Planning & Zoning Commission

PLANNING & ZONING COMMISSION Agenda THURSDAY, SEPTEMBER 3, 2020 COUNCIL CHAMBERS 7:00 PM I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. APPROVAL OF MINUTES - July 2, 2020 V. AGENDA ADDITIONS - October Meeting Date VI. CORRESPONDENCE & COMMUNICATIONS #1 Item PZ 20-09-01 Amendment to Conditional Zoning The Breakfast Place, Inc dba Oscar’s Place, applicant Ward Holdings LLC, owner 137 East Ave, Ste 30 – Outdoor Dining • For scheduling of Public Hearing #2 Item PZ 20-09-02 Riparian Setback Variance Randy Lorkowski, applicant/owner 1034 Martindale Dr • For review and determination VII. ADJOURNMENT  STAFF REPORT ITEM # PZ 20-09-01 Meeting Date: September 3, 2020 ITEM DETAIL: Site Address: 137 East Ave, Suite 30 Existing Use: Commercial District (C-3) Parcel No. 6008859 Adjacent Use: Commercial District (C-3) Total Acreage: 5.19 acres Structure Type: Restaurant Site Access: East Ave & Community Dr Application: Amending Conditional Zoning Certificate for Dining Establishment serving Alcoholic Beverages Applicant: The Breakfast Place, Inc. dba Oscar’s Place Owner: Ward Holdings LLC BACKGROUND: TCO 1161.04(q) allows for dining establishments serving alcoholic beverages as a conditional use. TCO 1189.09 requires the Planning and Zoning Commission to schedule a public hearing within thirty (30) days after the acceptance of the application. The hearing on the conditional use shall be held within thirty-five (35) days of the establishment of a public hearing by the Planning and Zoning Commission. RECOMMENDED MOTION: I move to set the Public Hearing for Item #PZ 20-09-01, The Breakfast Place, Inc. dba Oscar’s Place, applicant, Ward Holdings LLC, owner, for Suite 30 at the property located at 137 East Avenue, based on the plans and application submitted to the Planning & Zoning Department on August 20, 2020 for the following month on Thursday, October 1 at 7:01 pm.  STAFF REPORT ITEM # PZ 20-09-02 Meeting Date: September 3, 2020 ITEM DETAIL: Site Address: 1034 Martindale Drive Setbacks: -50’ front from right-of-way Parcel no 6008392 -10’ side yard setback Total Acreage: 0.93 acres -25’ rear yard setback Structure Type: Residential Dwelling Min Lot Area: -13,500 sf Site Access: Martindale Drive Min Lot Width: -80’ & 80’ along the min front yard Existing Use: R-4 Residential District setback Adjacent Use: R-2 & R-4 Residential Districts Min Living Floor Area: One Story – 1,000 sf Max Height: -35’ Application: Riparian Setback Variance Applicant: Randy Lorkowski Owners: Randy & Linda Lorkowski BACKGROUND: Mr. & Mrs. Lorkowski purchased this land prior to the enactment of the Riparian Setback Ordinance (Ord 26-2006. Passed 8-10-2006). At the time of purchase, the stream, called Maca Ditch ran from the center of the south property line through to the center of the lot and out the east property line. Today, the stream runs along the east property line. The Riparian Setback is 75’, which is measured from the ordinary high water mark of the stream. 2000 2005 2017 2017* When the purchase of the land was made, the parcel fronted an unimproved dedicated section of Martindale Dr. The lot was declared as a buildable lot pending a variance would be granted to build on an unimproved dedicated street. The lot is just outside the platted Martindale Subdivision. Since 2005, no residence was built and with the enactment of the Riparian Setback Ordinance, the lot has become unbuildable unless an additional variance from the Riparian Setback Regulations is granted by the Planning & Zoning Commission. The Planning & Zoning Department recommends the motion with applicable conditions as detailed on page 5. ITEM # PZ 20-09-02 September 3, 2020 2|Page ANALYSIS: TCO 1190.01(a) defines the purposes of the Riparian Setback regulations: The City of Tallmadge has determined that the system of streams within the City contributes to the health, safety, and general welfare of the residents of the City. The purpose of this chapter is to protect and preserve the water quality within streams of the City and to protect residents of the City from property loss and damage because of flooding and other impacts of the stream. TCO 1191.10 defines the requirement to build on a fully improved public street. No more than one principal building shall be permitted on any lot in a Residential District unless otherwise specifically stated in the Zoning Code and every principal building shall be located on a lot having required frontage on a fully improved public street.  