Planning Commission - Regular Meeting

All right. Good morning. Today is Tuesday, August 12th for the LI Planning Commission. Um here this morning, uh roll call. Mr. Aiden, Mr. Battle, Mr. Hubard, Miss Rivera, present. Mr. Powski here. Mayor Brewaker here. Mr. Tedro here. All right. I'll entertain a motion to approve the minutes as distributed from July 8th, 2025. Moved by Mr. Director Pronowski, second by Miss Rivera. Any further discussion?

All in favor? I. I. Oppose. Nay. Motion carried. Item number four, miscellaneous correspondence. We have none. Item number five, new business. None. Item number six, old business. None. And we have several public hearings here this morning. Uh the first one on the docket is 2025-100081 Khovanian Homes 3296 Columbia Road, Richfield, Ohio 44286. Request for a final plat for Harvest Meadows subdivision phase number four. Um Mr. Craig, do we want to go to proponents or we want to go to um staff reports?

Would go to staff reports first. Let's do that first. All right, Mr. Shing.

Thank you, Mr. Chair. Through you, uh, the request for 2025100081 is for final approval or rather a approval of a final plat uh for the Harvest Meadow subdivision phase 4. The property is currently zoned residential planned unit development. Applicant is requesting a total of 44 lots and a total of 18.51 acres. Uh the comments uh from city departments are as follows. Uh the city engineer provided correspondence indicating a utility easement on Cedarwood Trail be extended to the far west property line uh towards the United Polish Club of Valeria property parcel number 10007107 through block FNG indicated on the site plan provided in your application. Recommendation from staff is uh approval of the final plat with the condition of the extension of the utility easement provided per the comment from the engineering department. Thank you.

All right. Thank you, Mr. Shing. Engineer Schneider. Thank you, Mr. Chairman. Uh as Mr. Shing said, the only comment I had was to extend the uh utility easements to the uh adjoining property owner. This way we have connectivity for future. if the Polish Club property ever were to develop, there would be easements already in place along there. So, that was my only comment. Great. Thank you, Mr. Engineer Schneider. Uh, Assistant Chief Gaul, Fire Department has no um the plot approval. No, no objection, sir. Okay. Thank you. Are there any questions from the committee?

Director Ponowski for Engineer Schneider through you, Chairman. uh the utility easement extension that you referenced, does that need to be done? Is that incorporated here? Is that an additional step that we'll do after today's meeting or is that what are we talking about?

Uh currently on the Plaid, it's it stops at sublot 205 and 206 along their property lines. It doesn't extend. Uh I would Yes, I would like to have that extended. That would be my recommendation because in the future if that property to the to the west were to be developed they would have somebody with to come back for additional easements for that if those uh utilities are extended through there in any shape way or or in any way. Uh they can be connected over. Uh so it just basically good housekeeping to keep it connectivity is really what it's about. So I would like to have it done. Yes.

Okay. Thank you. Any other questions from the committee? Seeing none, are there any proponents? Come to the microphone. State your name and address for the record, please. Uh my name is Ismile Jalik. My address is 2556 East Broad Street, Beexley, Ohio. Um with Khovanian Homes. Uh we have no issue with extending the easement. The surveyor is out on vacation this week, but we'll revise the plat and extend the easement to the adjacent property owner. Okay, great. Does that satisfy you, Mr. Okay, any questions for the proponent?

Okay, thank you. Are there any proponents? Are there any proponents? Are there any opponents? Are there any opponents? Are there any opponents? Seeing none, I will entertain a motion to approve 2025100081 Khovvenian Homes 3296 Columbia Road, Richfield, Ohio 44286, the request for the final plat for the Harvest Meadow subdivision phase 4, including the extension of the sewer as directed by engineer Schneider. Do I have a motion? So moved. Moved by Mr. Tedro,

second by Mr. Battle. Any further discussion? All in favor? I. I. Oppose. Nay. Motion carried. The second item on the agenda is 2025100082 Khovanian Homes, 3296 Columbia Road, Richfield, Ohio, 44286, request for a sanitary easement for the Harvest Meadows subdivision. Mr. Showing.

