PLANNING AND ZONING COMMISSION

CITY HALL, 100 LOCKVILLE ROAD

TUESDAY, NOVEMBER 9, 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. Binkley, Mr. Blake, Mr. Nicholas, Mrs. Evans, Mr. Bosch, and Mr. Sauer were present. No members were absent. Others present were: Susan Crotty, Joe Henderson, Mitch Banchefsky, Karen Risher, Jeffrey Brown, Wayne Moore, Terry McMurray and Alana Kraft.

 

2.         A.        APPROVAL OF MINUTES of November 9, 2010, Regular Meeting:  Mr. Bosch moved to approve; Mr. Hackworth seconded the motion.  Roll call was taken with Mr. Binkley, Mr. Bosch, Mr. Sauer, Mr. Hackworth, Mr. Blake, Mr. Nicholas and Mrs. Evans voting “Yea”.  Motion passed, 7-0.

 

3.         SCHEDULED MATTERS:

 

            A.        Review and request for a motion to approve Nonresidential Design Standards Certificate of Appropriateness for Architectural for Huntington Bank located at 125 Postage Drive.  (TABLED 9/14/10).  Mr. Hackworth moved to remove from the Table; Mr. Nicholas seconded the motion.  Roll call was taken with Mr. Nicholas, Mrs. Evans, Mr. Hackworth, Mr. Sauer, Mr. Blake, Mr. Bosch and Mr. Binkley voting “Yea”.  Motion passed 7-0.  Mr. Henderson reviewed the report provided to the Commission and stated the applicant is proposing to modify their original proposal which included an illuminated green banding above the main entrance, adding two green illuminated awnings above the windows on the east elevation, install green sleeves on the bollards at the window drive up and paint the drive up canopy supports green.  Mr. Henderson stated the current proposal includes leaving the main entrance painted green and proposing two green fabric canopies above the windows on the eastern elevation. Staff supports the Certificate of Appropriateness for Architecture that complies with the minimum zoning requirements and the following conditions:

 

                        1.         That the canopy over the main entrance shall be painted to match the wall.

 

                        2.         That the bollards and canopy supports shall remain their original colors.

 

Mr. Jeffrey Brown stated he was representing the applicant and when he was here in September he received feedback and the Commission indicated they did not like the material or the color.  Mr. Brown stated he is now here with a sample of the fabric material and color for the fabric canopies over the windows.  The new corporate green color originally submitted has been muted and he provided a sample for the Commission to review.  Mr. Brown stated this application is dealing with the awning on the front of the building, the two windows there and they would repaint the canopy over the front door with the muted green.  This will not be illuminated, there is no signage on it and they are no longer dealing with anything else.

 

Mr. Nicholas clarified the canopy over the door that is already green will be repainted to the muted green to match the color of the awning fabric submitted tonight. He further clarified that the bollards and support columns for the canopy will remain as they are; they are no longer requesting to paint those.  Mr. Henderson stated that they are only asking for the two fabric awnings over the windows and the canopy at the main entrance.  Mr. Nicholas clarified that nothing at the drive through will change from what it is today. Mr. Binkley clarified that the painting on the canopy over the front door will be the color that matches the canopy fabric provided at this meeting and stated he had nothing further.  Mr. Bosch stated he also prefers that all three be the same color.  Mrs. Evans stated she agrees with this all being the same color.  Mr. Sauer stated this proposal looks good. 

 

Mr. Bosch moved to approve with modifying the staff recommendation number one to read as follows:

 

                        1.         That the canopy over the main entrance shall be repainted to match the fabric canopy color.

 

                        2.         That the bollards and canopy supports shall remain their original colors.

 

Mrs. Evans seconded the motion.  Roll call was taken with Mr. Bosch, Mr. Nicholas, Mr. Sauer. Mr. Hackworth, Mrs. Evans, Mr. Binkley and Mr. Blake voting “Yea”.  Motion passed, 7-0.

 

            B.         A public hearing and review and request for a motion to approve a Conditional Use Permit for Horvath Towers LLC., for a Cell Tower located at 671 Windmiller Drive. (Tabled 10/12/10).

 

Mr. Blake stated that the applicant has requested this remain tabled.  Mr. Banchefsky stated he had provided the Commission with a memo that outlines the Federal Communications Commission requirements as set for in the Telecommunications Act of 1996 and reviewed the memo.  Mr. Banchefsky further stated that Horvath Tower had indicated that were trying to procure this tower for Clear Wire as the ultimate user and he read in the Wall Street Journal that Clear Wire has suspended operations at least through the end of this year. The question then becomes whether the applicant will come back within a timely manner.  The FCC requires that from the time the application for a new tower is filed we have 150 days to take action, it can’t sit here indefinitely. 

