WESTLAKE PLANNING COMMISSION MINUTES OF THE REGULAR MEETING DECEMBER 4, 2017

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1 WESTLAKE PLANNING COMMISSION MINUTES OF THE REGULAR MEETING DECEMBER 4, 2017 Present: Absent: Also Present: Chairman Brad Lamb, Mark Getsay, Duane Van Dyke, Lauren Falcone Phil DiCarlo Planning Director Jim Bedell, Law Director John Wheeler, Clerk of Commissions Nicolette Sackman Discussion of agenda items and fact finding was conducted at 7:00 p.m. The regular meeting was called to order at 7:36 p.m. by Chairman Brad Lamb. APPROVAL OF MINUTES Mr. Van Dyke moved, seconded by Mrs. Falcone to approve the minutes of the regular meeting of November 13, COUNCIL REPORT None. OLD BUSINESS Westlake Elementary School (PK-4) Development Plan (playground), Center Ridge Rd., PP# to 006 & , rep. R. Blatchford, Ward 4, tabled 7/10/17, 8/7/17 playground referred to the 9/11/17 PC Mtg., tabled 9/11/17, 10/9/17, 11/13/17 Mr. Ken Damm, Lesko Architects, explained the location of the playground will be east of the school building and will be a 2,500 to 3,500 sf area that will be fenced in. He reviewed the site plan and the equipment to be used. Additional trees will be added along the eastern buffer area to provide more screening and they are open to discussion regarding shade trees near the playground. Mr. Bedell reviewed his staff memo. He questioned why some of the existing woods between the eastern buffer area and proposed playground were removed and Mr. Damm explained they needed to maintain some lawn area for use as a play area. They will be adding Spruce trees to provide additional screening at the edge of this buffer. Mr. Bedell noted that the fire department would like an additional gate to the playground next to the fire lane for the Porter Library, which Mr. Damm advised they will install one and will discuss with the fire department what size gate they are requesting and the locking mechanism. He asked if lighting would be needed for the playground and Mr. Damm explained that the wall lighting on the building will be sufficient. Discussion ensued regarding additional trees and landscaping around the playground, which Mr. Damm advised they will explore planting shade trees near the playground or installing shade structures but they did not want a lot of landscape adjacent to the playground as they need to maintain a safety zone and do not want material someone could hide behind. He noted shade trees cannot be planted in the playground as space is needed for the equipment and safety zones around the equipment. Discussion ensued that the connecting sidewalk to the library should be reviewed by the planning staff and the library management. There will not be any additional lighting to illuminate the playground. Page 1 of 12

2 Findings of Fact 1. The Westlake Guide Plan recommends that this property be residential in the future and schools are a permitted residential use in the R-MF-24/Multi Family 24 district. 2. The City has swapped land with the Westlake City Schools for the purpose of this new elementary school. 3. The distance from the main building being less than 30 is reasonable, as this code requirement is for recreation areas with sports courts or fields where balls may damage adjacent structures and this will not be the case for the proposed playground. 4. Since this playground is not expected to be seen from adjacent residences and public roadways, the fun and harmonious colors selected are appropriate for a playground use and a modification from the design guidelines is reasonable. 5. Tall growing trees should be planted around the perimeter of the playground to provide shade and reduce heat caused by the large amount of light duty asphalt paving. Motion: Mr. VanDyke moved and Ms. Falcone second to recommend approval of the Westlake Elementary School development plan for the playground with the following modifications and conditions: 1. Modification for location to be less than 30 from the main building as indicated on the development plan. 2. Modification for the colors as indicated in the development plan. 3. Condition that tall growing trees are planted around the perimeter of the playground with the design to be approved administratively. 4. Condition that gate for emergency access be provided at the east side of fence at the location of the library fire access lane and no parking fire lane sign be included at this location. 5. Condition that the sidewalk location be administratively approved after consultation with the library. 