City of Aurora PLANNING COMMISSION MEETING MINUTES February 15, 2017

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1 City of Aurora PLANNING COMMISSION MEETING MINUTES February 15, 2017 The Aurora Planning Commission met in a regularly scheduled meeting on Wednesday, February 15, 2017, in Council Chambers of Aurora City Hall. The meeting was called to order at 7:35 p.m. by Planning Commission Chairman Kathi Grandillo. ROLL CALL: Present: Laura Duguay Peter French Sarah Gilmore Kathi Grandillo John Kokinchak Also Present: Denise Januska, Director, Planning, Zoning & Bldg. Division Dean DePiero, Law Director Justin Czekaj, City Engineer Jack Burge, Director of Economic Development Harold Hatridge, Councilman, Ward Six Corinne Craine, Commission Clerk Mr. DePiero swore in those in attendance who wished to speak this evening. AMENDMENTS TO AGENDA & SUBMISSION OF SUPPLEMENTAL INFORMATION To accept the resident letters and the documents from FMD Architects as supplemental information for the Aurora Animal Care Center application Mr. French moved; Mrs. Duguay seconded, and the motion carried, 5-0, on a roll call vote. APPROVAL OF MINUTES: To approve the meeting minutes of January 18, 2017, as submitted Mrs. Gilmore moved; Mrs. Duguay seconded, and the motion carried, 5-0, on a roll call vote. Yeas: Mrs. Gilmore, Mrs. Duguay, Mr. French, Mr. Kokinchak, Mrs. Grandillo AGENDA ITEMS: Aurora Animal Care Center, Rt. 43 & Sycamore Drive Conditional Zoning Certificate / Veterinary Clinic & Boarding Kennel ( ) The applicant, Dr. Ellen Imhof of the Aurora Veterinary Clinic, 46 S. Chillicothe Road in Aurora,

2 MEETING MINUTES PAGE 2 and the project architect, Mark Moore of FMD Architects 2841 Riviera Drive, Fairlawn, Ohio, were present for the discussion. The applicant is seeking a conditional zoning certificate (CZC) in order to use the property as a veterinary clinic and boarding kennel. This facility would be located at Route 43 and Sycamore Drive which is in a Planned Development (PD) District. Mrs. Grandillo noted that they just heard from the applicant and her architect at the public hearing about the proposed clinic and boarding kennel. She then asked the members for questions. Mr. French wanted more information about the dog runs. Mr. Moore explained that there would be approximately fifty indoor runs. The facility would not have any outdoor runs, but instead, there would be two outdoor areas with privacy fencing which would be used as exercise and play areas for the dogs. When the dogs are outside, they would be supervised by an attendant and the dogs would not be left alone to bark. This play time would occur three times a day for about thirty minutes each time. The play areas would have K-9 grass which is an artificial turf with a sprinkling and draining system. This would help to keep the outdoor areas clean and free of waste and odors. Mr. French had some questions about the staffing at the boarding kennel. Dr. Imhof stated that the kennel staff would be supervising animals during business hours, but there would be no one on-site after hours. Instead, the kennels would be supervised off-site with camera monitors. Additionally, the whole facility would have fire alarms and smoke detectors. Mr. Kokinchak had some questions about traffic and hours of operation. Dr. Imhof said that the clinic would see about fifty clients on the very busiest days. The clinic is open 7:30 a.m. to 8:00 p.m. and so the clients are spread out throughout the day. The clinic is open Monday through Saturday and the boarding kennel is open every day with limited hours for drop-off and pick-up of the animals. Mrs. Grandillo asked whether the property had already been purchased. Dr. Imhof said that they have a purchase agreement with the understanding that they get their approvals from the city. They have been looking for sites for about four years, but other sites were too expensive or too difficult to develop. Mrs. Duguay wanted to know why the entrance was located off of Sycamore Drive. Mr. Moore explained that the site was originally intended for University Hospitals and the curb-cut was already established in that location. The site also has a fire hydrant, water, and some storm drainage. Mrs. Grandillo asked for further comments or questions and there were none. To accept the conditional zoning application for study Mr. French moved; Mr. Kokinchak seconded, and the motion carried, 4-0-1, on a roll call vote. Yeas: Mr. French, Mr. Kokinchak, Mrs. Gilmore, Mrs. Grandillo Abstentions: Mrs. Duguay

