MINUTES OF THE PUBLIC HEARINGS HELD ON WEDNESDAY, JULY 19, 2017 IN COUNCIL CHAMBERS OF CITY HALL SETON DRIVE SUBDIVISION PRELIMINARY PLAT FOR A NEW 22 HOME SUBDIVISION TO BE LOCATED ON THE SOUTH SIDE OF DETROIT ROAD AND NORTH ON THE EXTENSION OF SETON DRIVE. The public hearing was opened by Chairman Carolyn Witherspoon at 7:00P.M. Tim Dean of Pulte of Homes explains they are excited to come back to Avon, it s been awhile. The location is south of Detroit Road by Middleton Road. Mr. Dean says this property is zoned R-2 which has the ability to have 2 family units. Mr. Dean says they looked at the duplex plan which would give them 30 units and did some market research and realized that is not the plan they wanted to go with, they wanted to continue the single family home feel for the area. Mr. Dean says this plan originally started out with 23 lots but they lost one lot due to the set back off of Detroit Road. Mr. Dean continues to say this plan meets code and no variances will be needed. He says there is a curve in the road which they hope to slow down traffic as it extends Seton Drive to Detroit Road. There being no further questions or comments, Chairman Witherspoon closes the public hearing at 7:03P.M. MINUTES OF THE REGULAR PLANNING COMMISSION MEETING HELD ON WEDNESDAY, JULY 19, 2017 IN COUNCIL CHAMBERS OF CITY HALL Present: Mary Berges; Bill Fitch; 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-JUNE 21, 2017 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 June 21, 2017 and to approve the said minutes as published. The vote was: AYES All. The Chair declared the motion passed. CORRESPONDENCE ADDITIONS/DELETIONS SETON DRIVE SUBDIVISION-FIRST PRESENTATION-PRELIMINARY PLAT Tim Dean of Pulte Homes of Ohio is requesting approval of the preliminary plat for a new 22 home subdivision, Seton Drive Subdivision to be located south of Detroit Road and north of the extension of Seton Drive. Tim Dean of Pulte Homes gave the Planning members a binder of the products that they offer ranging from 2700-3500 sq. ft. with a price between $450,000-$500,000, that includes the base, plus the options and lot premiums. Mr. Dean shows some pictures and says that this subdivision will all have side load garages with a lot of brick and stones on the front of the homes. Mr. Dean says the product is a little higher than Bentley because of the size of the lots and they can put in the side load garages. Ms. Fechter says the City did ask for a traffic study for this project and it came back but it was sent out for independent review. Ms. Fechter continues to say that Mr. Dean and Mr. O Connor are aware that there will be no vote tonight, it will be the first presentation. Ms. Fechter says they wanted to come show what
they were proposing, get any feedback and see if the residents had any issues so they can answer them. Mr. Cummins says they have reviewed the plan and provided some comments and says some of the property lines are not radial to the right of way. This issue has come up in a couple other developments and if the lay out of the lots is acceptable to the Planning Commission, they will have to give that modification approval with the vote. Mr. Cummins says the traffic study is out for review and will continue to work with the applicant to get things addressed. Mrs. Berges asks if there will be model homes. Mr. O Connor says yes, most likely it will be the lot on the corner near the Detroit Road entrance. Mr. O Connor says they will have a one lot hold off next to the model to allow for parking for the model. Mr. O Connor says they have initiated discussion with the adjacent neighborhood about joining this to the existing Bentley Park Homeowners Association. Mr. O Connor says they have excellent discussions and they will take some of the signature elements that have been established in Bentley and continue them down the road. Ms. Fechter asks when those conversations will be completed. Mr. O Connor says they will be ongoing, as they need to get approval first. Ms. Fechter says the reason she asks is, if you get preliminary approval and when you move into final approval, we would like to see the HOA covenants with that submittal. Becky Martin, 2525 Seton Dr. says her house is right at the end where the new section will go. Mrs. Martin says as a mom and she thinks she speaks for a lot of parents on the street, that one of her biggest concerns is the flow of traffic coming through. Mrs. Martin says she has seen some streets within Bentley that look like speedways. She has lived on a dead end street for the last 9 years and wants to know what can be done to keep the traffic and speed to a minimum. Mrs. Witherspoon asks if that is something the traffic study will cover. Mr. Cummins says the traffic study will touch on that somewhat but it becomes an enforcement effort. Rob Burkett, 2628 Seton Dr. wanted to validate the point that they have reached out to the HOA and have been very transparent with their plans and did reach out to the adjacent home owner s and have been cooperative in sharing information. Mr. Burkett says as Mrs. Martin indicated there is a concern of the residents who live there for a number of years with the street opening up. Mr. Burkett said they always knew the street could open and they(pulte) seem invested in that community and keeping with the esthetics of the existing neighborhood. Brad Petrella, 2584 Seton Dr. says this may come out later in the traffic study but at the intersection of Middleton and the new street, there should be a traffic signal at that intersection. Mr. Petrella says his feeling is the entire neighborhood will us that drive to get to any point north and feels that will be a busy drive. Mr. Petrella says he wouldn t be surprised if the school buses make their way down that street as well. Mr. Petrella says the caution is the kids, the parents are educating the kids as they have been able to use that area for so many years. Mr. Petrella says the bend in the road, is just that, and he doesn t think it will have a big impact of slowing the traffic. Mr. Cummins says they have had discussions with the developer about the traffic signal requirements and that is one of the items that will be worked on over the next month prior to the plan being voted on. The Chair declares this first presentation. Pam Fechter says to the audience for Seton Drive, the residents will not get another public hearing notice as it was done tonight and reminds them the next meeting is the third Wednesday of the month at City Hall.
