PLANNING
AND ZONING COMMISSION
CITY HALL, 100 LOCKVILLE ROAD
TUESDAY,
FEBRUARY 10, 2004
PUBLIC
HEARING
7:20
P.M.
OPEN DISCUSSION
REGARDING THE REZONING OF APPROXIMATELY 0.61 ACRES LOCATED AT 836 REFUGEE ROAD
FROM C-3 COMMUNITY COMMERCIAL TO PC-4 PLANNED HIGHWAY COMMERCIAL FOR CAT
TRACKS, LTD (HURT PROPERTY)
Mr. Bosch
opened the public hearing at 7:20 P.M., with the following members of the
Planning and Zoning Commission present:
Mr. Bosch, Mr. Nicholas, Mr. Smith, Mr. Blake, and Mr. Wisniewski. Others present were: Lance Schultz, Lynda
Yartin, Renae Hardy, David Donley, Nadia Farah, Randy Baughman, Dennis
Boruszewski, Ted Hackworth, Mitch O’Brien, Catherine Cunningham, and others.
Mr. Bosch asked if anyone present would like to speak to the proposed rezoning.
Renae Hardy stated she had addressed the Commission at the last meeting, and the only change in her application was to request a Planned Highway Commercial zoning. She stated she would answer any questions anyone might have.
Mr. Bosch asked if anyone present would like to speak in opposition to the proposed rezoning.
Ms Nadia Farah stated she was opposed to the rezoning because in the future, with this zoning, she could not be sure what would happen on that property.
Mr. Randy Baughman stated he was not necessarily for or against the rezoning. He stated he agreed with Ms Farah as he had concerns on what could happen in the future on this property. He stated when the cranes were rented on that property he had complaints from the tenants in the condos, however, with the car sales none of the tenants even knew it was there.
Mr. Blake stated it was his understanding that if the zoning is not changed, the cranes that were there prior to the car sales could go back in there. Mr. Mapes stated there was a misreading of the Code and that equipment rental could not go back in that zoning.
Mr. Blake inquired if all of the residents in the condos had been notified of this hearing and Mr. Baughman stated when he received the notice he had copied it to all the residents.
Mr. Bosch ascertained there were no further comments and declared the public hearing closed at 7:30 P.M., February 10, 2004.
RESPECTFULLY SUBMITTED: ATTEST:
____________________________ __________________________
Lynda D. Yartin, Lance A. Schultz,
Municipal Clerk Director, Planning and Zoning
CITY OF PICKERINGTON
PLANNING
AND ZONING COMMISSION
CITY HALL, 100 LOCKVILLE ROAD
TUESDAY,
FEBRUARY 10, 2004
7:30
P.M.
1. ROLL CALL. Mr. Bosch called the meeting to order at 7:30 P.M., with roll call as follows: Mr. Smith, Mr. Blake, Mr. Nicholas, Mr. Bosch, and Mr. Wisniewski were present. Mr. England resigned from the Commission. Others present were: Lance Schultz, Lynda Yartin, Bob Mapes, Ted Hackworth, Randy Baughman, Nadia Farah, Mitch O’Brien, Dennis Boruszewski, Renae Hardy, David Donley, and others.
2. A. APPROVAL OF MINUTES OF January 13, 2004, Public Hearing regarding zone change at 836 Refugee Road. Mr. Nicholas moved to approve; Mr. Smith seconded the motion. There being no questions or comments, the minutes were approved.
B. APPROVAL OF MINUTES OF January 13, 2004, Regular Meeting. Mr. Smith moved to approve; Mr. Nicholas seconded the motion. There being no questions or comments, the minutes were approved.
3. SCHEDULED MATTERS:
A. Review and request for motion to approve the rezoning of approximately 0.61 acres located at 836 Refugee Road from C-3 (Community Commercial) to C-4 (Highway Commercial) for Cat Tracks, Ltd. (Hurt property). (TABLED, 1/13/04) Mr. Nicholas moved to remove from the Table; Mr. Smith seconded the motion. Roll call was taken with Mr. Nicholas, Mr. Blake, Mr. Bosch, Mr. Smith, and Mr. Wisniewski voting “Yea.” Motion passed, 5-0.
