PLANNING AND ZONING COMMISSION

CITY HALL, 100 LOCKVILLE ROAD

TUESDAY, SEPTEMBER 14, 2010

REGULAR MEETING

7:30 P.M.

1. ROLL CALL: Mr. Blake called the meeting to order at 7:30 P.M. Roll was taken as follows: Mr. Binkley, Mr. Blake, Mr. Nicholas, Mr. Bosch, Mr. Sauer and Mayor O’Brien were present. Mr. Hackworth and Mrs. Evans were absent. Others present were Susan Crotty, Lance Schultz, Joe Henderson, Mitch Banchefsky, Karen Risher, Kelley Caruso, David Youse, Jeffrey Brown, Frank Petruziello, Eva Langston, Tracy Langston, Michelle Griffis and Ryan Srbljan.

2. A. Approval of minutes of August 10, 2010 meeting: Mr. Blake moved to approve; Mr. Sauer seconded the motion. Roll call was taken with Mr. Binkley, Mr. Bosch, Mr. Sauer, Mayor O’Brien, Mr. Blake 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 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 Nonresidential Design Standards Certificate of Appropriateness for Architectural for Huntington Bank located at 125 Postage Drive.

Mr. Henderson reviewed the report provided to the Commission. Mr. Henderson stated the applicant is proposing to add an illuminated green banding above the main entrance, add two green illuminated awnings above the windows on the east elevation, install green sleeves on the bollards at the drive-up window and paint the drive-up canopy supports green. The illuminated areas would be internally illuminated and the band around each would glow bright green. The canopy and awning material would be plastic and vinyl. The proposed canopy, awnings and bright green color do not appear to meet the requirements. Staff does not support the amended Certificate of Appropriateness for Architecture.

Mr. Blake clarified the a few months ago staff administratively approved moving the existing signs from one location to another and it appears at that time they also installed one green awning. The logo by the word Huntington was also approved administratively.

Mr. Jeffrey L. Brown stated he was the attorney for the applicant. Mr. David A. Youse stated he was the architect for the applicant. Mr. Youse stated Huntington is in the process of upgrading their color scheme and logo. Mr. Youse stated someone painted the band around the entry door, they are not proposing that and he does not know how that happened. He apologized for the error. Mr. Youse stated there are three different elements in their request, the awning, the bollards and their support columns at the drive through and the canopy and support columns over the drive through window. The existing canopy over the door was white until someone painted it green. They will change it to a color that is agreeable with the Commission. The canopy will have a small band added to it with LED lights and will glow. The two canopies over the windows are short canopies and will have a vinyl cover on them. The intent is to have them illuminated with the LED lights also. They are 12” tall. These changes make up less than two and one-half percent of the exterior of the building. They ask that this small percentage be approved as it is part of the corporate colors and marketing. The bollards are bright yellow now. Huntington is hoping to have this branding done at all their locations by April. Mr. Brown stated this color is consistent with the logo they have and under your code you can approve a different color.

Mr. Sauer stated the City went through an intensive process to set up the guidelines for specific reasons. There is a look we are trying to maintain. He has difficulty going away from what we have in place and does not want to set a precedent. Mr. Bosch clarified that Sonic has a very small LED light band on the outside of theirs and it appears that this is no longer working. We have Nonresidential Design Standards and he agrees with Mr. Sauer regarding consistency. He is not in favor of a bright green or a glow. The material is not compatible with our guidelines.

Mayor O’Brien clarified that the request to change the current color on the bollards to the green is not due to a safety issue. Mr. Youse stated that the trend is changing from yellow to green for the safety vests worn by those working along the roadway and that the illumination request can be eliminated.

Mr. Binkley clarified that the applicant had not considered a forest green. Mr. Youse stated that the color selected is a corporate issue and matches the Huntington logo. Mr. Binkley stated the Commission has the ability to approve on a case by case basis however they strive for consistency. He does not want to set a precedent. Mr. Brown stated that the bollards are a safety issue and there are currently a variety of colors in use for these in the corridor. Mr. Binkley stated that with the curb protection that is around the bollards and the brick on part of the columns, the color change seems like overkill.

Mr. Nicholas stated he does not support the color that was submitted and he is unsure on the illumination. He stated a part of the negotiation when this development first came in for the Certificate of Appropriateness was the Commission’s suggestion that the support columns look more architectural. Now they appear to be laminated with some type of one quarter inch material and he is disappointed with the way it looks today.

Mr. Blake clarified what the applicant is proposing has already been done at eight locations in central Ohio. Mr. Youse stated the awnings are the most important, the bollards next and the supports last. Mr. Binkley stated the material is not canvas, it’s vinyl. Mr. Nicholas stated he concurs that we have held to the Nonresidential Design Standards with respect to material. He does not approve of the color. Mr. Brown stated they would submit it to staff with canvas and not vinyl.