CANINE COUNTRY CLUB-FIRST PRESENTATION- MINOR MODIFICATION Jill Brandt of Brandt Architecture and Steve Schafer of Schafer Development are requesting approval of the minor modification to include a 4,602 sq. ft. building addition to include a pool and indoor and outdoor exercise area for dogs to be located at 33900 Lear Industrial Parkway. Jill Brandt of Brandt Architecture says Canine Country Club will be a country club for dogs with a pool, walking track, training room, wash room, large fenced yard for outdoor play for dogs and their owners. Ms. Brandt says they are proposing to add a 60 x80 structure onto the existing building. Ms. Brandt says they will be matching the materials of the existing and will be changing the front entry by adding a canopy and some stone to add a more friendly area. Ms. Brandt says they are changing the parking in the front and adding some parking and a secondary curb cut to better utilize the front area. The fence in the back will be a 4 tall chain link with the slats between the chains and landscaping will added to the front. Ms. Brandt continues to say at the 11 hour they threw some cost estimating and they would like to propose as a change by extending the building about 19 to the west still within the setback. Ms. Fechter does confirm it was later this afternoon the expansion had come in and she would like to request a contingent approval so the utility department can review the changes. Mr. Cummins says they have reviewed the plans submitted prior to the expansion and with the expansion, they would like to have the plans updated and they will do a quick review and would request a contingent approval. Mrs. Berges asks if there is something in the existing building now. Ms. Brandt says currently there is a limo business. A motion was made by Mr. Malloy, seconded by Mayor Jensen to suspend the rules. The vote was: AYES All. The Chair declared the motion passed. A motion was made by Mr. Malloy, seconded by Mayor Jensen to approve the site plat for the minor modification to include a 4,602 sq. ft. building addition to include a pool and indoor and outdoor exercise area for dogs to be located at 33900 Lear Industrial Parkway contingent upon final engineering and utility review. The vote was: AYES All. The Chair declared the motion passed. MARKETPLACE BUILDING 7-FIRST PRESENTATION-FINAL DEVELOPMENT PLAN Stu Friedman of Avon 83 LLC and Kevin Hoffman of Polaris Engineering are requesting approval of the site plan for a new 4,056 sq. ft. divisible retail building to be located at 35516 Detroit Road The MarketPlace of Avon. Kevin Hoffman of Polaris Engineering explains they were here last month for the lot split for this building. Mr. Hoffman says this is the last building and will be 4,056 sq. ft. with the addition of 6 parking spaces. Ms. Fechter says the way the drawing is presented, we are good with parking but as the use comes in there will be a verification of the parking to make sure it s all good. An updated parking plan was submitted throughout the shopping area. Stu Friedman says to update the Board, they are in some conversations with a dentist so one of those spots could be used as a dental office. Stu Friedman confirms again this month, there will be no restaurants! Mr. Friedman says they are doing this as, if you build it, they will come. Mayor Jensen asks about open day of the Melt. Mr. Friedman says early fall, Mr. Meyer says end of August. Mr. Friedman also adds the Melt will but utilizing the pillars that are located on the banks property for signage. Mr. Cummins says they have reviewed the drawings and would recommend approval. A motion was made by Mr. Malloy, seconded by Mayor Jensen to suspend the rules. The vote was: AYES All. The Chair declared the motion passed.
