Planning Commission

AGENDA REGULAR MEETING CLEVELAND MARCH 21, 2023, 6:00PM CLEVELAND MUNICIPAL BUILDING 190 CHURCH STREET NE Welcome and Roll Call of Members 1. Minutes February 21, 2023 2. Public Hearings None 3. Consent Agenda None 4. Old Business None 5. New Business a. request Simpkins Group for approval of a preliminary plat for property located at 10th Street NW (also described as Tax Map 049F Group M Parcel 002.02) and located within R-3 Multi Family Zoning District. b. request by Dustin Hawkins for consideration of an ordinance to zone about 1.40 acres more or less, from CH Highway Commercial to R-2 Low Density Single and Multi-Family Zoning and includes Tax Map 065D Group F Parcel 002.01. c. request by Joseph Ownbey for consideration of an ordinance to zone about .41 acres, more or less, from R-1 Single Family Residential to R-3 Multi-Family Residential and includes Tax Map 049C Group B Parcel 021.00. 6. Chairman’s Report 7. Director’s Report 8. Adjourn  Minutes REGULAR MEETING CLEVELAND FEBRUARY 21, 2023, 6:00PM CLEVELAND MUNICIPAL BUILDING 190 CHURCH STREET NE The regular meeting of the Cleveland Municipal Planning Commission was called to order by Tricia Pennington, Chairman at 6:00 P.M. Commissioners present included Maryl Elliott, Clarke Taylor, Bill Estes, Jamie Creekmore, Alma Dotson, Tricia Pennington, Tiffani Sherlin, Ben Berry, and Blake Allison. Clarke Taylor arrived at 6:02 P.M. There were no members absent. Staff present included Robert Varnell, Planning Director, Erica Bevis, Planner, Darla Jenkins, Administrative Coordinator, Joel Prince, Planner/Codes Enforcement Supervisor, Jonathan Jobe, Director of Development and Engineering Services, and Joe Fivas, City Manager. Also, in attendance was Cathy Andrews, Redevelopment Coordinator, and Taylor Koch. Legal Counsel present included John Kimball, Attorney for the City of Cleveland. Others present included Lee Dunlap of MESNNA Investments, Derek Blackwood of MAP Engineers, Dustin Hawkins of D&S Custom Homes and Susie Gilbert of Gilbert Real Estate. The minutes of the January 17, 2023, regular meeting minutes were presented for approval. Maryl Elliott made a motion to approve the January 17, 2023, minutes and Jamie Creekmore seconded the motion. A vote of 8-1 passed the motion. Yes-8 No-0 Absent-1 Clarke Taylor arrived at 6:02 P.M. In our Public Hearing, Public Hearing for Comments for 2023-2024 Annual Action Plan Chairperson Pennington called the public hearing to order and introduced Cathy Andrews, Redevelopment Coordinator for the City of Cleveland. Ms. Andrews informed the commission and public that the city is requesting comments as it relates to the 2023-2024 CDBG Annual Action Plan. Ms. Andrews outlined the CDBG program, defining the three national objectives and described the CDBG target area in the City of Page 1 of 8 Cleveland. She also gave examples of projects that have been implemented with CDBG funds. Chairperson Pennington acknowledged the benefits of previous sidewalk projects funded by CDBG and requested that funds be used for a section of sidewalks along 20 th Street to the Downtown area. Alma Dotson also requested more funds be put toward sidewalk projects. Bill Estes stated that he was very pleased with the Down Payment Assistance program and wants to see it continue. He also discussed utilizing a piece of land near Sheppard Field for a potential green space in the future. With no further comments, Chairperson Pennington closed the hearing. In the Consent Agenda, a. request by Riverstone Construction, LLC for approval of a preliminary plat for property located at Minnis Road (also described as Tax Map 058 portion of Parcel 025.02) and located within PUD 41 Zoning District Robert Varnell stated they are seeking the preliminary plat for ninety-three (93) lots. This is part of PUD 41. This resembles the PUD approval that went through this body last year. We still have site plan approval which is dependent on preliminary plat approval. There are some comments left out, but they are very basic. This preliminary plat is ready to go. b. request by D&S Custom Homes for approval of a final plat for property located at King Street (part of Tax Map 065D Group F Parcels 002.00, 002.01, and 003.00) and located within R-2 Low Density Single and Multi-Family Zoning District and CH Highway Commercial Zoning District. Robert Varnell stated that Dustin Hawkins is the applicant. There are four units. He believes there may be a piece that must be rezoned in the future, but we are not dealing with that one yet. This is on King Street and Bo Jangles is in one direction. It’s a new proposed development around APD40. You can see the four (4) lots there. One big one (1) and three (3) small ones for