AVON PLANNING COMMISSION REGULAR MEETING

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1 MINUTES OF THE PUBLIC HEARINGS HELD ON WEDNESDAY, NOVEMBE 21, 2018 IN COUNCIL CHAMBERS OF CITY HALL The meeting was opened by Chairman Carolyn Witherspoon at 7:00P.M. FIELDSTONE SUBDIVISION AMEND PRELIMINARY PLAT, LOCATED ON THE NORTH SIDE OF SCHWARTZ ROAD, WEST OF STONE WHEEL RUN. The Chair opens the Public Hearing at 7:01P.M. There being no one present in the audience, Chairman Witherspoon closes the public hearing at 7:01P.M. MASS ESTATES SUBDIVISION PRELIMINARY PLAT- 26 NEW SINGLE FAMILY HOMES LOCATED ON THE SOUTH SIDE OF SCHWARTZ ROAD, EAST OF WILLIAMS COURT. The Chair opens the Public Hearing at 7:02P.M. Tom Kuluris of Liberty Development and Kevin Hoffman of Polaris Engineering. Mr. Hoffman says they were here last month to introduce the plan and the plan hasn t changed. They have gotten information on the drainage analysis of Schwartz Creek based on subdivision and the report says there is no rise and will decrease the base flood plain. Mr. Kuluris says they hired people who study base flood plain and elevations to study to see what the impact would be and they did not have the results. They do now and says on the backside of the development they have the land reserved for compensatory storage. Mr. Kuluris says in this area the requirement is 2:1 and it exceeds that and with the study it will not impact the area, it could help. Mr. Kuluris says there was some concern about variances needed and possibility of stub streets and they said the stub to the west and one to the east which that land is wet, it doesn t work for this project. Mr. Kuluris says they felt this was the best in the planning and in lieu of doing the stubs they would be able to run a sanitary sewer line approximately 1500 feet down Williams Court. They don t know what could be developed on Williams Court with the compensatory storage but that is in the future. Mr. Kuluris says when they first started looking at this development they have decreased the size of the development to make it work best for the area. Bob Wilson, 3420 Williams Court asks how far the lots will be to Williams Court. Mr. Kuluris says none of the lots touch Williams Court. Mr. Wilson asks distance, Mr. Kuluris says about 270 feet and asks what way will the flow go off those properties? Mr. Hoffman says it will drain south to the basin and then into Schwartz Creek. Mr. Wilson asks about the elevation and Mr. Hoffman says the elevation will be higher as they need to bring it out of the flood plain. Mr. Kuluris says how they help is they build compensatory storage that is twice the size of volume to keep water. Mr. Wilson says he has been there 41 years and have had some heavy rains and is concerned about the water flowing down. Mike Doyle, 3790 Williams Court says it s important to understand the map and says this is very complicated. Mr. Hoffman explains the map and what all is on it and locations. Mr. Doyle says there are two colors and Mr. Hoffman says they are the flood plain area for FEMA and the flood way. Mr. Doyle says this could actually benefit people on the street because the data is now more accurate. Mr. Doyle says they have a retention basin and compensatory storage that will be installed and based on the study he concluded what and Mr. Hoffman says there will be no rise and will actually reduce the level of the creek during certain rain events. Mr. Doyle says this is very technical but the perception with our eyes is if you raise this, the water will be shed somewhere. Mr. Hoffman says the run off from the subdivision will drain into the basin. Kathy Pocos, 3440 Williams Court says she would be across from all the houses and asks how are you going to drain the land in front of her place since the road is lower its going to go to her and not into the compensatory storage. Mr. Hoffman says the run off along the street will remain the same, when you get into the flood plains it s a static rise and moves as a system. Mr. Hoffman says Schwartz Creek drains to French Creek and as French Creek starts backing up, Schwartz Creek does and the water level is

2 consistent moving east to west. Mrs. Pocos says the water will come from their yard and will not be able to go anywhere. Mr. Cummins says if the subdivision is to be approved and moved forward, with any in town, they will have to provide a system to collect all the drainage off their property. Ms. Pocos says she disagrees with Mr. Cummins and says the people behind them have made their yards so bad and if you didn t do it right then they can t see that this is going to be done right. Mr. Cummins says that he understands but the City updated ordinances in 2015 to address some of these concerns and the compensatory storage was added. The subdivisions added in the last few years, the City has made it a priority that there is adequate drainage for the streets and what is in the back yards. Mr. Cummins says if this were to get approved and the homes are higher and their back yards sloped to the west, they would have to have some type of drainage system running north and south or a local yard drain to collect their drainage to take it to their new system that runs down their new street to their new detention basin before its released to Schwartz Creek. Ms. Pocos says once someone has a home built, how do you prevent them from putting up barriers to change their landscaping but that could affect her. Mr. Cummins says as each home is built the topo plan lays out the drainage and gets checked once the home is constructed and if their drainage pattern is changed, the building and or engineering department could make that an issue to make sure it s changed back or site them. Mr. Cummins continues to say there is some type of protection as it s a case by case basis. Jean McFarland, 3536 Williams Court explains why the Williams Court residents are concerned about the drainage because the Vineyard Park, Ryan homes which abuts their property directly were built so much higher than their property and they are a swamp since that happened. Ms. McFarland says they are skeptical what they are being told as they are afraid they will get it from both ways and how will this drainage affect the front of their land. Viola Hull, 3606 Williams Court says she agrees and looks down the road when there are extreme rains, the