VILLAGE OF GRANVILLE
May 21, 2008
CALL TO ORDER (by Mayor Hartfield at 7:31 pm)
PLEDGE OF ALLEGIANCE
Those responding to the roll call were Councilmembers Barsky, Mershon, O’Keefe, Vice Mayor Herman, Mayor Hartfield, Manager Holycross, and Assistant Law Director Maas.
Vice Mayor Herman made a motion to excuse Councilmembers McGowan and Tegtmeyer. Second by Councilmember Barsky. Motion carried (5-0)
The minutes reflect that Councilmember Tegtmeyer arrived at 8:25pm.
APPROVAL OF AGENDA
Vice Mayor Herman moved to approve the agenda as presented. Second by Councilmember Barsky. Motion carried (5-0).
CITIZENS COMMENTS (7:33 pm)
Jack Thornborough, 13 Donald Ross Drive, asked Council the ramifications of not excusing a Councilmember. Manager Holycross indicated that the Charter provides an attendance requirement. Councilmember Mershon indicated that there was a Code provision that provided for the removal of a Councilmember for missing more then two unexcused meetings. Mr. Thornborough wanted to address an issue regarding the approval of the exterior lighting plan for Denison University’s Burke Hall by the Planning Commission. He indicated that both he and Joy Jung reviewed the proposed plan at the Village Office prior to the meeting and also attended the meeting. He indicated that he felt he had to fight for standing to speak at the hearing. He was given standing and permitted to speak after establishing standing through a property he owns on South Mulberry Street. He further indicated that in Art Chonko’s presentation to the Commission on behalf of Denison University, six additional spotlights were added to the east, south and west face of Burke Hall. As the plans were changed from what was originally submitted, Mr. Thornborough felt the application should have been tabled, re-advertised and presented to the Planning Commission at another meeting. He also indicated that the bulbs Denison indicated it would use were 70-watt bulbs which provide 6,600 Lumens, compared to a 60-watt bulb that emits 500 to 800 Lumens. Mr. Thornborough added that no other building in the Village was lit in a similar manner. He indicated that he did not want to appeal the decision and asked Council if they had the authority to appeal or review the decision. If not, the decision should be voided, the application re-advertised and properly reviewed by the Planning Commission.
Richard Downs, 4174 Loudon Street Road, expressed concerns regarding community green issues. He stated concerns regarding current energy consumption, energy prices and global warning. He indicated support for Granville’s attempt to act green in regard to Open Space issues and the environment. He expressed support for the local resident who recently installed solar panels. He would like to see the local government help facilitate the development and transition to a green community. He suggested the possibility of waiving zoning fees for applications involving the installation of renewable energy alternatives. He sited the town of Davis, California that added zoning codes in 1975 to address environmental issues. Mr. Downs also indicated that the many local individuals in the community had expertise available to Council should they chose to make changes to the zoning code.
Dennis Cauchon, 327 East Broadway, indicated his support for the local resident who installed solar panels. He stated that in searching the Village Code, he was unable to find the word solar. Mr. Cauchon also recommended the adoption of a dark sky ordinance and changes to allow of green related modifications to homes.
Mayor Hartfield closed Citizens’ Comments at 7:44 PM
Resolution No. 08-26, A Resolution To Amend the Management Plan of the Coshocton-Fairfield-Licking-Perry Solid Waste Management District was introduced by Councilmember Barsky. Second by Councilmember O’Keefe.
Councilmember Barsky questioned the origin of the $4 per ton out-of-district and $1 per ton out-of state fees listed in Section I. Manager Holycross indicated that those fees were part of the current plan and provided as part of a sample resolution.
Vote on Resolution No. 08-26. Motion carried 5-0. Resolution No. 08-26 was adopted.
Resolution No. 08-27, A Resolution to Express Appreciation to Chip Blanchard for Service on the Granville Planning Commission was introduced by Vice Mayor Herman. Second by Councilmember O’Keefe.
Councilmember O’Keefe and Barsky complimented Mr. Blanchard on his good work while a member of the Planning Commission.
Vote on Resolution No. 08-27. Motion carried 5-0. Resolution No. 08-27 was adopted.
Resolution No. 08-28, A Resolution to Express Appreciation to Tim Riffle for Service on the Granville Planning Commission was introduced by Councilmember O’Keefe. Second by Councilmember Barsky.
Councilmember O’Keefe and Barsky complimented Mr. Riffle on the time and effort he expended while a member of the Planning Commission. Mayor Hartfield thanked Mr. Riffle for extending his service to the Planning Commission this year while the School Board selected his replacement.
Vote on Resolution No. 08-28. Motion carried 5-0. Resolution No. 08-28 was adopted.