Thank you, Mr. Chair. through you. Uh PC case number 2025100082 uh as indicated is for a san easement along the western side of Indian hollow road. This is associated with the Harvest Meadows subdivision. Um this is near existing portions of uh the Harvest Meadows subdivision. Uh the comments were routed uh to multiple city departments. The city engineer uh indicated that sewers were built to city standards. Uh no further comments uh or rather sewers are to be built to city standards and he had no further comments. Uh recommendation of approval of the senator eastman. Thank you. Great. Thank you Mr. Shy. Engineer Schneider.

Thank you Mr. Chairman. So uh spent some time this uh the sewer has actually already been installed. Uh it's it connects from Harvest Meadows subdivision over to Riverfield Reserve uh where they're currently constructing over there. As Mr. Shing said the the sewer was built to our standards uh and um everything was tested. So we have no objection and recommend approval. Great. Thank you. And assistant chief G and fire department has no comment.

Any questions from the committee? Are there any proponents? Are there any proponents? Are there any proponents? Are there any opponents? Are there any opponents? Are there any opponents? Seeing none, I'll entertain a motion to approve public hearing 2025-100082, Khovania Homes, 3296 Columbia Road, Richfield, Ohio 44286, and the request for a sanitary easement for the Harvest Meadow subdivision. Do I have a motion? Moved by Mr. Battle.

Second by Director Panowski. Any further discussion? All in favor signify by I. I. Oppose. Nay. Motion carried. The next item on the agenda, we are going to actually jump down to uh all three of these are tied to the same um address, but we're going to jump down to public hearing case 2025-100085, Musav LLC, 7716 Depot Road, Lisbon, Ohio 44432 for 525 Mussy Avenue, Ohio. request for a reszone from HI heavy industrial to SI special industrial. Mr. Shing. Thank you, Mr. Chair. Through you for case number 202510 085. Uh the applicant is indicating a request to reszone the property from heavy industrial uses to special industrial. Uh the uh parcels are currently heavy industrial as indicated and the intent is to develop the properties into a business hub uh that will include a uh recycling operation uh as indicated in the most recent application from the uh applicant. Uh the site as indicated is uh currently zoned heavy industrial requirements of which can be found in chapter 1166. Uh it is the purpose of the special industrial district found in chapter 1168 uh is to accommodate a broad range of industrial uses. Um with the request that was given to our uh department uh it was found to be a best fit uh to reszone this property to special industrial. Uh as indicated, the uh request was uh submitted to various city

departments. Uh the city engineer had no comments at this time. The uh fire marshall uh did not either, but the wastewater department did indicate um several recommendations to the board. uh as indicated on page three of your report provided uh I will go along with these um recommendations as well as uh staff from the wastewater department is present. Uh but from the wastewater department they provided a uh the proposed operation will require oversight by city staff particularly regarding the implementation of storm water management practices and the maintenance of updated on-site chemical records. uh in EPA stormwater permit must be obtained. Storm water uh pollution prevention plan must be developed and maintained on site. A facility must maintain compliance with all applicable requirements of the Ohio administrative code. Chapters 3745-400 and 374555. Dust control measures must be implemented in accordance with OAC 3745-17-08. Uh, additional regulatory considerations per the Ohio administrative code are indicated as well in the staff report. And as I indicated, the uh, Shane Derkott with the uh, wastewater department is present. The findings regarding the resoning uh, for this uh, case. Uh previously this was submitted to planning commission on January 7th through case number 202510000000183 uh and was tabled uh by planning commission. The applicant has since revised the application to clarify some of the uses on the property as indicated by the site plan uh and building uses in appendex C of your report. It has been determined that the proposed uses best fit with the special industrial district