water comes from the other end of the street and if there is more water going in the creek what about the houses that abut the Creek, what will they get. Mr. Kuluris says he doesn t disagree with anything anyone has experienced. Mr. Kuluris says the City instituted the compensatory storage requirement in some areas its 1:1 and explains if there is tub of water and you put a basketball submerged in it and the water comes up, they want to know the tub size increased by the size of the basketball the water will stay to the top. Mr. Kuluris says in this case they are requiring two basketballs of tub area for one basketball to go in. He says the retention basin is where they will store water where any impervious surface on the development will go there first, slow and let it out at a rate that will be equal to or less then before the development. The compensatory storage should benefit your lots and take the stream bed and makes it bigger so if it over flows, the water will go there. Mr. Kuluris says what the City has done in the last three years has changed the way these projects are engineered to help the City reduce the flooding problem. Mr. Kuluris says there are a lot of check by people who know all this water stuff as it s a big protection for the city. Tim Doyle asks Mr. Kuluris if they (Doyle) build compensatory storage for him (Kuluris) would it help. Mr. Kuluris says yes. Mr. Doyle says they have 12 acres and if they dedicate an acre of land could that help. Mr. Doyle says he knows the west side of Williams is a mess and Mr. Kuluris says everywhere you put compensatory storage along that stream helps, it makes the stream bigger and flooding less likely to happen. Mr. Cummins clarifies, it s not a carte blanche, and it does need to be hydrologically connected. Mr. Kuluris says if it s on Williams Court, Mr. Cummins says in theory you could do it on someone else s property but it s not a slam dunk. Mr. Doyle says why you would care if they build a pond and Mr. Cummins says it needs to be in the area in conjunction with the development-nearby or on same property. Mike Doyle says the City has offered to provide drainage? Mr. Kuluris says no the City has not and Mr. Doyle says what about redoing Williams Court, has that been discussed. Mr. Kuluris says they have

3 discussed what they could possibly do if they purchased some lots and he would be will to put some sanitary down Williams Court. Mr. Doyle says if sanitary is put in then storm must be put in. Mr. Kuluris says he could not put that in, if the City wanted to they would have. Mr. Doyle asks if the City is willing to put in storm. Mayor Jensen says this development hasn t been approved yet so they are not at that point to discuss that. He says they are always looking at areas to put storm or complete things but as it pertains to this development we are not there. Mr. Doyle says but it is a possibility and Mayor Jensen says at some point. Mayor Jensen says when he took over the thing that he looks at all the developments that went in that were higher and they are blocking the older home owners and that is why they implemented new things. Mayor Jensen says you get nervous when another development goes in that is higher that the water gets trapped back there, how do you get it out. That is why they have experts and engineers to help protect the residents. Mr. Doyle says a storm line would benefit the people on Williams Court. Mr. Kuluris says there are levels of priority and the number one help is getting as much compensatory storage you can get along that stream. Paul Hilston, 3420 Williams Court says after seeing what s happened west on Williams Court and when there is a heavy rain the water comes down, they are higher and Williams Court is lower its going down into the ditch and Mr. Hoffman says it will be intercepted by the yard drains as they cannot have run off go onto anyone else s land. Mr. Hilston says he has seen it come from the west. Mr. Kuluris says if they put a deeper swale in then it would stop that it make him feel good and Mr. Hilston says yes, something to catch the water. Mr. Kuluris says he is willing to work with the residents to help them. Kristin Kemper, Schwartz Road says there are the house to the east of the development as the drainage will be a huge issue for her as its clay and water doesn t go anywhere. If you raise the elevation, do you think drain tiles will help? Mr. Hoffman will have individual yard drains or a common storm sewer line that will go along the property line. Ms. Kemper would like a copy of the study. Mr. Kuluris will sit down with her to explain all the studies and says they cannot design this to let water go off of this development. Mrs. Kemper says you can t make all the water go to the drain and Mr. Kuluris says they have to promise they can t make it worse. Mrs. Kemper says another road cut onto Schwartz Road as it s narrow and no sidewalks is another one of her concerns. Mrs. Kemper wants to know if there is insurance for the retention pond as the pond next to them needed a million dollar insurance bond that if anyone fell into it will that be the same. Ms. Fechter says the pond will be under the HOA so they will have to have the covenants and make sure they have proper coverage. Mrs. Kemper says she believes the City required it for Oster s and they confirm it wasn t the City, it was the homeowners insurance that required it. Mrs. Kemper says construction management and wants to make sure when construction starts it stays on their property and wants that addressed. Mr. Cummins says the developer cannot enter onto anyone property without their written permission, if there is anything on the plans they would need to see that written permission. Mr. Cummins says this is the preliminary plat as they will have to go back with final engineering to design the drainage systems and that is to be in the future if given approval. Mr. Cummins says it will be the same to both property lines as the run off will need to be controlled and collected so it doesn t leave the property and managed. There being no further questions or comments, Chairman Witherspoon closes the public hearing at 7:47P.M. CONCORD VILLAGE SUBDIVISION AMEND PRELIMINARY PLAT. The Chair opens the Public Hearing at 7:47P.M. There being no one present in the audience, Chairman Witherspoon closes the public hearing at 7:48P.M.