townhomes in the future. A stormwater comment is needed to get the site plan Page 2 of 8  approval. It shows detention footprints on the plat itself. He believed resubmittal is well on its way if we don’t have it. c. request by D&S Custom Homes for approval of a preliminary plat/townhome site plans for property located at King Street (Part of Tax Map 065D Group F Parcels 002.00 and 003.00) and located within R-2 Low Density Single and Multi-Family Zoning District. Robert Varnell stated next we have the preliminary plat for the townhome portion for this. This is three (3) of those lots with the bigger one being left out. On the site plan view, they do include sidewalks along the frontage on King Street, landscaping and of course they are being built to the townhome ordinance specifications. They have one (1) comment that is outstanding concerning impervious. He thinks that plan is to adjust on the bigger piece behind it which is still undeveloped and make up that ground as an overall development. Stormwater is wanting site plan approval which is dependent on these plats. d. request by Eagle Bend Development for approval of a final plat for property located at Durkee Road (also described as part of Tax Map 058 Portion of Parcel 028.00) and located within PUD 23 Zoning District. Robert Varnell stated we have Powell Meadows Phase 1 which is part of PUD 23. This is Eagle Bend Development with 12.42 acres and fifty-three (53) lots on Durkee Road. This PUD went through the process several years ago. There are some slight changes to the overall PUD but do not impact this phase at all. They are seeking approval on this. We have a couple of comments that need to be addressed. We are waiting on the updated plat which may have come in today. There are some construction sites on site which some of it will be bonded. The staff is working though those processes now. e. request by Eagle Bend Development for approval of a preliminary plat for phase 2 of property located at Durkee Road (also described as Tax Map 058 portion of Parcel 028.00) and located within PUD 23 Zoning District. Page 3 of 8  Robert Varnell stated we have Phase 2 preliminary plat for the same subdivision. This has thirty-six (36) lots. This is part of PUD 23 and this is the other side. You may not remember but the original second entrance to this location…. they had to remove that which in many cases would cause a PUD amendment. But the PUD specified if it was due to utilities…. which in the original plans that were approved by this body somehow missed the fifty (50), or one hundred (100) foot TVA (Tennessee Valley Authority) easement. So that’s where a lot of the infrastructure was. They’ve moved it out of that area. The one note I pass along to them is if they ever go above two hundred (200) lots, they will be required to have a second entrance. They have informed us they are aware of that. As it stands that is the way they are moving forward with their development at that location. That one had no comments. It’s ready from the staff’s perspective. Bill Estes made a motion to approve the Consent Agenda subject to staff comments. Clarke Taylor seconded the motion. A vote of 9-0 passed the Consent Agenda. Yes-9 No-0 Absent-0 There was no Old Business. In New Business, a. request by Bernard L. Weinstein & Associates for approval of the proposed site plan details and architectural renderings for property located on Pleasant Grove Church Rd. This development is comprised of Tax Map 056 Parcel 051.10. Robert Varnell stated this is almost eleven (11) acres and is zoned Highway Commercial. The first submittal of this was residential use was where the planning commission had adopted the regulations for residential uses in commercial zones. So, this is grandfathered in that situation. We have had discussions about rezoning, but they just want to get the site plan approvals out of the way. This is in the IGC overlay…the Interstate Gateway Corridor which impacts Exit 20, Exit 25, and Exit 27. And some of the development standards are a little bit higher at these locations. The IGC dictates the site plan as well as architectural renderings come to this body for approval as well as receive staff approval. That’s why we are here. This is in black and white, so I am going to explain what we are looking at. The darker gray is actually brick. Page 4 of 8  The lighter gray is a fiber cement board This building A…there’s a total of four (4) buildings on the site. There’s a building A and building B. This will all pertain to each building. There’s B. As you can see the brick goes all the way up to the second floor. As you may remember anytime we had multiple floors, we have a little bit of grace on how we move through these standards