FEMA Floodplain The parcel is not located in the Floodplain per the Summit County GIS maps ☐ Summit Soil & Water Conservation District Summit Soil & Water has concluded that Maca Ditch is a stream and therefore falls under the Riparian Setback Ordinance. The ordinance prohibits the building of a house on the Riparian Setback. In order to build on this property, they would have to get a variance to have the riparian setback reduced enough from this parcel that they could build. The Riparian Setback area not included in the variance area should be revegetated and/or reforested per the Appendix listed in TCO 1190 (see attachment). A 25 ft setback from the building to natural vegetation is recommended. The following illustration is not to scale and for illustrative purposes only. Submitted by Planning & Zoning Department: Helene Hussing, Manager ITEM # PZ 20-09-02 September 3, 2020 3|Page ☐ Ohio Environmental Protection Agency Approvals for building in the Riparian Setback will likely be required from Ohio EPA and the Army Corps of Engineers. William Zawiski with the Ohio EPA made the following conclusion on the determination of Maca Ditch being a stream or a ditch. (Maca Ditch) appears to be a stream. USGS and soil maps indicate that it is, as does the Summit County GIS system. Aerial pictures and those you provided indicate a defined bed and bank. StreamStats shows a steam with a drainage area of 1.2 square miles. In addition, it looks like it flows through an area with Damascus soils which I believe is a hydric soil, possibly indicating a riparian area with wetlands. Any alteration or fill activity would at a minimum require an Ohio EPA isolated wetlands permit. The ACOE would need to make the initial determination if it is a regulated water eligible for protection under the Clean Water Act. ☐ City Engineer Separate comments will be provided by the City Engineer. In reviewing whether to grant variances, the Planning and Zoning Commission shall consider the following: • The extent to which the requested variance impairs the functions of the riparian area. • The soil type and natural vegetation of the parcel as well as the percentage of the parcel that is in the 100-year floodplain. • The degree of hardship these regulations place on the applicant and the availability of alternatives to the proposed activity. Other areas of review considered in the compilation of this report include the following:  Comprehensive Plan Ordinance 77-2017 adopted the "revised Comprehensive Plan" and is a guiding document and not controlling. It does not preempt/control decisions made by Council as specific requests arise through zoning and/or budget requests. The lot is located just outside the Martindale Subdivision at the end of Martindale Dr and abuts the wetlands on Maca Park. The requested variance does not appear to present any conflict or issue with the Comprehensive Plan.  Dimensional Standards The dimensional standards for lot width and setbacks are acceptable. The lot frontage will require a variance to 1191.10 to allow building on a lot fronting an unimproved dedicated street (as listed in “Variances”) ☐ Traffic The future proposed dwelling would have a driveway connecting to an unimproved section of Martindale Drive. The unimproved section should require paving to include the width of the proposed driveway to the standards of improvements agreed to by the city. This will require a Variance (as listed in “Variances”)  Utilities Water: City of Tallmadge Sanitary Sewer: DOSSS  Stormwater While the potential for stormwater issues is an underlying factor in consideration of all riparian