3 MEETING MINUTES PAGE 3 Liberty Investment Group Ltd., Rt. 43 & Squires Road Development Plan (Auto Dealership) ( ) Liberty Investment Group Ltd., Rt. 43 & Squires Road Conditional Zoning Certificate / Auto Sales & Service ( ) Liberty Investment Group Ltd., Rt. 43 & Squires Road Tree Preservation/Clearing Plan ( ) The project architect, Ed Begue of Baker, Bednar, Snyder & Associates, 628 Niles Cortland Road, Warren, Ohio, and the general contractor, George Zampelli of G. P. Zampelli Construction, 1500 Georgetown Road, Hudson, Ohio, were present to answer questions. Also, the project engineer, James Titmas, 1865 Arndale Road, Stow, Ohio, was present. The applicant is proposing to operate a car sales and service dealership on property located at the southeast corner of Route 43 and Squires Road which is in a Mixed Use (M-1) District. The applicant is seeking approvals of a conditional zoning certificate, a development plan, and a tree preservation and clearing plan. Mr. Begue provided an overview of the project. They are proposing a new campus-style car dealership on a 13-acre parcel. There would be three separate facilities: 23,000 s.f. car sales and service dealership, 7,800 s.f. quick lube facility, and a 27,000 s.f. body shop. All of the facilities would be single-story and designed utilizing the Western Reserve style of architecture. The impervious surface area would be about 72.5% of the land and the remaining 27.5% would be green space. Mr. Begue said that the project meets all of the setback and parking requirements. Mr. French wanted to know how many parking spaces for this project. Mr. Begue stated that there would be 462 spaces and the majority of the spaces would be for new car inventory and employees. Mr. French asked about the potential runoff of oil and grease from the parking lots and how it would be contained. Mr. Titmas stated that the runoff from the parking lots would drain into a 48-hour detention basin which would handle the storm water and prevent pollution. He said that the site would have three 48-hour detention basins. Mr. French also had a question about the 30-foot easement along the rear of the property. Mrs. Januska explained that the easement would be granted to the city for future use as a public road when land to the south and to the east would be developed. Mrs. Duguay wanted to know why the detention pond is so close to Route 43. Mr. Titmas explained that detention ponds are always placed on the lowest points of the property because the storm water drains by gravity into the ponds. Mr. Kokinchak had several questions about lighting. Mr. Begue stated that an automobile dealership typically uses 20-ft. high light poles with LED lamps. The lighting plan has not been completed yet so he did not know how many poles would be on the site. Mr. Zampelli added that the lighting would be turned on during the normal business hours of the dealership. While customers are there, all the lights would be on. Once the dealership closes, the lighting would be cut back to security lighting which is considerably less. He said that

4 MEETING MINUTES PAGE 4 all of the new dealerships are using the new LED lights with directional beams so that lighting is contained on the property. Mrs. Gilmore wanted to visit a dealership that has the new LED lighting. Mr. Begue said that there is a new Ford and a new Chevy dealership in Randolph that utilizes the LED lighting. Mr. Kokinchak wanted to know whether or not this facility would have an intercom system and loudspeakers. Mr. Zampelli said that the new dealerships do not use loudspeakers or intercom systems any more, but instead, they communicate with IPhones because it is easy to text to one another. Mrs. Grandillo asked the members for further comments and there were none. She then opened the floor for public comments. George Mazzaro, 186 Eldridge Road, was in favor of the project. He was glad to see a company, like Liberty Ford, making a big investment in Aurora and he urged the Planning Commission to fast-track the project and approve it within two weeks. Mrs. Januska wanted to make some comments about the project. She said that it is the first development for the Mixed Use District and therefore there is a different procedure that must be followed. It is important that staff and members look at adjacent properties to make sure there are interconnections for future development. Also, the city is looking at new design standards so that the buildings being proposed are not just large big-box stores. Mrs. Januska explained that there are three applications on the agenda tonight. The development plan and the CZC would be accepted for study tonight. The last application for tree preservation and clearing is an attempt to help the applicant get a start on site work before the Indiana Bat season begins and, therefore, staff is recommending approval tonight. Mrs. Duguay wanted to know whether the applicant has purchased the property already. Mr. Zamprelli said that the property has a purchase agreement with Cedar Fair and the applicant has their permission to cut down trees as long as the city approves the preservation/clearing plan. Mr. French wanted to know what would happen if the Commission approves the tree clearing and then the project is canceled. Mrs. Januska explained that the landscape plan has been submitted with the tree clearing plan. If something should happen to the project, the applicant would still have to plant the trees as shown on the plan. Mrs. Grandillo noted that there are three applications to be voted on tonight. She pointed out that the CZC application requires a public hearing which would be held on March 1 st. To accept the development plan for study Mrs. Gilmore moved; Mr. Kokinchak seconded, and the motion carried, 5-0, on a roll call vote. Yeas: Mrs. Gilmore, Mr. Kokinchak, Mrs. Duguay, Mr. French, Mrs. Grandillo To accept the conditional zoning application for study