1. Amendment to 3A – Review and request for motion to approve the rezoning of approximately 0.61 acres located at 836 Refugee Road from C-3 Community Commercial to PC-4 Planned Highway Commercial for Cat Tracks, Ltd (Hurt Property). Mr. Schultz stated the applicant has amended their request for a C-4 zoning to a PC-4. Mr. Schultz stated there are some requirements for a Planned District that this property cannot meet due to the fact that it is already developed. He stated these requirements were for perimeter treatment, shared parking, and access. He stated the requirement for screening the garbage and refuse area can be achieved. Mr. Schultz further clarified the access requirement is partially met as the site has access to Refugee Road through a private drive. Mr. Schultz further stated unless waived by the Planning and Zoning Commission two of the following requirements shall be required: Public Open Space, Pedestrian Plaza, and Rear Parking. Mr. Schultz stated these items cannot be achieved, however concerning the rear parking requirement, the parking is not visible from Refugee Road. He stated, in conclusion, the existing development cannot meet the criteria of a planned development, but would allow the Commission to institute conditions on the site. He stated staff could not support the zone change request and set a precedent of permitting a PC-4 Highway Commercial District adjacent to a C-3 Community Commercial and R-10 residential uses.
Mr. Schultz continued the City had sent notices to the owner of the property and the owner of Cat Tracks that the leasing of cranes or any type of vehicles is not permitted in a C-3 district. Mr. Schultz stated he had also sent the same notice to other similar businesses in the area. Mr. Mapes stated upon review of the Code, it was his opinion that the interpretation in the past that allowed this type of business was incorrect.
Mr. Bosch stated he would like to clarify the applicant intended to sell used cars, six to eight at a time on the lot, during normal business hours. He further stated he understood there would be no outdoor speakers or additional outdoor lighting, and the hours would be 9:00 A.M.-5:00 P.M., Monday through Friday, and Saturdays 11:00 A.M. – 4:00 P.M. Mr. Smith clarified the maximum number of vehicles that could be on the property would be 12 vehicles outside and six or seven inside. Mr. Smith stated should this be approved, he would recommend that the number of vehicles allowed be limited. Mr. Wisniewski clarified if this is approved, the City would have to be able to defend this exception in the event someone else submitted the same request. Mr. Mapes stated this could open the door for exceptions, however, with the planned district the City does have some control over what happens on the property. Mr. Mapes stated currently a C-4 zoning and car dealerships should be near highways. He stated one alternative is that Council always has the power to do Councilmanic variances, which means it goes through a legislative process and Council can make an exception that this particular item is okay in a C-3 zoning. He stated that would not involve this Commission, but would be a Councilmanic action. Mr. Mapes stated further this is a zoning change and it will go from this Commission to Service Committee, and then to Council. Mr. Bosch clarified the conditions of a PC-4 that Mr. Schultz had described earlier and that cannot be met would be considered waived if this Commission approves the request. There being no further discussion Mr. Smith moved to approve the rezoning of 836 Refugee Road from C-3 to PC-4 and grant the Conditional Use with the restrictions for the selling of leased vehicles and the provision of service/maintenance/detailing for such vehicles and other vehicles of the public, with the conditions that there be no more than 12 cars outside; no more than 6 cars inside; no outdoor speakers; no additional outside lighting; and the hours of operation to be no later than 7:00 P.M., Monday through Saturday, and to be closed on Sundays; Mr. Nicholas seconded the motion. Roll call was taken with Mr. Wisniewski, Mr. Smith, Mr. Bosch, Mr. Nicholas, and Mr. Blake voting “Yea.” Motion passed, 5-0.