variance requests, the proposed dwelling is a slab home and situated higher than the high-water mark. A “hold harmless” agreement naming the City and all reviewing agencies, acknowledging that they are building in the riparian setback at their Submitted by Planning & Zoning Department: Helene Hussing, Manager ITEM # PZ 20-09-02 September 3, 2020 4|Page own risk. The agreement will also acknowledge that if development continues within the watershed, problems associated with the wetlands and regularly defined riparian setback area, may present future impacts on the home and surrounding area. The Applicant is responsible for damage to their property resulting from building part of their house in a riparian setback. The property’s deed should be updated to acknowledge the Riparian Setback Variance.  Variances In addition to the Riparian Setback Variance request before the Commission, 1. a modification is requested from 1191.10 every principal building shall be located on a lot having required frontage on a fully improved public street. 2. a modification is requested from 50’ front setback of 10’ to accommodate a building footprint least affecting the Riparian Setback. The Commission may make a determination on these variances. No additional application to the Board of Zoning Appeals is required. DEPARTMENT COMMENTS:  Police Department No comment.  Fire Department No comment.  Economic Development No comments Additional Considerations TCO 1190.06 (5) The applicant shall be responsible for delineating the riparian setback, including any expansions or modifications as required by subsections (b) through (d) hereof, and identifying this setback on all subdivisions, land development plans, and/or building permit applications. This delineation shall be done at the time of application of the preliminary plans, or all plans that are required, or at the time of submission of any permit applications. This delineation shall be subject to review and approval by the applicable SWCD. As the result of this review, the SWCD may require further studies from the applicant. (6) Prior to any soil-disturbing activity, the riparian setback shall be clearly delineated with construction fencing or other suitable material by the applicant on site, and such delineation shall be maintained throughout soil- disturbing activities. The delineated area shall be maintained in an undisturbed state unless otherwise permitted by these regulations. All fencing shall be removed when a development project is completed. (7) No approvals or permits shall be issued by the City prior to delineation of the riparian setback in conformance with these regulations. (8) Upon completion of an approved subdivision, planned residential development, or other land development, the riparian setback shall be permanently recorded on the plat records for the City. Submitted by Planning & Zoning Department: Helene Hussing, Manager ITEM # PZ 20-09-02 September 3, 2020 5|Page RECOMMENDED MOTION: MOTION 1 I move to approve the Application for Riparian Setback Variance for Item #PZ 20-09-02, Mr. & Mrs. Lorkowski, applicant/owner for the property located at 1034 Martindale Dr. (Parcel No 6008392) for a riparian setback boundary extending 75’ from the defined boundary of the high water mark to a distance of 52’ based on the plans and application submitted to the Zoning Department on August 20 & 24, 2020 and that there was a showing that: (1) The granting of such variance WILL NOT/WILL impair the functions of the riparian area. (2) The soil type and natural vegetation of the parcel as well as the percentage of the parcel that is in the 100-year floodplain DOES NOT/DOES apply. (3) The strict application of the provisions of these regulations WOULD/WOULD NOT result in degree of hardship placed on the applicant and the availability of alternatives to the proposed activity have been considered. And subject to the following conditions, modifications and/or amendments based on the evidence presented: (Possible Conditions and Modifications – Conditions of approval may include but not be