about the brick and stone. They have broken it up which I agree with completely. It’s not all first floor. It’s some second and first and shifts it. This development has a community building which is brick and it’s all going to match. All be the same…the pool and that sort of thing, I’ll move on to the site plan. Just so you all know geographically where we are talking about. The LIC (Local Interstate Connector) which is currently under construction, that connects that interchange over the Pleasant Grove Road. It right on it to the left. So, you are right at it at Exit 20. The internal network is all connected by sidewalks, and they have included sidewalks out to the exit on the road there. There’s some tree preservation, creek buffer areas that you can see. Landscaping for each building as well at the front that meets the requirements. Staff is at a point of yea, we have no more comments. Blake Allison made motion to approve item a. and Ben Berry seconded the motion. A vote of 9-0 passed the motion. Yes-9 No-0 Absent-0 b. request by River Street Architecture for approval of the proposed site plan detail and architectural renderings for property located on Peerless Road. This Property is comprised of Tax Map 034I Group F Parcel 002.00. Robert Varnell stated this is a right behind McAllister’s. They have that big parking lot back there for the drive thru… kind of like all access. There is a green space sitting there right now. This submittal is for that location. It’s .975 acres and part of PUD 15. It dictates the architecture and the site be in accordance with the IGC overlay (Interstate Gateway Corridor). They put that language in there, so it does require planning commission approval. The applicant is requesting, and this body has the ability through the PUD language give them some alleviation on providing two (2) parking spaces. So, the requirement is A, and there are two (2) below it. That’s what we are asking for. We will get to that when we look at the site plan. Architecturally, this is the structure which is all brick almost. There is some cement fiber siding and things like that. You can see the details. It’s very well done. We Page 5 of 8 have a front elevation that will be fronting that parking lot. Side elevation that will go against the tree buffer. The rear elevation is all brick. The front elevation is on the Peerless Road Extension side. Derek Blackwood of Map Engineers stated he had an image of way it’s constructed. Robert Varnell stated the exact building was constructed at Apison Pike and Old Lee Highway down in Collegedale in the Volkswagen Drive area. From the site plan standpoint, the parking standard asked for a little grace based on the discussions with our traffic engineer to take out two (2) spaces. And one of the items that is not on the site plane, is the sidewalks that will run along Peerless Road which will need to be updated for final approval from staff. We want to keep them on the agenda and the project moving in the right direction. The PUD states that up to thirty percent (30) of the parking standards can be adjusted by this body in this environment due to certain factors. The transportation department has requested it. There is share parking opportunities in the area. And that was one of the caveats it gave. Bill Estes ask does it back up to the neighborhood? Robert Varnell stated this is parking lot. McAllister’s sits up here. This is going in between Freddy’s and Salsarita’s. There’s a tree line here that’s a creek. It’s actually PUD 13. Alma Dotson asked where’s the drop off? Robert Varnell stated it’s behind this property. Alma Dotson ask they are asking to take away two (20 of the parking spaces? Robert Varnell stated the applicant representative is here. There are some site distance questions. We support the request because it came from staff. There are parking spaces all here, here, here, and here. The PUD itself is a unified development. Based on the use and what they are proposing to do at this locations, it’s a medical office. We expect the parking to be ample. Alma Dotson asked what about ambulance? Page 6 of 8  Robert Varnell stated they still have ..taking away parking actually improves their ability to get in and out. The drive aisles all stay the same. In an emergency they are going to pull up and stop. Ben Berry stated the parking code for medical offices in our ordinances is way too high. It needs to be adjusted. Jamie Creekmore stated you said Peerless Road. Is that accurate? Robert Varnell stated it is. Bill Estes asked so it doesn’t go all the way back to Callen Lane? Robert Varnell stated it goes to Mouse Creek. Jonathan Jobe stated in that circle they started calling it Callen. Bill Estes stated then I am