5 MEETING MINUTES PAGE 5 Mr. French moved; Mrs. Duguay seconded, and the motion carried, 5-0, on a roll call vote. To approve the tree preservation/clearing plan Mr. Kokinchak moved; Mrs. Gilmore seconded, and the motion carried, 5-0, on a roll call vote. Yeas: Mr. Kokinchak, Mrs. Gilmore, Mrs. Duguay, Mr. French, Mrs. Grandillo Homestead Subdivision, East Homestead Drive Revised Final Plat of Phase 3-Block A ( ) Homestead Subdivision, Homestead Drive Revised Development Plan ( ) The developer, Ed Wurm of Classic Homes Inc., was present for the discussion. The applicant is seeking approval for both the revised final plat for Homestead Phase 3-Block A and for the revised Homestead development plan. The Homestead Subdivision is located on Homestead Drive and is in a PD (planned development district). The original development plan was approved by the Planning Commission in Mrs. Grandillo stated that these applications were tabled at the last meeting and she asked for a motion to remove them from the table. To remove agenda items 7e and 7f from the table Mrs. Duguay moved; Mrs. Gilmore seconded, and the motion carried, 5-0, on a roll call vote. Yeas: Mrs. Duguay, Mrs. Gilmore, Mr. French, Mr. Kokinchak, Mrs. Grandillo Mr. Wurm provided an update. He said that at the last meeting, the Commissioners wanted to review the Stantec report regarding the storm water or flooding issues before taking any action. He pointed out that the staff reports have recommended approval of these two plans for some time and he would like to start on this project as soon as possible. He hoped to get approval tonight for both plans. Mrs. Grandillo commented that the Commissioners did review the Stantec report and the OHM report so the members have done their due diligence. She then asked whether the members had any further questions about the flooding issues. Mr. French wanted to know whether the Westview Drive condo owners experienced any flooding prior to the storm event of July 14, Mr. Wurm said that the first condos were built in 2006 and there were no flooding issues until the July 2015 storm event. Mr. French then asked about the ownership of pond #1. Mr. Wurm stated that the ownership was transferred to the Homestead Homeowners Association (HOA) in 2007 and since that time the HOA has been responsible for the maintenance of pond #1. It was noted that no maintenance had been performed on pond #1 until last year.

