STAFF REPORT To: Municipal Planning Commission Meeting Date: October 4, 2012 Applicant: Status of Applicant: Project Engineer

for Speedway Requested Action: Conditional Use Permits and Preliminary Site Plan Purpose: Existing Zoning: Parcel ID Number: Location: Size: Surrounding Land Use and Zoning:

2, 3 & 6

Prepared By: Ronald M. Traub, Director Economic & Community Development

David Bradt of Richard R. Bowen & Associates for Speedway, LLC

To construct a gas station (CUP) with convenience store with a reduction to the buffer set back and planting requirements (CUP). B-2, General Business 16-A-002-B-00-001, 002, 003-0 7590 Mentor Avenue Proposed building is 3,936 sq. ft. on a 1.45 acre site.

Existing Land Use: furniture store

North: Mentor Garden Apartments; zoned R-10, Multi-Family Residential, car wash, East Coast Frozen Custard and retail building; zoned B-2, General Business East: Aspen Dental and vacant retail; zoned B-2, General Business South: Vacant residential lot and existing single family homes; zoned R-2, Single Family Residential West: Vacant (former Boaters World) building; zoned B-2, General Business. Zoning History: The furniture store was constructed in 1968 for a Kronheims. In November of 1989, the Board of Building and Zoning Appeals approved a parking variance for a building addition with the stipulation that any future use of the existing building and addition will be occupied by a furniture use only. Applicable Regulations: Chapter 531 Noise Control 1133 Site Development Plans 1135 Conditional Use Permits 1162 Landscaping, Screening and Buffering

Public Utilities: Existing utility connections will be extended from the south side of the Mentor Avenue rightof way to the proposed building and parking lot inlet basins. Electrical service will be underground from an existing overhead electrical pole located along the rear property line. Engineering Comments: 1. A Building Permit is required for new buildings. Plans shall be submitted for permit review by the Chief Building Official for conformance with the Ohio Building Code and necessary permits obtained. 2. An accessible route shall be provided from the accessible parking to the building entrance. 3. Final site plan to conform to City standards (available upon request) as part of next submittal. 4. Right of entry/easement from adjacent properties for off site work shall be acquired and a recorded copy provided to the City when submitting for a building permit. 5. Sidewalk conforming to City standards shall be constructed along front property and curb ramps shall be constructed in walkways and driveways. 5 (minimum) uniform treelawn width shall be provided. Plans do not show existing walk.
/var/www/apps/conversion/current/tmp/scratch_3/112095506.doc CUP-9-12-3367-3368 Site-11-09-1113

6. Pavement open cut proposed for gas and water on Mentor Avenue, will require approval from Mentor City Council. Right-of-way permit and Council approval to be coordinated through City Engineering Department. 7. All existing utilities and proposed service connections shall be indicated on plan in their entirety. Include phone/cable/electric connections. 8. All existing cracked, and/or damaged, substandard sidewalk along front property line shall be replaced. 9. If any existing drive apron is to be abandoned, reconstruct curb to match adjacent curbing. Area behind curb shall be restored. 10. No cross access easement has been recorded with property to the east. Owner of property opposes cross access. Modify site plan accordingly. 11. Drive apron shall be located the maximum distance from street intersections and be consistent with internal traffic needs and movements. 12. The results of the trip generation study do not indicate traffic impacts significant enough to require a traffic impact study. 13. Handicap signing and mounting heights shall be detailed on the plans. Signs shall be mounted to a 7 height to bottom of sign. 14. All traffic control devices shall be designed, installed and maintained in conformance with the Ohio Manual of Uniform Traffic Control Devices and shall be detailed on the plan. Provide appropriate directional traffic control to promote safe and free flowing traffic movement within site. All sign sheeting material shall be Type H reflective sheeting. All signs shall be mounted at a 7 height to the bottom of the sign. 15. Provide a method for positive drainage between proposed landscape mound and adjacent residential parcels. Applicant shall provide written confirmation and plan modifications with next submittal as to the disposition of each of the above comments. Fire Department Comments: Turning radius shall be 25' inside and 50' outside. Provide roll over islands in the aprons. Provide fire hydrants per city ordinance. Additional fire hydrant might be required. Request Knox Box entry system. Police Department Comments: Noise and light concerns onto residential property to the south. No outside music Gas tank location looks good for after hours gas delivery noise concerns. Analysis: The applicant is requesting preliminary site plan approval to construct a Speedway Service Station at 7590 Mentor Avenue. The request includes conditional use permits (CUPs) for the service station use and a reduction in the buffer requirement. The service station will not have an outdoor patio area. The site is located at the southeast corner of the intersection of Mentor Avenue and Middlesex Road and is currently occupied by a furniture store. A separate demolition permit is required should the building be demolished prior to the issuance of a building permit for the gas station. The site is zoned B-2, General Business and is surrounded in part by commercially zoned lands with the exception of three (3) residentially zoned parcels located at the rear of the site. Existing homes are located on the two (2) parcels on Brentwood Road while the parcel on Middlesex Road is a vacant lot in common ownership with the existing home at 7893 Middlesex Road. The existing conditions survey indicates the existing parking lot pavement extends to the property line and is currently screened with a six-ft. wood fence. The 27,687 sq. ft. furniture store is set back 25-ft. from the south property line and 24.5-ft. from the east property line abutting the residentially zoned properties. The applicant is requesting a reduction in the buffer requirement per Chapter 1162.11 Buffering
/var/www/apps/conversion/current/tmp/scratch_3/112095506.doc CUP-9-12-3367-3368 Site-11-09-1113