4 REZONE A PORTION OF 17.9 ACRES LOCATED AT CHESTER ROAD FROM M-1 TO R-3 FOR THE PROPOSED PHASE 2 OF CONCORD VILLAGE SUBDIVISION. The Chair opens the Public Hearing at 7:48P.M. There being no one present in the audience, Chairman Witherspoon closes the public hearing at 7:48P.M. SPECIAL USE PERMIT FOR BEERHEAD BAR & EATERY TO INCLUDE AN OUTDOOR PATIO TO BE LOCATED AT 1813 NAGEL ROAD. The Chair opens the Public Hearing at 7:49P.M. There being no one present in the audience, Chairman Witherspoon closes the public hearing at 7:49P.M. MINUTES OF THE REGULAR PLANNING COMMISSION MEETING HELD ON WEDNESDAY, OCTOBER 17, 2018 IN COUNCIL CHAMBERS OF CITY HALL Present: Bill Fitch; Tammy Holtzmeier; Bryan Jensen, Mayor; Jim Malloy, Carolyn Witherspoon, Chairman; Ryan Cummins, City Engineer; Pam Fechter, Planning Coordinator; John Gasior, Law Director; Rick Schneider, Zoning Enforcement Officer and Jill Clements, Secretary. MINUTES OF THE REGULAR MEETING-OCTOBER 17, 2018 A motion was made by Mr. Malloy, seconded by Mayor Jensen to dispense with the reading of the minutes of the Regular Meeting held on October 17, 2018 and to approve the said minutes as published. The vote was: CORRESPONDENCE ADDITIONS/DELETIONS SZEPP/JASSER-FIRST PRESENTATION-LOT SPLIT/CONSOLIDATION Jim Szepp of French Creek is requesting approval of taking Parcel B and splitting.2689 acres from that and consolidating it with Parcel C giving that.8368 acres and leaving Parcel B with acres located at French Creek Road. Aaron Appell of Bramhall Engineering explains its two property owners would have worked out an agreement and wants to do a lot split. Mr. Szepp has sold the Jasser s the property but would like consolidate some to his existing home. Mr. Cummins says he has reviewed the plat and finds it acceptable and recommends approval. A motion was made by Mr. Malloy, seconded by Mayor Jensen to approve the taking Parcel B and splitting.2689 acres from that and consolidating it with Parcel C giving that.8368 acres and leaving Parcel B with acres located at French Creek Road. The vote was: AYES All. The Chair declared the motion passed. ESC AVON LLC-FIRST PRESENTATION-ONE YEAR TIME EXTENION Rudolph Najda of ESC AVON LLC, is requesting a one year time extension for the approved final development plan for a new 6,600 sq. ft. office and warehouse to be located at Avon Commerce Parkway.

5 Ms. Fechter says this original plan for a 6,600 office and warehouse was approved in November Mr. Najda ran into some financing issues but those have been resolved and is looking to move forward but needs the renewal to allow the final drawings to be done and submitted to building. A motion was made by Mr. Malloy, seconded by Mayor Jensen to approve a one year time extension for the approved final development plan for a new 6,600 sq. ft. office and warehouse to be located at Avon Commerce Parkway. The vote was: FIELDSTONE SUBDIVISION PRELIMINARY PLAT-FIRST PRESENTATION-AMEND THE PRELIMINARY PLAT Ronald Paull and Doug Haldi are requesting approval of the amended Preliminary Plat for Fieldstone Subdivision located on the north side of Schwartz Road. Ms. Fechter says they were in front of the Commission in 2010 for preliminary plat approval and it s been asked of him to amend the preliminary plat to add a stub street to the west and he has agreed. Since this is just a lay out once the final plat moves forward exact location will be determined along with engineering. A motion was made by Mr. Malloy, seconded by Mayor Jensen to approve the amended Preliminary Plat for Fieldstone Subdivision located on the north side of Schwartz Road. The vote was: AYES All. The Chair declared the motion passed. NORTON PLACE SUBDIVISION-SECOND PRESENTATION-AMEND PRELIMINARY PLAT John Eavenson is requesting approval of amending the Preliminary Plat for Norton Place Subdivision from 42 homes to 29 homes located on the east side of Jaycox Road. John Eavenson says last month they brought in the preliminary plat and they realized at that meeting there were some outstanding concerns as they met earlier that day and could not address those comments. Mr. Barcikoski addressed the comments and they take the input and fixed them the best they could and resubmitted. Mr. Eavenson says there was concern about the safety of the curb cut being located to Jaycox Road and says that safety is important. Mr. Eavenson says they could push the drives as Far East as possible but that plan did not indicate that. He continues to says the talked to their traffic engineer in the last month and asked they to give some input on where they would like to put the drives and the safety concern and they don t feel what they are presenting isn t a big safety concern. Mr. Barcikoski says last month they did not have the drives or the turn lanes shown which is now on the drawing and sublot 29 was the one mostly being discussed and it gets it out of the turn lane and feel that the safety issue was addressed. Mr. Cummins says last month the safety of the area was noted and the extension of Middleton as well. Mr. Cummins says the City has been approached previously from property owners further to the east about doing a voluntarily assessment as phase 2 was not permitted by the Army Corps and are back now. Mr. Cummins says they had driveways coming off Middleton but east of the current property as a little bit of a tradeoff to get Middleton Road extended a bit. Mr. Cummins says given the lay out presented and concerns for the future and having driveways on a thoroughfare, the City has decided to pursue to try to get environmental permits to extend the road to the east. The City did write a letter of