and therefore a reszoning is required for the site. The site is bounded to the west uh rather to the south, north and west by properties that have a zoning designation of heavy industrial and to the east of the subject property. There are properties with the residential to household designation. Despite the close proximity of residential uses, the western branch of the Black River provides a natural boundary and separation between the proposed uses and the residential properties. Due to the nature of the surrounding zoning of the site and the natural uh boundary provided by the Black River, uh the proposed SI zoning district does act as a transitional uh zoning district in a predominantly industrial area of the city of Ayria. It should be of note that multiple variances are needed for this site due to several buildings being uh located in the front yard. The applicant has provided a request for a variance. All variances are indicated in the report. Um so overall the recommendation after receiving the information and considering the above listed items, staff does recommend that the resoning request be approved for the property. Um further information will be provided to all of you. uh with the next two case numbers regarding the conditional uses section of this request. They do go hand in hand. Um but like I said, there are uh multiple appendices within this report indicating the current situation of the zoning as well as the site plan provided by the applicant. Uh and I'm available for any further questions. Thank you.

Thank you, Mr. Shy. Mr. Derkott, you come forward and briefly update us on your thoughts on this, please. Please state your name and address.

Shane Derek at 1194 Golf Road. Um yeah, after reviewing um again this there's a lot of history on this property. Uh the the current submitt um as far as from a wastewater perspective, I I would I would encourage to proceed, but we will use caution. We'll have to have city um staff and and things inspect the area. Um, with the residents being to the west, to the east, there's possible dust and debris and nasty smells. Uh, so I just wanted to put that in there uh to leave it up to you uh to make that decision. I've personally been to one of their facilities in Ohio and also to Pennsylvania and I I don't really remember there being residents as close to this here in Ayria. But uh if you have any other questions, I can answer them.

Thank you, Mr. Derkott. Engineer Schneider. Engineering has no comments. Assistant Chief Gaul. Fire Prevention Bureau has no objection to the fire the reszone proposal. Thank you, Assistant Chief. Questions from the committee? Director.

Yeah, through you. Uh Mr. Sha, I know we got two couple of different cases here. So, um I don't want to move too far along without asking my question. Uh we previously had an application from this property owner for a similar project. Part of the issue that existed at that time was we felt like we had we needed more information um as to what they were going to use the property for, how they were going to use it, some other assurances. Uh are we satisfied at this point that those questions have been answered to we're comfortable moving along?

Yeah, through uh through the chair to uh director Pinowski that is correct. We have provided we have been provided with further clarification from the applicants as to the uses of the property. Um the site plan that was provided to all of you in appendix my apologies uh appendix C I believe it is on page eight of your report does provide a breakdown of where these processes and uses will take place. Uh like I said, further information will be provided in the conditional use section of the report um with conditions as well as to restricting the uses of the property to what was provided to our department. Um but as indicated the uh information they provided us was uh much more in depth than that was previously provided in January. Thank you.

Other questions from the committee at this time? Uh, are there any proponents? A proponent, please. Forward. State your name and address for the record, please.

Uh, Kenny Oswald, 237 Pepperdine Drive. Um, Mr. Mayor, thank you for letting me speak. And my apologies. I'm on yard duty today, so sorry about that. Um, so yes, this has come up before. And I think one of the the questions that they were asking at that time was the EPA thing and that the boundaries the Black River and a few of the neighbors weren't so happy. I would like to see something done. It seems like this is a good fit for over in that area. I would just lead to caution. Does there have a follow-up plan with EPA and do they get regular checks like yearly to make sure that what they are supposed to be doing they're doing? So I guess that's my question in caution just like you had mentioned also is there something um you know a game plan for on down the road. So thank you appreciate it.

And Mr. Oswald here in a second probably here very shortly a proponent from the business owner will be speaking and she can answer that. Are there any other proponents?

