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PLANNING & DESIGN COMMISSION CITY OF NORTH OLMSTED MEETING MINUTES OF DECEMBER 13, 2023 ROLL CALL Ms. Hemann called the meeting to order at 7:03 p.m. Present: Humberto Olivos, Jose Leon, Cary Peeples, Tom David, Mary Ellen Hemann Absent: Mr. Patton Staff: City Planner Nahid Parsipour, Law Director Michael Gareau. Assistant Law- Director Bryan O'Malley, Coordinator Steve Holowicki, City Engineer Jeff Filarski, Administrative Assistant Lyn Wilson. NEW BUSINESS 23-25654; Texas Roadhouse; 5100 Great Northern Mall Representatives Greg Newkirk, Kevin Butler for Texas Roadhouse and Gene D"Angelo representing R6 Motors Ms. Parsipour's staff report detailed plans to replace the former J.C. Penney Furniture building with a new Texas Roadhouse restaurant. Multiple meetings were held between Texas Roadhouse representatives, the mall ownership group, the architect, and city staff to discuss the project. The mall operates under a private agreement, the Construction. Operating, and Repository Easement Agreement, which dictates building locations. Changes to the building's position require approval from all parties in this agreement. Approval can be a lengthy process. potentially up to 18 months. However, due to property agreement limitations and the malls' investment needs, the city emphasized the importance of swift project approval. All development submissions met or exceeded code requirements, leading city staff to strongly recommend a favorable recommendation to the city council. Mr. Newkirk expressed gratitude for the opportunity to present their plans. Texas Roadhouse is enthusiastic about joining the malls larger vision and working closely with the landlord. They believe the new restaurant will enhance the area with its upgraded four-sided architecture. The company is eager to be part of the community and contribute to its long-term vision. Mr. D'Angelo raised concerns about parking conditions and the breach of the reciprocal easement agreement due to the lot split in February He mentioned the lack of a negotiated shared parking arrangement as previously conditioned by the council. His client owns the vacant Sears building parcel and has plans for its future, requiring discussions with the applicant. who has been unresponsive. Mr. D'Angelo highlighted the pattern of variances from the easement agreement, including the addition of restaurants impacting parking. He emphasized the need to address these issues proactively and voiced objections to preserve administrative remedies. Mr. Gareau addressed the two conditions set for the lot split parcel: either a shared parking agreement or compliance with parking space requirements. He noted the absence of a shared parking agreement and suggested that compliance with city's parking requirements under the