6 support to the Army Corps for the purpose of trying to get a wetland permit to extend the road and have a few houses but that did not help. Given the overview map shows the connecting Middleton from Jaycox to Nagel, the City would like to get that process going to get the permit to install. Mr. Cummins says so to accept a plan that has three drives in an so close to the existing intersection until the results of the permitting is done and getting the road connection made, this might be a little premature. He says the administration would ultimately not like to see any driveways there and the roadways across and if they can t get the road then that would be the appropriated time to look at the current plan or a plan with lesser drives. Mrs. Holtzmeier says at this time when we would look for the Army Corps recommendation and input is there a time frame they will return with that response. Mr. Cummins says no, in general it could be 18 months or more before a determination is made. Mr. Cummins says it s not something that can be done with phone calls, field studies need to be done and then go through their permitting process and possibly mitigation, off set and a lot of back and forth that takes time. Mrs. Witherspoon asks if there are any suggestions they could use if the development wants to proceed. Mr. Cummins some discussions were of doing shared drives but the plan submitted shows three drives. Mr. Eavenson says wither you get a road through the east side or not, he thinks in good faith they have reached out to experts to tell him it s not a concern where the drive is at so he is not sure regardless of the number of curb cuts, why is this a concern. Mr. Eavenson says he put the road in and wants to finish the project and why now are they being questioned and asks if he is being told that he cannot access the public right of way. Mrs. Witherspoon says she still has a concern with the traffic stacking up even though the traffic person says it should be ok, Middleton is supposed to be a main thoroughfare to take traffic off Detroit and feels it will be very busy. She says the concern is you will be done with the project and the resident will come to them and they are planning for the future and it will be busy. Mr. Barcikoski says the original preliminary plan had more lots and a cul de sac on the north side and 8 homes on Middleton to the east of the limits now and it s hard to see the difference with traffic but the number of houses is down. Mr. Barcikoski says they built the road with thoughts of the road eventually going through. Is the sublot 29 drive the biggest concern? Mrs. Witherspoon says she would say it s the main one and sublot 28 will be in the intersection and how do will know the buyer will have patience with that, they will come to the City and ask why are they having a hard time. Mrs. Witherspoon says it s their intention to look into the future and they believe that will be a busy street once it s gone through. Mr. Eavenson says their concern is its easy for them to say it but when they do work with the expert he would think it s a true thing, it s not just a I am worried. Mayor Jensen asks if he did the study with the road connecting to Nagel. Mr. Eavenson says he based it on the subdivision with the future turn lane and what was going to be in the turn lane. Mayor Jensen says that s a no, he did not do it connecting to Nagel. Mr. Cummins says it s what s in the subdivision. Mayor Jensen says his concern isn t so much what s in the subdivision, it s when it connects, what will happen. Mr. Barcikoski says the letter proves the turn lane isn t warranted now and Mr. Eavenson says until the road goes through, they don t think they need the turn lane now. Mr. Cummins the length of the lane is determined on the traffic from the subdivision. Ms. Fechter says she believes the Commission looked at Phase 2 with the curb cuts were about 370 feet away from the intersection. Mr. Fitch asks is it possible to have one drive opposite the road and have a shared drive to all three houses, could be easier for them in and out. Mr. Eavenson says the concern is having a $500,000 house and sharing a driveway with someone else and the maintenance of that as well. Mr. Malloy says he has real estate appraisal experience and says this is going to be hard to market sub lot 29 and Mr. Eavenson doesn t think so as it s a large lot. Mr. Cummins says you can approve the plan submitted, if you re thinking not, look at b suitability of land for development could be considered. Mayor Jensen asks if they would consider delaying lot 29 but do the other two and wait to see what the outcome will be with the road extension. Mr. Eavenson asks why. Mayor Jensen says if the road does not go through it s a moot point but if it does then that is the concern with the traffic. Mr. Barcikoski says the biggest concern

7 is the turn lane is a bit longer for the cul de sac they originally planned. Mr. Bracikoski says of the driveway is outside of the turn lane, would the City find that acceptable? Mr. Cummins says until they know if the road will go through and what the traffic volume will be its hard to say what will be the best lay out of the lots. Mr. Fitch asks if the turn lane is designed for all the way through and Mr. Cummins says no. Mr. Eavenson says his responsibility is to finish the development as he put the road where the city asked and they worked hard to get the permit from the Army Corps, spent $70,000 to get nowhere and can t wait 18 month to two years. Mr. Gasior says the only reason is not the Army Corps reason, he thinks the original plat had a street with 8 lots, one curb cut and that what he is hearing is the one curb cut with a shared drive he doesn t think the Commission would disapprove that plan. He says that Mr. Eavenson indicated people with $500,000 would not want to share driveways but he believes