B. Review and request for motion to approve Commercial Design Guidelines Certificate of Appropriateness for Building Materials and Landscaping for Donley Concrete Cutting and Drilling Company at 150 Hill Road North. Mr. Schultz stated the owner proposes to construct a garage/office facility on this site that would serve as an expansion to the current concrete and drilling use. He stated the building would be approximately 175 feet x 45 feet for a total of 7,835 square feet, and would accommodate up to eight vehicles and two to three offices. Mr. Schultz stated the site can be used for storage and office uses only per a condition on the zone change. Mr. Schultz stated the owner is also dedicating the property fronting S.R. 256 to a depth of 110 feet to the City. Mr. Schultz stated the site plan appears to meet all the zoning requirements per the variances approved by the Board of Zoning Appeals. He stated the front elevation would be split face CMU colored block with nine 12’x12’ overhead doors, bull nose sill bock-color would accent the building, there would be two doors and two windows with glass block, and the pitched roof would be of fiberglass shingles. The rear elevation would be of the same materials, and the two side elevations would be of the same materials with three windows with glass block, and the gables would be of vinyl siding. Mr. Schultz stated the west, or left, elevation would face Hill Road North.
Mr. Schultz stated staff can support the split face block because the site is located behind the existing business and exposure from Hill Road should be reduced from a proposed fence and potential landscaping on the land that is being dedicated to the City, and a building would likely be constructed north of the railroad tracks to block views into the building. Mr. Schultz continued the Board of Zoning Appeals variance approval required two landscaping conditions; a minimum six foot high opaque fence be constructed adjacent to the residential properties and landscaping which includes trees and shrubs be installed on the side of the fence that faces the residential properties to the south and west. He stated staff supports the Certificate of Appropriateness for building materials with the condition that the shrubs be added to the landscape plan along the south and west property lines. He further stated a Certificate of Appropriateness for lighting and signage would be required if it is to be a part of the development. Mr. Nicholas clarified the colors were not denoted on the plans provided. Mr. Donley stated he had not determined a color as yet, however, he did like the red brick color, black shingles, and the fascia, downspouts, gutter, and vinyl siding being white. Mr. Nicholas further clarified the accent band would be the gray/buff color split face block. Mr. Nicholas moved to approve the request with the color pallet described this evening; Mr. Bosch seconded the motion. Roll call was taken with Mr. Blake, Mr. Bosch, Mr. Nicholas, Mr. Wisniewski, and Mr. Smith voting “Yea.” Motion passed, 5-0.
C. Review
and request for motion to approve a construction extension for unforeseen
delays to the Final Plat for Wagnall’s Memorial Subdivision. Mr. Schultz stated the applicant is
requesting an extension to the final plats until September 23, 2004, as
Courtright Road East was not completed by the City until September 23, 2003,
and the owner could not start construction until after that date. He stated further the applicant is implying
that if the plat were determined to be invalid, the Courtright Road East right-of-way
would return to the underlying property owner.
Mr. Schultz stated the property owner dedicated the southern 30 feet of
right-of-way to the city, and the owners to the north dedicated 30 feet of
right-of-way, with the entire right-of-way for Courtright Road East being 60
feet in width. Mr. Schultz stated staff
did not have a recommendation concerning the final plat construction
extension. Mr. Mapes stated he would
like to point out that this is not actually an extension, but to delay the
start of the time for construction of improvements until the time the
infrastructure improvements were complete.
Mr. Mapes stated the developer could not get in to start the
infrastructure until the road was completed by the City. Mr. Smith summarized that the Commission was
being requested to reset the start date.
Catherine Cunningham stated she was present representing the developer
and the primary infrastructure improvement is Wagnall’s Court, and to do that
they had to connect to Courtright East which was not constructed by the City
during that time. She stated it is now
complete, however, until that time there was no means to get in, line up the
road and extend the utilities. Ms
Cunningham stated the owner was simply asking for the one year time period to
start on September 23, 2003, the date the road was complete. She stated that would mean the improvements
must be completed by September 23, 2004.
