BOARD OF ZONING AND BUILDING APPEALS
February 9, 2006
Members Present: Fred Ashbaugh, Jean Hoyt, Bill Heim (Chair), Amber Mitchell, Jim Jung
New Member: The chair welcomed Jean Hoyt to the Board.
Members Absent: none
Also Present: Chris Strayer, Village Planner
Visitors Present: Gary Smith, Russ & Kathy Griffith, Joe & Diane Charles, Gale Cady Williams (This Week), Sandra Benson, Darryl Payne, Matt Denny (WNKO News), Virginia Hamm, Roberta Snedeker, Earl Harris, Dorothy S. Clark, Jim Murr, Brian Miller (Sentinel), Bill Parker, Jeanne Clemons, Gary Smith, Tom Brigdon
Citizens' Comments: None
Swearing in: The Chair explained the process for the upcoming hearing and swore in all those who wished to speak during the evening.
Election of Officers: Mr. June nominated Bill Heim as Chair and Amber Mitchell as Vice Chair. Mr. Ashbaugh seconded, and motion was unanimously approved.
NorthStar Realty, Galway Drive
Mr. Strayer explained that the applicant is seeking three conditional uses, a density variance, a lot coverage variance, and a front yard setback variance for the Cherry Valley/Newark Road corner. If a parcel is on a corner, it will be considered to have two front yards and one side yard.
Gary Smith, land planner for NorthStar, asked that two of the six be tabled until next month (006 and 007) when they will be more certain of the density.
AT THE REQUEST OF THE APPLICANT, MS. MITCHELL MOVED TO TABLE 06-006 AND 06-007. MR. JUNG SECONDED AND MOTION WAS UNANIMOUSLY APPROVED.
Gary Smith said the reasons they are seeking these variances are (1) to help create a mixed use plan and (2) present a buffer between retail shops and offices and do something creative and positive for the community. They have tried to create a true mixed use development with shops, homes, and offices. Starting from Cherry Valley, the site will feature retail close to the road, then offices, and at the rear, two-family, two-story homes with parking in the rear. This will make a nice transition to the Village Green homes on Galway.
For the bank's conditional use, they have tried to plan this in keeping with the village feel with a strong front appeal.
Regarding the setback, the fact that Galway already has a sidewalk right on the edge of the R.O.W., pulling the building back 30' would give you a sidewalk, a lawn, and another sidewalk.
The reason tonight's plan is different from an earlier plan is that the engineer had not seen it yet and some adjustments had to be made. They had to change the access at Wendy's to allow for the boulevard the village is planning on Cherry Valley. Because of the topography they had to move the retention pond feature in the park. They also added islands. They had an informal work session with GPC and are addressing their concerns.
Mr. Heim asked about the pond and the sewers and utilities, and Mr. Strayer said the EPA has requirements for filtration of the stream water before it goes into the pipe, so the water standard has to be met.
B. Conditional Use for the Bank
Gary Smith said there will be three lanes with the ATM, with access from Cherry Valley or Galway and parking at side of bank.
Ms. Hoyt thought it looked as though cars are exiting to the place where people have to walk across three lanes of traffic to enter the bank. Mr. Smith said they have given thought to the different options and are trying to diversify the traffic.
MS. MITCHELL MOVED TO APPROVE A CONDITIONAL USE FOR THE BANK (06-004). MR. JUNG SECONDED, AND MOTION WAS UNANIMOUSLY APPROVED.
C. Conditional Use for Bank Drive-Through
Sandra Benson noted that if the drive-through will be open 24 hours a day near their homes, there will be people driving in and out all the time.
Ms. Hoyt does not have the dimensions, but with the entrance and exit going through the bank, it does not look like it would impede driving.
Mr. Ashbaugh noted that all this commercial will be here before any condos will be built, and he does not think it will be an issue. It will soon be near a limited access intersection. The whole idea is to try to get activity like this close to the highway.
Mr. Strayer thought it looked like the bank is 500' from the nearest existing condo. BZBA can make it conditional upon the GPC taking that into consideration and the drive-through and the directional traffic pattern as well.
MR. JUNG MOVED TO APPROVE WITH THE CONDITIONS THAT: (1)THE BANK SHALL BE AT LEAST 500' FROM EXISTING CONDOS AND (2) GPC CAREFULLY CONSIDER THE DRIVE-THROUGH DIRECTIONAL PATTERN. MR. ASHBAUGH SECONDED AND MOTION WAS UNANIMOUSLY APPROVED.
F. Front Yard Setback Variance
This refers to the two retail buildings. The lot is on the corner and has two front yards. Mr. Smith said that because there is an existing sidewalk, they do not want to duplicate sidewalks on Galway. The variance goes with the lot, noted Mr. Strayer. The south side would be 10' from the front line for the entire parcel.
Earl Hawken stated that other developers of this type in this area, have abided by setbacks, percentages, and densities, etc., and he does not know why we are granting variances to outsiders. Mr. Strayer explained that in the meeting with GPC and staff, all would like to see the buildings pulled as far away as possible with buildings on the road to allow a sense of community, so this request is as a result of the GPC recommendations. This applies to retail sections. We should say this is for these buildings only and not for residential uses and put in the conditional use section that approval is contingent upon setbacks being maintained at the 30' minimum.
MR. ASHBAUGH MOVED TO APPROVE THE SETBACK VARIANCE 06-008 AS SUBMITTED. MS. MITCHELL SECONDED AND MOTION WAS UNANIMOUSLY APPROVED.
A. Conditional use variance for the residential area
Gary Smith said they wanted to create traditional two-owner duplex condos with porches and with parking in the rear and fronts facing Galway. The parks, with open space, sidewalks, trees, and a pond, would be for the residents. And there would be no playground equipment.
Ms. Hoyt asked where guest parking would be located and was told they have not reached that point with the developer but garages would have driveways for guest parking. They could probably carve out some parking in the alley also.
Mr. Ashbaugh thought these condos were much smaller than those at the Village Green, and Mr. Smith reminded him they are two stories.
A woman asked whether people can rent, and Mr. Strayer told her this would be addressed by the home owners' association. We are addressing the nature of the use. The application is for two-family homes, and if they want something else, they have to return to us. Mr. Heim said the conditions are to (1) approve two-family unit buildings only and (2) a minimum setback of 30'.
Gary Smith repeated they are 15' off the R.O.W. They are trying to achieve traditional urban feel. They are not large buildings that would dominate the street. Parking is behind the units in the alleys. They can revisit the 30' setback, but he does not feel he can determine this at this time.
Ms. Mitchell would rather see more room for guest parking with units closer to the road and more parking space in the rear.
Ms. Hoyt noted that the people here tonight are concerned about the residential portion, so we will deal with that in March.
MR. JUNG MOVED TO TABLE 06-003 UNTIL THE NEXT MEETING. MS. HOYT SECONDED AND MOTION WAS APPROVED BY MAJORITY WITH ONE NAE VOTE (MS. MITCHELL).
Minutes of December 8: . MS.MITCHELL MOVED TO APPROVE MINUTES OF DECEMBER 8 AS PRESENTED. MR. JUNG SECONDED, AND MOTION WAS UNANIMOUSLY APPROVED.
Finding of Fact: Postponed until all six issues are determined.
Next Meetings: March 9 and April 13
Adjournment: 8:15 p.m.
Betty Allen Hullinger