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the commercial lot so that there is one owner responsible for maintaining the area. Residential homes turnover an estimated every 2 to 3 years and the turnover rate for commercial is not as frequent. Mr. Koeth said that maintenance responsibilities needed to be addressed in their covenants. Mr. O'Mall.ey reviewed that the location of the pond was not the only change that would have to be submitted as there would be changes to the grading, improvement plans, and storm sewer system if the pond is reshaped. The code states that there must be underground communication cables, power lines and adequate provisions for street illumination lamps in accordance to designs approved by Council. Mr. Bishilany said that there were existing CEI lights in the neighborhood as well as individual lamp poles, both of which provide safety for the neighborhood, which does not have a commercial appearance. Not only have they had to deal with 50% of the neighborhood flooding, but there have also been break-ins in the neighborhood so CEI lights are needed and wanted. Safety and flooding are to major concerns of existing homeowners. If the proposed pond would alleviate some of the existing water problems homeowners would welcome the relief, but it is hard to believe that it will solve the problems of the existing ditch. Mr. Dantio is concerned that the pond would have the ability to overflow into the existing creek which is overgrown and overflows already without the pond dumping into it. He questioned why the pond is even being aloud tc overflow into the creek. Mr. Zwick advised that FEMA flood plain maps do not list the area as being located within the flood plain. Mr. Zwick said that they would be returning to Planning Commission with a revision showing all the issues brought up and provide all items discussed in accordance to city codes. It was not their intention to request or require any variances. R. Koeth moved to table Vienna Woods Subdivisions No. 4 Subdivision Development Plan (Salzburg Circle) PP# 231-28-017 thru 021 & 231-27-003, 21 & 084 thru 089 with the following conditions: 1). Submit written covenants to the Law Department for review, which clearly state who vvould be responsible for maintaining the pond area. 2). Proposed pond is to include an aeration system. 3). The pond is to be reshaped more to the west to allow as much of the natural vegetation as possible to be saved. 4). Applicants are to look at other styles of fencing to place around the pond, preferably a material other than wood. S. Hoff Smith seconded the motion which was unanimously approved. Red Lobster Restaurant, 25615 Brookpark Road (WRI) 4): Proposal consists of constructing a new 7,222 square foot restaurant and site improvements. Ms. Wenger reviewed that the proposal involved the construction of a new freestanding restaurant on an outparcel of Westfield-Great Northern Mall to the northwest of Sears. The out- parcel was approved by the Planning Commission and Council in 2003 for use as a restaurant and variances were granted by BZA to allow parking at a ratio of 4.5 spaces per 1,000 GLA. In the applicant's pre-submission conference, the City requested a materials board, cut sheets of lighting fixtures, and clarification of window signage. The City requested stone, rather than hardy-shingle wainscoting. The City also requested the applicant provide an update site plan of the north plaza area, which they have done. Mr. Rymarczyk indicated that there was decorative lighting which the Commission could approve and no loading zone is shown which could also be approved by the Commission. Applicants show 3 wall signs and code only allows 1, so they will require a variance for 2 additional wall signs. The proposed flag pole shows three flags, a USA, a state, and Lobster flag, the USA flag is larger than code permits. Code permits a flag no larger than 20 square feet the applicants show 60 square feet. Code permits a flag 5-feet wide applicants' show 6 foot wide. 5