6. Approval is subject to comments in Part III of the 11/28/17 staff report and approval of the final plans by the Building and Engineering Departments in compliance with the code and the ordinances of the City of requirements that visually alter the appearance of the development approved by the Planning Commission, the plan shall be re-submitted to the Planning Commission. Ordinance Rezoning corner of Hillsborough Pt. & Center Ridge from General Business to I-1F-80 (Single Family), PP# , 012, 013, 031, 032, ref. by council 10/5/17, rep. D. Vaneck, Ward 6, tabled 11/13/17, ext. of time until January 8, 2018 Mr. Vaneck explained he owns the property and would like to rezone it to single family for the construction of possibly two houses. It is currently zoned General Business. At the previous meeting he addressed concerns adjacent residential neighbors raised and has also spoken with the Graces who own the adjacent Brian s Furniture on Center Ridge Rd. He stated he does not have any problem if there were ever the need to rebuild Brian s Furniture for it to be rebuilt in the same location as it is now and he is fine with the current setback to his property. Mr. Wheeler advised that while the applicant is ok with the current setback if the property were to be rezoned in the event something were to happen to Brian s Furniture, they would have to rebuild and comply with the zoning and buffering code setbacks for General Business adjacent to Single Family. He spoke with both parties to discuss possibly splitting off a portion of the Vaneck parcel and selling it to the Graces for fair market value so it could remain General Business and the law department is not if favor of split zoning on a parcel. Mr. Vaneck stated that was not an option (selling part of the parcel) and requested to be tabled so he can have further discussion with them. Motion: Mr. VanDyke moved and Ms. Falcone second to request an additional 60-day extension of time for Ordinance until March 9, Motion: Mr. VanDyke moved and Ms. Falcone second to table Ordinance the until the January 8, 2018 meeting. Page 2 of 12

3 Ordinance Code amendment to and (h)(3) regarding definitions and permitted uses in Exclusive Industrial Districts regarding Distillery, ref. by council 10/19/17, tabled 11/13/17 Mr. Bedell reported this ordinance needs more review as additional zoning code amendments may be needed in accordance with the requirements of the Ohio Department of Commerce Division of Liquor Control and their future plans for the business. Motion: Mr. VanDyke moved and Ms. Falcone second to recommend that Council grant a 60-day extension of time for Ordinance until the February 16, Motion: Mr. VanDyke moved and Ms. Falcone second to table Ordinance the until the January 8, 2018 meeting. Crocker Woods Cluster Preliminary Development Plan for cluster single family, PP# & , for 50 single family cluster homes in Planned Unit Development zoning, south of Center Ridge Road and west & east of Crocker Road (the area previously known as Bretton Woods Park Subdivision Phase 4), rep. K. Hoffman, Ward 6, tabled 11/13/17 Mr. Hoffman, Polaris Engineering, explained there were no changes to the plan since the last meeting. He reiterated the plan is a reduction of units from the previously approved plan, an increase of undisturbed land due to the wetland delineation and where units can be placed, and a private street that does not connect to Bretton Woods Subdivision, other than via a gated connection for emergency vehicles at Persimmon Drive. Mr. Bedell reviewed his staff memo noting the previous preliminary plan approved by planning commission (3/2017) was denser, having 62 units versus the 50 now being proposed. This plans preserves more of the existing woods and wetlands. He noted this is just a preliminary development plan so full engineering details are not required at this stage of development. A final development plan needs to be submitted, which will have fully detailed engineering specifications, landscaping, and lighting. Mr. Bedell advised he did speak with City Engineer Bob Kelly who advised that the Dover Ditch Stream Restoration Project (aka Costello Basin) was designed to handle the existing and future development in this area. The following residents were present and made comments: Mr. Chris Smith, Woodlyn Place; and Mr. Tom Frank Sycamore Oval. Comments and concerns expressed were: there has been heavy flooding in the past and it is uncertain if the recent basin improvements installed by the city will handle water flow and reduce flooding for current homes let alone additional homes; drainage concerns; and questions regarding where the water for this project will flow. Members of the commission reviewed Phase I and Phase II of the project and what will be built in each phase. It was strongly suggested that all of the existing drainage ditch in this area be cleaned out sooner than later and if that could become a priority rather than doing it with the two phases. Mr. Hoffman advised that shouldn t be an issue. It was discussed that final improvement plans should be forthcoming couple of months after approval of the preliminary plan. The commission requested due to this development and others on the agenda tonight they would like City Engineer Kelly to include these projects in the stormwater model for the Dover Ditch Stream Restoration Project (aka Costello Basin) to ensure that it will not be adversely affected by new development. Discussion ensued regarding the flow rate of the proposed basins for Crocker Woods and whether they could be designed to drain more conservatively than required by current city standards. It was noted that the developers are actively pursuing a builder to construct this development. It was questioned, since there are still drainage concerns, whether the applicant would consider tabling this proposal until the January meeting when City Engineer Bob Kelly will be present to discuss drainage issues in the area regarding Page 3 of 12