 

            C.         Review and request for a motion to approve a Comprehensive Sign Plan for Building Signage and Olde Downtown Pickerington Village Commercial Design Guidelines Certificate of Appropriateness for signage for Village Crepe located at 21 North Center Street (Heitmeyer property).

Mr. Henderson reviewed the report provided to the Commission and stated the applicant is proposing two new wall signs.  The two existing signs for Park Alley Banquet Hall on the south side of the building would remain.  The wall signs are being requested to provide better visibility for the business.  One wall sign would be attached to the building perpendicular to the road at the same location as the former restaurant sign and the other sign would be on the north side of the building facing the alley. The signs are consistent with other signs in the Olde Village.

 

 Staff has determined the Olde Pickerington Village Commercial Design Guidelines are the governing design standards for the Olde Downtown Pickerington Village district. These design guidelines do not limit the number of colors allowed per sign. Staff supports the Comprehensive Sign Plan and Olde Downtown Pickerington Village Commercial Design Guidelines Certificate of Appropriateness for signage for wall signage that complies with the minimum zoning code requirements. Mr. Wayne Moore stated he is the applicant and will be the owner and operator of Village Crepe.  There were no further questions or comments. 

 

Mr. Nicholas moved to approve; Mr. Bosch 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.

           

D.        Review and request for a motion to amend the Nonresidential Design Standards Certificate of Appropriateness for Architecture for Volunteer Energy located at 790 Windmiller Drive.

 

Mr. Henderson stated the applicant left a message stating that he is ill and may not be able to make it to this meeting.  Mr. Henderson stated he then left a message for the applicant advising him he could request that this be tabled and he has not heard back on that message. Mr. Henderson reviewed the report provided to the Commission and stated the applicant is requesting to amend the Certificate of Appropriateness for Architecture previously approved by staff and the Commission.  The Commission approved that there would be a brick wall on the base of the middle section of the building.  During the building process the brick wall base in the middle section was deleted and was replaced with the fiber cement boards, or hardy plank.  This was discovered during the final site inspection conducted by zoning department staff. Mr. Blake clarified they omitted the brick wainscoting below the windows. Mr. Henderson stated the applicant pointed out that the area where the brick was omitted has pillars in front of it on both sides and there are two similar areas that have pillars on both sides near the original entrance.  The areas that are similar do not have the brick wall base.

 

Mr. Henderson stated that staff informed the applicant there are two options to correct this.  One would be to install the approved brick wall as shown on their plans and the second is to request that the Planning and Zoning Commission amend the Certificate of Appropriateness for Architecture. Staff does not support the amended Certificate of Appropriateness for Architecture.  Staff support the approval provided previously by the Commission. Mr. Blake clarified they do have a semi natural material in the hardy plank and that the wall is approximately 35 feet in length.  Mr. Blake also clarified that staff discovered this in the review inspection that is done by staff that checks to see if the building was constructed according to the plan approved by the Planning and Zoning Commission.

 

Mr. Sauer stated he does not have a problem with amending this as it is consistent with the other two areas that have pillars and it is not an eyesore.  Mr. Hackworth clarified that this was brought to the applicant’s attention before the building opened.   Mr. Hackworth stated if we are going to have Design Standards he thinks we need to adhere to those standards. Mr. Hackworth clarified that this is something that did not happen recently and that the applicant has been aware of this for some time. Mr. Hackworth stated this doesn’t look bad however he has trouble supporting this because the applicant did not follow the rules. Mr. Evans clarified that this was not done as the Commission approved, however, if they came in with this today, as they built it but before they did so, it probably would have been approved. 

 

Mr. Bosch stated he has two issues with this. He does not want to set precedence that when the builder makes an error and omits something that was approved, all they have to do is come back in and the Board will approve to modify or amend the Certificate of Appropriateness.  Most of the time on buildings of this nature we have approved doing the brick knee wall where there has not been a door.  Mr. Binkley stated he is torn on this as he feels the building looks good and meets our Design Standards; however he also thinks they should have done this as was presented and approved, or that they should have come in during the building process and requested the change at that time.  He stated he has an issue with approving this after the fact.

 

Mr. Nicholas clarified that the area in question does project outward.  Mr. Nicholas stated if the applicant had come in originally with the plan he probably would have approved of it.  He is not in favor of approving what is presented tonight as the applicant had  already had it approved and then did not build it to meet with that approval. They built it as they wanted to and are coming in after the fact.  Mr. Nicholas stated he agrees with staff recommendation of not approving this.  Mr. Blake stated this is an area of approximately 100 square feet of brick he doesn’t think they would intentionally not put this in and that it was a mistake.

