WHEREAS, on October 12, 1997, George H. Fackler III submitted to the Village of Granville a Zoning Permit Application, (thereafter designated as application #98015), for a multi-use commercial development project to be located at 1960 Newark-Granville Road; and
WHEREAS, following an appeal from the BZBA on the drive thru, the Council and applicant reached an agreement on the terms of granting the drive thru which were mutually agreeable to both parties; and,
WHEREAS, this Council memorialized these agreed terms in granting the approval of the conditional use permit for this development as reflected in Resolution No. 97-32; and
WHEREAS, included within the conditions imposed by Resolution No. 97-32 by attachment thereto is the requirement, (Condition #3), that all site plan matters be as approved by the Planning Commission; and
WHEREAS, the Planning Commission has completed its review of the site plan for this development and has approved the development plan upon certain conditions all as reflected in the Granville Planning Commission Finding of Fact adopted March 30, 1998; and
WHEREAS, included in the conditions set forth by the Planning Commission are infrastructure related issues requiring Council review and approval;
NOW THEREFORE, BE IT RESOLVED by the Council of the Village of Granville, Ohio, that:
Section I: The findings, conditions and recommendations of the Planning Commission as set forth in the Granville Planning Commission Finding of Fact adopted March 30, 1998 and attached hereto as Exhibit "A" are fully incorporated herein and fully established as conditions to the zoning permit for this development unless otherwise limited or modified in this Resolution.
Section II: Access to and from Newark-Granville Road as recommended shall be permitted only for so long as Council, in its sole discretion and judgment, is of the opinion that such access does not create or exacerbate traffic flow problems, safety concerns, or otherwise negatively impact sound traffic management practices.
Section III: In addition to all setbacks and site configuration as established by the Planning Commission, the development project shall be so situated as to fully accommodate a right-of-way in favor of the Village equal to forty-two, (42), feet as measured from the center line of Cherry Valley Road and proceeding west from that center line. In this regard, it is understood that the Village currently holds a right-of-way equal to thirty, (30), feet as measured from the center line and that George H. Fackler III has agreed to provide an additional five, (5), feet of right-of-way at no cost to the Village. The acquisition of the additional seven, (7), feet of right-of-way shall be upon such terms as may be negotiated, or in the absence of agreement, as established by the Court of Common Pleas Of Licking County, Ohio.
Section IV: All engineering specifications for any and all infrastructure improvements, including but not limited to roadways, sidewalks and curb cuts, shall be submitted to the Village for review and approval prior to any excavations or other construction activities related to such improvements.
Section V: The site plan and approval thereof shall fully implement the conditions imposed by Resolution No. 97-32.
Section VI: This resolution shall be in full force and be effective immediately upon passage.