4 the subdivisions being proposed. Mr. Hoffman advised that is not an issue, as it sounds like the commission is fine with the proposed layout and is interested in having a better understanding of the drainage concerns voiced tonight. Motion: Mr. VanDyke moved and Ms. Falcone second to table the Crocker Woods Cluster preliminary development plan until the January 8, 2018 meeting. Lueckel Lot Split, Schwartz Rd., PP# , rep. K. Hoffman, Ward 6, tabled 11/13/17 EFG & The Estates 8 Lot Split & Assembly, Schwartz Rd., PP# , rep. K. Hoffman, Ward 6, tabled 11/13/17 The Estates 8 Subdivision Preliminary Plan (9 lots), rear of & Schwartz Rd., PP# , 011, 024 & 026, rep. K. Hoffman, Ward 6, tabled 11/13/17 Mr. Hoffman, Polaris Engineering, explained the proposal changed slightly since the last meeting. The area of land Mr. Pavicic is purchasing from Mr. Lueckel is less and slightly changes the layout of the proposal. There will be a 100 rear setback off Crocker Road with a buffer mound to match what buffering at the existing Estates subdivision. Mr. Pavicic advised that he met with home owner s association (HOA) management company and the treasurer of HOA and would like for these homes to be part of the existing Estates HOA but that will require a vote from a majority of the HOA members. Due to the timing of the HOA meeting he may have to have a separate HOA until this homes can become part of the existing HOA pending the outcome of a vote. Mr. Bedell reviewed his staff memo explaining the 100 setback and buffer mound exceed code requirements. He advised sublot 180 will need a lot depth and the depth/width ratio which isn t uncommon for subdivisions being created in infill land areas. The following residents were present and made comments: Ms. Susan Smith, Hampshire Place; Mr. and Mrs. Doug Roberta Dahler, Hampshire Place; Mr. Mark Boepplacee, King Arthur Court; and Mr. Clint Lueckel, Schwartz Road. The following comments and concerns were expressed: confusion if the new homes would be part of the existing HOA or not; the desire for as many trees as possible to be retained on the property to be developed; concerns with noise from traffic on Crocker Road; screening so Crocker Road is not visible; concerns with how this development and traffic will impact the neighborhood; in the past they heard there could only be possibly three lots and now nine are being proposed; concerns with drainage, flooding, and water issues as there are issues in the city; why can t all construction be tabled until all water problems have been resolved; and concerns that water collects in areas where there are large trees which could fall as a result. Mr. Wheeler explained that the planning commission cannot prohibit all development or prohibit a property owner the right to develop their property per zoning requirements and permitted uses. Council could enact a moratorium for new subdivisions if they felt it was necessary but it would not apply to any application already received by the city for development. Mr. Pavicic expressed that he would like to retain as many trees as possible as they are assets for lot sales, however if they are required to install rear yard drains, they will have to remove approximately a 20 strip to install the drains. It is possible that drains could be used that connect to the street drains but that is something that will be reviewed and determined by the city engineer during review of the final improvement plans. Discussion ensued regarding the grade and existing trees. Regarding drainage and flooding it was noted this area is in a different watershed than the other residential properties on the agenda this evening, and does not have the same flooding problems. Mr. Pavicic noted that the extension of Hampshire Place has been shown in the Guide Plan and he would like to move forward with this proposal. It was questioned if there was a concern with the length of the street, which Mr. Bedell advised there was not as it is under 1,000 and connects to a street which has more than one means of ingress and egress. The proposed houses to be built will be no smaller than 3,200 sf and will match in character and style of the existing homes in the Estates. Findings of Fact - Lueckel Lot Split 1. The lot split is being done to provide property for the proposed Estates 8 Subdivision. Page 4 of 12