Mr. Sauer clarified that dark greens are the only green on the list of acceptable colors. Mr. Sauer clarified that the yellow umbrellas on the tables at Sonic were installed prior to the updates to the Nonresidential Design Standards. Mr. Bosch stated with ruling out the illumination, doing away with the column supports and the type of material, if we can get down to just color we would be getting to something workable. Mayor O’Brien stated he appreciates that the Commission is adhering to the Nonresidential Design Standards and we can see the marked difference this has made. He will stand behind whatever the Commission decides.

Mr. Blake clarified that this is basically down to color and awnings. Mr. Binkley stated he can live with the color if the material is canvas. Mr. Nicholas stated he still has a concern with the color, even if it were on canvas. Mr. Bosch stated his position has not changed. Mr. Sauer stated he concurs with Mr. Nicholas. Mr. Schultz stated to waive any of the guidelines it takes two-thirds of the vote, so four out of six would have to approve a waiver.

Mr. Blake stated he could call for a vote, however he thinks it would be turned down as it now stands. A motion to table could also be made. Mr. Brown stated the bollards and lighting will be removed and that will just leave the three awnings. They have agreed that the material change and are left with the question of color. Mr. Blake clarified that staff and the Commission would be more comfortable if they could see the color on a piece of fabric other than the glossy vinyl material. Mr. Nicholas stated if this is tabled the other two Commission members might be present and that adds the possibility of gaining a vote in the applicant’s favor. Mr. Nicholas clarified that the applicant is requesting that this be tabled.

Mr. Nicholas moved to table; Mr. Bosch seconded the motion. Roll call was taken with Mr. Bosch, Mr. Nicholas, Mr. Sauer, Mayor O’Brien, Mr. Binkley and Mr. Blake voting “Yea”. Motion to table passed, 6-0.

C. Review and request for a motion to approve a Comprehensive Sign Plan for building signage for Creative Keepsakes located at 77 West Columbus Street.

Mr. Henderson reviewed the report provided to Commission members. The owner is proposing to add a wall sign on the north side of the building facing West Church Street. The sign would encompass approximately 29 square feet, in white, brown and gold. Channel letters would be required however staff does not feel that would be appropriate in this area as it located within the Old Pickerington Village area, not in Old Pickerington Village zoning district. The applicant would like to install a spot light on the wall sign.

Staff supports the Comprehensive Sign Plan that complies with the minimum zoning code requirements with the following condition:

1. That the sign’s spot light shall not create any overflow illumination.

Ms. Michelle Griffis stated she is the applicant and agrees with staff recommendations.

There were no comments or questions.

Mr. Binkley moved to approve the Comprehensive Sign Plan for wall signage with the minimum zoning code requirements with the following condition:

1. That the sign’s spot light shall not create any overflow illumination.

Mr. Bosch seconded the motion. Roll call was taken with Mr. Nicholas, Mr. Blake, Mayor O’Brien, Mr. Bosch, Mr. Binkley and Mr. Sauer voting “Yea”. Motion passed, 6-0.

D. Review and request for a motion to approve a Nonresidential Design Standards Certificate of Appropriateness for Landscaping and Lighting for Shear Perfection Loft located at 101 Hill Road North.

Mr. Henderson reviewed the report provided to the Commission. The site is located in the old village area and there are restraints due to the small size of the lot. The applicant is proposing to plant 10 arborvitae at the western property line along the back of the parking lot. Also proposed is a mixture of shrubs and flowers in a six foot diameter around the ground sign along Hill Road North. Staff recommends waiving the requirement that the landscape plan shall be prepared by a licensed landscape architect. Staff also recommends waiving the requirement that a three- five foot high undulating mound with continuous landscaping shall be installed along Hill Road North. The applicant is proposing to illuminate the rear parking by installing a light on the roof. The light would be a Miniliter V series flood light mounted 15 feet above the parking lot. Staff supports the Certificate of Appropriateness for landscape and lighting with the minimum zoning code requirements with the following condition:

1. That the light color shall be black or match the color of the roof.

And the following waivers:

1. That the landscape plan shall be prepared by a licensed landscape architect in the State of Ohio unless waived by two-thirds of the Planning and Zoning Commission.

2. That a 3-5 foot high undulating mount with continuous landscaping (trees, shrubs and flowers) shall be installed along Hill Road North unless waived by two-thirds of the Planning and Zoning Commission.