A motion was made by Mr. Malloy, seconded by Mayor Jensen to approve the site plan for a new 4,056 sq. ft. divisible retail building to be located at 35516 Detroit Road The MarketPlace of Avon. The vote was: AYES All. The Chair declared the motion passed. AVON POINTE-SECOND PRESENTATION-GENERAL DEVELOPMENT Kevin Hoffman of Polaris Engineering representing Shaun Brady of Brady Cam 1, LLC is requesting approval of the general development plan for Avon Pointe located on the south side of Chester Road. Kevin Hoffman of Polaris Engineering says this was tabled last month for engineering to review the traffic study. This plan is to show the extension of American Way out to Chester Road. Mr. Hoffman says the landscape buffer will be behind the Rothman residents. Ms. Fechter says there is some vegetation but they will still need to put up a buffer which is the fence, with in and out parking, they want to protect the residents. Mr. Cummins says this will be a private street and has reviewed the plans and find them acceptable. Mr. Cummins says the traffic study was submitted and reviewed independently and says most of the traffic will likely be coming from the interchange and will go down the first intersection. Mr. Cummins says he did ask for some supporting materials for the traffic study to be provided and have not received all of that and would ask for a contingent approval subject to finalizing the backup information from the traffic study. A motion was made by Mr. Malloy, seconded by Mayor Jensen to approve the general development plan for Avon Pointe located on the south side of Chester Road contingent upon traffic study back up information submitted. The vote was: AYES All. The Chair declared the motion passed. AMERICAN WAY EXTENSION-SECOND PRESENTATION-FINAL DEVELOPMENT PLAN Kevin Hoffman of Polaris Engineering representing Shaun Brady and Brady Cam 1, LLC is requesting approval of the site plan for the extension of American Way to Chester Road. Kevin Hoffman of Polaris Engineering says this is the engineering plans for the road extension. Mr. Cummins says as he just spoke about, he is good with everything, it is a private street and he would like to have the traffic study materials as the contingent on the general development should make sure they get them. A motion was made by Mr. Malloy, seconded by Mayor Jensen to approve the site plan for the extension of American Way to Chester Road. The vote was: AYES All. The Chair declared the motion passed. BURKE PROPERTY-FIRST PRESENTATION-GENERAL DEVELOPMENT PLAN Kevin Hoffman of Polaris Engineering and Ed Pavicic of Edward s Financial Group, LLC are requesting approval of the general development plan for an Office Building and Storm Water Management Basin to be located on the north side of Avon Road and a 10 subdivision to be located on the south side of Avon Road. Kevin Hoffman of Polaris Engineering says they did bring this before Planning for a zoning change on the northwest quadrant to office a couple months ago. Mr. Hoffman says they would like to the subdivision detention basin first and since this is a multi-faceted plan. Ms. Fechter says this is an unusual situation as there is a commercial and residential component together. Ms. Fechter says she asked for the general development plan as it will be the same developer is going to be doing the whole area and it will all work together. Mr. Cummins says they have reviewed the plat for the residential portion in particular and there are some items, one being the non-radial lines. If the Commission finds the lay out ok, they would have to grant the modification for those lines. Mr. Cummins says there are some areas that the
storm sewer easements are shown and the administration would like to see those be dedicated blocks. Mr. Cummins says the plan makes reference to a proposed regional detention basin and he wants to make it clear that it s the administrations point of view, it would be maintained by someone other than the City of Avon. Mr. Cummins says there are some minor survey comments they would like to see those addressed as well and have been provided to the applicant. Ed Pavicic says he adds that he believes the retention basin goes for 252 or 292 acres and they have approximately 11 acres of that. Mr. Pavicic says he would like to discuss the maintenance of the basin as he had the intention of turning it over to the City. Ms. Fechter says she did take the information of the City taking ownership of the basin and at that time, they had no desire to take ownership. Ms. Fechter says more discussion would need to take place to see what the benefit is to the City as to incur the expense and liability of having that basin. Mr. Pavicic says from the liability stand point, with commercial aspect of the building going on the one lot, he has some flexibility of helping dollars to help with the expense but he says to have it on his taxes. By dedicating it to the city it makes it more tax effective. Mr. Pavicic says from the maintenance stand point, it could be a low maintained property. Mr. Fitch asks if this is dry retention. Mr. Hoffman says no, it is wet retention now. Mr. Fitch asks what the depth of the pond will be. Mr. Hoffman says right now, just 4 feet, as they don t want to go any deeper than that as if deeper that is more fill they would need to pull out. Mr. Hoffman says from their experience a