limited to) (1) Applicant agrees to sign a “hold harmless” agreement, naming the City of Tallmadge, all reviewing agencies and acknowledging that they are building in the riparian setback at their own risk. The agreement will also acknowledge that as development continues within the watershed, problems associated with the wetlands and regularly defined riparian setback area, may present future impacts on the home and surrounding area. The Applicant is responsible for damage to their property resulting from building part of their house in a riparian setback. (2) A notation of the Riparian Setback Variance Certificate is included on the recorded deed to the property and filed with the City (3) A landscape plan is submitted to Summit Soil & Water Conservation District for the purpose of re- vegetation of the disturbed Riparian Setback area (4) The Riparian Setback is delineated prior to moving any soils (5) No further disturbance to the Riparian Setback (6) The applicant attains all necessary approvals from Ohio EPA and the Army Corps of Engineer prior to moving any soils in the Riparian Setback (7) A modification is granted from Tallmadge Codified Ordinance 1157.07, where the minimum front yard setback is 50 feet from the proposed right-of-way per the Tallmadge Thoroughfare Plan, allowing a 10’ variance to accommodate a building footprint least affecting the Riparian Setback. MOTION 2 I move to approve the modification request for Item #PZ 20-09-02, Mr. & Mrs. Lorkowski, applicant/owner for the property located at 1034 Martindale Dr. (Parcel No 6008392) from Tallmadge Codified Ordinance 1191.10, every principal building shall be located on a lot having required frontage on a fully improved public street upon the showing based on the plans and application submitted to the Zoning Department on August 20 & 24, 2020 and that there was a showing that compliance with the procedural requirements of these regulations and that all requested modifications requested per the application are granted upon a finding that there are unusual or exceptional factors or conditions that require such modification due to a finding that: (1) unusual topographical or exceptional physical conditions exist Submitted by Planning & Zoning Department: Helene Hussing, Manager ITEM # PZ 20-09-02 September 3, 2020 6|Page (2) strict compliance with the regulations would create an extraordinary hardship in the face of the exceptional conditions (3) the approved modifications depart from these regulations only to the extent necessary to remove the extraordinary hardship, (4) the modifications granted will not be detrimental to the public interest nor in conflict with the intent and purposes of the regulations when modified, and (5) require such other conditions to be met based on the evidence presented as the Commission may find necessary to accomplish the purposes of these regulations when modified, which shall include the following: (Possible Conditions and Modifications – Conditions of approval may include but not be limited to) (1) The driveway extending into the Right-of-Way must meet the standards of improvements agreed to by the City of Tallmadge (2) Approval of construction materials and inspection services by City of Tallmadge Public Service Department Submitted by Planning & Zoning Department: Helene Hussing, Manager  CHAPTER 1190 OF TALLMADGE CODIFIED ORDINANCES APPENDIX: WOODY PLANTS SUITABLE FOR RIPARIAN AREAS Flood Tolerance* Shade Tolerance ** Common Name High Flood Tolerance* Aronia arbutifolia 3 Red chokeberry Aronia melanocarpa 3 Black chokeberry Cephalanthus occidentalis 5 Common buttonbush Clethra alnifolia 2 Summersweet clethra *** Cornus amomum 4 Silky dogwood Cornus stolonifera (sericea) 5 Redosier dogwood Hamamelis vernalis 3 Vernal witchhazel *** Ilex decidua 3 Possumhaw *** Ilex glabra 2 Inkberry *** Ilex verticillata 3 Common winterberry Itea virginica 1 Virginia sweetspire *** Magnolia virginiana 2 Sweetbay magnolia *** Myrica pensylvanica 4 Northern bayberry Physocarpus opulifolius 4 Common ninebark Potentilla fruticosa 