3. That all developments with 10 or more parking spaces are required to provide exterior lighting for all exterior doorways, pedestrian pathways and vehicular use areas unless waived by two-thirds of the Planning and Zoning Commission.

Mr. Tracy Langston stated he is the electrical and general contractor for this project.

Mr. Blake clarified that Mr. Langston does not have any questions. Mr. Blake stated that he agrees that the mounding is not applicable due to the location. He also agrees with staff on the landscape plan.

Mr. Bosch clarified that 10 arborvitae are sufficient. Mr. Schultz stated the intent is to create a buffer and the Board of Zoning Appeals made that condition as part of their variance approval. Mr. Bosch stated he agrees that the mounding is not applicable. Mr. Bosch clarified that the waiver would be for items one, two and three and to include the one light fixture on the roof. Mr. Bosch stated that a 400 watt halo light is going to throw a lot of light. If the issue is to not have light pollution into the neighbor’s yard he would be more comfortable with having a shorter post similar to what we have in the streetscape. Mr. Binkley stated there could be a lamp post light at the handicapped parking. Mr. Schultz stated the applicant indicated they would prefer not to put a lamp post there. Mr. Binkley stated he feels that when the lights are mounted on the building facing down the lights can be blinding. Mr. Schultz clarified that if it is too bright a lower wattage bulb could be put in. Mr. Langston stated he is trying to be considerate of the neighbors on each side. Mr. Binkley stated he is not against the light, but he would like a lesser wattage. Mr. Schultz stated if the light requirement is waived, then if he installs the minimum for safety purposes it will be fine.

Mr. Nicholas stated he is fine with the lesser wattage and clarified that this meets the needs of the applicant. He agrees that the mound in front is not necessary. He does have a concern that the arborvitae could end up so large that they spread onto the neighbor’s property and also into the three foot backing area. Mr. Schultz stated it is going to be a tight fit. The Board of Zoning Appeals thought arborvitae would be more appropriate than a fence. There is a fence on that neighbor’s property however that could come down at any time. Mr. Schultz stated to change the rear landscaping from what the Board of Zoning Appeals has already approved would require further action from the Board of Zoning Appeals. Mr. Nicholas stated that his other concern is that as vehicles park they may hit the fence and weaken it. Mr. Langston stated if that occurs he will install stop blocks in the parking lot and clarified that he would not have to get those approved.

Mayor O’Brien stated that taking out the undulating mound is a good idea and clarified that this does not take out the landscaping around the sign. Mayor O’Brien clarified that the landscaping around the sign would be a raised bed. Mr. Sauer stated he did not have any questions. Mr. Nicholas clarified that no other landscaping is planned.

Mr. Binkley moved to approve with the following condition:

1. That the light fixture color shall be black or match the color of the roof and that the bulb shall be less than 400 watts if installed.

And the following waivers:

1. That the landscape plan shall be prepared by a licensed landscape architect in the State of Ohio unless waived by two-thirds of the Planning and Zoning Commission.

2. That a three-five foot undulating mound with continuous landscaping (trees, shrubs and flowers) shall be installed along Hill Road North unless waived by two-thirds of the Planning and Zoning Commission.

3. That all developments with ten or more parking spaces are required to provide exterior lighting for all exterior doorways, pedestrian pathways and vehicular use areas unless waived by two-thirds of the Planning and Zoning Commission.

Mr. Sauer seconded the motion. Roll call was taken with Mr. Sauer, Mr. Binkley, Mr. Bosch, Mayor O’Brien and Mr. Blake voting “Yea” and Mr. Nicholas voting “Nay”. Motion passed, 5-1.

E. A public hearing and review and request for a motion to approve a Rezoning and Preliminary Development Plan for the approximate 5.05 acre Skilken Property (#041-114-5100) from C3 Community Commercial to PC3 Planned Community Commercial District for the Windmiller Medical Campus located just south of Kroger’s.

Mr. Schultz reviewed the report provided to Commission members. The existing five acre site is currently one parcel and the applicant wants to divide this into three parcels. The reason for the rezoning and final development plan process is to consolidate the approval process to a single process instead of two. This alleviates the need for final plat and BZA approvals. The owner is proposing to develop the site into three buildings that will total approximately 39,000 square feet with 235 parking spaces. Phase one would include approximately 1.6 acres with a 13,000 square foot office building with 80 parking spaces. Phase two and three would be done either at the same time or at different times. This consists of two parcels containing 1.3 acres and 2.1 acres, with a maximum 14,500 square foot building and 11,500 square foot building respectively with a total of 155 parking spaces. Two curb cuts from Old Diley Road are proposed. Storm water would be directed to the existing Windmiller Pond. The developer is proposing an off-premise sign located on Skilken’s property that is located just south of the Pizza Cottage to advertise the Windmiller Square Medical Offices. The rezoning is consistent with the land use around it.