wet basin is more functional and less maintenance than a dry basin. Mr. Pavicic says that insurance policies for him as a developer is not expensive and says this could be open for further discussion. Mr. Fitch says he thought it would be easier to maintain a dry basin instead of have 3-4 feet of water. Mr. Hoffman says it use to be before water quality came about but with the water quality aspect of this even the EPA recommend wet basins. Mr. Cummins adds that this is in an area that has been noted to historically have flooding and having a wet basin would give you the opportunity to have more flood storage per acre of land. Mr. Cummins says there is some benefit to the wet as it can store more water and that is a point of knowledge and not something to sway you. Mrs. Witherspoon asks is the basin going to be done in conjunction with the development, the housing development. Mr. Cummins says the proposal is to construct all three of those and it would have to be structured that the basin is the first thing that needs to be built. Mr. Dudziak asks what the size of the basin is and it s confirmed about a football field and a half. Mr. Pavicic says it maintains large areas, it doesn t solve all the problems of that area but it greatly helps. Mr. Hoffman says there will be a safety fence around the basin as well. Mr. Pavicic says he can give more details if he would like them. Mr. Pavicic says the biggest challenge was to figure out what they can do to help handle the water and help the residents in the area. Mr. Pavicic says there is a spill over on the basin that it goes into an ODOT trench between the highway and the back portion of the parcel. Mr. Cummins clarifies the item they are speaking about is the general development plan and they also made submission for final plans. Mr. Cummins continues to say he is not prepared to give recommendation on the final plans as of yet. Calculations have been submitted and are under review, plans have been submitted and are under review along with coordination with ODOT, Army Corps all that needs to be worked out in final plans. Mrs. Witherspoon asks Ms. Fechter to confirm that she wants the basin, the C-2 and the housing development all in the general development plan. Ms. Fechter says yes as with the basin being designed for the commercial and the residential plan. Mayor Jensen says he knows some of the residents along Avon Rd have asked Mr. Pavicic to close their ditch and there was a discussion that you could possibly do that and asks if it has gone any further. Mr. Pavicic says they reached out to them last week and did offer that and has no problem filling the ditch in and add some mounding. Mr. Pavicic says the feedback he received from the residents is more concerning past owners of the property and some boundary issues. Jerry Keeling, 32953 Avon Road says that someone called him and said something about the property in the back. Mr. Keeling says the property in the back has to be amended to show the extension of his lot from the previous owners. Mr. Keeling says he has a document showing that his neighbor got her 50
recorded right away and they didn t know that, he says they should have that property. He continues to say someone asked if he wanted to buy it and Mr. Keeling responded, he already owns it and has documentation and the deed. Mr. Keeling says Rubin and Ron are owed the 50 as well. Mr. Pavicic says they have had this conversation and one of the things he comes across is for the subdivision is lots are required to be a certain size. Mr. Pavicic says he has given land to people before but he currently doesn t own that land, it s under contract. Mr. Pavicic says if he does give land that could affect his lots and says this isn t really a planning issues, it s a title issue from the past owner. Mr. Pavicic says he could give access easements to allow them to use the property but not own it. Mr. Keeling says he maintained this property for 39 years and he doesn t see any issue of what they are doing in the back of the land, but he says they have to have that 50 titled and recorded in his name. Mayor Jensen asks what about the front yard. Mr. Keeling says it s the biggest ditch in Avon! Mayor Jensen says Mr. Pavicic is suggesting filling it in or covering it. Mr. Keeling asks if he is going to put a lateral and Mr. Pavicic said he would yes. Mr. Keeling asks how long this would be. Mr. Pavicic says if this gets approved it could be the spring and he would work with the 4-5 neighbors. Mr. Keeling says he hopes things go well for Mr. Pavicic but he also wants things done right for them too. Ruben Garcia, 33017 Avon Road says he s only lived here for 20 years and he did not have the opportunity to come and sign papers when they did and he wishes he had. Mr. Garcia says his back yard only goes 15 and when the builder who built his house took dirt and made a hill. Mr. Garcia says during the winter and when it rains, he has ducks in the back and wants to know who is going to fix that. Mr. Garcia says give him that opportunity and give him that property and he will do something with it. Mr. Garcia continues to say he can t even put a shed in his back yard and has one car in the garage because it s to cluttered, he s just asking for 50 feet. Olga Garcia, 33017 Avon Road says when they purchased the house they were told at that time that the 50 was given. Mrs. Garcia