Planning Commission

Office of the Clerk of Council City of Gahanna 200 South Hamilton Road Gahanna, Ohio 43230 Meeting Minutes Planning Commission Tom Wester, Chair, Kristin Rosan, Vice Chair, David Andrews, Bobbie Burba, Joe Keehner, Jennifer Price, Don Shepherd Donna L. Jernigan, MMC Sr. Deputy Clerk of Council Wednesday, March 26, 2014 7:00 PM City Hall A. CALL MEETING TO ORDER/PLEDGE OF ALLEGIANCE/ROLL CALL. Gahanna Planning Commission met in Regular Session in the Council Chambers of City Hall, 200 South Hamilton Road, Gahanna, Ohio on Wednesday, March 26, 2014. Chair Tom Wester called the meeting to order at 7:03 p.m. with the Pledge of Allegiance led by Commission Member Andrews. Agenda for this meeting was published on March 20, 2014. Present 7 - David K. Andrews, Joe Keehner, Jennifer Tisone Price, Bobbie Burba, Donald R. Shepherd, Thomas J. Wester, and Kristin E. Rosan B. ADDITIONS OR CORRECTIONS TO THE AGENDA. C. APPROVAL OF MINUTES - Regular Meeting March 12, 2014 & Special Meeting March 19, 2014: Motion by Rosan, seconded by Andrews, to approve the minutes of the March 12, 2014 Regular Meeting and the minutes as corrected of the March 19, 2014 Special Meeting. The motion carried by the following vote: Yes: 7- Andrews, Keehner, Price, Burba, Shepherd, Wester and Rosan D. HEARING OF VISITORS - ITEMS NOT ON AGENDA. E. APPLICATIONS/PUBLIC HEARINGS: Chair read the public hearing rules that would govern tonight's hearings. Assistant City Attorney Tom Weber gave an oath to those wishing to address the Commission. CU-0002-2014 To consider an application for conditional use to allow a drive -thru lane to accommodate proposed building A tenant and building C tenant; for property located at 390 Rocky Fork Drive South and 295-361 South Hamilton Road; The Shops at Rocky Fork; Jason Zadeh, Ranger Development, LLC; Tom Warner, applicant. Jones said the applicant has submitted final versions of all four City of Gahanna Page 1 Planning Commission Meeting Minutes March 26, 2014 applications to the Commission; know there were multiple modifications throughout the process; what you have this evening is what you will be voting on; the conditional uses are to allow drive thru lanes on buildings A and C; the variance for building A is to allow setback greater than 15 ' from the right of way; this is a request to accommodate the building's location and the drive thru that is designed to be at that site; FDP allows for three buildings and approximately 27,000 sq. ft.; the DR outlines the exterior finish, the landscaping and the lighting; site plan includes the two drive thrus and the building renderings; identifies the color scheme and pallet; have materials board; make up and color design of the facade; City has approved the zoning change as well as establishing a TIF agreement with the applicant in order to be able to reimburse them for infrastructure they will put in the public right of way; sidewalk improvements and buffering the site and sidewalk extensions on Rocky Fork South; as part of that TIF requirement the applicant is required to adhere to standards; they include the access points which are represented in the application; the pedestrian amenities represented in the application; the building heights as represented in the application as well as building sizes and architectural standards; additional requirement for stormwater management that is not in the application but will be enforced and administered by the stormwater management plan, overseen by Karl Wetherholt City Engineer and Jeff Feltz Water Resource Engineer; they are required to do that; we recommend approval of the applications as they are submitted. Chair opened the public hearing at 7:08 p.m. and asked for proponents. Jason Zadeh, Ranger Development, said I will limit comments; we have spent a lot of time working through the process and we are here tonight to answer any remaining questions. Chair asked for opponents; there were none. Chair asked for questions from the Commission; there were none. Chair closed the public hearing at 7:11 p.m. Commission members thanked the applicants for their responsiveness and willingness to work with the Commission. Commission members asked when the project might start, and Gallas said we should be moving dirt by June. Zadeh said we have worked with the Mifflin Township Fire Department and the Gahanna Police Department and once the buildings are vacant they will be used for training; after that the buildings will be demolished. City of Gahanna Page 2 Planning Commission Meeting Minutes March 26, 2014 A motion was made by Rosan, seconded by Shepherd, to approve CU-0002-2014 to allow a drive-thru lane to accommodate proposed building A tenant and building C tenant; for property located at 390 Rocky Fork Drive South and 295 - 361 South Hamilton Road; for The Shops at Rocky Fork. The motion carried by the following vote: Yes: 