The developer is on a quick time schedule to build these offices and has submitted all of the appropriate drawings to expedite this. The City Engineer has reviewed this.

Staff supports the rezoning and final development plan that complies with the minimum zoning code requirements and the following 13 conditions:

1. That a 10-ft wide sidewalk/utility easement shall be required along Old Diley Road.

2. That the development shall provide parking at an aggregate rate of one space per 200 square feet of gross building area.

3. That a cross access easement agreement shall be established between lots 10, 13 and 14.

4. That the northern side yard parking setback for lot 14 shall be reduced from 9-ft to 0-ft.

5. That the western side yard parking setback for lot 14 shall be reduced from 9-ft to 5-ft.

6. That the north, south and west side yard parking setback for lot 10 shall be reduced from 9-ft to 0-ft.

7. That the northern side yard parking setback for lot 13 shall be reduced from 9-ft to 0-ft for the ten parking spaces.

8. That the eastern side yard parking setback for lot 13 shall be reduced from 9-ft to 0-ft along the access drive and from 9-ft to 5 ft adjacent to the parking spaces.

9. That the permitted uses for the development shall be per the zoning code to be consistent with section 1282.11.

10. That the proposed development shall not be required to comply with the flexible requirements in commercial districts per section 1282.14.

11. That the off-premise ground sign shall be permitted on lot 12 of the Windmiller Square Commercial Subdivision and located within a private easement to be established by the developer.

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

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

Mr. Blake opened the public hearing at 8:38 p.m. and asked if the applicant would like to make a brief summary. Mr. Frank Petruziello stated he is a Vice President Principal with Skilken. He stated that they have been meeting with City staff for a few months and have had nothing but good meetings. Skilken has been retail commercial developers for over 80 years. Medical office use is expanding and they want to be located near retail for the exposure and for the convenience of their patients. Skilken has marketed this property to quite a few hospitals and groups of physicians and now have a signed lease for the first building with Pediatric Associates. They are currently located in Pickerington and they will almost double in size and will increase their staff. The reason for subdividing the property is that many doctors like to have a percentage of the ownership of the building they occupy and they need to be able to offer that ability to tenants. The only way to do this is to have individual parcels. Mr. Petruziello stated he wants to specifically thank Bill Vance, Susan Crotty, Lance Schultz, Joe Henderson, Greg Bachman and Chet Hopper.

Mr. Blake stated he wants to thank Staff and the applicant as it is evident that they have put a lot of time and effort into this proposal. Mr. Sauer stated that he appreciates the efforts of Staff and the applicants working close on this, and that Pediatric Associates has chosen to stay in Pickerington. He had a question regarding sidewalks and that was addressed in the conditions. Mr. Bosch clarified that the access to the site was discussed with the City Engineer and his feeling is that the access for lot 12 will be pushed further to the south and that this access would be in the middle of that and the Pizza Cottage access. Mayor O’Brien stated we will have medical on the south end of Diley Road and with this we will have medical on the north end. He stated he has no concerns with this project and expressed his thanks for the business retention and expansion.

Mr. Binkley clarified that Mr. Petruziello is comfortable with all of the conditions. Mr. Binkley stated that on condition two it states parking shall be provided at an aggregate rate of one space per 200 square feet of gross building area, or five spaces per 1000 square feet. Mr. Petruziello stated that there will be six or seven per thousand spaces per 1000 square feet. Mr. Schultz stated the intent of condition two is that as long as they have five per 1000 square feet. Mr. Petruziello stated perhaps that could be modified to say minimum of five per 1000. Mr. Binkley clarified that the applicant will have to come back for COA on the site plan. Mr. Binkley clarified that the mounding along Old Diley Road will be similar to Pizza Cottage and Fifth Third bank. Mr. Binkley clarified that per the City Engineer a sidewalk along Old Diley Road will not be installed due to easements and that Violet Fire Department has reviewed this and approved. Mr. Binkley clarified that these are primary care doctors and it is unlikely that a large vehicle for portable MRI’s would not be maneuvering through the parking in order to be there for testing. Mr. Binkley clarified that a covered entrance is not proposed at this time. Mr. Nicholas stated he is in favor of the rezoning and development plan.

There being nothing further, Mr. Blake closed the public hearing at 9:05 p.m.

Mr. Binkley moved to approve the rezoning and final development plan that complies with the minimum zoning code requirements and he following conditions:

1. That a 10-ft wide sidewalk/utility easement shall be required along Old Diley Road.

2. That the development shall provide parking at an aggregate rate of not less than one space per 200 square feet of gross building area.