the Commission will give the project one curb cut. Mr. Eavenson says it s devaluing the property and Mr. Gasior says those are issues to be taken up in another forum. Mr. Gasior says the City is going to use its efforts to Middleton extended. Mrs. Holtzmeier asks Mr. Cummins to clarify b and Mr. Cummins reads the section of the code. A motion was made by Mr. Malloy, seconded by Mayor Jensen to approve the amended Preliminary Plat for Norton Place Subdivision from 42 homes to 29 homes located on the east side of Jaycox Road. The vote was: NAYS All. The Chair declared the motion failed. MASS ESTATES SUBDIVISION- FIRST PRESENTATION-PRELIMINARY PLAT Tom Kuluris of Liberty Development is requesting approval of the Preliminary Plat for a proposed 26 lot subdivision, Mass Estates Subdivision to be located on the south side of Schwartz Road between Williams Court and the County line. Tom Kuluris is looking for preliminary approval on the plan for Mass Estates, a 26 lot subdivision. Mr. Kuluris says in lieu of the stub streets they would help improve Williams Court by providing a sanitary line down about 1500 feet from Schwartz. Mrs. Witherspoon says there was a Public Hearing and heard concern from the residents. Ms. Fechter says as far as the Planning Department review they find the stub streets are critical for future development. She says there is property to the east to be developed and feel a connection to the west would be important. Ms. Fechter says Police and Fire have looked at all the long cul de sacs that City has and would like to see those long roads have stubs. Mr. Cummins says the flood plain study was completed and they did review that and are in general agreement with it as the compensatory storage approved in 2015 has a positive impact for potential development. Mr. Cummins says as Ms. Fechter noted there are concerns about street length and stubs for future connections but the compensatory storage performed would lower the flood plain elevation if the project goes forward. Mr. Cummins says it would be required that drainage is controlled at the edges of the subdivision property on the sublot far west line and east line and there would not be water draining towards Williams Court as it does not touch that. Ms. Fechter says 1246 says the street would need a variance with the cul de sac as it cannot be longer than 600 feet per code. Mr. Kuluris says the stub street is impractical for them to do it from the planning and safety aspect, even with they did, which they can t the stub street to the east would back up to Kristin Kemper property and it s his understanding in the future, it s not going anywhere, its wet and not practical to develop. Mr. Kuluris also says to the stub to the west would stop about 100 feet from Williams Court as they don t have that property. Mr. Kuluris says he understands the need for those but it s impractical and makes it impossible to do. He continues to say what they wanted to accomplish was for City planning if they can t do that what can they do to help the region and that s when the sanitary line down the street was thought of. Mr. Kuluris says if they could put stub streets in and be done with it, he would but he can t. Mr. Cummins says as they consider this decision b scattered development and then A14 talks about the cul de sac. Mrs. Holtzmeier says she is troubled by the length of the cul de sac as it s more than double the max length. She says in more modern times as we

8 plan and develop the City we are not looking at what s directly in front of us but at the neighbors and how does one development impact others. Mrs. Holtzmeier says the water issue and safety and access as that is good planning, we need to look beyond the project limits. She knows a variance would be required and says the length is something she would not be in support of and asks him give another look to find an ideal way to develop with the stub streets. Mr. Kuluris says it s not advantageous to do it with stub streets. Mr. Fitch says they shouldn t overlook the fact that this area would help drain the area that needs to be considered as well. Mr. Kuluris says they have gone through so much with the development and it had a lot more lots and stubs but its shrinking was the way to take this plan and make it better as the sanitary line and the compensatory storage would help the area. Mr. Kuluris feels the flooding and sanitary is better planning for the future than the stub streets now. 4 AYES, 1 NAY. The Chair declared the motion passed. A motion was made by Mr. Malloy, seconded by Mayor Jensen to approve the Preliminary Plat for a proposed 26 lot subdivision, Mass Estates Subdivision to be located on the south side of Schwartz Road between Williams Court and the County line. The vote was: NAYS All. The Chair declared the motion failed. CONCORD VILLAGE-FIRST PRESENTATION-AMEND PRELIMINARY PLAT Denver Brooker of Vocon is requesting approval of the amended Preliminary Plat for Concord Village to construction 106 units to complete the existing development located on the north side of Chester Road. Jason Friedman is the developer and Denver Brooker is the architect. Mr. Friedman says the Concord Village is an existing development started in mid-2000 s and approved for a total of 95 units. The current owner and developer started this project and completed 24 units and sold 6 units. After the economy went downhill, they decided to rent the units and it s been a successful idea. Mr. Friedman says the street is partially installed and a retention pond on the property for the whole development and property cleared around existing units built. He continues to say things have changed and after 2008 down turn less people are buying and more want to rental property. Mr. Friedman would like