7- Andrews, Keehner, Price, Burba, Shepherd, Wester and Rosan V-0006-2014 To consider a variance application to vary Section 1153.07(f)(1) of the codified ordinances; for property located at 390 Rocky Fork Drive South and 295-361 South Hamilton Road; to allow a building setback of greater than 15' from the public right of way due to the conditional use necessary for the drive thru on building A; Advanced Civil Design ; Tom Warner, applicant. See discussion above. Motion by Rosan, seconded by Shepherd, to approve V-0006-2014 to vary Section 1153.07(f)(1) of the codified ordinances for property located at 390 Rocky Fork Drive South and 295 - 361 South Hamilton Road; to allow a building setback of greater than 15' from the public right of way due to the conditional use necessary for the drive thru on building A; The Shops at Rocky Fork. The motion carried by the following vote: Yes: 7- Andrews, Keehner, Price, Burba, Shepherd, Wester and Rosan FDP-0004-2014 To consider a Final Development Plan for The Shops at Rocky Fork; for property located at 390 Rocky Fork Drive South and 295 - 361 South Hamilton Road; Ranger Development Group LLC, Jason Zadeh; Tom Warner, applicant. See discussion above. Motion by Rosan, seconded by Shepherd, to approve FDP-0004-2014 for the Shops at Rocky Fork; for property located at 390 Rocky Fork Drive South and 295 - 361 South Hamilton Road. The motion carried by the following vote: Yes: 7- Andrews, Keehner, Price, Burba, Shepherd, Wester and Rosan DR-0006-2014 To consider a Certificate of Appropriateness for The Shops at Rocky Fork; for site plan, building design and landscaping; for property located at 390 Rocky Fork Drive South and 295-361 South Hamilton Road; Advanced Civil Design, Tom Warner, applicant. See discussion above. Motion by Rosan, seconded by Shepherd to approve DR-0006-2014 for a Certificate of Appropriateness for the Shops at Rocky Fork; for site plan, building design, landscaping and signage; property located at 390 Rocky Fork Drive South and 295 - 361 South Hamilton Road. The motion carried by the following vote: Yes: 7- Andrews, Keehner, Price, Burba, Shepherd, Wester and Rosan V-0007-2014 To consider a variance application to vary section 1171.03(h) of the City of Gahanna Page 3 Planning Commission Meeting Minutes March 26, 2014 codified ordinances of the City of Gahanna; to allow a privacy fence to be erected in the side yard; for property located at 220 Cam Court ; Lori Deas, applicant. Jones said the site location is Cam Court, next to Cherry Bottom Road; request is to allow a fence to be located in the side yard instead of rear yard; fence permit was issued in 2006 and showed the outline of the fence being located at the rear of the house; upon its construction it was built in the side yard; upon inspection we asked the resident to come in and apply for a clarifying variance to accommodate the location of the fence; there is no adverse affect on the neighbors; request is consistent with the criteria to grant a variance; we recommend approval by the Commission. Chair opened the public hearing at 7:19 p.m. and asked for proponents. Lori Deas, 220 Cam Court, said there was a split rail fence there when I bought the property; I applied for a fence permit for a privacy fence and the contractor put it up; did not realize that it was not in compliance until I heard from the inspector that it was not; it has taken me a while to track down the fence contractor and hold him accountable; that is where we are now. Chair asked for opponents; there were none. Chair asked for questions from the Commission. Rosan questioned why the City is pursuing this seven years later when there are a number of fences that are not in compliance around the City; what brought this to the City's attention. Jones said our Code Enforcement Officers do two things; one is to respond to complaints as well as noticing things as they arise; some things attract their attention and if they seem out of the ordinary we would do a follow up inspection of the files internally, and I believe that is what happened in this instance; do not believe there were any complaints; it was just an observation and we wanted to correct it; in regard to other areas we try to do as built inspections, do not know why it was not caught in 2006; we do try to be as aggressive as we can as far as identifying deviations from what was approved and was built; it is just a spot inspection; what we refer to it as when our Code Enforcement Officer identifies areas that he has concerns with where actions need to be taken; it is in no way an attempt to target or respond to anything negative, it was merely a correction. Rosan said this is highly unusual; I've always understood from the department that there were a series of fences around town that either were not caught at the time of build or grandfathered in; I do not agree City of Gahanna