Good afternoon. Uh my name is Ana Neer. I'm the architect and also the owner's representative uh for the 525 Mussy project. Um I can assure you that EPA approval was uh sought and approved. Um regulatory inspections and regulations will occur at this site. um probably more so than you know a normal site would be. Uh for example, when we typically do what's called a storm water pollution prevention plan, which the chair mentioned as a requirement as part of the storm water and sanitary district, um that will happen. However, this is one step over and above that. So that EPA approval uh will contain this. This is very heavily regulated for the Ohio EPA um as part of the recycling practices of this site. Um I can say that yes, it is adjacent to residential properties. However, with the buffer with the Black River along with the railroad tracks and the heavily um dense landscaping, we don't anticipate um any neighborhood disturbances. We feel that this is a good site, a good fit. Um there is definitely a reason that the owner of this property has pursued this as long as he has because he does feel that this is um a great location uh for this use group. Um it's not a public nuisance. If anything, we hope that it will spur further economic development for the industrial sector of the city of Valyria. Um, in speaking with him, I understand that there's only, you know, a dozen or so of these sites in the entire state of Ohio. Um, so as you can imagine, with labor force, trucking, etc., um, bringing that type of labor force into the city of Valyria will just

further develop the city as a whole. um putting between 15 and 20 um new employees in the city just on this site, cleaning it up as just in general the site is overgrown. Um so just putting the site back to good use. Um obviously under regulatory Ohio EPA regulations.

Thank you. Are there any opponent or proponents? Are there any proponents? Are there any proponents? Are there any opponents? Are there any opponents? Are there any opponents? Seeing none, I'll entertain a motion to approve 2025-100085 Mussy A LLC 7716 depot, Lisbon, Ohio 44432 for 525 Mussy Avenue, Alyri, Ohio. in the request for a reszone from HI heavy industrial to SI special industrial. Do I have a motion? Moved by Miss Rivera. Second.

Second by Mr. Tedro. Any further discussion? All in favor signify by I. I. Oppose. Nay. Motion carried. Next item on the agenda is public hearing case 2025-100083 Musav LLC 7716 depot road Lisbon Ohio 44432 for 525 MSI Avenue Ohio and the request for a conditional use for hazardous materials hazardous storage is found in section 1168.02N Mr. Shing

thank you Mr. chair through you. Uh the staff report that I am to provide here will be for both case numbers 100083 and 84. This will be a combination of both conditional uses that were proposed by the applicant. Um as previously indicated in the last report, uh there was a there is a request to reszone the property from HI to SI zoning. Uh for a point of clarification with the board uh or the commission rather um any use within the special industrial district is only conditionally permitted. There are no principally permitted uses within the special industrial district. So if the applicant at a later time uh conceptually wishes to add more uses to this property, they would need to go through this commission uh to get approval. Um but singular or rather the two uses that the uh applicant has proposed are hazardous manufacturing and hazardous materials section uh per section 116802 of the special industrial zoning district as well as the junkyard gear use per section 116802 as well. Um, as you can see in your proposed zoning, um, it's going over to SI. Um, and there are a multitude of conditionally permitted uses. We are singularly looking at only N and O of that list that can be found on page one and two of your report. So, I just want to make sure everyone is clear on that. Um, moving forward here with city department comments. uh the uh status quo from the wastewater department was provided as well for this report uh regarding their concerns uh that were previously mentioned. Um and also as previously mentioned this came through back in January. More information was provided to us by the applicant. Um, we

are recommending approval of this with the condition to clarify with the condition that the uses that are specifically indicated by the applicant on the site plan um in your appendix uh C as well as correspondence from the applicants on 842025 indicating how the proposed uses on said site plan tie into the uses. Um and the uses for the for a point of record uh with the board here or the commission um as indicated on the site plan include construction and debris demolition, recycling, waste transfer that would be uh classified under under the um excuse me the hazardous manufacturing hazardous material storage uh use. Uh the solidification area would also qualify under that use. uh as well as the sawdust storage on the property. Uh some components of the solidification uh process would qualify as well under junkyard in case there is outdoor storage of the facility for the purpose of sorting some of the stuff that is brought through uh for the process. So uh that that is my point of clarification with all of you is that uh this be conditionally approved uh strictly to the uses that the applicant has proposed based on the correspondence that we had with them on August 4th of this uh August 4th of 2025 as well as what's indicated on the site plan. Um and if you have any further questions I'm available. Thank you.

