AVON PLANNING COMMISSION REGULAR MEETING

Transcription

1 MINUTES OF THE PUBLIC HEARINGS HELD ON WEDNESDAY, APRIL 18, 2018 IN COUNCIL CHAMBERS OF CITY HALL The meeting was opened by Chairman Carolyn Witherspoon at 7:00P.M. PRELIMINARY PLAT FOR RED TAIL PHASE 15 TO INCLUDE 11 SUBLOTS TO BE LOCATED OFF ST THERESA BLVD. The public hearing was opened by Chairman Carolyn Witherspoon at 7:00P.M. There being no one present in the audience, Chairman Witherspoon closes the public hearing at 7:00P.M. PRELIMINARY PLAT FOR RED TAIL PHASE 16 TO INCLUDE 28 SUBLOTS TO BE LOCATED WEST OF ST THERESA BLVD. The public hearing was opened by Chairman Carolyn Witherspoon at 7:01P.M. There being no one present in the audience, Chairman Witherspoon closes the public hearing at 7:01P.M. AMEND PLANNING AND ZONING CODE, INDUSTRIAL DISTRICT REGULATIONS, SECTION (F) SCHEDULE OF PERMITTED USES TO INCLUDE INDOOR. The public hearing was opened by Chairman Carolyn Witherspoon at 7:01P.M. There being no one present in the audience, Chairman Witherspoon closes the public hearing at 7:02P.M. AMEND THE PLANNING AND ZONING CODE SECTION (CC) AND (FF) TO ADD OUTDOOR. The public hearing was opened by Chairman Carolyn Witherspoon at 7:02P.M. There being no one present in the audience, Chairman Witherspoon closes the public hearing at 7:02P.M. MINUTES OF THE REGULAR PLANNING COMMISSION MEETING HELD ON WEDNESDAY, APRIL 18, 2018 IN COUNCIL CHAMBERS OF CITY HALL Present: Bill Fitch; Tammy Holtzmeier; Bryan Jensen, Mayor; Jim Malloy; Carolyn Witherspoon; 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-MARCH 21, 2018 A motion was made by Mayor Jensen, seconded by Mr. Malloy to dispense with the reading of the minutes of the Regular Meeting held on March 21, 2018 and to approve the said minutes as published. The vote was: CORRESPONDENCE ADDITIONS/DELETIONS A motion was made by Mr. Malloy, seconded by Mayor Jensen to delete items 7, 8, 9, and 10 Red Tail Subdivision Phase 15 and 16 at the applicants request. The vote was: AYES All. The Chair declared the motion passed. A motion was made by Mr. Malloy, seconded by Mayor Jensen to accept the agenda as amended. The vote was: SHIRLEY ANN DOYLE-FIRST PRESENTATION-LOT SPLIT Mike Doyle is requesting approval of taking a acre parcel and splitting it into 2 new parcels leaving Parcel A with acres and Parcel B acres located at 3790 Williams Court.