Mayor Hartfield read into the record the following report from the Clerk of Council:
In accordance with Section 1137.01(d) of the Codified Ordinances, I hereby advise Council that service of the Findings of Fact related to the approval of application #08-40 for Bryan and Christine Law for the address 389 Glyn Tawel Drive by the Board of Zoning and Building Appeal was made on the appellant as well as on all of the persons identified in the record who were permitted to appear and be heard at the hearing as well as all of the adjacent property owners before the Board of Zoning and Building Appeal. Service was accomplished by ordinary mail.
In accordance with Section 1137.01(b) of the Codified Ordinances, I hereby advise Council that the Record of the Board of Zoning and Building Appeal with regard to the approval of application #08-40 for Bryan and Christine Law for the address 389 Glyn Tawel Drive was delivered to the Village Council members.
In accordance with Section 1137.01(e) of the Codified Ordinances, Council may schedule the hearing on the appeal to be held at either of the next two immediately subsequent regularly scheduled Council meetings for either Wednesday, June 4th or Wednesday, June 18th.
Council scheduled the hearing for this appeal for Wednesday, June 4th.
REVIEW OF MINUTES
Mayor Hartfield recused herself from the meeting during the review of the minutes regarding the April 9, 2008 special Council meeting.
Special Scheduled Meeting of April 9, 2008
Councilmember Barsky moved to remove from the table the April 9, 2008 minutes from the Special Council meeting. Second by Councilmember O’Keefe. Motion carried 4-0.
Councilmember Barsky made a motion to approve the minutes as amended. Second by Councilmember O’Keefe. Motion carried 3-1.
Mayor Hartfield returned to the Council meeting.
Regularly Scheduled Meeting of May 7, 2008
Councilmember O’Keefe made a motion to approve the minutes as amended. Second by Vice Mayor Herman. Motion carried 5-0.
MAYOR’S COURT REPORT – April
The Mayor’s Court Report for the month of April was presented for review.
Councilmember Barsky moved to accept the April’s Mayor’s Court report. Second by Councilmember O’Keefe. Motion carried 5-0.
Mayor Hartfield instructed the report be filed with the Clerk. A copy of the report will be included as part of these minutes.
MANAGER’S REPORT – April
The Manager’s Report for the month of April was presented for review.
Councilmember O’Keefe asked why the water and sewer fund amounts were negative. Manager Holycross indicated that both fund balances were negative due to encumbered sums for repairs yet to be funded. He also indicated staff would be presenting recommendations for possible water and sewer rate adjustments at a later date.
New pages were provided to Council regarding the tax and water reports.
Councilmember O’Keefe moved to accept the April report Second by Councilmember Barsky. Motion carried 5-0.
Mayor Hartfield instructed the report be filed with the Clerk. A copy of said report will be included as part of these minutes
Economic, Finance, Personnel Committee (EFP) – (Hartfield, Herman, Tegtmeyer)
Mayor Hartfield reported that the EFP Committee met May 19th. The minutes of the May 5th meeting were included in Council’s packet.
Granville Foundation – (Tegtmeyer)
Light, Safety, Sts/Sidewalks, Utility Committee (LSSU) – (Herman, McGowan, O’Keefe)
Councilmember O’Keefe reported that the LSSU Committee met May 20th. Vice Mayor Herman indicated that local high school students proposed a plan for recycling cardboard for local businesses. The Committee recommended researching the issue further, but encouraged the use of existing recycling locations. There were concerns regarding potential costs and possible locations of dumpsters. Councilmember O’Keefe reported that contractor privileges were also discussed. A policy currently existed where a contractor may contact the Service Department or Police Department to secure reserved parking. Additionally, the Committee reviewed the 5-year Capital Improvement Plan and discussed a time frame regarding when these funds could be appropriated. Councilmember O’Keefe indicated that the Committee also discussed the South Main Street pedestrian bridge. She reported that field work was in process. Assistant Manager Roberts provided a photograph of a possible design. Mayor Hartfield asked the current timeline for construction of the bridge. Manager Holycross indicated that Assistant Manager Roberts met with the engineers prior to this meeting, but no report was available. Manager Holycross indicated that he would have Assistant Manager Roberts report on the current status.
Planning Commission – (O’Keefe)
Councilmember O’Keefe reported that the Planning Commission approved the following applications:
- An elevator for Denison’s Curtis Hall
- Improved handicap ramps for College Town House
- Asphalt shingle roof replacement for a house on West Elm Street
Applications for North Pearl Street and Centenary United Methodist Church were tabled. The Planning Commission also approved an application for exterior lighting for Denison’s Burke Hall. The Commission expressed concern regarding light reflecting off the building. The Village does not currently have a light pollution or dark sky ordinance. Residents at the meeting requested that the Citizen Comment’s portion of the meeting be moved to the beginning of the meeting. Barbara Franks also withdrew her request for a change of use for her property at 121 South Prospect Street.