5 2. There are no non-conformities created by this request that result in the need for any code modifications or variances. Motion: Mr. VanDyke moved and Ms. Falcone second to approve the Lueckel lot split regarding permanent parcel number with the following condition: 1. Approval is subject to comments in Part III of the 11/28/17 staff report and approval of the final plans by the Building and Engineering Departments in compliance with the code and the ordinances of the City of requirements that visually alter the appearance of the development approved by the Planning Commission, the plan shall be re-submitted to the Planning Commission. Findings of Fact - EFG & The Estates 8 Lot Split & Assembly 1. The lot split and assembly is being done to provide property for the proposed Estates 8 Subdivision. 2. There are no non-conformities created by this request that result in the need for any code modifications or variances. Motion Mr. VanDyke moved and Ms. Falcone second to approve the EFG and The Estates 8 lot split and assembly regarding permanent parcel numbers , , and as presented with the following condition: 1. Approval is subject to comments in Part III of the 11/28/17 staff report and approval of the final plans by the Building and Engineering Departments in compliance with the code and the ordinances of the City of requirements that visually alter the appearance of the development approved by the Planning Commission, the plan shall be re-submitted to the Planning Commission. Findings of Fact - The Estates 8 Subdivision Preliminary Plan 1. Hampshire Place is extended to the west of the location of the existing cul-de-sac at the end of the street that will remain. 2. Modifications are required for sublot #180 to reduce the minimum lot depth that averages 168 in depth and the depth/width ratio that is 1.3:1. These modifications are minimal and cannot be avoided due to the location of the right-of-way and adjacent lot to the rear. 3. The length of the cul-de-sac is +/- 985', which is less than 1,000 allowed by code and permissible because the parcel cannot be subdivided otherwise. 4. Modifications are in accordance with Section , since the land involved in a subdivision is of such size or shape that it is impossible or impracticable in the particular proposal for the developer to conform fully to a provision of these Land Planning and Subdivision Regulations 5. Section authorizes the Planning Commission to accept such adjustments as may be reasonable, if within the general intent and purpose of these Regulations. 6. The fence around the retention basin is shown as being a 6 tall ornamental fence in accordance with the ordinance approving subdivisions. 7. This subdivision will be included in the Estates Homeowners Association or, if that is not possible, one will be created. 8. The final subdivision plat improvement plan should be engineered to preserve mature trees. 9. Additional setback and buffering was provided along Crocker Road with evergreens and shrubs to complement the existing Estates subdivision to the north. 10. The landscape plan for the cul-de-sac and buffer mound is a requirement of the improvement plan that accompanies the final plat. Motion: Mr. VanDyke moved and Ms. Falcone second to recommend approval of the Estates 8 Subdivision Preliminary Plan with the following modification and conditions: Page 5 of 12

6 1. Modification for sublot #180 with the lot depth and the depth/width ratio as shown. 2. Condition that this subdivision is included in the Estates Homeowners Association or, if that is not possible, one will be created for it. 3. Approval is subject to comments in Part III of this report and approval of the final plans by the Building and Engineering Departments in compliance with the code and the ordinances of the City of Westlake; and, in the development process, should there be any changes necessitated by engineering requirements that visually alter the appearance of the development approved by the Planning Commission, the plan shall be re-submitted to the Planning Commission. The Residences at the Reserve Assembly Plat, & Center Ridge, PP# & 004, & 013, rep. K. Hoffman, Ward 6, tabled 11/13/17 The Residences at the Reserve Subdivision Preliminary Plan (4 lots), & Center Ridge, PP# & 004, & 013, rep. K. Hoffman, Ward 6, tabled 11/13/17 Mr. Hoffman, Polaris Engineering, explained the previous plan showed multi-family townhouses along Center Ridge Road with single family parcels at the rear of the property. There is currently an option to purchase four parcels, which are owned by two owners and create a 7.1 acre parcel to subdivide. Mr. Pavicic stated after listening to resident s concerns at the last meeting he has a concept for a revised plan, which he showed to the commission. The conceptual plan is for nine single family lots with the retention basin to be located at the front of the subdivision along Center Ridge Road. He has looked at ways to preserve trees and may consider a conservation easement at the rear of the parcels adjacent to the homes in the Casa Lago Subdivision as a way to preserve trees in that area. They are looking at the engineering for the retention basin so it could tie into the storm sewers on Center Ridge Road and avoid Bailus Road tie in. He hoped his conceptual plan was something that would make all parties happy as he is trying to be a good neighbor. If this plan is desirable