2 Mike Doyle says he would like to take one parcel and split into two lots with one being L shaped. Mr. Cummins says they have reviewed the lot split and finds it acceptable and recommends approval but does add this approval is only for the lot split of land that anyother use of the property will need to follow all that are applicable City Ordinances. Ms. Fechter adds that Mr. Doyle is aware that the remainder parcel that one of them is totally in the flood plain and there many obstacles he would have to go through if he were to build on it. Mr. Doyle says that yes he is aware of that. A motion was made by Mr. Malloy, seconded by Mayor Jensen to approve taking a acre parcel and splitting it into 2 new parcels leaving Parcel A with acres and Parcel B acres located at 3790 Williams Court. The vote was: SWENSONS-FIRST PRESENTATION-FINAL DEVELOPMENT PLAN Josh Seiber of Swenson is requesting approval of the site plan for a new 1,711 sq. ft. Swensons Curb Service Restaurant to be located at Main Street. Ron Diem, Vice President of Real Estate for Swensons, Josh Seiber, Senior Construction Project Manager, Consultants, Robert Cash with Cardno Engineering and Bree Carlson with Starr Design. Ron Diem tells a little about the company. Swensons is an 84 year old company headquartered in Cuyahoga Falls, with 8 existing restaurants. They are a drive in restaurant, there are no tables or seating in the building. Mr. Diem says the building is primarily all kitchen where food is prepared and then they have curb runners who take the food from the building to the customer s cars. Ms. Fechter says they will be located on the southeast corner of Middle and Main behind Salvation Army. Robert Cash says the building is centered in the middle of the site and the cars will access off of Main Street into the existing driveway and there will be a right in, right out only access drive off Middle. Mr. Cash says the way the parking is laid out, all the activity is at the car and explains how the cars are to park in what parking area so the restaurant knows when service needs to be provided and how the process works. Mr. Cash says ADA parking is provided, restrooms are located in the rear with all the service area up front and the drainage and utilities are there for the site. Bree Carlson says that porotype they have developed as the style of the building is meant to be retro and iconic and noticeable. Ms. Carlson says there is a red metal roof, white brick made in Canton and bringing in navy blue which is the curb server s colors. Ms. Fechter says that on the north side that faces Main Street there is a large easement for the Utility Department and they have gone through getting approval from the Utility Department to allow them to put parking on the easement and agreed if we have to do any work, we dig and replace with stone but they are responsible for the final fix and they are ok with that. Mr. Cummins says engineering have reviewed the plans and calculations to be acceptable and would recommend approval. Mr. Malloy wants confirmation that there is no drive thru and Josh Seiber confirms there is not a drive thru, it s a drive in with no speaker boxes or things like that. Mr. Diem says one thing that is unique is to be a curb runner, they need to be a college student, showing proof of enrollment, maintain a 2.75 GPA showing grades every semester and they are permitted to take one semester off during the four years if they stay employed with Swensons but once one graduates they move on. Ms. Fechter adds the President and CEO started as a curb runner. Ms. Carlson says some call it dinner and a show. You pull up and a person is running out and the store front is glass so you can see everything is going on inside the building as well. Mr. Malloy asks to see the traffic flow again and it was shown on the drawing and it was explained they are not like the fast food places the average time spent is 33 minutes which helps avoid any traffic back logs. Ms. Fechter adds they did get a variance from BZA for a 14 parking setback. Josh Seiber shows how they will access the drive between Firestone and they pull into their site. Mr. Gasior asks if this is seasonal and it was confirmed no, they are open Sunday thru Thursday 11AM-12AM, Friday and Saturday 11AM-1:30AM open year round except

3 five days. Mrs. Holtzmeier says they have a great reputation and there are a lot of people that would be happy to have them in Avon and so are we. Mrs. Holtzmeier asks about the street names and their location, Ms. Fechter explains it Middle and Main and it was shown on the map to clarify. Mrs. Holtzmeier says by the Salvation Army there is a little road area with a chain and asks if that is an emergency entrance and Mr. Dudziak says no that is how it was made and Ms. Fechter says there are no plans to extend that. She asks if there are any concerns with the right in and right out and Mr. Cummins says no it is preferred instead of having people trying to make the left, this works well with the flow of traffic from both ways and the driveway has a light which could help. Mrs. Holtzmeier is happy to hear their curb side service actually has curbs and asks how many people they will