Thank you Mr. Shony. Mr. Derkott do you have any followup? No. Thank you. Engineer Schneider. Engineering has no comments. Assistant Chief Gaul, no comment at this time. Fire prevention bureau concerns will be addressed during the construction plan review phase if approved. Great. Thank you. Questions from the committee. Mr. Battle, I have a question. Transporting this material is it turn your mic on there. transporting the material. Is there how will it be transported? And the people that doing the transporting, are they licensed to do that?

Uh yes sir. So everything will be transported on a semi- trailers or or box trucks or you know whatever trailer configuration um would be required for that size load and yes all employees would be licensed to handle and process this material. Dire director Panowski.

Thank you through you. Uh Mr. Mr. Shon at the end of your report says it should be noted the separate approval will be required by the building department due to the change in use of the property and to ensure the changes are in conformance with Ohio building code. So I just was curious either from you or Mr. Farcus. Has that process started? Is that process start after this? What what stage might that process be? And I have a follow-up question.

Mr. Chair, Mr. uh Pinowski, we have not received anything official in regards to uh the proposed change in use. Right now, we're in the zoning phase to see what they can do and if granted, I do believe uh the architect would move to the next phase of submitt showing up what we're going to do. Also, um working with Mr. Showning, they are preparing to demolish some buildings on the site to make additional space and that will also trigger a separate permit for demolition.

Very good. One one other question um unrelated uh as Mr. Mr. Shonag indicated we are approving certain uses on the property. Should the property owner like to change those uses, they have to reapply and come to us. So my question is in the event that we receive report that they're operating outside of the approved uses, is it the building department that would investigate that and address that? Is that is that is that my am I understanding that correctly? Should that happen?

Mr. chair through you. It will be a joint process between the fire department and the building department and also the zoning department because it could be a violation of the conditional uses granted. So depending on what's discovered, worst case scenario, it may result in a cease and desist of the use of the site until we figure out what they're proposing to do. It goes through the filter process of a plan approval and then we move forward with zoning. If it triggers another conditional use, that could also delay the process. Very good. I just want to know in case something happens. I I don't anticipate it, but if I get that phone call, I want to know who to reach out to. So, thank you.

Thanks. Any other questions from the committee? Okay. Are there any proponents? Are there any proponents? Are there any proponents? Are there any opponents? Are there any opponents? Are there any opponents? Seeing none, I'll entertain a motion to approve uh 2025-100083 Mussy a LLC, 7716 depot, Lisbon, Ohio for 525 Mussy Avenue, requesting a conditional use for hazardous materials and hazardous storage as found in section 1168.02. Do I have a motion? Moved by Director Panowski.

Second by Mr. Tedro. Any further discussion? All in favor signify by I. I oppose. Nay. Motion carried. The next public hearing on here was saddled with the previous one. Uh 2025-100084 Musav LLC 7716 depot for 525 Mussy Avenue in Yria. A request for conditional use for junkyard is found in section 1168.02. Uh O. Is there any other further comments from the departments? Are there any proponents? Are there any proponents? Are there any proponents? Are there any opponents? Are there any opponents? Are there any opponents? Seeing none, I entertain a motion to approve public hearing 2025-100084 Mussy Avenue LLC 7716 Road, Lisbon, Ohio for 525 Mussy Avenue, Alyri, Ohio. And the request for a conditional use for junkyard is found in a section 1168.02. Do I have a motion?

Moved by direct director Ponowski.

