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24002 Lorain Road is Retail Business, General. A Declaration of Protective Covenants was <br />recorded in 1998 with the restriction that the residentially zoned portion of the parcel at 24002 <br />Lorain Road shall 1) remain residential, 2) not be subject to change by variance or change of <br />zoning, and 3) remain in a"green" state and no buildings or other improvements shall be <br />constructed upon it except as a grassy or landscaped area. <br />Ms. Wenger reviewed the history of approvals of the subdivision, which was never constructed. <br />The developer returned to the City with revised improvement plans that show an above ground <br />detention basin. This type of stormwater storage was not permitted by code when the original <br />plans were approved; however, both the EPA and City have amended their regulations over time, <br />which now permits and, in fact, encourages this type of detention for improved filtration. In a <br />meeting with the applicant, the City encouraged landscaping and/or fencing around the detention <br />area for safety. The City also requested the applicant show areas where trees would be <br />preserved, locations of street trees, and locations and examples of street lighting, which has been <br />done. <br />Ms. Becker advised that, as the site is greater than 5 acres, EPA requires a water quality pond <br />(above ground detention basin), which requires owner to treat the water quality and remove soil <br />sediments. She is concerned whether or not the pond would properly be maintained. The control <br />or release of water is restricted by a very small outlet and if not properly maintained the outlet <br />could frequently become clogged. The detention pond for the subdivision would be located on a <br />parcel separate from the residential subdivision. Applicants propose the commercial owner <br />maintain the detention pond which is also a concern. <br />Mr. O'Malley advised that under the zoning code the detention pond would be required to have <br />at least a 4-foot high fence around it. He does not believe that a split-rail fence would be <br />sufficient to address the safety issues connected with bodies of water. He encouraged the <br />Commission to have the applicant look at other types of fencing. As ownership of the parcels <br />shown are not really clear, he questioned if the owner of the two properties was still the same or <br />if land was being sold off, and advised that the Law Department would need to review the <br />covenants that have been implied. He advised that the current proposal was a municipal interest <br />in regards to the covenant substance as well as making sure the covenants are enforceable. <br />However it is not clear if any of the changes to the preliminary plans affect the areas which have <br />the covenants, therefore the law department would need to look into the matter further. <br />Mr. Yager asked if the pond size was calculated to handle not only the residential area but the <br />commercial area as well. Ms. Becker advised that the pond was calculated for serving both <br />parcels and had extra capacity. Mr. Bohlmann clarified that due to the EPA mandates that any <br />development 5 acres or more must have above ground detention so the city has no other option <br />than to allow the pond. He agreed with the law department that a split-rail fence would not be <br />sufficient and questioned what the deepest depth would be. <br />Mr. Zwick with Zwick Engineering was present to address the Commission and introduced Mr. <br />Kadar with Vienna Construction, and Builder Ms. Scebbi with Century Homes. Mr. Zwick <br />advised that they would provide fencing which met city codes and the maximum depth of the <br />pond would be 6 to 8 feet deep. Mr. Bohlmann asked that some type of aeration device be added <br />to the pond so that the water does not become stagnant. Applicant was asked what the 30-foot <br />movable access easement was for. Mr. Zwick agreed that an aeration device should be added to <br />the pond and said that the access easement would be written to the city for emergencies and <br />irispections. The retention basin area was chosen as it is landlocked and meets the natural <br />vegetation/greenspace requirement included in the deed restriction. As access to the pond is <br />required the only possible location is off of Lorain Road as there is no access through the <br />3