 

Mr. Binkley clarified that if the Commission does not agree to amend the Certificate of Appropriateness the next step is that the applicant would have to change it. Mr. Hackworth clarified we are either voting to amend and not to amend this. Mr. Blake clarified that if the motion is made to approve with staff recommendations, they must change the building.

 

Mr. Bosch moved to amend the Nonresidential Design Standards Certificate of Appropriateness for Volunteer Energy; Mr. Hackworth seconded the motion.  Mr. Nicholas clarified that a Yea vote will let it stay as built. Mr. Sauer clarified that staff has spoken with the applicant, Michael Kolb of Berry and Miller Construction and not with the owner of the building, Volunteer Energy.  Mr. Banchefsky stated this will go back on the owner of the building. Mr. Sauer clarified the contractor had the correct set of plans and did not follow them. Mr. Henderson stated he is not sure if the owner of the building is aware of this.  Mr. Blake clarified if this does not pass and must be built to the approved set of plans, the applicant or the builder could resubmit or appeal the decision of the Commission. Roll call was taken with Mr. Blake, Mr. Bosch. Mr. Nicholas, Mr. Sauer, Mrs. Evans, Mr. Binkley and Mr. Hackworth voting “Nay”.  Motion failed, 0-7.

 

4.         REPORTS:

 

            A.        Planning and Zoning Director

                       

1.         BZA. ZONING APPEALS Report.  Mr. Henderson stated there were four

 BZA cases last month and all were approved.  Three were fences and one was for a deck.

 

2.         FCRPC. Mr. Henderson reviewed the report provided to the Commission and

stated the only item that is nearby to the city is that Violet Township amended their swimming pool regulations with a few minor changes.

 

5.         OTHER BUSINESS:

           

A.        Commission Discussion.  Mr. Blake clarified that staff has been enforcing the code on banners. Ms. Crotty stated that staff had held off for a period of time to allow some outreach to the business community to get their input on our sign code, particularly regarding temporary signs.  The Commission was provided with the responses to that. It was determined that the City would go ahead and enforce the code as it stands.  Our Chief Building Official has been contacting some of the businesses with banners up and several issues have been resolved.  Staff has been going out proactively enforcing the code.  Mr. Blake clarified that this is being enforced proactively on banners and temporary signs and this is in part due to the non response of feedback from the business community. Ms. Crotty stated they did not feel that the feedback received would require changing the procedures.  Mr. Binkley stated he thought the sign regulations survey results were interesting and disheartening.  There were over 400 emails sent out, emails were opened approximately 120 times and there were only six responses. There are so many complaints regarding our sign regulations however we only received six responses.

 

Mr. Binkley stated that last week the majority of Council decided not to follow the Commission’s lead on outdoor patio curtains.  At some point we are going to start being inundated with more requests for outdoor patio curtains. He can understand Council’s point in not wanting to turn away business however the Commission did try to make a thorough study by having a consultant find examples and prepare documentation.  The Commission for the most part agreed that these are not appealing in terms of what our design standards are.  Mr. Blake clarified that Mr. Henderson had not heard from Happy Endings.  Mr. Henderson stated he has been requested to contact them this week and that their curtain is not back up at this point. Mr. Binkley stated perhaps the applicants should be given the building code regulations regarding the code results of enclosing 50 percent of a patio.  If they realize the result on the enclosure turns the area into a no smoking area the applicants might decide it is not worth the risk. Mr. Nicholas stated he was completely disappointed in the ruling by Council regarding not allowing patio curtains. A majority, although not unanimous, of the Planning and Zoning Commission stated they did not feel it is appropriate to have side curtains on an outdoor patio. The majority of Council did not vote in favor of not allowing patio curtains and this was an unfortunate vote in his opinion.

 

B.         Refugee Road Corridor Study.  Ms. Crotty stated there were no updates at this time.

 

C.         Signage Survey – Chamber of Commerce.  Mr. Henderson stated information on the survey results was provided to the Commission and had been discussed in Item 5 A above.

 

6.         ADJOURNMENT.  There being nothing further. Mr. Bosch moved to adjourn, Mr. Blake 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 8:17 P.M., November 9, 2010.

 

RESPECTFULLY SUBMITTED:

 

 

______________________________

Karen I. Risher, Administrative Clerk­­­

 

ATTEST:

 

 

______________________________

Susan Crotty, Development Director