Members of the Upper Arlington Board of Zoning and Planning struggled to find solutions for businesses who want to increase traffic while maintaining code enforcement rules during Monday night's meeting.
Representatives of the El Vaquero restaurant made another appearance in front of the board seeking approval renovations of their Riverside Drive property. Proposed improvements include expanding the existing patio, adding a storage area and re-facing the building. The restaurant's seating capacity will increase from 139 to 179 and the parking capacity will increase from 70 to 95.
A retaining wall system will be screened by landscaping.
Board members debated over the city staff's recommendation of a good faith effort in securing cross access and shared parking agreements with the Bob Evans restaurant next door.
Upper Arlington's city engineer has suggested an alternate access plan that must happen in two years.
Representatives of El Vaquero said they are continuing efforts to make improvements and work with the restaurant's neighbors.
During Monday's meeting, Tim Owens, a representative of El Vaquero, voiced apprehension about the two-year deadline for the cross access easement on one corner of the property.
Although he agreed that a cross access agreement would be beneficial to Bob Evans and El Vaquero, Owens noted that no one knows who will purchase the corner property or the future owner's plans. He said the company has been trying to set up meetings with representatives from Bob Evans, but discussions have been delayed because of one party's illness.
"To force us to try to implement something that involves other property owners and risk losing what we've invested if (the deadline is not met) is disturbing," said Owens, who suggested possible consideration of interim time goals.
El Vaquero representatives said that as of now they also have no indication of possible requirements from the Ohio Department of Transportation. Board member Robert Tuller suggested that based on his experiences, he believed that ODOT would require the businesses to install a deceleration lane.
Chairman Thomas J. Riley agreed with Owens' concerns but was reluctant to grant full approval of the company's request because the board would lose leverage if the restaurant failed to comply with stipulations in a timely manner. After asking if El Vaquero needed a board response before the next meeting in January, Riley suggested that the board revisit the issue then.
Members of the Lane Woods condominium association praised the efforts of El Vaquero management in addressing the condo owners' concerns but still spoke of remaining issues.
"It would be nice if there's some language that restricts the lighting," said neighbor Mike Rossi.
"The proposed lighting meets the code," replied Chad Gibson, senior planning officer for the city's development department. "The lighting plan is good."
After some additional back and forth, the board agreed to approve the building's expansion with the stipulation that El Vaquero's use of the additional space be delayed. Approval on the cross access easement was postponed until El Vaquero has further meetings with representatives of Bob Evans and ODOT.
The board also reviewed a request regarding graphics for Darrons Contemporary Furniture, 1325 W. Lane Ave.
Board members pondered a written agreement between the city attorney's office and the owners of Darrons. The owners said that the agreement provided them with exemption from the city's code enforcement laws.
The written statement was part of a 2005 pre-annexation agreement between the owners and the city of Upper Arlington. At issue was whether the language stated that the store would have to conform to code if there were a change in signage or change in ownership.
"We didn't want to be put in a situation where we are being told what to do with our signs," Ron Haas, one of the owners, told the board.
After board members decided that the agreement referred to the change in signage, Haas and his brother Darryl argued that they needed a sign that would generate more business.
"We're convinced that the reason people haven't been able to find us for 29 years is because our sign is so subtle," said Ron Haas.
Although the board approved the size and location of the sign, Gibson said the white color the owners preferred glows at night, which is at odds with city code. The code is written so that only letters in a sign can glow at night.
The owners agreed to modify the color with a more opaque selection.