11/22/2005 Minutes - Laserfiche WebLink

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R. Koeth moved to approve Red Lobster Restaurant of 25615 Brookpark Rd their proposal which consists of constructing a new 7,222 square foot restaurant and site impa-ovements with the recommendations of the Architectural Review Board. W. Spalding seconded the motion which was unanirnously approved. 4. Vienna Woods Subdivisions No. 4 Subdivision Development Plan (Salzburg Circle) PP# 231-28-017 thru 021 & 231-27-003, 21 & 084 thru 089 (WRD 2) The development plan and dedication plat for this subdivision were approved in 1997. The dedication plat was recorded, but the subdivision was never constructed. The proposal is to revise the development plan by modifying the storm water drainage system to include an above- ground detention basin to be located on the rear portion of the property located at 24002 Lorain Road. The location of the proposed single family development is on the east side of Woodside Drive. Zoning is C, Residence, Single for the proposed single family development and the rear of the parcel located at 24002 Lorain Road. Zoning for the southern 500 feet of the parcel at 24002 Lorain Road is Retail Business, General. A Declaration of Protective Covenants was recorded in 1998 with the restriction that the residentially zoned portion of the parcel at 24002 Lorain Road shall 1) remain residential, 2) not be subject to change by variance or change of zoning, and 3) remain in a"green" state and no buildings or other improvements shall be constructed upon it except as a grassy or landscaped area. Note: Planning Commission tabled the proposal on 10/25/05. Ms. Wenger reviewed that At a previous meeting, the Commission made the following recommendations: • Submit covenants to the Law Department to review regarding maintenance of the stormwater facilities • Reshape the pond for better tree preservation and include an aeration system • Consicler other style of fencing that is within the City's code There was also significant discussion pertaining to street lighting. The applicant has submitted revised plans. They have made many of the changes requested. However, they have not indicated the style of fencing to be provided although it notes that the fence will meet city codes. Ms. Becker reviewed that the retention basin had been revised and seemed to be smaller. There has been no maintenance agreement submitted and she would need the new calculations if in fact the pond is smaller. Mr. O'P?Ialley advised that he had been working with the applicants' attorney to work through the covenant. The goal of the new covenant is to insure that the land remains residential and to use as water retention to support both the commercial and residential properties is a good use. He would recommend any approval be contingent upon the covenant being acceptable to Law Department and City Council. The developer owns the land now but in the future it could change hands and the covenants should run with the land and be very clear. Mr. Zwick the applicants Engineer came forward to address the plan. In researching the city codes they found that city codes allow post and rail type fences. However they are willing to discuss another type fence. Mr. Bohlmann believed that a rod iron type fence was asked for at last meeting and would recommend something more permanent of that nature. Mr. Yager suggested a two rail aluminum fence would be better than wood. Mr. Koeth asked if the residents would be accessing the pond. Mr. Zwick voiced that they would like to see an aesthetically nice style fence for the pond. The majority of the commissioners voiced that they would prefer a black double rail rod iron type fence. Mr. Zwick stated he would in fact use a 9