to make a slight adjustment to the original approved plan that includes 39 townhomes and 56 villas and he would like to make it 34 town homes and 72 villas with total unit increase of eleven. The proposed plan still has garages, medium units and less maintenance and they have evenly spread out the townhomes and villas. He continues to say that he would like to finish this project to see the land get developed instead of just sitting there. Mr. Fechter says there were no comments and is in support of the preliminary plat to finish that development. Mr. Cummins says no real comments at this time, they will have to do the review on the final plans with verification of the utilities installed previously and all the will be worked out in final. Mr. Malloy says 6 owned and rest rentals what happen if the owner wants to sell, do they have to sell it back to the developer. Mr. Friedman says he doesn t have to he can go independent but in the perfect world they would like to buy it as long as its fair value. Mr. Friedman says the Schafer s have done a nice job, they want to come in and finish and plan to be there for a long time. A motion was made by Mr. Malloy, seconded by Mayor Jensen to approve the amended Preliminary Plat for Concord Village to construction 106 units to complete the existing development located on the north side of Chester Road. The vote was:

9 CONCORD VILLAGE-FIRST PRESENTATION-REZONE Denver Brooker of Vocon is requesting approval and the recommendation to Council for approval of the rezoning of a portion of 17.9 acres from M-1 to R-3 located at Chester Road. Jason Friedman says they are looking to the property to the west of Concord Village for Phase 2 which is currently zoned industrial. Mr. Friedman says he had no intention of finishing phase 1 but after looking at the area, he learned about the new sewer district alignment and says that is important because the property is somewhat land locked. Mr. Friedman says it make sense to continue to the north and the existing development will be on the east and will build more of the same units that would have a community room for the residents and a pool for both developments. The sewer is important as they would need sewer from the other side if it was industrial but if we do it for residential, it s reasonable to continue the rental units to the north and is asking for the rezone to R-3 to make it one large community. Ms. Fechter says her concern is the property that if they go to the north, some area will be touching an industrial zone to the east beyond the existing communities. Mr. Friedman says there are some wetlands on the property so it would be nice to pull it back a little bit and they can revise the plan if need be if they could move forward. Mrs. Holtzmeier says the pull back is because of wetlands and Mr. Friedman says yes there are some wetlands but they can work with that, if they go further north that northern edge would be surrounded by industrial use. Mr. Fitch asks about the extra property and Mr. Friedman says they would leave it vacant until it gets developed and see what happens. He says he is learning a lot about the future of that area and they think it will get developed but it will take some time to get the sewer down to that point. Mayor Jensen asks about the road improvements in the area and says with phase 2 it will bring more residential and there are not improvements in that area and could require road improvements if it does move forward. Mayor Jensen says the first phase makes sense to finish but the second phase makes it more difficult and only two curb cuts for a lot of cars in that area. Mr. Friedman says it would be a conversation he would like to talk about. Ms. Fechter says the length of the a cul de sac allowed is 600 feet, in addition to the Mayor comment with curb cuts, the length of the cul de sac inside is of concern too. Mr. Friedman says they are limited to space and first is the rezone second could be plan lay out. Mr. Cummins says a comment was made about the sanitary and it was mentioned they own all the property to the north where the proposed rezone is, Mr. Friedman says its one piece and if that piece were split and sold, they could get sanitary that is from phase one. Mr. Cummins says the district is not an issue, if they needed to they could get sanitary from the phase one of what is installed. Mrs. Holtzmeier asks Mr. Cummins about the property to the west, were they in the master plan zoned residential. Mr. Cummins says they are zoned M- 1 currently but he is not sure for how long and Mr. Gasior says the front is R-3 and the back has been M-1 for a while. Mrs. Holtzmeier says when we look at Master Plan and their zoning there developed with who the neighbors are and what could be there. When a rezone is requested from our master plan it doesn t have to be done, we chose to so she uses a lot of caution on what is the underline reason why we would have to rezone or a need to rezone. She says some of the proximity could be valuable to what is already there and appreciates the want to build there, it s the back end of it and as this time she doesn t feel an overwhelming need to change the current zoning. Mrs. Holtzmeier says the finger area has wetlands and that is concerning but is using great caution. Mr. Friedman says he wants to make the already approved plan better and this other parcel is something that just doesn t fit perfectly but could be a nice fit for what is there now. A motion was made by Mr. Malloy, seconded by Mayor Jensen to approve and recommend to Council for approval of the rezoning of a portion of 17.9 acres from M-1 to R-3 located at Chester Road. The vote was: NAYS All. The Chair declared the motion failed and will have a negative referral to Council.