Page 4 Planning Commission Meeting Minutes March 26, 2014 with the code; never have; it is what it is; this rears its ugly head from time to time, but this is the first time in my nine years that I have seen one come back seven years later; it would be one thing if she was putting a brand new fence in, but this seems unfair to me; this was not her error. There was discussion about the contractor building the fence in the wrong place. Commission members agreed that this was not fair to the applicant. Rosan said my recommendation would be that we approve the variance and that we recommend to Council that the $150 fee that the applicant had to pay be waived; Commission members agreed. Deas thanked the Commission for their help and understanding. Chair closed the public hearing at 7:27 p.m. Motion by Burba, seconded by Rosan, to approve V-0007-2014. The motion carried by the following vote: Yes: 7- Andrews, Keehner, Price, Burba, Shepherd, Wester and Rosan Motion by Burba, seconded by Rosan, to recommend to Council that the fee for variance application V-0007-2014 filed by Lori Deas, 220 Cam Court, be waived and that the $150.00 fee be refunded to the applicant. The motion carried by the following vote: Yes: 7- Andrews, Keehner, Price, Burba, Shepherd, Wester and Rosan V-0008-2014 To consider a variance application to vary section 1143.08(c) of the codified ordinances of the City of Gahanna; to allow a garage structure to encroach into the side setback; for property located at 615 Cherry Road; Julie Weppler, applicant. Jones said this is to replace the existing garage on the same slab with an extension of 2' on each side which would encroach into the 7.5' side yard setback; garage is structurally unsound and should be removed; is a very large tree in back of the house that would prevent the garage from being moved in the opposite direction; want to make sure that tree is not inhibited by the advancement of replacement of the garage; tree is located to the east; criteria that the Commission can use in evaluating variances are special conditions applying to the land, the building or the use and to allow for the necessary preservation and enjoyment of property; this variance would not adversely affect the health, safety and welfare of the neighboring property owners; there is one property owner on the west side, the Presbyterian Church; it is not a piece of developable land, in my opinion; is just a sliver and there are no objections from the neighbor; City of Gahanna Page 5 Planning Commission Meeting Minutes March 26, 2014 we support this request and believe it does meet the criteria. Chair opened the public hearing at 7:32 p.m. and asked for proponents. Jarren Weppler, 615 Cherry Road, said I am the son of the applicant; we would have liked to build the garage in the exact same place but found that buying a package garage is less expensive but will be 2' wider on each side; do have the large tree and the roots of that tree are coming out farther and farther; can see the picture of the tree; is very old and we want to preserve it; contractor does know to be careful of the roots during construction; is an oak tree. Chair closed the public hearing at 7:34 p.m. Motion by Andrews, seconded by Shepherd, to approve V-0008-2014. The motion carried by the following vote: Yes: 7- Andrews, Keehner, Price, Burba, Shepherd, Wester and Rosan F. UNFINISHED BUSINESS: G. NEW BUSINESS: H. OFFICIAL REPORTS: City Attorney. City Engineer. Department of Development. Jones introduced Michael Blackford our new Deputy Director of Development; said we are very happy to have him; he is an expert in planning; comes from one of the fastest growing areas in Florida and he will be heading up the efforts with Planning Commission along with Gard. Price asked Jones to share what he shared at the pre meeting about burying utility lines. Jones said Council Member Kneeland and I had a conversation about this and they put it on the Council committee agenda to discuss; there was minimal discussion, but they all felt it was an important component that needed to be considered; to that end Council did put it on the capital projects list that will be prioritized for funding; they also requested that staff do research to help City of Gahanna Page 6 Planning Commission Meeting Minutes March 26, 2014 determine the cost of the build out of the project; Wetherholt did do an analysis based on existing utilities in the area and what would be required to bury the lines (Rocky Fork South to Rocky Fork North) and estimated the cost would be between $900,000 and $1 million; we will forward this information to Council. Chair. I. CORRESPONDENCE AND ACTIONS. J. POLL MEMBERS FOR COMMENT. K. ADJOURNMENT - 7:38 p.m.; Motion by Shepherd.. Donna L. Jernigan, MMC Senior Deputy Clerk of Council APPROVED by the Planning Commission, this day of 2014. Thomas J. Wester City of Gahanna Page 7