Ms. Cunningham stated she would be happy to answer any questions. Mr. Bosch clarified that the one year ending
on September 23, 2004, would give the developer enough time to complete the
infrastructure. Mr. Bosch stated he did
recall there were problems with the relocation of the accesses from S.R. 256 to
Courtright Road and having them relocated is definitely an asset for the
City. Mr. Wisniewski stated this is one
of the many plats that went through prior to the citizens having the
opportunity to vote on density, and he would abstain from voting on this
tonight as he has serious concerns regarding the way things were done at that
time. Mr. Blake moved to delay the
commencement of the one year time frame for completion of infrastructure
so as to begin as of September 23, 2003, and to be completed by September 23,
2004, for the good cause shown of unforeseen delay of the extension of
Courtright Road not being completed and accepted by the City until September
23, 2003; Mr. Nicholas seconded the motion.
Roll call was taken with Mr. Wisniewski abstaining, and Mr. Nicholas,
Mr. Blake, Mr. Bosch, and Mr. Smith voting “Yea.” Motion passed, 4-0.
4. REPORTS:
(1) BZA Report. Mr. Schultz stated there
were no cases in January, and there are no cases scheduled for February.
B. FCRPC - Lance Schultz. Mr. Schultz stated the final plat extension for Winding Creek was approved and one zone change request in Pleasant Township was denied.
C. Violet Township Comprehensive Land Use Plan Update – Lance Schultz. Mr. Schultz stated at the last meeting they reviewed preferred land uses for various parcels within the Township and at the next meeting they hoped to have that finalized. He stated they will then discuss what the Steering Committee and the consultant will be proposing for the Plan, and they hoped to hold a public meeting in March or April concerning the final draft.
5. OTHER BUSINESS:
A. Tree Commission. No report.
B. Review and discussion regarding Olde Downtown Pickerington Village Sign Code. Mr. Schultz stated a public hearing will be held next month so it will coincide with the completion of the downtown revitalization project. Mr. Smith asked Mr. Schultz where we stood with the banner signs that are cropping up all over. Mr. Schultz stated presently 50 square foot banners are allowed three times a year for 30 day increments for any commercial business in the City. Mr. Smith stated it might be a good idea to review this issue. Mr. Nicholas stated he would also like to address the issue of rope lights that are being used in the old downtown village. Mr. Mapes stated he could not find any place in the Code where those were prohibited. Mr. Schultz stated he has received calls on this issue as well. Mr. Mapes clarified that the Commercial Design Guidelines did not apply to the old village area, and lighting in that area is not addressed in the Code. Mr. Bosch stated once the sandwich board sign issue is complete, he felt this Commission should address the issues of banners and these types of lights. Mr. Schultz stated he would start researching these issues and provide information to the Commission when he has it put together.
C. Review and discussion regarding an Ordinance to Enact Chapter 1480 of the Pickerington Codified Ordinances Relative to the Preservation of Notable Structures within the City. Mr. Schultz stated we are going to hire a consultant to do a land use plan and they are going to provide GIS mapping. He stated he would like to delay completing this until he gets that mapping, and that should be some time this summer.
D. Storage Shed Research. Mr. Schultz stated he has found some communities that do limit the number of storage sheds permitted. He stated most Homeowner’s Associations do not allow storage sheds, and for the older subdivisions if we limit it to one shed that might be appropriate. Mr. Bosch stated since our Code already limits the square footage, we could probably add that only one is allowed right in that same section. Mr. Schultz stated once a building is more than 120 square feet the building department may require some kind of foundation. Mr. Mapes stated he and Mr. Schultz would review the Code and bring a draft revision to the Code to this Commission for review at the next meeting.
Mr. Schultz stated with regard to a graphics plan that was discussed at the last meeting, he had contacted Dublin and Westerville and their graphics plans are included in their sign packages. He stated if the graphic does not have a sign with it, it is not allowed and if it does have a sign it must meet the size requirements of a sign.
6. ADJOURNMENT. There being nothing further, Mr. Nicholas moved to adjourn; Mr. Smith seconded the motion. Mr. Bosch, Mr. Nicholas, Mr. Wisniewski, Mr. Smith, and Mr. Blake voted “Aye.” Motion carried, 5-0. The Planning and Zoning Commission adjourned at 8:40 P.M., February 10, 2004.
RESPECTFULLY SUBMITTED:
___________________________ ___________________________
Lynda D. Yartin Lance A. Schultz
Municipal Clerk Director, Planning and Zoning