Requirements in which a commercial facility with operating hours past 11:00 P.M. when adjacent to a residential land use requires Buffer Type H with a minimum 50-ft. set back, solid eight (8)-ft. masonry wall or fence and a six (6)-ft. high berm. The Speedway service station will be open 24 hours/day. The site plan depicts the location of the 50-ft. buffer set back along the residential properties. The southwest corner of the building will be set back 42.5-ft. from the rear property line. The southeast corner of the building will be set back 47.7-ft. from the property line. The planting requirement for Buffer Type H per 50-ft. of buffer depth requires 14 canopy trees, 12 understory trees, 48 shrubs and 30 evergreens per 100 lineal feet. The lineal buffer distance is approximately 324-ft. requiring 45 canopy trees, 39 understory trees, 156 shrubs and 97 evergreen trees. The buffer proposal includes the installation of an eight (8)-ft. white vinyl fence along the south and east side property line. A four (4) to five (5)-ft. high earthen berm will be constructed within the 50-ft. buffer area and will be planted with a combination of 11 canopy trees, 31 pine trees and 39 ornamental grass. Positive drainage shall be provided between the proposed mound and adjacent residential properties. The final landscape plan shall include a plant material list detailing the type and size of plant material to be installed. The Administration is recommending the buffer plantings include an Autumn Blaze Red Maple as a canopy tree and Colorado Spruce as a pine tree. The Autumn Blaze is a fast growing tree with a height and spread of 40 to 60 feet. The Colorado Spruce has a spread of 20 25 feet and height of 60 -75 feet and will provide an excellent visual and sound buffer year around. Additional plantings shall be installed at the west end of the berm mounding along Middlesex Road for headlight mitigation of the adjacent residential properties. Ornamental grasses planted within the front set back area along Middlesex Road will provide screening of vehicle headlights making left turns into the proposed drive apron. It may be appropriate to approve the CUP for the buffer request as part final site plan request requiring a final landscape with a detailed planting list. Per Chapter 1135.01 Conditional Use Permits are required for Service Stations uses in the B-2 General Business district. Speedway proposes to have six (6) gas islands with dispensers located under a 28 x 145 canopy with a 3,936 sq. ft. convenience store. The floor plan provides the typical store layout with three (3) sales counters, food and beverage counters, beverage coolers including a walk in cooler, offices, storage room and restrooms. The facility will have a staff of 15 employees for three (3) shifts of five (5) employees per shift. Merchandise deliveries generally arrive on box trucks that unload at the front of the store and then wheel the merchandise through the front or rear door. A sidewalk will be constructed at the west side and rear of the building providing access to the rear entrance door. A retaining wall will be constructed along the rear side walk adjacent to the proposed landscape mound. The final site and/or landscape plan shall provide a construction detail of the proposed retaining wall. Fuel delivers to the site are anticipated to occur approximately 20 times per month. Speedway will limit the delivery hours of both fuel and merchandise to the hours of 7:00 A.M. to 9:00 P.M. in compliance with Chapter 531 Noise Control. An air pump and kerosene dispenser are located at the west side of the parking lot. The landscape plan shall provide evergreen plantings around the perimeter of the air pump and kerosene dispenser for screening. Two ice machines and a propane exchange tank are proposed within a fenced-in area at the west side of the building. The outside sales area will be fence with six (6)-ft. high white vinyl fencing to match the buffer fencing. Per code section 1161.04 Special Provisions Applicable to Commercial Zones, outside displays, storage areas or vending machines shall not occupy public or private sidewalks, drive aisles, landscape areas or parking areas, unless designated as an outside vending and storage area on a site development plan approved by the Municipal Planning Commission. A screened trash enclosure is located adjacent to the outside sales area and will be constructed of split face block to match the building with a chain link gate with vinyl privacy slats. The site plan includes the location of the 30-ft. minimum building set back along Mentor Avenue and Middlesex Road. Proposed building set backs are 162-ft from Mentor Avenue, 175-ft. from Middlesex Road; and 62-ft. from the east side property line. The rear building set back encroaches
/var/www/apps/conversion/current/tmp/scratch_3/112095506.doc CUP-9-12-3367-3368 Site-11-09-1113