6 MEETING MINUTES PAGE 6 Mr. Kokinchak had some questions about the maintenance. Jeff Skonieczny, 450 W. Homestead Drive, who is the president of the HOA, provided some information. He stated that after the flooding occurred, the HOA hired a contractor in June 2016 to perform maintenance on pond #1, which included clearing the shoreline, removing sediment and weeds, and clearing out several inlets. He pointed out that there are no plans at this time to do a complete dredging on pond #1. Mr. Skonieczny also commented that when the HOA took over ownership, there was no real guidance about the maintenance of the storm water system, but now the HOA has budgeted for regular maintenance to be performed twice a year on the system. Mrs. Grandillo asked the members for further comments and there were none. She then opened the floor for public comments. Attorney Steve Ott of Ott & Associates Company, 1300 E. Ninth Street, Cleveland, Ohio, addressed the Commissioners. His law firm represents the Westview Condo Association who hired an engineering firm, National Construction Experts (NCX), to review the flooding issues. He then referred to the NCX report which was submitted to the Commissioners for their review. Basically, NCX determined that the existing storm water system did not function properly and, therefore, connecting eight additional homes to pond #1 would contribute to flooding on a more frequent basis. Mr. Ott said that his clients just want the storm water system to be fixed before the builder starts construction on additional homes in Phase 3. Referring to the NCX report, he said that pond #1 needs to be enlarged and the discharge piping needs to be replaced with larger piping for a faster flow rate. He stated that the repairs would cost between $120,000 and $200,000 and this expense should be the responsibility of the developer. He then asked the members to consider the interests of the Westview condo owners before taking action on these plans. George Mazzaro, 186 Eldridge Road, commented that the storm water system doesn t function properly and the developer needed to fix this problem before constructing any new homes. Ron Gadzinski, 240 Westview Drive, spoke about how the storm water system was overwhelmed during the storm of 2015 which resulted in several inches of water in his basement. He then asked the members to consider a moratorium of any new building in East Homestead until the storm water system is repaired. Sally Elvitsky, 295 Westview Drive, was opposed to the proposed new homes in Phase 3-Block A. She urged the members to stall any approvals until the developer fixes the storm water system. Greg Sotka, 195 Lookout Point, asked the Commissioners to support the citizens of Homestead by requiring the developer to make modifications to pond #1 before any new homes are tied into that pond. Frank Vitale, 298 Westview Drive, spoke about the piping used in pond #1 and provided samples of the 4 and 6 pipes that are used in the storm water system. He commented about the photos taken of the pond during a regular rain that occurred on 2/6/2017 and said that the pond flooded the inlet pipes. He said that the pond needs to be repaired before there is any more building and he asked the members for help in getting this matter resolved.

7 MEETING MINUTES PAGE 7 Mr. Wurm wanted to respond to the public comments. He pointed out that the city hired Stantec to analyze the existing storm water system and report their findings. The report concluded that the flooding was caused by a 200 to 500-year storm event and the existing system meets the city code requirements and it operates properly. He then questioned the engineering analysis of the NCX report and said that the findings are inaccurate and the report is biased. Mr. Wurm was sympathetic to the residents having wet basements and damage during the storm event, but he could not accept blame for the flooding. He commented that this is a fear-driven campaign that could destroy his reputation as a long-time builder in Aurora. He is a developer/builder who started in Aurora and plans to continue building here. He has done everything that he could to help this situation, but he could not take the blame for a 500-year storm event. Frank Vitale, 298 Westview Drive, referred to the February 6 th photos which shows pond #1 after a mild rain. He said it was clear that the storm water system does not meet the performance standards because the design is flawed. He then suggested that Mr. Wurm install sump pumps as a preventive measure for the existing Westview condos as he is now doing for the new homes. Mrs. Grandillo asked the City Engineer for his perspective on this matter. Mr. Czekaj explained that the city hired Stantec to evaluate what happened on July 14, Stantec determined that the storm water collection and management system for Homestead Phase 3 was designed in accordance with city standards. Additionally, Stantec reviewed the plans and confirmed that the system was built according to the approved construction drawings. He said that Stantec concluded that the July storm event far exceeded both the city s design standards and general industry standards for storm water management. Mr. Czekaj let the report speak for itself and he had no other comments. Mrs. Gilmore spoke of the January 12 th and February 6 th photos of pond #1 after a mild rain storm. She then asked for Mr. Czekaj s input on the photos. Mr. Czekaj explained that these ponds are designed to retain the water and then release the water at a rate that has been designed by professional engineers and he believed that the photos show that the pond was functioning properly. Mrs. Grandillo commented that this is a difficult situation, but she thought that the members all had enough information in order to vote on these plans tonight. To forward a positive recommendation to City Council for the approval of the revised Final Plat of Phase 3-Block A Mr. French moved; Mrs. Duguay seconded, and the motion carried, 5-0, on a roll call vote. To forward a positive recommendation to City Council for the approval of the revised Homestead Development Plan

8 MEETING MINUTES PAGE 8 Mr. French moved; Mrs. Duguay seconded, and the motion carried, 5-0, on a roll call vote. MISCELLANEOUS: There was none. ADJOURNMENT: Mr. French moved to adjourn at 9:21 p.m.; Mrs. Duguay seconded, and the motion carried, 5-0, on a roll call vote. Kathi Grandillo, Chairman Corinne Craine, Clerk

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