10 AVON 90 RETAIL-FIRST PRESENTATION-MINOR MODIFICATION Grant Giltz of One Avon Company, LLC is requesting approval of the minor modification to include a 1,920 sq. ft. outdoor patio to be located on the north side of the building located at 1813 Nagel Road. Ms. Fechter says the next two agenda items are together that Avon 91is the owner of the property next to Levin on Nagel and Beerhead is a tenant of that building. Avon 91 is coming in for the modification, Beerhead is the one doing all the work and requesting the special use permit. Aaron Rasmussen of 330 Ventures are the franchise of Beerhead and they plan off to the north is the patio they are asking for a special use permit for their establishment. The patio will be sq. ft. Ms. Fechter says after the building was constructed the tenant wanted a patio and have gone through review and are fine with the location. Mr. Cummins says the review was completed and found acceptable and recommend approval. Mrs. Holtzmeier wants to know what they are going to do to protect the Westside of the patio from the parking lot traffic. It was determined there is a curb and it will be landscaped. Mr. Rasmussen says the patio ends at the building, the sidewalk is 7 feet and they need to have access out of the patio. There will be four feet between the landscape island and the drainage will come back. Mrs. Holtzmeier says that is a large curb but if you re in the parking lot, it s a straight drive. They said there is no reason they cannot install some bollards and do the landscape around that as well. A motion was made by Mr. Malloy, seconded by Mayor Jensen to approve the minor modification to include a 1,920 sq. ft. outdoor patio to be located on the north side of the building located at 1813 Nagel Road. The vote was: BEERHEAD BAR AND EATRY-FIRST PRESENTATION-SPECIAL USE PERMIT Scott Royer of Engelke Construction Solutions is requesting approval and the recommendation to Council for approval to create a Special Use Permit for Beerhead Bar and Eatery to include a 1,920 sq. ft. outdoor patio to be located on the north side of the building located at 1813 Nagel Road Suite 100 and 200. Ms. Fechter asks what hours the patio will be opened and it was determined it would be open until midnight on Sunday and Monday through Saturday to 2:00P.M. There will be no live music just background acoustic music. Mayor Jensen says if there becomes problems with a Special Use Permit we can reach out to Beerhead and make some revisions if necessary. It was noted there will be a fence on the north side of the patio to block the Levin trucks and makes it look nicer. Mayor Jensen says again he doesn t for see any issues but they can go back to look at it in the future if need be. Ms. Fechter says this will go to Council and will include the bollards. The patio has no canopy and will be open weather permitting most like May to early October. Brief conversation was on their open date possibly in March a type of liquor license they will apply for. A motion was made by Mr. Malloy, seconded by Mayor Jensen to approve and recommend to Council for approval to create a Special Use Permit for Beerhead Bar and Eatery to include a 1,920 sq. ft. outdoor patio to be located on the north side of the building located at 1813 Nagel Road Suite 100 and 200 to include bollards. The vote was:

11 LONGHORN-FIRST PRESENTATION-FINAL DEVELOPMENT PLAN Carl Frey of the Jacobs Group is requesting approval of the site improvements for the propose 5,535 sq. ft. Longhorn Restaurant to be located on sublot 1 in Chester Road Subdivision located on the south side of Chester Road in front of Main Event. Carl Frey of Jacobs Group says Longhorn will lease the parcel in front of Main Event. Mr. Frey says the development plan is in line with general development and access roads and shows the entrance points. Ms. Fechter says there are no additional comments and would recommend approval. Mr. Cummins says they did complete there review and would recommend approval. Mr. Malloy asks when opening day could be and Mr. Frey says he is not sure. Ms. Fechter reminds everyone at this time there is not patio but if they have one they will need to come back for Special Use Permit. A motion was made by Mr. Malloy, seconded by Mayor Jensen to approve the site improvements for the propose 5,535 sq. ft. Longhorn Restaurant to be located on sublot 1 in Chester Road Subdivision located on the south side of Chester Road in front of Main Event. The vote was: AYES All. The Chair declared the motion passed. MARTIN S RETAIL CENTER-FIRST PRESENTATION-AMEND GENERAL DEVELOPMENT PLAN Leon Sampat of LS Architects, LLC representing Martin Construction & Development is requesting approval for the amended general development plan for a proposed divisible retail building to be located at Detroit Road. Earl Martin says almost a year ago a general development plan was approved but they did move some of the retail locations, the footprint is the same, curb cuts the same and retention as well just the building got a little bigger. Ms. Fechter asks about the drawing for this and it was thought it was submitted with the final development plans. Ms. Fechter says the general development plan is fine but would need a separate drawing for that so she would request a contingent approval to allow the general development plan submitted. Mr. Martin shows the drawing that is current but it was still determined a general development drawing should be submitted. Mary Burges, 3595 Ithaca Drive asks about the traffic on Detroit Road with the curb cut and asks if there will be an east bound turn lane to allow them to turn left into the parcel. Ms. Fechter says there will be a right in and right out on Detroit Road only with full access off Jaycox Road. A motion was made by Mr. Malloy, seconded by Mayor Jensen to approve the amended general development plan for a proposed divisible retail building to be located at Detroit Road contingent upon submission of the drawing. The vote was:

12 MARTIN S RETAIL CENTER-FIRST PRESENTATION- FINAL DEVELOPMENT PLAN Leon Sampat of LS Architects, LLC representing Martin Construction & Development is requesting approval of the final development plan for a proposed 19,283 sq. ft. divisible retails building to be located at Detroit Road. Earl Martin says they did a traffic study and it was determined Detroit Road will be right in and right out and full access will be on Jaycox Road. Mr. Martin says their impact on the two busy streets will be about a car an hour. Mr. Cummins says in the traffic study they looked at a left turn lane on Jaycox into the site and it came back it was not warranted at this time. Mr. Cummins says the project is providing the additional 10 feet of right of way on Jaycox and consistent with Norton Place in case of future widening. He says the review is still on going with comments issued today with storm water management and would recommend a contingent approval on engineering comments. Mr. Cummins says the movement from Detroit to Jaycox, the drive is at 12% grade and that s a steep drive and is concerned about the fire truck bottoming out from the steep grade to it being flat. Mrs. Holtzmeier asks about the handicap parking spaces. If she comes in on Detroit, there are two spot and would guess those who need them will use them for the retail. Mrs. Holtzmeier says if those two are taken the user would go around and look for the next spot on Jaycox that front the other retail tenants. Mrs. Holtzmeier asks again if she needs the retail on Detroit but has to park on Jaycox side, how she gets up there as there isn t a clear sidewalk. Mr. Cummins says it s nice to look at them being two separate buildings and there are handicap spaces designated for both of them even being looked at separately. Mr. Martin says the parking requirements have been met for the entire lot and is sufficient according to the code. Mr. Cummins says there is no ada route to get from the Jaycox frontage buildings and the Detroit Road but feels they exceed the number of spots for the proposed tenant use. Mr. Fitch says if the handicap spots are taken and they need the south part of the building they would use another spot up in that area. Mrs. Holtzmeier asks if they have any tenants lined up yet and Mr. Martin says no. Mrs. Holtzmeier says she is not comfortable for someone having to parking in a handicap spot down and go up a 12% incline to get to where they need to be but wants confirmation if they are full they will pick another spot. Mr. Cummins says the ada spots exceed what they are required to have for the building. A motion was made by Mr. Malloy, seconded by Mayor Jensen to approve the approve the final development plan for a proposed 19,283 sq. ft. divisible retails building to be located at Detroit Road. The vote was: SPEEDWAY-FIRST PRESENTATION-FINAL DEVELOPMENT Jeffrey DeZort of CESO Inc., is requesting approval of the site plan for the proposed 4,600 sq. ft. Speedway Gas Station and Convenient Store to be located on the corner of Recreation Land and Colorado Ave. Jeffrey DeZort of CESO Inc. says Speedway is proposing to construct a 4600 sq. ft. gas station and convenience store on the corner of Recreation Lane and 611. They want to install 8 auto dispenser and 3 commercial fueling lanes, the site will have two curb cuts, the auto access if full access and about 360 feet from the intersection and the second access is an additional feet and will be a left turn in and right out only. Mr. DeZort says he has been working with the City, have had traffic studies done, road work improvements, drainage calculations have been done and a majority of comments have been

13 addressed. He continues to say that part of the overall development will need a Special Use Permit for the patio and propane and are scheduled for a variance for the commercial fueling drive. Mr. Cummins asks that this be considered a first presentation, there has been a lot of work put into this project to date and studies and there are still a few outstanding site development issues but are minor but it s an ongoing process. Mr. Cummins says there are concerns about the roadway pavement of Rec Lane and the thickness, if it can accommodate the trucks. He says the loop for the commercial fueling could be very heavy with turning movements to make sure that Rec Lane will hold up. Mr. Cummins says the applicant has had a Geotechnical Engineer come out and take pavement bores and analyze that and we have that out to an independent review and have not had the results back yet. Mr. Cummins says they have a time line they are working on but we need to make sure all the concerns are addressed as well. Mrs. Witherspoon asks about the trucks coming in. Mr. Cummins says a traffic study was done and the improvements added will be a right turn lane onto 611, the car entrance will have a dedicated left turn lane and will be widening the road there and along Rec Lane. The plans will need to finalize separately for the road work and a developers agreement will need to be created as the work will be in the public right of way and will go to Council. Mrs. Witherspoon adds there will be no access or permitted to come in or go out that takes you to the stadium. Mr. Cummins says that is correct, Rec Lane is currently signed no trucks and that sign will get moved to just beyond the truck entrance and the site will have no left turn lane and Rec Lane by Miller is signed no trucks as well. Mayor Jensen asks how many location have they built like this. Mr. DeZort says the one in Berea opened not that long ago and Wadsworth is another one. Ms. Fechter says the next Zoning meeting is December 5 th and they will be on that agenda for the driveway and potentially a special meeting that night as well. Ms. Fechter says we hope to know the results of the study within the next week. Mr. Fitch asks how much wider the turn is. Ms. Fechter says the code says 36 max and they want to go 55 feet. Mayor Jensen asks how you discourage truckers from parking overnight. Mr. DeZort says the site is designed for that not to happen, only to account for the maneuvers they need to make and not pull off. Ms. Fechter the store shows no shower facilities just public restroom and food and drink. Mr. DeZort says typically these stores are more of your local delivery trucks and not over the road truckers. He says with it being close to I-90 there could be a little more over the road traffic to fuel but not to stay overnight. Ms. Fechter asks about the excess land and thought it could allow more room for them to park overnight. Mr. DeZort says the loop itself was kept as narrow as possible for them to make the turn to get into the line, the land on the bottom is for the refueling of the tanks. Mayor Jensen says if the trucks stay, it s not good for the other trucks that want to refuel and Mr. DeZort says there will be signs posted and the employees will help monitor the traffic as well. Mr. Schneider asks on an average how many trucks will visit this site a day? Mr. DeZort says the traffic study says 308 over a 24 hour period. The Chair declares this First Presentation. SPEEDWAY-FIRST PRESENTATION-SPECIAL USE PERMIT Jeffrey DeZort of CESO Inc., is requesting approval and the recommendation to Council for approval to create a Special Use Permit to include an outdoor patio and propane storage to be located at the proposed fueling station located on the corner of Recreation Land and Colorado Ave. Jeffrey DeZort says this patio has two tables and the canisters in the cage for sale of propane. Mr. Gasior says this should be first presentation as well as the site plan has not been approved. Mr. DeZort says their concern is the timing of the Special Use Permit having to go to Council. Mr. Gasior says you will have to go in front of Council for the developer s agreement. Mr. DeZort says for them to move forward with their financial transactions they were hoping for Council and special meeting approval.