Agenda

Pledge of Allegiance

1.

Discuss and take action regarding approval of the minutes of the April 16, 2019 Planning and Zoning Commission meeting.

Motion: Approval of the minutes as presented.

Moved by Commissioner Eileen Resnik, Seconded by Vice Chair Linda Groce

AYE:	Chair Kathryn Wheeler, Vice Chair Linda Groce, Commissioner Jerry Dougan, Commissioner John Meleky, Commissioner Eileen Resnik, Commissioner Tom Souers
Other:	Commissioner Robert Catalani (ABSENT)
Passed

2.

PUBLIC HEARING Case 1797-SUP/Zero Latency. Public hearing, discussion, and take action on a recommendation regarding an ordinance changing the zoning on property located at 5100 Belt Line Road Suite 510, which property is currently zoned PD, Planned Development, through Ordinance 012-001, by approving a Special Use Permit for commercial amusement.

Discussion:
Charles Goff, Director of Development Services, presented the Staff Report.

Jason Wright with Zero Latency answered questions from the Commission regarding the flow and functionality of the space, parking demand, and details of the gaming experience.

Chair Kathryn Wheeler opened the meeting as a public hearing.

Public Hearing: There were no speakers on this item.

Chair Kathryn Wheeler closed the public hearing.

Motion: Recommend approval of the request as presented.

Moved by Commissioner Eileen Resnik, Seconded by Vice Chair Linda Groce

AYE:	Chair Kathryn Wheeler, Vice Chair Linda Groce, Commissioner Jerry Dougan, Commissioner John Meleky, Commissioner Eileen Resnik, Commissioner Tom Souers
Other:	Commissioner Robert Catalani (ABSENT)
Passed

3.

PUBLIC HEARING Case 1798-SUP/Stirr. Public hearing, discussion, and take action on a recommendation regarding an ordinance changing the zoning on property located at 5100 Belt Line Road Suite 540, which property is currently zoned PD, Planned Development, through Ordinance 012-001, by approving a Special Use Permit for a two-story restaurant with the sale of alcoholic beverages for on-premises consumption only.

Discussion:
Charles Goff, Director of Development Services, presented the Staff Report.

Maxwell Fisher representing Milkshake Concepts answered questions from the Commission regarding the business operation, purpose of the proposed DJ booth, the volume of the music on the second floor, build out time, and potential impacts of the exterior remodel on the surrounding businesses as well as pedestrians. The applicant stated that the proposed DJ booth is solely for the purpose of providing background music and that the space will be used as a restaurant so there will not be a dance floor.

Chair Kathryn Wheeler opened the meeting as a public hearing.

Public Hearing: There were no speakers on this item.

Chair Kathryn Wheeler closed the public hearing.

Motion: Recommend approval of the request with the following condition:

The applicant shall not use any terms or graphic depictions that relate to alcoholic beverages in any exterior signage.

Moved by Vice Chair Linda Groce, Seconded by Commissioner Eileen Resnik

AYE:	Chair Kathryn Wheeler, Vice Chair Linda Groce, Commissioner Jerry Dougan, Commissioner John Meleky, Commissioner Eileen Resnik, Commissioner Tom Souers
Other:	Commissioner Robert Catalani (ABSENT)
Passed

4.

PUBLIC HEARING Case 1795-Z/BGO Architects. Public hearing, discussion, and take action on a recommendation regarding an ordinance changing the zoning on property located at 4595 Excel Parkway, which property is currently zoned Planned Development (PD) through Ordinance 595, as amended by Ordinance 004-043, by approving a new PD district.

Discussion:
Charles Goff, Director of Development Services, presented the Staff Report.

Erik Earnshaw, CEO of BGO Architects answered questions from the Commission regarding business operation and company focus.

Chair Kathryn Wheeler opened the meeting as a public hearing.

Public Hearing: There were no speakers on this item.

Chair Kathryn Wheeler closed the public hearing.

Motion: Recommend approval of the request as presented.

Moved by Commissioner Eileen Resnik, Seconded by Commissioner John Meleky

AYE:	Chair Kathryn Wheeler, Vice Chair Linda Groce, Commissioner Jerry Dougan, Commissioner John Meleky, Commissioner Eileen Resnik, Commissioner Tom Souers
Other:	Commissioner Robert Catalani (ABSENT)
Passed

5.

PUBLIC HEARING Case 1796-Z/3820 Belt Line Road. Public hearing, discussion, and take action on a recommendation regarding an ordinance changing the zoning on property located at 3820 Belt Line Road, which property is currently zoned Planned Development (PD) through Ordinance 093-018, as amended by Ordinance O15-030, by approving a new PD district.