be employing. Mr. Diem says the busiest day in Akron they will have 15 people in the kitchen and then 7-8 curb runners so close to that. Mr. Diem says statistically 60% of the business is during the lunch and 40% is dinner or later. A motion was made by Mr. Malloy, seconded by Mayor Jensen to approve the site plan for a new 1,711 sq. ft. Swensons Curb Service Restaurant to be located at Main Street. The vote was: AYES All. The Chair declared the motion passed. PLANET FITNESS-FIRST PRESENTATION-FINAL DEVELOPMENT PLAN Todd Reyling of Reyling Design & Consulting is requesting approval of the site plan for a new 27,820 sq. ft. Planet Fitness building to be located within Chester Road Subdivision #2, Sublot 8 on the south side of Chester Road. Toddy Reyling, engineer for Planet Fitness and they are proposing a new Planet Fitness as they are part of the Jacobs Group overall development on 4.4 acre new developed ground. Mr. Reyling says it s at the intersection of Jaycox and Chester but it south closest to I-90. The proposed building is 21,000 sq. ft. on the first floor and 6,800 on the second floor with 217 parking spaces with handicap parking. Mr. Reyling says this is a two phase project and the Jacobs Group is doing the first phase with the utilities, storm water management and ground work. Mr. Reyling says their main access is off of Jaycox and the Jacobs Group will put in a connector to Chester Road. Mr. Cummins asks that Mr. Cummins state on the record that the second drive will be open prior to the facility opening. Mr. Frey says that a few months after they start construction their goal is to get the work done and will have it open prior to Planet Fitness opening. Ms. Fechter says she will be asking this to be first presentation. There have been discussion with utility tap in and what was going to be done on the site from last month s Chester Road Subdivision which put Mr. Reyling in a disadvantage to get the information he needed. Mr. Reyling says Planet Fitness likes to be open before the beginning of the year for memberships and they hope to start in June with a December opening. Ms. Fechter asks what the hours are and Mr. Reyling says they are 24 hours, 365 days. Mr. Dudziak says he knows this has been brought up multiple times but he is concerned about the Jaycox Road drive. Mr. Dudziak says he hopes we don t but is afraid there will be accident due to the proximity of the intersection and possibly have some signage to keep people aware. Mr. Frey says they did a traffic study originally and it anticipated this use and according to the traffic engineering that exiting traffic could have been delayed so they moved the drive back a bit by extending the culvert. It was determined it will be about the 300 feet from the southern curb on Chester to the center of the drive on Jaycox and Ms. Fechter says the code requires 100 ft. so they are well within what is required. Mr. Frey says it s important that all the projects move and fit well. Mr. Cummins says they are still working the site prep package details and that has delayed the Planet Fitness site work as well. Mr. Cummins says both sets of plans have been coordinated and are in for review and they have not had the opportunity to review yet. The Chair declared this to be First Presentation and will be voted on in the May Planning Meeting.

4 REFERRAL TO COUNCIL FIRST PRESENTATION AMEND PLANNING AND ZONING CODE Per Article, VII, Planning Commission (D) Mandatory Referral of the Charter, Avon Planning Commission is recommending Council approval amending The City of Avon, Ohio Planning and Zoning Code, Industrial District Regulations, Section (f)(5) Schedule of Permitted Uses to include indoor. Ms. Fechter says we have had someone inquire lately in regards to gun ranges which made us look into the code and make things a little clear. In M-1 and M-2 a gun range was permitted and you could tell by the description it was an outdoor. Ms. Fechter says she has worked with Mr. Gasior and they want to add a section that specifies indoor gun ranges will be permitted in M-1 and M-2 zoning district and an outdoor gun range would be permitted with a Special Use Permit in M-1 and M-2 following same provisions in the code. Ms. Fechter says we needed to add more clarity to the code. Mayor Jensen says he has had a lot of discussion with Avon Lake in regards to our outdoor gun range as have their residents and wants to know if there is a capacity that the City has to outlaw outdoor gun ranges because of the noise. Mayor Jensen says we have been very careful about not allowing things but can we make it not a permitted use because of some of the complaints. Obviously we would keep what is existing as grandfathered but moving forward there is a lot of push back given things going on in the country. Mr. Gasior says he wants to clarify the way the code is now, the proposed change is to add the word outdoor in front of rifle ranges so it would then become a Special Use. Mr. Gasior says we have provisions in the Special Use section which is being amended to make outdoor a special use and then add another line to allow indoor ranges. He continues to say indoor they are self-contained and to the Mayors