better with the buffer then. Derrick Blackwood with Map Engineering stated he was there if anyone had any questions. Bill Estes made a motion to approve based on staff comments and what’s forthcoming. Blake Allison seconded the motion. A vote of 9- 0 passed the motion. Yes-9 No-0 Absent-0 c. request by Ben Casteel for consideration of an ordinance to zone about 6.65 acres more or less, from IL Light Industrial to R-2 Low Density Single and Multi-Family Zoning and includes Tax Map 050 Parcel 001.01. Robert Varnell stated this is 6.65 acres and is located on Old Tasso Road. Many of the properties were painted with a paint brush and put in light industrial. But this piece of property has considerable grade back off the road. It’s not conducive of any industrial development. There is property that touches this property that’s R2 and R1 and light industrial. It’s a transitional area. The proposed use is four (4) townhomes in the front and the back part…The owners own a lot in the subdivision…Abbey Cove NE. Their intention is to build a home on the back piece. They intend to develop the front, but they need residential zoning. All the criteria that we look at, it meets. The likelihood of industrial development at this site is very low. We support it from a planning perspective. Page 7 of 8  Blake Allison made a motion to approve item c and Bill Estes seconded the motion. A vote of 9-0 passed the motion. Yes-9 No-0 Absent-0 There was no Chairman’s Report. There was no Director’s Report. The meeting was adjourned at 6:40 P.M. Page 8 of 8  Consent Agenda Staff Report Case: SUB 2023-10 10th Street Preliminary Plat (see Appendix for case materials) March 21, 2023 City of Cleveland Municipal Planning Commission Applicant: Joel Simpkins Site Address: 10th Street Tax Map: 049F M 002.02 Area: .46 Acres Current Zone: R-3 Multi-Family Residential Request: Approval of Preliminary Plat/Site Plan Sewer/Water: Yes Council District: District 3-Tom Cassada PLANNING & DEVELOPMENT 1. Analysis The preliminary plat/site plan in question includes a total of 4 lots which are to be developed utilizing standards for R-3 Multi-Family Residential Zoning and townhome subdivision regulations. 2. Staff Recommendation APPROVE PENDING STAFF COMMENTS The submitted version of the Preliminary Plat will meet the requirements of the City of Cleveland Subdivision regulations and Zoning Ordinance once comments are addressed. Outstanding Comments Stormwater- “please obtain site plan approval.” Planning- “Please resubmit showing zoning as R-3” Staff Report Case: ZON 2023-08 Blackburn Road Rezoning (see Appendix for case materials) March 21, 2023 City of Cleveland Municipal Planning Commission Applicant: Dustin Hawkins Site Address: Blackburn Road Tax Map: 065D F 002.01 Area: 1.40 acres Current Zone: CH Highway Commercial Request: Approval of Rezoning to from CH to R-2 Sewer/Water: Yes Council District: District 1 – Marsha McKenzie PLANNING & DEVELOPMENT 1. Analysis The request considers the rezoning of approximately 1.40 acres from CH Highway Commercial to R-2 Low Density Single and Multi-Family Residential. The property owner intends to subdivide the property into several lots for townhome development. The zoning was originally R-2 Low Density Single and Multi-Family and was rezoned to CH Highway Commercial around 2015 but no development has taken place. The applicant would like to revert the zoning back to R-2 and tie in the development with the other townhomes he is building along King Street. This area and the area west of the property is largely multi family residential and the rezoning to R-2 would be considered the highest and best use of the property. 2. Staff Recommendation APPROVE Staff Report Case: ZON 2023-09 Ohio Avenue at West Circle Rezoning (see Appendix for case materials) March 21, 2023 City of Cleveland Municipal Planning Commission Applicant: Joseph Ownbey Site Address: Ohio Avenue at West Circle Tax Map: 049C B 021.00 Area: 0.41 acres Current Zone: R-1 Single Family Residential Request: Approval of Rezoning to from R1 to R3 Sewer/Water: Yes Council District: District 5 – Dale R. Hughes PLANNING & DEVELOPMENT 1. Analysis The request considers the rezoning of approximately .41 acres from R-1 Single Family Residential to R-3 Multi-Family Residential. Currently, the parcel is landlocked, and no building permits can be issued. Subsequently, the lot in front is encumbered with a large TVA easement and is not buildable as is. The applicant intends to combine these two parcels in order to have a buildable lot for a multifamily development. The zoning in the area is primarily R-3 Multi Family and the rezoning would not disrupt the look and feel of the current neighborhood. 2. Staff Recommendation APPROVE