he will submit copies for the city to review and the matter will need to be tabled tonight. Mr. Bedell did not review the memo for the original proposal and noted the conceptual plan is less dense and there are more opportunities to preserve trees. This plan eliminates the multi-family units and he wondered what the plans were for the old stone house from the 1830s. Mr. Pavicic advised he is thinking about moving it as it is a post and beam house. The following residents were present and made comments: Mr. Chris Smith, Woodlyn Place; and Ms. Christina Champagne, Woodlyn Place. The following comments and concerns were expressed: the conceptual was a much improved plan over the previous plan; flooding and drainage concerns; privacy concerns and screening; preserving views as when homes were purchased they were advised this property would never be developed; Bradley Woods water run-off; a large opening to the sewer at the rear of Woodlyn Place that water rushes into which could easily swallow up a child (a missing grate); and who is supposed to maintain the 20 easement. Mr. Pavicic explained he is willing to work with the neighbors to provide a buffer or some sort of screening. Any easements on parcels will be maintained by the property owner. Members of the commission thanked Mr. Pavicic for listening to the concerns of the residents and considering an alternate plan, which they were in favor of. They would like more answers at the next meeting regarding drainage and noted Mr. Kelly will be at the next meeting to review drainage. Motion: Mr. VanDyke moved and Ms. Falcone second to table the Residences at the Reserve Assembly Plat regarding permanent parcel number , 004, and and 013 until the January 8, 2018 meeting. Page 6 of 12

7 Motion: Mr. VanDyke moved and Ms. Falcone second to table the Residences at the Reserve Subdivision Preliminary Plan until the January 8, 2018 meeting. Thomas Kundtz Lot Split, Center Ridge, PP# , rep. K. Hoffman, Ward 6, tabled 11/13/17 Primrose Management Assembly Plat, 30400, & Center Ridge, PP# , 012 & , rep. K. Hoffman, Ward 6, tabled 11/13/17 Mallard Cove 3 Subdivision Preliminary Plat (5 lots), 30400, & Center Ridge, PP# , 012 & , rep. K. Hoffman, Ward 6, tabled 11/13/17 Mr. Hoffman, Polaris Engineering, explained the proposal has not changed since the last meeting. Mr. Pavicic suggested tabling the proposal until January when City Engineer will be present to discuss drainage. Mr. Don Snyder, Greenview Parkway, commented on drainage concerns; more houses will bring more issues; and concerns if the development would connect to Greenview Parkway in the future. Mr. Pavicic stated he would prefer to not have the connection. Mr. Bedell advised that the Guide Plan shows Mallard Cove and Greenview connecting in the future. Carlton Avenue is to the north (which is currently a paper street with a subdivision from the 1920s) and the guide plan shows it as a cul-de-sac in the future and not connected to either street. He explained both Mallard Cove and Greenview Parkway are over 1,000 in length without a second means of ingress or egress. Connecting the streets would resolve that non-conforming issue. Motion: Mr. VanDyke moved and Ms. Falcone second to table the Thomas Kundtz lot split regarding permanent parcel number until the January 8, 2018 meeting. Mr. Pavicic requested the commission reconsider tabling and act on the lot split and assembly plat as his purchase option expires at the end of the year. The subdivision portion can be tabled and he will take the risk of having the property split and assembled without knowing the outcome of the subdivision. Motion: Mr. VanDyke moved and Ms. Falcone second to reconsider the motion for Thomas Kundtz lot split. Findings of Fact - Thomas Kundtz Lot Split 1. The lot split is being done to provide property for the proposed Mallard Cove 3 Subdivision. 2. The lot depth to width ratio is over 3.1:1 but still an improvement over the current 9:1 ratio. Motion: Based upon the findings of fact Mr. VanDyke moved and Ms. Falcone second to approve the Thomas Kundtz lot split regarding permanent parcel number with the following modification and condition: 1. Modification for the Depth to Width ratio to be at 4.3:1 2. Approval is subject to comments in Part III of this report and approval of the final plans by the Building and Engineering Departments in compliance with the code and the ordinances of the City of Westlake; and, in the development process, should there be any changes necessitated by engineering requirements that visually alter the appearance of the development approved by the Planning Commission, the plan shall be resubmitted to the Planning Commission. Page 7 of 12

