Planning Commission - Regular Meeting

Good evening everyone. It's 6 o'clock, so time for the April City of Beaver Creek Planning Commission. And I'll officially call us to order with a roll call, please. Ma'am, Mr. Fountain, here. Mr. Meyer, here. Miss Palumbo here, Miss Usher here, Mr. Self here, and that's not an April Fool's gym. And it is it's my pleasure to welcome our our newest member, U Jane Usher. I didn't get a chance to welcome her last month, so I'll welcome her this month. Okay. Uh agenda, staff, are we good? Everything's okay. No additions, corrections, changes, etc. Okay. Then I need a motion to approve. Mr. Chair, I move to approve the agenda.

Second. Good. Don't argue. Plenty of approvals for everyone. Uh okay. And we'll do that by general consensus. Great. Thank you very much. Um now reorganization. Uh every year we um uh elect a chair and a vice chair for the next year. So I will uh open the uh floor to uh nominations for chair. Mr. Self, I would nominate you as chair. Well, why thank you. Uh, second. I second that. Any other nominations by then? We'll do this by acclamation. Everybody in favor say I. I.

Anybody opposed? Okay. Uh, vice chair, I move to um nominate. Thank you. I I could not think of the word. Nominate Jonathan. um to vice chair and a second and we'll do that by general consensus. All in favor I I all fa all opposed. Okay, congratulations. Thank you. Okay, we got that out of the way. Um approval of minutes from March the 4th. Uh any additions, corrections, changes, etc.

Mr. Chair, I move to approve the minutes from March 4th, uh 2026 plan. I have a motion. I guess we need a second. Thank you. We're talking about Melissa.

I do this by general consensus and I'll abstain since I wasn't here. So that will be general consensus of four. Okay. Tonight we have a public hearing. Uh, PUD08-1, CU226. This is case number PUD08-1, conditional use 2 of 26 on an application filed by Vin Swami Nathan, 1640 Oakwood Trail, Zena, Ohio 45385. The applicant requested conditional use approval to allow for a nursery school preschool daycare use to be ran from the existing building located at 2579 Lilian Lane. The property is further described as book four, page 4, parcel 29 on the Green County Property Tax Atlas. Thank you. Uh oh, is this table from last Okay, sorry about that. Thanks for the reminder. Okay, I need a motion to unt.

Mr. Mr. Chair, I move to unt 08-1 CU 226. I second that. I have a motion and a second and call the roll. Let's do it official. Mr. Meyer, yes. Miss Palumbo, yes. Miss Usher, yes. Mr. Fountain, yes. Mr. Self,

yes. Uh, motion carries 5-0. Uh just so everyone will know the way we run our um uh public hearings is that first of all we'll ask for a a presentation by the applicant. Then staff will give its presentation. At that point uh we will open the um floor to input from uh the folks here uh and any written input that we might get. Uh at that point after that's all done we will close the public hearing uh discuss it among ourselves and come up with a with a solution. So uh who is who's representing the applicant? Step right on up and tell us about it.

Um you need to come up to the mic. You're on TV. I'm a professor so I can talk from the backside. All right. Thank you sir. Thank you for bringing it up. Uh we are uh youth group for Indian culture. We are I'm sorry name. Oh I'm sorry.

I'm Dr. Anil Patnik. Um I'm a secretary for the youth group for Indian culture YGIC. Uh where this um facility is located. Um this is primarily meant for Sunday school but um you know it's a wonderful facility and a prime spot and uh uh there had been a lot of demand on um uh you know having uh nursery or you know daycare and uh it's a lot of work for us but uh we thought we will um try to see the physibility and with lot of help. Uh um um we have come up with a with a plan that that you you have and um uh this we we we believe that uh to start with maybe it'll be five to six employees that will bring in and it'll be helpful for the community to to um to have a daycare uh in that that uh prime location there. Um and then maybe in long run uh if everything goes well we hope that it'll get to something like maybe 15 employees and uh um that's why we're bringing it to you and um for for the further details I mean uh we have uh I mean can I request uh Randy? Yeah. Okay. Thank you. Thank you.

Thank you. Evening, Mr. Chairman, members of planning commission. The case you have before you is PUD08-1 U conditional use application uh 226. This PUD was reszoned uh in 2008 um originally and then an amendment was uh on the PUD back in 2018 that and that's what created the the uh existing facility. um the the the site the existing facility wasn't in the original PED and and that PED expanded to include that facility. So what they're looking to do today is uh seek conditional use approval so that they can run a nursery care or daycare nursery school out of their uh existing facility. So the propertyy's located on in northern Beaver Creek. It's um just south of the Hindu Temple on Lillian Lane, which is behind the the DSW and and multiple other um retail tenant spaces on the in the Continental property, which is to the west. Um you can see this is an area I showed the uh the the parcel that's under consideration this evening. the the Hinden temple's just to the north on this aerial photo. And you can see it's it's where Lilian Lane kind of bends to the west um and ultimately down to a multifamily a few multifamily housing projects to the south. Um again, the property is within the PED08-1. To the south is to the south and to the east is multifamily rpud 96- one. And then to the west is again that multi-tenant commercial uh PUD um 91-3. Um

