Granville Community Calendar

Ordinance 24-05

WHEREAS, on June 14, 2002, an application for a Planned Commercial District Development Plan (Development Plan) was filed by Speedway SuperAmerica to construct a Speedway gasoline station together with a convenience store at the southwest corner of State Route 16 and Cherry Valley Road in the Village of Granville, Ohio; and

 

            WHEREAS, said application was submitted to the Granville Planning Commission for review in accordance with Section 1171.04 of the Granville Codified Ordinances; and

 

            WHEREAS, the Granville Planning Commission conducted a public hearing on this application on June 24, 2002, and took additional public comment on June 8, 2002; and

 

            WHEREAS, on July 22, 2002, the Granville Planning Commission, by a vote of 2-2, with one member absent, made no recommendation regarding the application but forwarded proposed Findings of Fact and attached exhibits to this Council; and

 

            WHEREAS, this Council considered this application and conducted a public hearing on this application on September 18, 2002, after Speedway SuperAmerica waived procedural deficiencies, if any, associated with the 2-2 vote and no recommendation position on the application taken by the Granville Planning Commission; and

 

WHEREAS, on October 16, 2002, Council considered Ordinance 14-02, which would have approved the Development Plan, and defeated said Ordinance; and

 

WHEREAS, Speedway filed an appeal to the Licking County Court of Common Pleas, Case No. 02CV1238; and

 

WHEREAS, on November 6, 2002, Council passed a resolution adopting the Council Findings of Fact concerning the development plan of Speedway; and

 

WHEREAS, Speedway filed a second appeal to the Licking County Court of Common Pleas, Case No. 02CV1239; and

 

WHEREAS, on December 6, 2002, Council filed a motion to dismiss for lack of subject matter jurisdiction; and

 

WHEREAS, the trial court granted Council’s motion in a Judgment Entry dated May 1, 2003, wherein the trial court found that Council’s denial of Speedway’s application was a legislative act not subject to appeal under R.C. 2506; and

 

WHEREAS, Speedway filed an appeal of that decision in the Licking County Court of Appeals, Fifth Appellate District; and

 

WHEREAS, the Licking County Court of Appeals, Fifth Appellate District, reversed the trial court’s dismissal, finding the denial of a development plan to be an administrative act and subject to R.C. Chapter 2506; and

 

WHEREAS, via Memorandum of Decision filed May 21, 2004, the trial court reversed the decision of this Council, finding its denial of Speedway’s application was not supported by the preponderance of substantial, reliable and probable evidence on the whole record; and

 

WHEREAS, the trial court reversed the decision of Council and approved Speedway’s Development Plan in a Judgment Entry filed June 2, 2004; and

Ord. No. 24-05

Page 2

 

WHEREAS, Council appealed the trial court’s decision to the Licking County Court of Appeals, Fifth Appellate District, Case No. 04CA51, and in a Judgment Entry dated January 10, 2005, the court found that the trial court did not abuse its discretion in finding that Council’s decision was not supported by the preponderance of reliable, probative and substantial evidence on the whole record, and therefore affirmed the judgment of the Licking County Court of Common Pleas; and

 

WHEREAS, on February 17, 2005, Council appealed the decision of the Licking County Court of Appeals, Fifth Appellate District, Case No. 04CA51, to the Supreme Court of Ohio, Case No. 05-0355; and

 

WHEREAS, on May 25, 2005, Justice Thomas J. Moyer filed an entry declining jurisdiction to hear Council’s case and dismissed the appeal as not involving any substantial constitutional question; and

 

WHEREAS, Council must hereby act in accordance with the judgment of the Licking County Court of Appeals, Fifth Appellate District. 

 

            NOW, THEREFORE, BE IT ORDAINED by the Council of Granville, Ohio, that:

 

            Section 1.  The  accompanying plan depicting the location of the Speedway SuperAmerica gasoline station and convenience store at the southwest corner of State Route 16 and Cherry Valley Road, Granville, Ohio, hereto attached and marked Exhibit “A”, be and is hereby made a part of this Ordinance.

 

Section 2.    The Speedway SuperAmerica Development Plan as submitted to the Granville Planning Commission be and is hereby approved subject to the following conditions:

 

A.                                         All conditions set forth in the Granville Planning Commission’s Memorandum to Granville Village Council Re: Application 02-081, Speedway SuperAmerica, attached to the Granville Planning Commission’s Findings of Fact: Zoning & Architectural Application.

 

B.                                         The Applicant agrees to make the modifications to accommodate traffic and mitigate traffic impact as proposed by Doyle Clear at the public hearing on September 18, 2002.

 

Section 3.         This Ordinance shall take effect and be in full force from and after the earliest period allowed by law.

 

 

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