slightly into the 50-ft. buffer set back as previously indicated in the CUP buffer analysis. An existing traffic signal is located at the intersection of Mentor Avenue and Middlesex Road with a painted cross walk and pedestrian crossing signal. The site currently has three existing access points; two (2) on Mentor Avenue and one (1) on Middlesex Road. The easterly Mentor Avenue access drive was a shared drive apron installed as part of the Mentor Avenue widening project completed by the State. There is not a filed cross access easement associated with the existing access drive to the east, and the adjacent property owner opposes an interconnect with the gas station. The easterly drive apron will be shifted to the west entirely on the Speedway property requiring the relocation of an existing over head utility pole and fire hydrant. Cross access between the parking lots will be eliminated with the inclusion of green space and landscaping. Any of the existing drive aprons that are abandoned shall be reconstructed with curbing and the right-of-way area behind the curbing shall be restored. The westerly Mentor Avenue drive apron is a 30-ft. wide access drive providing for right-in and right-out turning movements. The access drive is located approximately 340-ft. from the centerlines of the access drive to the street intersection. The Middlesex Road access drive is a 35-ft wide access drive that provides for full turning movements. It may be appropriate to include a stipulation that the relocation of the Mentor Avenue access drive shall be reviewed and approved as part of the final site plan. The number of parking spaces required for a service station use with a convenience store is 16 parking spaces; the site provides for 22 spaces including one (1) handicapped space. An accessible route shall be provided from the handicapped parking space to the building entrance. The existing conditions site plan indicates an existing sidewalk with a tree lawn is located within the street rightof-ways on Mentor Avenue and Middlesex Road. Any damage section of sidewalk shall be repaired and/or replaced. The City Engineer has commented that the results of the trip generation study do not indicate traffic impacts significant to require a traffic impact study. Preliminary building elevations indicate a single story brick building with a hipped roof. Staff would recommend some architectural detailing such as below the windows. The building will be constructed from a split faced, single-scored pigmented concrete block in two colors. The insulated glass windows and doors have bronze colored aluminum frames. The hipped roof will have OwensCorning fiberglass self-sealing laminated shingles. The aluminum gutters are red. Roof mounted mechanical equipment is located in bump out area on the rear building elevation. A metal ladder provides access to the mechanical units and metal safety railing is provided. Per Chapter 1162.06 Screening, all service structures shall be screened from neighboring properties. A fiberglass fabric could be attached to the safety railing in order to screen the HVAC units from the adjacent residential properties to the south. The final site plan submittal shall include building elevations of the gas canopy. The support columns shall be enclosed in brick to match the building. The final landscape plan shall provide for street trees located forty (40)-ft. on center; foundation plantings along the front wall of the building; a canopy tree within the landscape island; low growth entrance plantings; a plant material list detailing the size and type of plantings; and an underground irrigation system. The applicant is advised that a landscape bond in the amount of 100 percent of the cost of the plant material and installation shall be posted prior to the issuance of a building permit. The applicant is advised that a photometric plan indicating the level of lighting at the property line which shall not exceed 11 lux is required as part of the final site plan submission. The plan shall provide detailed cut sheets of all outdoor lighting fixtures which shall be fully shielded. The height of any outdoor light poles shall not exceed the height of the building. Stipulations CUP Service Station:
/var/www/apps/conversion/current/tmp/scratch_3/112095506.doc CUP-9-12-3367-3368 Site-11-09-1113

This permit is valid for Speedway, LLC and is not transferable without the approval of the Planning Commission. 2. This permit shall be null and void if the use for which it is granted does not commence within twelve (12) months of the date of issuance or if said use is abandoned for a period of six (6) months or more following its establishment. 3. This permit may be revoked by the Administrator and/or Planning Commission for violation of any of the above conditions or any of the provisions of the zoning code. Appeals of the Administrator's decision to revoke the permit shall be made to the Planning Commission. Such appeals must be filed with the Department of Economic & Community Development within ten (10) days of receipt of the notice of revocation. 4. Delivers of merchandise and fuel and trash disposal shall be prohibited between the hours of 9:00 P.M. and 7:00 A.M in compliance with Chapter 531 Noise Control.
1.

Stipulations CUP Buffer: 1. This permit is valid for Speedway, LLC and is not transferable without the approval of the Planning Commission. 2. This permit shall be null and void if the use for which it is granted does not commence within twelve (12) months of the date of issuance or if said use is abandoned for a period of six (6) months or more following its establishment. 3. This permit may be revoked by the Administrator and/or Planning Commission for violation of any of the above conditions or any of the provisions of the zoning code. Appeals of the Administrator's decision to revoke the permit shall be made to the Planning Commission. Such appeals must be filed with the Department of Economic & Community Development within ten (10) days of receipt of the notice of revocation. 4. The southwest corner of the building will be set back 42.5-ft. from the rear property line. The southeast corner of the building will be set back 47.7-ft. from the property line. Stipulations Preliminary Site: 1. The applicant shall provide written confirmation as to the disposition of each of the City Engineer's and Fire Department Comments as parts of the final site plan submission. 2. The relocation of the Mentor Avenue access drive shall be reviewed and approved as part of the final site plan and shall not provide for cross access with the adjoining property owner to the east. 3. Two (2) ice machines and one (1) propane exchange tank are permitted to be located in the outdoor sales area that shall be screened with six (6)-ft. white vinyl fencing. Exhibits: Cover Letter, Site Plan, Floor Plan, ALTA Survey, Colored Building Elevations, GIS Map

/var/www/apps/conversion/current/tmp/scratch_3/112095506.doc

CUP-9-12-3367-3368 Site-11-09-1113