GRANVILLE PLANNING COMMISSION
February 11, 2008
Members Present: Tom Mitchell, Tim Ryan, Tim Riffle, Gina Reeves, Jack Burriss, and Jackie O’Keefe (non-voting).
Members Absent: None.
Staff Present: Village Planner, Alison Terry; Village Manager, Don Holycross; Assistant Law Director Allison Crites.
Visitors Present: Sabato Sagaria, Sandra Knott, Roger Kessler, John Klauder, Ben Barton, Barb Franks, and Dan Rogers.
Oath of Office for Gina Reeves
Gina Reeves was appointed to the Planning Commission. Ms. Crites read the Oath of Office and swore in Ms. Reeves.
Election of Commission Chair:
Ms. Terry asked if there were any nominations for the Chair of the Planning Commission. Mr. Mitchell nominated Mr. Ryan to serve as Chair. The nomination of Mr. Ryan was seconded by Mr. Burriss. There were no other nominations. Tim Ryan was appointed as Chair to the Planning Commission. Motion carried 5-0.
Election of Commission Vice-Chair:
Ms. Terry asked if there were any nominations for the Vice-Chair of the Planning Commission. Mr. Ryan nominated Mr. Mitchell to serve as Vice-Chair. The nomination of Mr. Mitchell was seconded by Mr. Burriss. There were no other nominations. Tom Mitchell was appointed as Vice-Chair to the Planning Commission. Motion carried 5-0.
Review & Approval of the Planning Commission Hearings & Submittal Dates for 2008:
Ms. Terry distributed the proposed dates for 2008. There were no objections by members of the Planning Commission regarding the schedule. Mr. Burriss made a motion to approve the Hearing and Submittal dates for 2008. Seconded by Mr. Mitchell.
Roll Call Vote to approve the 2008 schedule: Riffle (yes), Reeves (yes), Mitchell (yes), Burriss (yes), Ryan (yes). Motion carried 5-0.
Review & Approval of the Rules & Regulations of the Planning Commission:
Ms. Terry distributed copies of the Rules & Regulations. Mr. Mitchell questioned two sections in the document (Section E 3 on page four (4) and Section XV I on page seven (7)). He stated that the two sections seem to refute what the other says.
Section E 3 states the following:
“E 3) a person authorized to appear and be heard may cross-examine witnesses purporting to refute his or her position, arguments and contentions.”
Section XV I states:
“All questions should be directed to the Commission.”
Mr. Mitchell questioned if the language in these two sections permit people sitting in the audience to ask questions of an applicant. Assistant Law Director Allison Crites states that the Planning Commission hearings are quasi-judicial proceedings and each side is given the ability to ask questions and an applicant can be cross-examined by any interested party. It was stated that an interested party can be a neighbor or anyone who feels he/she could be impacted by the approval/denial of the application. Mr. Mitchell stated that there have been instances when interested parties argue back and forth during the hearing. Mr. Riffle suggested that this might be handled by the Planning Commission Chair’s ability to limit the time of comments. Ms. Terry stated that she would need to look into this because typically all questions should be addressed to the Planning Commission.
Mr. Mitchell made a motion to approve the Rules & Regulations as presented. Seconded by Mr. Burriss.
Roll Call Vote to approve the 2008 schedule: Mitchell (yes), Riffle (yes), Burriss (yes), Reeves. (yes), Ryan (yes). Motion carried 5-0.
Minutes of January 28, 2008 – Mr. Mitchell moved to approve the minutes as amended. Seconded by Mr. Riffle.
Roll Call Vote to Approve January 28, 2008 Minutes as Amended: Burriss (yes), Reeves (abstain), Mitchell (yes), Riffle (yes), Ryan (yes). Motion carried 4-0.
The minutes of January 28, 2008 are approved as amended.
Barbara Franks, 210 East Maple Street, questioned if there would be a public hearing regarding the proposed zoning changes. Manager Holycross stated that this will happen at a future meeting.
