mr. Dolan has not seen barrier curtains that were hidden on a track when not in use. Mr. Dolan stated that some of the drop down plastic curtains have canvas at the top in the same color as the awning and when rolled up the plastic is not visible. With outdoor patios, they are usually done as inexpensively and quickly as possible. Mr. Schultz clarified that it is not really that inexpensive as Classic Pizza’s patio cost $20,000 and that doesn’t look good. Mr. Henderson stated that the panels have zippers that attach the curtains to the poles. The system was not cheap, however the material was. Mr. Blake stated he was impressed with how they covered the poles and were able to attach the sides of the curtains to make it more of a weather proof structure. Mr. Hackworth stated he thought it would look better if the curtains were on the inside so you could see the poles. Mr. Blake stated when the curtains were down and zippered to the sides and not just held down by some weights, they weren’t flapping in the wind. Mr. Schultz stated the curtains may also serve as a sun block as Classic Pizza does face west. Mr. Hackworth it doesn’t make sense that where there are nice columns or landscaping and it gets covered with plastic curtains.
Mr. Schultz stated the intent of
the presentation tonight is to give us a menu of what is out there and his goal
is to get some direction from the Commission to determine what we want to
establish as guidelines for the City.
Mr. Sauer stated that in looking at the photos, the ones that appeal to
him are Pizza Cottage, The Pub in Polaris, The Rusty Bucket in
Mr. Sauer stated that with each one of these it almost seems as if the curtains are a permanent part of the building and not like something that was just attached to a storefront onto a sidewalk. Perhaps one of the conditions we could have is no use on a previous or existing sidewalk, that what they are putting it on actually is a patio with permanent pylons and some type of landscaping in front to push the drape to the background so it is not the first thing you notice. Another thing is that there should be some sort of way to attach the curtain to the column to keep it from blowing into people or whatever is next to it.
Mr. Schultz stated the established stand alone restaurants, because it is within the design of it, are appropriate. It’s the add ons to strip centers that do not have that consistent feel. The question, and it may be a legal question, is can we impose regulation on an existing strip center to require that it looks like it’s within the footprint of the center, however we define that.
Ms. Crotty stated she has not
gotten any comments on the temporary enclosures or patios and has not heard any
feedback on this, positive or negative. The more restrictive we are does send a
message, whether that is positive or negative. There is only one other city in
central
Mr. Blake stated that we look to
communities that have the high standard we want Pickerington to look like. We want to keep our standards high enough so
that we have sustainable development. We
also need to keep in mind that the development on
Mr. Blake stated the patios that Mr. Sauer
mentioned as positive are ones that are not as noticeable are the ones that
have a secondary facade. Mr. Schultz stated the issues are the strip centers
where the only place they can expand is out front. Mr. Bosch stated in a lot of cases they have
an eight feet sidewalk and they need to sustain five feet of that for
pedestrian traffic. Mr. Schultz stated
that can be zero feet if they have
Mr. Bosch stated that he doesn’t think any member of the Commission has had issues with outdoor patios. We can enhance and set our guidelines as to how we want them to look so that the retrofits are more upscale and provide the ones that are designing new the guidelines as to how we want to see it look. We haven’t seen any side curtains that we all liked, so perhaps the step in the interim is that we come up some patio guidelines and for now, we don’t approve side curtains. Mr. Sauer stated there are some of the side curtains that he does not mind, as the ones at the Rusty Bucket, they are clear and tucked behind the landscaping. He doesn’t think it would be too much to ask that they be transparent instead of the white film at Classic Pizza. Mr. Hackworth stated that none of the pictures show the curtains down. Mr. Dolan advised they were taken in June and July. Mr. Schultz stated he wanted to emphasize that our budget is limited for the consultant to prepare the aesthetic guidelines. Mr. Dolan stated that the appeal of the patio should be to the pedestrian and vehicular traffic and not as much to the person on the patio.
Mr. Schultz stated that one option is to do a survey of each Commission member as to what you think is appropriate and what it not and he will tabulate the information so staff can discuss that and potentially next month have a proposal. Mr. Vance stated he thinks it’s good to have standards and we need to provide standards while providing excellent customer service and the process should be in a timely fashion. We are headed in the right direction as far as providing guidelines for these temporary purposes. We might want to include that these are for temporary purposes and not going to be up year round, and in the short term try to accommodate these businesses during the cold weather. Our first concern is public safety, second is aesthetics.
Mr. Blake stated he likes the temporary part of it, and that is one of things addressed with Happy Endings. He also has no problems with the side curtains, it is how they are used that can be a problem. In today’s climate we want to be as business friendly while maintaining the appearance of 256. We don’t want to see a bunch of empty storefronts up and down 256.
7. ADJOURNMENT. There being nothing further, the Planning and Zoning Commission meeting adjourned at 8:52 P. M., on July 13, 2010.
RESPECTFULLY SUBMITTED:
____________________________
Karen I. Risher, Administrative clerk
ATTEST:
_______________________________________
Lance A. Schultz, Planning and Zoning Director