Second by Mr. Tedro. Any further discussion? All in favor signify by I. I. Oppose. Nay. Motion carried. Thank you, Anissa. Uh item number eight on our agenda is planning commission cases. We have two. The first one is 2025-100086 Ram Signs 41431 Shaden Road, Yria, Ohio for Carly Ceramics 246 Broad Street in Yria requesting a waiver of the design review guidelines for installation of signage. Mr. Showning. Thank you, Mr. Chair. through you. PC case number 2025100086. Uh recommendation of approval from city staff. Per our downtown design review guidelines, uh plastic signs are uh prohibited in the downtown area. Uh they have been previously approved by planning commission as indicated. Recommended approval from city staff. Thank you.

Thank you, Mr. ShraMM. Dean ShraMM 41431 Shaden Road, IL, Ohio 44035. Standard set of channel letters. I went through the city. I think every side of the city is plastic. Is that an old Mayor Grace uh stipulation? I didn't remember where that plastic sign ordinance situation came from, but I'm of course requesting a variance so we can have this beautiful sign installed for this business.

Great. Thank you, Mr. Shra. Any questions from the committee? I'll entertain a motion to approve planning commission case 2025-100086 Ram Signs 41431 Shaden Road Yria and a request for Carly Ceramics at 246 Broad Street and requesting a waiver for the design review guidelines for installation of sinus. Do I have a motion? Moved by Miss Rivera. Second by Mr. Tedro. Any further discussion? All in favor signify by I. I oppose. Nay. Motion carried. Thank you very much, Mr. Have a great day.

And the next item on the agenda is planning commission case 2025-100087, Ace Lighting Service, 1260 Moore Road in Avon, Ohio for Little Caesar's Pizza at 125 Broad Street, Alyria, requesting a waiver of design roof guidelines for the installation of signage. Mr. Shing.

Thank you, Mr. Chair. through you PC case number 2025100087 recommendation of approval of the design review waiverss. Um this is very similar to the last case. Uh interior lighted plastics and inappropriate colors in this instance of orange are prohibited in per the downtown design review guidelines. Uh plastic signs as well as uh colors that vary from the uh requirements have been previously approved by planning commission. Recommended approval. Thank you. Thank you. Proponent, please state your name and address.

Uh Kathy Clark, 1260 Moore Road in Avon. Um basically we're just updating the exist existing sign. Um removing the logo and of course Little Caesar's color corporate color is orange. So we are requesting the uh waiver for that orange corporate color.

Great. Thank you, Mr. Shy. I know you're just with us this year and maybe Mr. Farcus can speak to this. Um, these seem to be very similar cases. Um, and maybe Mr. Craig can answer this too. Is there any way we can adjust these? They seem to come quite often. We approve them and I realize there they're one off here, one off there, but to slow a process down or to speed a process up. Um, Mr. Farcus, Mr. Chair, to you. Uh, the design review standards have been implemented for quite a while. We had discussed with the adoption of the new zoning code how that will affect the current design review in essence triggering a rewrite. We have been in talks about how to fix it, how to make it better. What are the the rinse repeat cases that we continue to get and how we can better align that with streamlining the process. So that is in discussion.

Great. Thank you. All right. Um any questions from the committee? Seeing none. Yes, sir. comment in the past if it was a chain we sort of went with it. Okay. Thank you, Mr. Battle. Uh, planning commission 2025-100087 ace lighting service 1260 more road Avon for Little Caesar's Pizza at 125 Broad Street in Yria requesting a waiver design review guidelines for the installation of signage. Do I have a motion? Moved by Mr. Battle. Do I have a second? Second. Second by Mr. Tedro. Any further discussion? All in favor? I. I oppose. Nay. Motion carried. Thank you. Thank you.

Um item number nine, uh applications been approved. Um I see none. Item number 10, staff and commission reports have been submitted to you. Uh there is no action by this body. Um at this time, unless there's questions, I'll entertain a motion to adjurnn. Moved by Mr. Battle, second by Miss River. The next meeting will be September 9th, 2025. Uh all in favor of German I. I oppose. Nay. Motion carry. Meeting adjourned. Thank you everyone.