Planning & Zoning Committee – (Barsky, Hartfield, O’Keefe)
Councilmember O’Keefe reported that the minutes from the last meeting were included in Council’s packet. The Committee reviewed the temporary sign ordinance and recommended that the Village Planner would approve all temporary signs including color. The Committee also recommended that the Open Space Zoning District should be applied to the newly annexed 514-acre tract. There were two differences in this district compared to the existing Township agricultural district. The Township listed golf courses as a conditional use while the Open Space District listed golf courses as a permitted use. Additionally, schools were identified as a conditional use by the Township and not permitted in the Open Space District. The Committee also discussed the proposed property maintenance ordinance. The Committee expressed concerns regarding creating a financial hardship for residents and potential neighbor disputes with the implementation of such an ordinance. Staff will be providing a revised version of the ordinance.
Recreation Commission – (McGowan)
Tree & Landscape Commission (Barsky)
Councilmember Barsky reported that the Commission discussed working toward next year’s Tree City application. The Commission also discussed the removal of some Village trees and the planting of flowers in the median.
Union Cemetery (Mershon)
Councilmember Mershon reported that everyone was welcome to help plant flowers on Saturday, May 24th at 9:30am.
OTHER COUNCIL MATTERS
Mayor Hartfield indicated that this week was Ash Borer Awareness Week. She signed a proclamation to encourage residents to continue to be aware of the issues involved with this serious tree disease.
Mayor Hartfield requested clarification as to the issue raised by Mr. Thornborough. She asked the Assistant Law Director to confirm that Council did not have the authority to seek an appeal. Assistant Law Director Maas indicated that Council can not seek an appeal.
Mayor Hartfield indicated that the determination of standing, according to Village Code, was based on a Supreme Court decision. Mr. Thornborough indicated that his understanding of the Code allowed him to make a claim, but did not permit the Law Director to adjudicate that claim. He supported the ability of all Village residents the right to speak on any application. Planner Terry indicated that Assistant Law Director Crites, at the Planning Commission hearing, determined that the Planning Commission and/or Law Director was permitted to make a decision as to whether a claim presented a direct or present injury. She further indicated that unless the claim constituted a direct or present injury, the individual would not be permitted to testify. Mr. Thornborough indicated that the Code stated that only a claim be made; the claim was not to be adjudicated. Councilmember Mershon suggested, that as a later section in the Code allowed someone to file an appeal that was not permitted to speak at a hearing, would seem to indicate that adjudication at the initial claim was a provision. Councilmember Mershon also indicated that there were no guidelines for the Planning Commission that outlined when changes to an application would warrant the tabling of an application by the Commission. Planner Terry also indicated that the Village does not have lighting standard guidelines, light pollution or dark sky ordinance. Assistant Law Director Maas indicated that she would seek clarification regarding the issue of standing and adjudication.
Review of the Gateway District Zoning Text
Mayor Hartfield recused herself from the remaining portion of the meeting.
Vice Mayor Herman asked what the anticipated outcome of tonight’s review was. Manager Holycross indicated that Council should complete the review of the updated ordinance as well as review the Planning Commission’s recommendation regarding fast, casual restaurants. Planner Terry indicated that a drawing of the Kessler/Barton property was provided to Council to show the difference between using gross versus net acreage when determining density.
Councilmember Tegtmeyer questioned if this zoning code would be applied to all gateway districts. Councilmember Mershon stated that he understood that this zoning district would not automatically be applied to all gateway districts. This zoning code would be applied selectively as the need dictated. Planner Terry indicated that Council had the final decision as to which zoning districts were assigned to any newly annexed areas.
Councilmember Barsky questioned if the issues of traffic consideration and the restriction of gun sales had been resolved. Manager Holycross indicated that no opinion, regarding the gun sales issue, had been received from Law Director Crites. Planner Terry indicated that Law Director Crites indicated that the language regarding traffic considerations needed to be included in the ordinance. Traffic considerations may be considered as a criterion of the review process, but could not be considered as the only factor.