Review of proposed Village Gateway District Text
Ms. Terry explained that she enclosed Ordinance 16-07 in the Commission’s packets, as well as a Draft Summary with their listed recommendations. Ms. Terry stated that the green highlighted text in the Ordinance is proposed to be stricken, while the yellow highlighted text is suggested additional language. The Planning Commission stated that overall they are pleased with the proposed list of changes, but there was concern over the language regarding fast food entities. Mr. Terry explained that she is finding it difficult to quantify what percentage of sales occur through a fast food window. She stated that she has been unable to acquire any industry standards. Mr. Mitchell suggested the need for a definition of a fast food restaurant. Mr. Terry read aloud a definition she had for a regional formula restaurant and she stated that she has not been able to find a definition pertaining to fast food restaurants.
Roger Kessler, who was seated in the audience, stated that he believes there should be separate zoning text for the River Road PUD (Planned Unit Development). He questioned why the text has to pertain Village-wide and why the River Road zoning can’t be separated out. Mr. Ryan stated that there are no other discrepancies in the Ordinance and the section pertaining to fast food entities is the only area needing to be addressed. He explained that Ordinance 16-07 will pertain to River Road, as well as the rest of the Village. Mr. Kessler stated that a fast food restaurant like McDonalds would never consider building on River Road because they would not have the adequate space needed. Mr. Riffle stated that many people believed a pharmacy chain would never pay the cost to be within the Village and this was not the case.
Councilmember O’Keefe questioned how the Planning Commission arrived at allowing or disallowing fast food restaurants. Mr. Riffle stated that there are some better quality restaurant entities that they were trying not to disallow. Some examples mentioned included Hoggies, City Barbeque, and Chipotle. Mr. Ryan stated that the Planning Commission was asked to review zoning changes made by Council and they felt that this particular area was too restrictive. Mr. Ryan stated that they could be excluding some better quality restaurants that might be considered fast food restaurants. Mr. Klauder questioned if the Planning Commission ever considered limiting a restaurant to one drive through window. Mr. Burriss stated that Arby’s only has one window, but they have a drive up speaker and they do not want to promote these either. Mr. Klauder thanked the Commission for looking into the possibility of expanding the types of restaurant establishments allowed on River Road. He stated that he sees their efforts as the only chance to have some type of nicer fast food entities in the area.
The Planning Commission discussed coming up with a definition for fast food entities, but still sending the rest of the information on to Council with a complete definition to come within six weeks. Mr. Terry stated that she would continue to review language regarding regional formula restaurants. Councilmember O’Keefe asked for any definitions/information to be forwarded to Council as well.
Councilmember O’Keefe inquired on the language change for a one and a half story building. She asked why this was changed to a one story building. Mr. Riffle explained that in the past it has been difficult for the Planning Commission to determine what a one and a half story building is and it is their hopes to simplify this. Mr. Ryan added that they feel any concerns regarding the look of a structure can be addressed with the roof pitch and the disallowance of a flat roof.
Mr. Riffle questioned the language in the Ordinance regarding traffic volume. Ms. Terry stated that she questioned Law Director Crites regarding this and he stated that traffic cannot be a sole factor, but it can certainly be a factor and his sentiments were to leave the section as is.
Mr. Burriss made a motion to forward Ordinance 16-07 and the Village Gateway District Draft Summary of the Planning Commission Recommendations revised on February 8, 2008 to Village Council with the condition that the page three (3) definition pertaining to fast food entities be forthcoming within six weeks. Seconded by Mr. Mitchell
Roll Call Vote on Mr. Burriss’s motion with conditions: Mitchell (yes), Burriss (yes), Reeves (yes), Riffle (yes), Ryan (yes). Motion carried 5-0.
Adjournment: 8:30 PM.
Mr. Riffle moved to adjourn the Planning Commission meeting, seconded by Mr. Burriss.
Roll Call Vote to Adjourn: Ryan (yes), Riffle (yes), Reeves (yes), Burriss (yes), Mitchell (yes). Motion carried 5-0.
February 25, 2008
March 10, 2008