BEAVERCREEK CITY COUNCIL REGULAR MEETING June 22, 2015 6:00 P.M
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1368 Research Park Dr CITY COUNCIL Beavercreek, Ohio Regular Meeting – July 27, 2015 6:00 p.m. Council Chambers I. CALL TO ORDER II. ROLL CALL III. PLEDGE AND MOMENT OF SILENCE – Mayor Jarvis IV. APPROVAL OF AGENDA V. APPROVAL OF MINUTES A. June 22, 2015 Regular Meeting VI. PUBLIC HEARING – PUD 91-2 SSP #5 Stone Falls II (Tabled at 07/13/15 meeting. Applicant has requested case remain tabled until 8/10/15 meeting.) A. Applicant Presentation B. Staff Presentation C. Public Input D. Council Input E. Motion VII. PUBLIC HEARING – PC 15-7, Land Use Plan Amendment, 3930 Dayton-Xenia Road (This Old Couch) A. Applicant Presentation B. Staff Presentation C. Public Input D. Council Input E. Ordinance 15-20 VIII. PUBLIC HEARING – PUD 15-4, This Old Couch Rezoning, RO-1 to C-PUD A. Applicant Presentation B. Staff Presentation C. Public Input D. Council Input E. Ordinance 15-21 IX. PUBLIC HEARING – PUD 15-3, AAA-Bob Sumerel Rezoning, R-1A and B-2 to C-PUD A. Applicant Presentation B. Staff Presentation C. Public Input D. Council Input E. Ordinance 15-22 X. PUBLIC HEARING – PC 15-5, Zoning Code Update A. Staff Presentation B. Public Input C. Council Input D. Ordinance 15-23 XI. ORDINANCES, RESOLUTIONS AND PUDS A. Ordinance 15-14 – Z-15-3 Greve Rezoning, B-2 to R-1A (Third Reading) B. Ordinance 15-15 Traditions of Beavercreek Assessment Project – Ordinance to Proceed (Third Reading) C. Ordinance 15-17 Authorization to Participate in Street Lighting Negotiations (Third Reading) D. Ordinance 15-18 Bond Anticipation Notes (Second Reading) E. Ordinance 15-24 Naming of the Path Over the I-675 Pedestrian Bridge (Second Reading) XII. CITY MANAGER’S REPORT XIII. MAYOR’S REPORT XIV. COUNCIL TIME XV. CITIZEN COMMENTS XVI. EXECUTIVE SESSION XVII. ADJOURNMENT Ag072715 BEAVERCREEK CITY COUNCIL REGULAR MEETING June 22, 2015 6:00 p.m. PROCLAMATIONS Parks and Recreation Month Donald Phillips CALL TO ORDER Mayor Jarvis called the meeting to order followed by roll call. PRESENT: Council Member Giambrone, Council Member Litteral, Council Member Petrak, Vice Mayor Wallace, Mayor Jarvis ABSENT: Council Member Upton, Council Member Whilding Council Member Litteral MOVED to excuse Council Member Upton and Council Member Whilding, seconded by Council Member Giambrone. Motion PASSED by majority voice vote. ALSO IN ATTENDANCE: Michael Cornell, City Manager; Dennis Evers, Chief Beavercreek Police Department; Matt Funk, Code Enforcement Officer; Dianne Lampton, Clerk of Council; Jeff McGrath, Planning and Zoning Director; Steve McHugh, Legal Counsel; Jeff Moorman, City Engineer; Mike Thonnerieux, Public Administrative Services Director PLEDGE AND MOMENT OF SILENCE Council Member Petrak led the pledge followed by a moment of silence. APPROVAL OF AGENDA Council Member Litteral MOVED to approve the agenda, seconded by Council Member Giambrone. Motion PASSED by majority voice vote. APPROVAL OF MINUTES Council Member Giambrone MOVED to approve the minutes of the June 8, 2015 Regular Meeting Minutes, seconded by Vice Mayor Wallace. Motion PASSED by majority voice vote. (Abstained – Petrak) PUBLIC HEARING – Z-15-3 Greve Rezoning, B-2 to R-1A Clerk Lampton read an application filed by Curt Greve, 1866 Woods Drive, Beavercreek, OH 45432. The application requests the rezoning of 0.68 acres of land from B-2 Community Business District to R-1A One-Family Residential BEAVERCREEK CITY COUNCIL REGULAR June 22, 2015 District. The property is located on the northeast corner of McElrath Drive and Woods Drive further described as Book 2, Page 10, Parcel 77 on the Greene County Property Tax Atlas. Applicant Presentation There was no applicant presentation. Staff Presentation Mr. McGrath explained the applicant is requesting this property be rezoned to residential which has been used as residential and has for as long as they know. He said given the inherited zoning that was in place from the township there was a small area of the city that was zoned B-2 Commercial within the Knollwood neighborhood. He reviewed a map of the area showing the properties currently zoned B-2. He said it is more convenient for the residential owners to have a zoning district that is appropriate for what the property is being used for. He said it is difficult for buyers to get financing if the zoning is not appropriate for the use that is permitted on the building. He explained since it would be a non- conforming use it would be allowed to be continued to be used as a residential structure but should there be any damage they would have to rezone the property at that time or proactively work with the applicants to rezone their properties so that they could rebuild their house and use as