says the neighbors on the left went and registered the land and the others did not. Mrs. Garcia says you can t do anything because it goes into that 50 and she is asking is that the neighbors have the 50 because they went and took care of the document. The 50 was given to the four people who lived there and they are stuck and would like that 50 feet. Mr. Pavicic asks Mr. Hoffman if they approve this plan with the 50 off the lots would it still work. Mr. Hoffman says he would have to look into it. Mr. Pavicic says if he looks at it right, if he grants them 50 and gets a modification of the lot, it could be a good trade off, he just wants to see people happy if possible. Mr. Pavicic says he was not associated with what happened in the past. Ms. Fechter says that is something they can try to adjust and see what we are allowed by variance. Chairman Witherspoon asks with all this discussion, are we going to do a first presentation. Ms. Fechter say yes, that within the next week or so Mr. Hoffman can get working on the plan to see what he comes up with and then we can see if a variance would be needed and see how the law director feels they should proceed. Chairman Witherspoon declares this to be first presentation. SHIRE GLEN SUBDIVISION-FIRST PRESENTATION-FINAL PLAT Kevin Hoffman of Polaris Engineering and Ed Pavicic of Edward s Financial Group, LLC is requesting approval of the final plat and the recommendation to Council for approval to create a Subdivider s
Agreement for Shire Glen Subdivision a new10 home subdivision to be located south of Avon Road and east of Nagel Road. Kevin Hoffman of Polaris Engineering says this is basically the plans for the subdivision and the storm water basin. Mr. Cummins says that the changes are happening to the preliminary plan and those would have to be reflected on the final plans and would have to be reviewed. Mr. Cummins says the calculations review is ongoing and if any changes are made those would have to change the calculations as well. Mr. Cummins says there is a quite a bit to do as noted and he says it s been very clear to the developer that this is a tough area to develop as there are some historic issues there and they want to make sure the proposal is the best possible for the area. Mr. Dudziak adds that when they do the final please look at the water, when there the flooding, it is significant. Mr. Dudziak says obviously with the retention it s going to help but the area where the homes are to be built, it floods. Mr. Pavicic says he is doing the best he can to find a good solution for everyone. Chairman Witherspoon declares this to be first presentation. HIGHLAND PARK SUBDIVISION PHASE 20-SECOND PRESENTATION-FINAL PLAT Dale Haywood of KS Associates representing Gary Smitek is requesting approval of the final plat and the recommendation to Council for approval to create a Subdivider s Agreement for Highland Park, 31 new homes, Phase 20 located south of Wendell between Truxton Place and Gatwick Drive. Dale Haywood of KS Associates says that they met last month and they needed to determine what they were going to do with the storm water run-off. Mr. Haywood says he came to the conclusion that it is going to work within the boundaries of this subdivision in an area set aside called block B. Mr. Haywood continues to say with the cooperation of Pam and Ryan s office working back and forth he had a trial and error process and determined this is the best solution. He says all the other components of the project remain the same with lot sizes and such. Mr. Cummins says they did review the plans and there was some back and forth and he appreciates Mr. Haywood s efforts for coming up with a good solution. Mr. Cummins says he has reviewed the calculations for the storm water management and find those to be acceptable. Mr. Cummins says the improvement plans are acceptable but there are some small paper work details hanging out like the operations maintenance agreement for the water quality basin as well as formal approval from the adjacent Homeowners Association as they are modifying an existing basin that is owned by the HOA. Mr. Cummins says subject to those items being provided, he would recommend approval contingent upon engineering receiving those last details. Ms. Fechter says staff is satisfied and guard rails will be at the end of the road and a sign that will say this road is subject to future extension. Mrs. Witherspoon asks if there will be a place for them to turn around or back around and Ms. Fechter says because of the limited amount of roadway, it does not require a turn around. Mr. Fitch asks about the over flow of water and what way it will run. Mr. Haywood says it will run north. Mr. Fitch says to the main retention area that was there and Mr. Haywood yes correct, no changes have been made. A motion was made by Mr. Malloy, seconded by Mayor Jensen to approve the final plat and recommend to Council for approval to create a Subdivider s Agreement for Highland Park, 31 new homes, Phase 20 located south of Wendell between Truxton Place and Gatwick Drive contingent upon engineering receiving final documents. The vote was: AYES All. The Chair declared the motion passed. COMMENTS
ADJOURN A motion was made by Mr. Malloy, seconded by Mayor Jensen to adjourn. The vote was: AYES All. The Chair declared the motion passed. The meeting was adjourned at 8:08P.M