8 Findings of fact - Primrose Management Assembly Plat 1. The lot assembly is being done to provide property for the proposed Mallard Cove 3 Subdivision. 2. There are no non-conformities created by this request that result in the need for any code modifications or variances. Motion: Based upon the findings of fact Mr. VanDyke moved and Ms. Falcone second to approve the Primrose Management Assembly Plat regarding permanent parcel numbers , 014 and with the following condition: 1. Approval is subject to comments in Part III of this report and approval of the final plans by the Building and Engineering Departments in compliance with the code and the ordinances of the City of Westlake; and, in the development process, should there be any changes necessitated by engineering requirements that visually alter the appearance of the development approved by the Planning Commission, the plan shall be re-submitted to the Planning Commission. Motion: Based upon the findings of fact Mr. VanDyke moved and Ms. Falcone second to table the Mallard Cove 3 Subdivision Preliminary Plat until the January 8, 2018 meeting. NEW BUSINESS Western Enterprises, Awning, 875 Bassett Road, PP# , rep. G. Kopp, Ward 3 Mr. Kopp explained the proposal is to install an awning with vinyl lettering on the front of the building. He presented a sample of the black fabric, showing that it is opaque. Mr. Bedell reviewed Mr. Krause s staff memo and noted the reason for the concern if the fabric is opaque is because there is a wall pack above the door and they do not want the awning to illuminate like an internally illuminated sign. Discussion ensued if the fire department had any concerns with the location of the address being on the side of the awning and if the address was located in another location. Mr. Kopp stated the address is also on the monument sign along the street. Findings of Fact 1. Western Enterprises and United Consumer Enterprises are permitted 408 sq. ft. of sign area as per code. 2. There is currently approximately 160 sq. ft. of existing signage on the site. 3. This includes an awning sign over the United Consumer entrance. 4. They are requesting a 50 sq. ft. awning sign over the Western Enterprises entrance. 5. The proposal complies with code. Motion: Based upon the findings of fact Mr. VanDyke moved and Ms. Falcone second to approve the Western Enterprises awning sign as presented with a condition that the awning fabric is opaque as presented and that the planning staff review the location of the address with the fire department. Ross/Loeffler Lot Split & Assembly, 892 & 916 Richmar Drive, PP# , 018 & 017, rep. N. Ross, Ward 3 Mr. Ross explained he is planning a future addition to his house and will require additional property. The proposal involves three parcels he owns one parcel and the Loeffler s own two parcels. Currently his house is on one parcel with a vacant parcel between his property and the parcel the Loeffler s house is located on. The vacant parcel in the middle will be split (about 70% going to Mr. Ross and 30% going to the Loeffler s) and assembled to the adjacent parcels, creating a total of two parcels. Mr. Bedell reviewed his staff memo noting these lots are existing nonconforming lots and the proposal will increase the area of the individual lots. One lot will be 26,680 sf and the other Page 8 of 12

9 lot will be 18,664 sf which is slightly under the current 20,000 sf requirement but an improvement from the current +/- 15,000 sf that currently exists. Findings of Fact 1. A modification is required because the depth to width ratio for the new lots are less than 1.4:1 (.7:1) (1.1:1). 2. The proposal increases the size of both lots, making Parcel A 26,680 s.f. and compliant with the current code requirements and Parcel B at 18,664 s.f. is slightly under the 20,000 s.f. requirement but still an improvement from the current +/- 15,000 s.f. Motion: Based upon the findings of fact Mr. VanDyke moved and Ms. Falcone second to approve the Ross/Loeffler lot split & assembly involving permanent parcel numbers , 018 & 017 with the following modification and condition: 1. A modification for the depth to width ratio of Parcel A and B to be less than 1.4:1. 2. Approval is subject to comments in Part III of the 11/28/17 staff report and approval of the final plans by the Building and Engineering Departments in compliance with the code and the ordinances of the City of requirements that visually alter the appearance of the development approved by the Planning Commission, the plan shall be re-submitted to the Planning Commission. TRG Development Plan (Storage Building), Viking Parkway, PP# , rep. P. Thornton, Ward 3 Mr. Patrick Thornton, Sixmo Architecture, explained the proposal is very similar to the storage building plan that was approved a couple of years ago but never constructed. The building will be used to store four vehicles. He reviewed the site plan and advised they building will have metal roof in a dark grey color and the metal sides will be a similar color to the concrete building. There will be lights above the doors, which will be 4,000k in color temperature. Mr. Bedell reviewed his staff memo noting that no modifications are needed since they will not be using asphalt shingles as the plans had shown. Members of the commission reviewed the proposal and the lighting noting there will be only two lights on this building. Findings of Fact 1. All of the code requirements have been met. 2. The only condition is because the light fixtures appear to be in 4,000K but are also available in 5,000K. Motion: Based upon the findings of fact Mr. VanDyke moved and Ms. Falcone second to recommend approval of the TRG development plan with the following conditions: 1. Condition that 4,000K color temperature be used for exterior lighting. 