Discussion:
Charles Goff, Director of Development Services, presented the Staff Report.

Commissioner Souers inquired whether staff had discussed the conditions of the case with the applicant. Charles Goff responded that the applicant is aware of these conditions but is respectfully requesting to consider the plans as submitted.

Mathias Haubert, with Bohler Engineering, answered questions from the Commission regarding relocation of the handicapped parking space, relocating the sidewalk and landscape buffer per the master transportation plan requirements, façade glazing requirement, two-story height requirement, site access, circulation and safety, and the costs associated with meeting the Belt Line district requirements. Additional information was provided with regard to the drive through uses, circulation, peak hours, vehicle queuing, and proposed noise mitigation.

Commissioner Dougan commented that the some of the community voiced concerns about the proposed drive through uses.

Chair Kathryn Wheeler inquired about the feasibility of adding glazing on the facades where the interior is utilized for back of house service. Charles Goff responded that there are several ways to address this requirement by exploring different locations and glazing transparency.

Chair Kathryn Wheeler opened the meeting as a public hearing.

Public Hearing:
There were three speakers. Two speakers spoke in opposition: Jane Lenz, residing at 3942 Asbury Lane, and Harsha Puttaswamy, residing at 3881 Asbury Lane. One speaker spoke on the item: Mary Reed, residing at 3778 Vitruvian Way.

Chair Kathryn Wheeler closed the public hearing.

Commissioner Resnik inquired whether staff had discussed bus stop improvements with the applicant. Charles Goff responded that the Belt Line 1.5 project calls for a number of enhancements along the corridor, inclusive of bus stops, however, those designs have not yet been finalized. The property was able to comply with the landscape requirements; therefore, staff was not able to request that the developer provide the bus stop improvements per the Belt Line 1.5 standards. Since the proposed plans did not comply with the master transportation plan and no changes were being proposed along Belt Line Rd, conversations about bus stop improvements did not take place. If the plans move forward as proposed by the applicant, without implementation of the Master Transportation Plan, the existing bus stop would remain in the same location, but no bus shelter would be provided.

Commissioner Dougan inquired about the Town providing sidewalk improvements along Commercial Drive. Charles Goff responded that at the moment there is nothing in the works to provide sidewalk improvements by the Town, but that is something that would be addressed at the time of that particular parcel’s redevelopment.

The Commission had a discussion on the conditions of staff’s recommendation.

Motion: Table the item until the Jun 18th, 2019 Planning and Zoning Commission meeting.

Moved by Vice Chair Linda Groce, Seconded by Commissioner Eileen Resnik

AYE:	Vice Chair Linda Groce
NAY:	Chair Kathryn Wheeler, Commissioner Jerry Dougan, Commissioner John Meleky, Commissioner Eileen Resnik, Commissioner Tom Souers
Other:	Commissioner Robert Catalani (ABSENT)
Failed

Motion: Recommend approval of the request with the following conditions:

The minimum lot size for this Planned Development shall be 2.034 acres.
The east and west facades of the standalone restaurant building shall be revised to meet the 30% glazing requirement of the Belt Line District
The site plan and landscape plan shall be amended to comply with the Belt Line District and Master Transportation Plan requirements to include a 14-foot sidewalk directly in front of the front building façades, an 18-foot row of parking, a 24-foot drive aisle, another 18-foot row of parking, then a 4-foot landscape buffer, and an 8-foot sidewalk protected by a 8-foot parkway buffer from Belt Line Road.
The parking space encroaching into the pedestrian walkway between the two buildings shall be relocated.
The wood screen fence between the stand-alone restaurant drive through and the private drive facing the townhomes shall be increased to 8 feet in height.

Moved by Commissioner Eileen Resnik, Seconded by Vice Chair Linda Groce

AYE:	Chair Kathryn Wheeler, Vice Chair Linda Groce, Commissioner Jerry Dougan, Commissioner John Meleky, Commissioner Eileen Resnik, Commissioner Tom Souers
Other:	Commissioner Robert Catalani (ABSENT)
Passed

6.

PUBLIC HEARING Case 1799-SUP/Smoothie King. Public hearing, discussion, and take action on a recommendation regarding an ordinance changing the zoning on property located at 3820 Belt Line Road, which property is currently zoned Planned Development (PD) through Ordinance 093-018, as amended by Ordinance O15-030, by approving a restaurant with a drive-through.

Discussion:
Charles Goff, Director of Development Services, presented the Staff Report.

Commissioner Resnik requested that the 8-foot fence be added as a condition to this item based on the previous item conditions.