Manager Holycross also advised Councilmember Barsky that the information she requested regarding the footprint of CVS Pharmacy was 8,000 square feet. Councilmember Barsky indicated that previously one of the Planning Commission members mentioned that the 10,000 square feet recommended could include a business like Staples. She stated that businesses like Staples were not supported by community surveys and previous Comprehensive Plans. Councilmember Barsky stated that the community had been clear in its desire to “maintain residential and commercial development by encouraging the set aside of contiguous open space, pedestrian and bicycle use, mandating consideration of the existing rural character of the Township and small town character of the Village.” She also indicated that Council should wait and take the information provided in the final draft of the current Comprehensive Plan into consideration before deciding on many of these issues. Councilmember Barsky indicated that she had reservations regarding the changes made to the ordinance at the previous hearing, especially issues involving open space, density and lot coverage. Vice Mayor Herman agreed that higher density levels and less open space was not consistent with what the community had indicated. He stated that he did not expect Council to develop a consensus from this meeting.
Vice Mayor Herman asked the intent of the fast, casual restaurant recommendation. Planner Terry indicated that the Planning Commission recommended allowing for a different type of upscale restaurant where the drive-through portion of the business was 35% or less, unlike a typical fast food restaurant where 80% of the business came from drive-through business. Councilmember Mershon suggested that this issue be treated as a proposed amendment that can be addressed separately. Council agreed. Councilmember Barsky indicated that the community had little interest in fast food or drive-through restaurants based on previous survey information.
Planner Terry asked Council if they could address the key issues that may still need to be resolved. Councilmember Barsky wanted to wait for the Comprehensive Plan to discuss style issues. Vice Mayor Herman expressed concern regarding wording such as “including, but not limited to” as having little meaning. Councilmember Mershon indicated that Councilmember Barsky added that wording at the last meeting so as not to be as restrictive regarding architectural styles. Councilmember Barsky indicated that she now had reservations and would prefer to wait until the Comprehensive Plan was complete.
Councilmember O’Keefe questioned the language disallowing one-story roofs. Councilmember Barsky indicated that the language should permit one-story structures with a façade that appears to have more stories. She also indicated that permitting three-story structures should be reviewed after the completion of the Comprehensive Plan. Rural areas typically do not have three-story structures.
Councilmember O’Keefe asked if the requirement to develop a site analysis plan was consistent with the Comprehensive Plan. Manager Holycross indicated that staff would review the issue.
Vice Mayor Herman questioned the inclusion of 1173.05(d). Councilmember O’Keefe asked if this language was typical. Manager Holycross indicated that the language was not typical, but could be found in other zoning codes. Councilmember Barsky asked if there was a compromise to this language. Vice Mayor Herman indicated that the variance process was established to address these types of issues. Councilmember Mershon wondered where this language originated. Manager Holycross indicated that the language had been part of the draft. He indicated that the intent was to recognize that a strict application of the rules may not result in the best possible development. Vice Mayor Herman stated that this language would make this zoning district exempt from the variance process. Councilmember Tegtmeyer asked if the variance process was an effective process. Vice Mayor Herman indicated that the variance process was a broader issue. Staff was asked to check the usefulness and effectiveness of the variance process. Council recommended striking 1173.05(d).
Councilmember O’Keefe asked if Planner Terry could provide a visual to show the differences between 50% and 70% lot coverage and density issues. Planner Terry indicated that the earlier renderings she provided showed vernacular versus more urban styles. She indicated that new drawings could be provided showing different setbacks, building heights and density levels.
Councilmember Mershon indicated that 70% lot coverage was a compromise offered at the previous meeting to use the net buildable acreage instead of gross acreage. Councilmember Barsky indicated that her concerns were for properties where there were no unbuildable areas excluding setbacks and right-of-ways. Vice Mayor Herman questioned if the impact of 70% lot coverage on other areas in the district had been reviewed. Planner Terry asked Council if the setbacks should be included. Councilmember Barsky indicated that 30% open space was too small of an area. Vice Mayor Herman indicated that this issue was negotiable; however, it would still need to be consistent with what the community wants. Councilmember Mershon expressed that there was value to the Village to annex these properties into the Village. Councilmember Barsky stated that the River Road property owners may have expressed interests that differed from information gathered through community surveys and previous Comprehensive Plans. Councilmember Mershon indicated that this process had been ongoing for four and one half years through a number of meetings and hearings. He added that waiting for additional information from Poggemeyer would further delay the process and that seemed unacceptable. Councilmember Barsky and Vice Mayor Herman suggested that the process move forward by developing a final draft ordinance to Council. One of the local residents questioned the ordinance’s current number of units per acre. He indicated that the number of units per acre had been an ongoing issue. Councilmember Mershon questioned that a change in the language regarding units per acre was to have been six units per acre with a minimum of 1,800 square feet units. Councilmember Tegtmeyer summarized the discussion requesting that staff prepare a formalized ordinance and provide drawings depicting some of the questioned areas in the ordinance.
ADJOURNMENT (9:49 PM)
Councilmember Barsky moved to adjourn. Second by Councilmember O’Keefe. Motion carried 6-0. Meeting adjourned.