point, (ff) there are only a few conditions that are place on the outdoor range. Mr. Gasior says if you wanted to prohibit it, you can just put outdoor ranges, take away the Special Use designation and leave it blank-anything left blank is prohibited. Mr. Gasior continues to talk about the general section in the code in the Commercial District that talks about outdoor and indoor recreation. The discussion was could a gun range go into the Commercial District in that section and they have interpreted the code and since there is a section that specifies ranges being permitted in M-1 and it was determined we will not be allowing gun ranges in a commercial district and if you want to prohibit in the industrial area you can do that too. The big thing is the indoor range as someone has brought it to our attention. Mr. Gasior continues to say if an indoor range being a permitted us we didn t think there would have to be a lot of regulations on it, no noise or shot factor it would be treated like any commercial building. Mayor Jensen says if the Commission decides to move forward can we do it at the same time and leave it blank with the outdoor and Mr. Gasior says if the commission decides that, we can do that. Ms. Fechter says in the industrial zoning section it lists few items that are prohibited we could add it to the list to make it clear. Mayor Jensen says if its things we have seen, the indoor would be ok but with the outdoor we would like to cut it off and doesn t think there are any positive reasons to have the outdoor range. Mr. Gasior says with the compose they made it a prohibited use and did that in part 8 and added a chapter to talk about it there. Mr. Gasior brings up if someone wants to establish an archery area outdoor, that wouldn t make a lot of noise so you have to see if that would be prohibited, and there are things to think about. Mr. Gasior says you could create a chapter and reference the code and prohibit it per Section 828 and that would pass without three readings and Mayor Jensen makes that recommendation. Mr. Malloy says land use would be M-1 and no commercial and it was confirmed yes. Mr. Gasior says that is what he is saying if you put it in another Chapter, it would be prohibited in the City no matter where and whatever is here would be grandfathered. Mr. Malloy says he agrees with the Mayor and he doesn t want any outdoor. Mr. Gasior says putting it in another Chapter is eliminates an argument that it could not be included under outdoor recreation. Mr. Fitch asks what is the status of the one on Williams Court it was determined that has disbanded and Red Tail owns that land. Little discussion is the one outdoor would be the City s on Schneider Court. Mrs. Holtzmeier says a while ago there was archery somewhere off of Chester Road. Mrs. Holtzmeier confirms the only one existing is the City and she would support changing the language that we are not allowing any new outdoor ranges as it makes sense. Mrs. Holtzmeier says as for indoor she would like to see more

5 clarity in the work facilities as there are some gray area. Mr. Gasior says that section will go away because that was only for outdoor to clarify but will eliminate it completely as the outdoor range will not be special use, indoor will be permitted in industrial District. Mr. Gasior says it s confusing with referencing different areas but he will draft it so it s clear. Mr. Schneider says indoor ranges are usually confined to hand guns and have to meet a lot of regulations and says outdoor ranges should be eliminated as rifles shoot farther that what the setback requirements could be. A motion was made by Mr. Malloy, seconded by Mayor Jensen of the amendment to section (f) (5) to insert the words indoor gun ranges and amend from Special Use in M-1 and M-2 and insert the letter P to indicated Permitted in both of those districts. The vote was: AYES All. The Chair declared the motion passed. REFERRAL TO COUNCIL FIRST PRESENTATION AMEND PLANNING AND ZONING CODE Per Article, VII, Planning Commission (D) Mandatory Referral of the Charter, Avon Planning Commission is recommending Council approval amending The City of Avon, Ohio Planning and Zoning Code, Section (cc) and (ff) to add Outdoor. A motion was made by Mr. Malloy, seconded by Mayor Jensen the Commission recommends to Council for approval of the amendment to eliminate any references to (cc), (f) and to insert into the Codified Ordinances of the City of Avon a prohibition on outdoor gun ranges. The vote was: AYES All. The Chair declares the motion passed. Ms. Fechter asks about archery and Mr. Gasior says that if that comes in, it could go under indoor/outdoor recreation. Mr. Fitch inquiries about cross bows as how far they can go and Mr. Schneider says the cross bows aren t as accurate and up to about 100 yards. Mr. Gasior says there is a commercial recreation indoor/outdoor in the Industrial District and it s listed as Special Use so if an archery range wants to come in, it would fall under the Special Use provisions that helps with regulations. COMMENTS ADJOURN A motion was made by Mr. Malloy, seconded by Mayor Jensen to adjourn. The vote was: AYES All. The meeting was adjourned at 8:00P.M.