Commissioner Dougan inquired about the proximity of the adjacent residential neighborhood. Charles Goff clarified that this property is approximately 120 feet from the Asbury Circle neighborhood, if measured property line to property line.

Chair Kathryn Wheeler opened the meeting as a public hearing.

Public Hearing: There were no speakers on this item.

Chair Kathryn Wheeler closed the public hearing.

Motion: Recommend approval of the request with the following conditions:

Any drive-up or drive through speaker system shall emit no more than fifty (50) decibels and at no time shall any speaker system be audible from the residential properties in the Asbury Circle neighborhood.
The east and west facades of the standalone restaurant building shall be revised to meet the 30% glazing requirement of the Belt Line District.
The wood screen fence between the stand-alone restaurant drive through and the private drive facing the townhomes shall be increased to 8 feet in height.

Moved by Vice Chair Linda Groce, Seconded by Commissioner Eileen Resnik

AYE:	Chair Kathryn Wheeler, Vice Chair Linda Groce, Commissioner Jerry Dougan, Commissioner John Meleky, Commissioner Eileen Resnik, Commissioner Tom Souers
Other:	Commissioner Robert Catalani (ABSENT)
Passed

7.

PUBLIC HEARING Case 1800-SUP/Dunkin Donuts. Public hearing, discussion, and take action on a recommendation regarding an ordinance changing the zoning on property located at 3820 Belt Line Road, which property is currently zoned Planned Development (PD) through Ordinance O93-018, as amended by Ordinance O15-030, by approving a restaurant with a drive-through.

Discussion:
Charles Goff, Director of Development Services, presented the Staff Report.

Chair Kathryn Wheeler opened the meeting as a public hearing.

Public Hearing: There were no speakers on this item.

Chair Kathryn Wheeler closed the public hearing.

Motion: Recommend approval of the request with the following condition:

Any drive-up or drive through speaker system shall emit no more than fifty (50) decibels and at no time shall any speaker system be audible from the residential properties in the Asbury Circle neighborhood.

AYE:	Chair Kathryn Wheeler, Vice Chair Linda Groce, Commissioner Jerry Dougan, Commissioner John Meleky, Commissioner Eileen Resnik, Commissioner Tom Souers
Other:	Commissioner Robert Catalani (ABSENT)
Passed

Moved by Commissioner John Meleky, Seconded by Commissioner Eileen Resnik

AYE:	Chair Kathryn Wheeler, Vice Chair Linda Groce, Commissioner Jerry Dougan, Commissioner John Meleky, Commissioner Eileen Resnik, Commissioner Tom Souers
Other:	Commissioner Robert Catalani (ABSENT)
Passed

8.

PUBLIC HEARING Case 1794-Z/Prestonwood Place. Public hearing, discussion, and take action on a recommendation regarding an ordinance changing the zoning on property located at 5290 Belt Line Road, which property is currently zoned Local Retail (LR), by approving a new Planned Development (PD) district.

Discussion:
Charles Goff, Director of Development Services, presented the Staff Report.

Commissioner Souers inquired as to whether staff’s condition for the improved pedestrian path through the parking lot was calculated in the 10% landscape coverage. Charles Goff responded that this would be an addition to the proposed 10% landscape coverage.

Commissioner Meleky inquired about the height of the officer/retail building. Charles Goff responded that the building is two full stories with higher than usual ceiling heights, make the building over the required Local Retail district maximum height of 29 feet. The proposed Planned Development (PD) district would allow the current height of the building. Bringing it into conformance with zoning.

Sandy Spurgin, with Northwood Retail, answered question from the Commission regarding the cost and feasibility of the proposed pedestrian path improvements, proposed landscaping improvement throughout the site, impacts on the existing tenants, bus stop and shelter improvements, the proposed Nichiha product, the consistency of design and color schemes throughout the center, driveway closures, developer experience in the area, timeframe for project completion,

Chair Kathryn Wheeler opened the meeting as a public hearing.

Public Hearing: There was one speaker on this item, Jack Shisler, residing at 14917 Oaks North Drive.

Chair Kathryn Wheeler closed the public hearing.

The Commission had a discussion regarding staff’s condition for improvements to the pedestrian connection across the parking lot.

Motion: Recommend approval of the request with the following condition:

The proposed east to west pedestrian connection across the parking lot should be improved to provide an 8-foot wide sidewalk.

Moved by Vice Chair Linda Groce, Seconded by Commissioner Jerry Dougan

AYE:	Chair Kathryn Wheeler, Vice Chair Linda Groce, Commissioner Jerry Dougan, Commissioner John Meleky, Commissioner Eileen Resnik, Commissioner Tom Souers
Other:	Commissioner Robert Catalani (ABSENT)
Passed