a residential property. He said they have tried to reach out to the owners as there are a couple of houses up for sale in this location and make aware this is a good opportunity to have the properties rezoned appropriately for the future. Mr. McGrath said this is a straight Ordinance and there are no conditions of approval and Planning Commission and staff recommend approval. Public Input There was no input from the public. Council Input Council Member Giambrone asked if it is known that this is from before the city was incorporated and there are other houses on the street for sale, did the city have to wait for a request to rezone or can the city just make that change. She said common sense would be to change it for everybody. Mr. McGrath said the idea was to get out and reach as many of the owners as they could. Council Member Giambrone asked if we had to get their permission. Mr. McGrath said they’ve always done it this way with owner initiated cases and never city imposed. Mr. McHugh said if you are doing just a couple pieces of property it is better to ask them. Council Member Giambrone said if they are selling their homes and this is a residential neighborhood they should identify all the properties in that area that have this issue, send them a letter with the 2 BEAVERCREEK CITY COUNCIL REGULAR June 22, 2015 information and the process. Mr. McGrath said they are currently working on contacting the owners but some of the properties are vacant. He said they are trying to coordinate all of them together, but this one came ahead of where they were in trying to coordinate everybody. Mr. McHugh suggested that the application fees associated be waived to try to get a couple properties together. Mr. McGrath said there is a running list of properties that have been rezoned because Council has to officially adopt the zoning map so it is current. He said even though the individual properties have been rezoning and approved by Ordinance, the zoning map has to be approved by Ordinance as well. He said there may be an opportunity there to reclassify these properties and just have authorization from the property owners. Council Member Giambrone asked how many properties were effected. Mr. McGrath replied there were eight or nine left. Ordinance 15-14 (First Reading) Council Member Giambrone MOVED to approve Ordinance 15-14 and move to the second and third reading, seconded by Vice Mayor Wallace. Motion PASSED by majority voice vote. PUBLIC HEARING – PUD 91-2 MOD 5/15 Primanti Bros. Restaurant Major Modification Clerk Lampton read an application filed by InSite Real Estate Invest Properties, LLC, 1400 16th Street, Suite 300, Oak Brook, Illinois 60523. The applicant requests approval of a major modification of the existing site plan to allow for the construction of a 5,500 square foot Primanti Bros. Restaurant on 1.29 acres located on the east side of North Fairfield Road Drive. The property is further described as Book 4, Page 6, Parcel 114 on the Greene County Property Tax Atlas. Applicant Presentation Eric Uebelhor, InSite Real Estate, 1400 16th St. Oak Brook, IL 60523 Mr. Uebelhor explained InSite Real Estate is the national builder for Pramanti Brothers Restaurant. He said Pramanti Brothers is based out of Pittsburgh and now have 17 restaurants in the Pittsburgh area, with a total of 20 in Pennsylvania, 3 in Florida and 2 in West Virginia. He explained they are trying to expand across the country. Currently there are five under construction. The Boardman, Ohio location will be the first Ohio store to open in September and Beavercreek will be their second store in Ohio. He said there is a bar component to the restaurant, pizza and snacks but they are known for their sandwiches served with French fries and coleslaw served on them. 3 BEAVERCREEK CITY COUNCIL REGULAR June 22, 2015 Staff Presentation Mr. McGrath summarized the staff report dated June 18, 2015 which states the applicant is requesting approval of a major modification to the existing site plan to allow for the construction of a new 5,500 square foot Primanti Brothers restaurant on 1.29 acres within the Shoppes at Fairfield Commons. He explained some of the conditions had been amended from the Resolution that Planning Commission approved. He said they have been able to work with the applicant since that time and have some of those issues resolved. He reviewed the layout from 1996 and compared it to the layout of today. Mr. McGrath discussed the building design and color along with the landscape plan and parking. He said they plan to have 97 parking spaces which is above the required 67 spaces. He said there is also interconnectivity between the parking lots of Abuelos and IHOP. He said there has been a discussion of including cherry trees within the landscape plan.