11/25/2003 Minutes - Laserfiche WebLink

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cooked items in the sandwich area then microwaves it for 1-minute then package it for the customer. Further comments: Councilwoman at large Kasler voiced that she felt there was more there then what was being presented and more needed to be answered. Mr. Yager voiced that the State of Ohio allows sub- way shops to be classified as retail shops as nothing is cooked per-say on site. He felt that once the final plans are submitted it would be up to the Building Department to deternune whether or not the building is retail or a restaurant, if it is a restaurant it would have to come back to the Planning Commission. Mrs. Bowman indicated that she is concerned as their own literature refers to them being a restaurant and questioned if they are not having a Togo's are they including Quizno's which is part of their chain. Mr. Sturgeon questioned how deliveries would be made, as trucks are not allowed on Clague road. Mr. Dalpiaz indicated that deliveries would be made according to code. Mr. O'Malley advised that the topic would be a traffic enforcement matter. It would be up to the applicant to come up with creative solutions to conceive things that he might otherwise have a right to do. 7ust because a 24-hour operation is allowed the applicant can always say they are willing to close from say 2:00 a.m. through 6:00 a.m. for example. If the current fence is only 6-foot high and it was supposed to be 8-feet high the applicant can understand that they can improve the fence. He is sure that the applicants are taking everything in and as far as the retention the City Engineer will advise the applicants. M. Yager motion to send Dunkin Donuts/ Baskin Robbins to the Architectural Review Board with the following comments: There are to be no visible roof top units, that the entry pylons be approximately 4-feet above the existing roof. They consider color concrete with some type of pattern for the outside sitting area and to consider a fencing area of rod-iron, or something like that. They eliminate the internally illuminated canopy and use a goose neck lighting system over the entries. They look at ways of omitting the ladder to the roof, and revise and submit a landscaping plan with mounding, landscaping to suit the Architectural Review Board. A traffic study is to be worked on with the building and engineering departments to the satisfaction of all. The water retention that is submitted in the plans be approved by the engineering department. A letter is to be submitted to the Building department recognizing the architectural relationship between the previous documents and the new documents. The Law and Building departments verify the drive-up window hours with the City of North Olmsted's requirements. Mr. Koeth added that Consideration for the residents across the street the applicants are to do some kind of landscaping to block the lights from the signs and vehicles. Mrs. Hoff-Smith would like the first order box move closer to the north away from the residents. R. Koeth seconded the motion, role call on the motion: M. Yager, S. Hoff- Smith, J. Lasko and R. Koeth "Yes". C. Allan "No", he does not care if it is a restaurant or not the last thing needed in this area is a 24hour anything. He is not sure why the city zoned this retail so close to the residents but he does not think it fits nor will it work, there are safety issues, nuisance issues that come with a 24hour establishment. Although it is zoned retail he hopes that the Building Department can come up with a variance so he can fight against it. Mr. Spalding "No" he is very familiar with the area and he does not believe that that is the appropriate facility to be there due to the traffic hazards coming off of Clague Road. At the curb cut to the south is going to create a monster in terms of potential traffic hazards to not only residents but traffic pattern itself. T. Hreha "Yes" he is concerned with the traffic and commented that he did not hear it mentioned that the intersection is a known nightmare and was just recently widened by the City to alleviate or help ease the traffic problems. He does not see how anything on this site is going to help the problem, he understands it is zoned retail 13