4 Bush cinquefoil Sambucus canadensis 1 American elderberry Salix x cotteti 5 Bankers willow *** Salix exigua 5 Sandbar willow Salix purpurea 5 Streamco willow *** Viburnum cassinoides 2 Witherod viburnum Parthenocissus quinquefolia 1 Virginia creeper (vine) Moderate Flood Tolerance* Calycanthus floridus 1 Common sweetshrub Hypericum kalmianurn 5 Kalm St. John's wort Viburnum dentatum 2 Arrowwood viburnum Xanthorhiza simplicissima 1 Yellowroot *** Intermediate Flood Tolerance* Aesculus parviflora 2 Bottlebush buckeye *** Aesculus pavia 2 Red buckeye *** Cornus racemosa 2 Gray dogwood Lindera benzoin 1 Common spicebush Rosa setigera 4 Prairie rose Campsis radicans 3 Trumpetcreeper (vine) Lonicera dioica 2 Limber honeysuckle (vine) TCO 1190: Appendix 1|Page  CHAPTER 1190 OF TALLMADGE CODIFIED ORDINANCES APPENDIX: WOODY PLANTS SUITABLE FOR RIPARIAN AREAS Flood Tolerance* Shade Tolerance ** Common Name Corylus americana 2 American filbert Diervilla lonicera 1 Dwarf bushhoneysuckle Fothergilla gardenii 1 Dwarf fothergilla *** Fothergilla major 1 Large fothergilla *** Hydrangea arborescens 1 Smooth hydrangea Hydrangea quericifolia 1 Oakleaf hydrangea *** Mahonia aquifolium 1 Oregongrape holly *** Rosa carolina 4 Carolina rose Rubus odoratus 1 Fragrant thimbleberry Vaccinium stamineum 2 Common deerberry Low Flood Tolerance* Arctostaphylos uva-ursi 4 Bearberry Cornus rogusa 1 Roundleaf dogwood Corylus americana 2 American filbert Diervilla lonicera 1 Dwarf bushhoneysuckle Fothergilla gardeni 1 Dwarf fothergilla *** Fothergilla major 1 Large fothergilla *** Hydrangea arborescens 1 Smooth hydrangea Hydrangea quericifolia 1 Oakleaf hydrangea *** Mahonia aquifolium 1 Oregongrape holly *** Rosa carolina 4 Carolina rose Rubus odoratus 1 Fragrant thimbleberry Symphoricarpos albus 1 Common snowberry Vaccinium stamineum 2 Common deerberry No Flood Tolerance* Amorpha canescens 5 Leadplant *** Ceanothus americanus 3 New Jersey tea Comptonia peregrina 2 Sweetfern Dirca palustris 1 Leatherwood Hypericum frondosum 5 Golden St. John's wort Juniperus communis 5 Common juniper Juniperus horizontalis 5 Creeping juniper *** Rhus aromatica 5 Fragrant sumac Sambucus pubens 1 Scarlet elder Symphoricarpos albus 1 Common snowberry TCO 1190: Appendix 2|Page  CHAPTER 1190 OF TALLMADGE CODIFIED ORDINANCES APPENDIX: WOODY PLANTS SUITABLE FOR RIPARIAN AREAS Flood Tolerance* Shade Tolerance ** Common Name *High Flood Tolerance: Generally lowland wet species surviving when flooded or exposed to high water table more than 40% of the growing season. *Moderate Flood Tolerance: Generally lowland wet species surviving when flooded or exposed to high water table more than 30% of the growing season but less than 40%. *Intermediate Flood Tolerance: Generally lowland wet-mesic species surviving occasional inundation or elevated water table between 20% and 30% of the growing season. *Low Flood Tolerance: Generally upland mesic and mesic-dry species rarely inundated or exposed to an elevated water table for periods of short duration, between 5% and 20% of the growing season. *No Flood Tolerance: Generally upland dry species exhibiting immediate and rapid decline frequently culminating in death if inundated or exposed to elevated water table for more than 5% of the growing season. **Shade Tolerance: Shade tolerance means able to grow in a state of health and vigor beneath dense shade. In this ranking, shrubs and vines are ranked on a scale of 1 to 5, with 1 being very shade tolerant, and 5 being very shade intolerant. Notes: 1. The majority of plants listed are available on the local commercial market and do not displace native species. 2. The cultivated varieties ("cultivars") of the species listed above may also be used. 3. Primary information taken from Hightshoe, Gary, 1987. Native Trees, Shrubs, and vines for Urban and Rural America. Van Nostrand. NY, NY. 4. For further assistance contact Roger Gettig, Landscape Consulting Program, The Holden Arboretum, or Steve Roloson, ODNR Scenic Rivers Program. (Ord. 25-2006. Passed 8-10-06.) TCO 1190: Appendix 3|Page