2. Approval is subject to comments in Part III of the 11/29/17 staff report and approval of the final plans by the Building and Engineering Departments in compliance with the code and the ordinances of the City of requirements that visually alter the appearance of the development approved by the Planning Commission, the plan shall be re-submitted to the Planning Commission. Sibling Revelry Site Improvements, Clemens Road, PP# , rep. P. Thornton, Ward 3 Mr. Patrick Thornton, Sixmo Architecture, explained the proposal is to add two parking spaces that will be in the front of the building within the setback in an area that was a landscape island and six parking spaces will be added in the rear. The parcel is a corner parcel. They will also be replacing the guardrail and add bollards. When they have food trucks on site they will park in the front two parking spaces, and when not in use by the food trucks customers Page 9 of 12

10 can use the parking spaces. Mr. Bedell reviewed his staff memo. He explained the two parking spaces will be located 30 from the Mildred right-of-way and per the applicant s letter the parking across the street is 15 from the Mildred right-of-way. He asked where the measurement was taken and Mr. Thornton stated it was from the curb. It was determined that the parking across the street was probably only 5 from the Mildred right-of-way and this area is an industrial area. Discussion ensued if the existing dumpster is being moved and if there is a dumpster enclosure. Mr. Thornton advised it will be moved about 20 and there is not an enclosure. It was determined one should be constructed since the unit is moving to a new location. The site lighting was discussed with Mr. Thornton noting they are not adding additional lights and if any wall packs are shining out they will be redirected to be downcast. Findings of Fact 1. The proposal is to add parking at the front and rear of the building with only the front parking not meeting setback requirements. 2. The front parking is for two spaces that encroach into in the front yard setback by The existing front parking encroaches into the Clemens setback by Parking encroaches into the front yard setback on property that is to the east across Mildred Street from the propose parking by The two parking spaces will be located in an area that is in between existing landscaping and trees, with no loss of trees. 6. It is not expected that these two parking spaces will appear out of the norm for the property or district. 7. A majority of performance standards in are met. Motion: Based upon the findings of fact Mr. VanDyke moved and Ms. Falcone second recommend approval of the Sibling Revelry site improvement plan with the following modification and conditions: 1. Modification to allow two parking spaces to encroach into the front yard setback as shown on the site improvement plan. 2. Condition that a dumpster enclosure is constructed and administratively approved and if it is in a setback area it will need to come back to planning commission for approval. 3. Approval is subject to comments in Part III of the 11/28/17 staff report and approval of the final plans by the Building and Engineering Departments in compliance with the code and the ordinances of the City of requirements that visually alter the appearance of the development approved by the Planning Commission, the plan shall be re-submitted to the Planning Commission. West Bay Plaza, minor revision to approved Development Plan, Detroit Rd., PP# & 015, rep. A. Iarussi, Ward 5 Mr. Iarussi was present to answer any questions. Mr. Bedell reviewed his memo and the proposal which is to modify the building footprint of Building 200, changes to the elevation and parking lot. He reviewed the proposed changes in more detail and noted that sheet A14 (building tenant signage for Buildings 100 and 200) is lacking information from the approved development plan showing locations for major tenants and corresponding notes regarding the maximum height of sign elements for those buildings. Discussion endued if the applicant was looking for flexibility on the location for major tenants rather than designating specific units. After lengthy discussion it was determined that sheet A14 should be revised to show the locations of the major tenants. It was also determined that more details should be incorporated on the façade for Unit 200 in Building 200 as the original plans approved had more details which have now been removed by creating a more simple EFIS façade. Mr. Iarussi explained the tenant is looking for a modern and simple façade but the commission requested additional details be provided and administratively approved so the building did not look plain and the applicant agreed to revise the building elevation accordingly. Findings of Fact 1. The development plan has been revised based on space needs of tenants in the new Building 200. Page 10 of 12

11 2. There has been no loss of the percentage of landscaping and it is restated in the motion below. 3. The building square footage for the entire site is 4,000 s.f. less than the approved development plan, having benefit of lowering lot coverage, while retaining the same parking ratio (4.1 spaces per 1,000 s.f.). 4. The larger footprint for Building 200 eliminated 21 parking spaces and the previous modification from 4/3/17 established the exact number of parking spaces. 5. The parking ratio of 4.1 spaces per 1,000 s.f. should be included in the motion instead of an exact number of spaces to provide flexibility during the reconstruction without the need to return to the Planning Commission unless that ratio is exceeded. 6. The previous modification for lot coverage at 22.7% is changed to 22.05%, which is a slight improvement. 7. Condition #5 is added regarding information that is missing from revised sheet A14. a. If the applicant is unable to identify the exact location for the major tenants, a note may be added that there are a maximum of three major tenants in Building 100 and three major tenants in Building 200, with locations to be approved administratively. b. The following text is also required: For major tenants, the maximum height of sign elements = 60 at Building 100 and 72 at Building The other modification and conditions from 4/3/17 are restated in the motion below, as they are still relevant. Motion: Based upon the findings of fact Mr. VanDyke moved and Ms. Falcone second to recommend approval of the West Bay Plaza revision to the approved development plan with the following modifications and conditions: 1. Modification for the percentage of landscaping at 21.1%. 2. Modification for the parking requirement to be 4.1 spaces per 1,000 s.f. 3. Modification for the lot coverage requirement to be at 22.05%. 4. Modification to permit 25 tall parking lot lighting as measured from grade to the top of fixture and including the base, pole and fixture. 5. Condition that sheet A14 is revised to show the locations of major tenants and corresponding notes regarding the maximum height of sign elements for Buildings 100 and Condition that all exterior fixtures are dimmable and field adjusted by the applicant and Planning Department staff during construction to ensure that they do not produce glare onto adjacent properties, Detroit or Crocker Roads. 7. If fixture G is used it will be reviewed administratively. 8. Condition to dim the light fixtures to 50% after closing and the time to be administratively approved by planning staff. 9. Condition that the façade of Unit 200 in Building 200 be administratively approved by planning staff with planning commission members input. 10. Approval is subject to comments in Part III of the 11/29/17 staff report and approval of the final plans by the Building and Engineering Departments in compliance with the code and the ordinances of the City of requirements that visually alter the appearance of the development approved by the Planning Commission, the plan shall be re-submitted to the Planning Commission. MISCELLANEOUS Suggested code amendments regarding lot coverage of outdoor structures and hardscaping in rear yards Mr. Bedell advised he has been working on some suggested amendments to the zoning code regarding lot coverage of outdoor structures and hardscaping in rear yards, which will be discussed at a future meeting. No action taken. Ordinance enacting and , commercial and residential exterior lighting Ordinance amend various provisions of the zoning code as to lighting regulations Page 11 of 12

12 Mr. Bedell reported at the joint PZL/Planning Commission meeting on 11/21/17, it was agreed that further language should be included to clarify when additions or modifications to existing installations will trigger the need for all lighting to be brought up to code. He reviewed the language in his 11/28/17 staff memo. Discussion ensued if there was a way to require a building permit when existing fixtures are being replaced. Mr. Wheeler advised that the planning commission cannot oversee the building code as it is not within their powers. Discussion would need to happen with the Director of Inspections for suggested amendments, which could be recommended and adopted by city council for something that is different than the State of Ohio Building Code, which is followed by the city. Motion: Mr. VanDyke moved and Ms. Falcone second that Council adopt Ordinance with Exhibit A, as amended. Motion: Mr. VanDyke moved and Ms. Falcone second that Council adopt Ordinance as presented. ADJOURNMENT Meeting adjourned at 10:45 p.m. The next regular meeting is scheduled for Monday, January 8, 2018, in the Westlake City Hall Council Chambers. Brad Lamb Chairman Brad Lamb Nicolette Sackman Nicolette Sackman, MMC Clerk of Commissions Approved: January 8, 2018 Page 12 of 12