this is generally the the this is a plan that was approved in 2018 for the site plan other than they added the green areas to the uh to the site plan to enhance or to show where they're proposing to have the play space areas. Um they're required to have play space areas for um daycarees and nursery schools. It's a calculation I think is 60 square feet for every child um or person under care and what they're shown here well exceeds that. Um also a condition with um nursery school daycarees when they abut existing residential is a screening that's at least uh 4t tall. And this is kind of a eagle eagle eye vision of the site. Um, where they're going to have the the u it's hard to I can't get the laser pointer on the screen, but where they're going to have the play spaces is to the north of the building, which is to the right of this existing view, and then to the west of the building, which is behind the building. And you can see along the southern property line, which is to the left side of the of the property on this view, they have a six to eight foot mound and then they've got some evergreen trees along the top of that mountain. So they do provide the adequate screening that's required with nursery school daycarees. Um a few other conditions in the resolution for your consideration. one is, and this is based on the the parking um their parking lot can only hold or only has 15 spaces. And so we back into the calculation because their original, if you look at the original letter of intent, they showed up to 100 students and they they were trying to figure out a way and that's the reason we paused for a month is trying to figure out a way to get more parking on the site without expanding the existing concrete footprint. There was just no way to do that while still meeting fire code regulations. So we um

in the conditions there's a proposed maximum enrollment of 48 children or um um toddlers or whatever age. Um and that that's so that you can meet the minimum number of employees per child ratio that the state requires. And so if they want to expand beyond that, they'd either have to come back to planning commission depend on the scope of the this if they had to add on the building or if it's just a parking lot increase and we can do that at the staff level administratively. Um also they uh there's a requirement that they have 42-in tall um fencing around the play area uh to ensure that the kids and and persons under care stay within that enclosed area. um the other plans show it, but uh it's not expressly um called out. So, we wanted to add that as a condition. And then also the the parking lot lights and play space lights um be reduced to no greater than 25% after they close. Um but in their letter of intent they they had um called for a a time period between 7 am and 6 pm extended that an hour in the proposed resolution where it's 6:00 a.m. to 7:00 p.m. give a time for staff to clear out and whatever in case parents don't show up right on right at when they're supposed to. I did that when I was when I had a little one before I got in trouble. But I recognized that that happens sometimes. So, we expanded those hours of operation from 6:00 a.m. to 700 pm an hour each way. Um, but looking at the totality of the application, their plans, and the the site staff has recommended approval of their request, there are um 12 conditions in the resolution, and I'll be happy to answer any questions following the public hearing. Thank you.

Thank you very much. As this is a public hearing, if there is uh someone here or several people here who wish to speak either in favor of, against, or simply ask questions, don't be shy. Step right on up. Give us your name and address and speak at peace within three minutes. Hearing a great deal of silence. Last chance. Okay, I'll close the public hearing. Did we get any written input? No written input. I'm going to pick on our new newest member and I'm going to start to my left, Miss Jane. Questions? Um, I just had a question. I did not see a sign. Um, I was just wondering if there was a plan to put a sign advertising the daycare or if it's just going to be private as something with just the community for their community.

They didn't show any plans for a sign. within the PUD there's an allowance for uh minimum amount of signage. So um they would just if they want signs in the future they just have to come through with not through planning commission just a permit for a sign but um we'd ensure that it meets the conditions.

Your turn, Jim. Thank you Mr. Chairman. Um I've got questions for both the applicant and yourself Randy. These are in no particular order, but as long as you're up there. Um, can you go to the elevation view of the building there or did you want to the the northsoutheast west that we had in our packet that shows the elevations? I'm assuming you have the same view. It's an existing building. So, I didn't include Yeah, that it's in the packet, but I don't have a screen of that.

Well, we can we can stay with that one. So, the proposed area of however many students they do have up to the limit that we've set to parking. Uh there's an existing door that will enter into the main area behind the building for the daycare. And there's existing door in the front. And my concern is now with adding not only toddlers but multiple dozens of toddlers. uh what is going to drive if that one door for the entire building and now dozens of toddlers is enough or is that something the fire marshall will get to in the future or do we have a say in it now? Uh yeah, I forgot to mention in my presentation, but they are going to add an additional door on the on the western elevation or northwest elevation. It's on the far right because there's two separate play areas. So, they are adding an additional door on that end of the building. Um but really it's subject to state laws and the fire marshall in terms of

yeah adequate. I did read that in the but the main play area based on size on our flat plan showed it was behind the building. So assuming that existing door that they have now is the one that's going to be used. You assume the majority of the of the daycare people are going to be coming out to the back area. And I'm just concerned that that's an adequate situation firewise. But that's not us. It's fire marshall review or Yeah, the fire uh the Beaver Creek Fire Department along with uh there's several state licensing agencies that they'll have to get um the precure license from which will have their requirement.

The I got a couple for the applicant if you mind Randy if I could have the professor come back up and then then let me go back to you if we can. So, professor my my apologies. um you had given the great uh upbeat and optimistic situation of the uh center going from Sunday school to now adding daycare and with possibility of staffs growing forward but you I'm assuming you realize because you've had these discussions with Mr. Briquette, you're limited by the parking space and what you can do. That's total human beings in the building. So given the limits of your situation, you now currently operate a Sunday school. How many people are there on Sunday? Quantity of people.

So right now we have uh about 50 students that come only for 6 to sorry 10 to 11:30. Yeah. Time wise. Yep. That's all. And then that's that's why this building is not being used for all the other days and that's where we were we are thinking that on the working days that can be used for this uh dayare

understand. Thank you professor. So given what you just said if it's 50 60 people coming in on for Sunday service or Sunday school service and there are staff there as well could that be another half dozen to dozen staff on Sunday as well? No the the way we see the okay the Sunday school the way it operates is purely volunteer basis. So these are volunteering parents in fact I in fact I am a teacher there too. So we just volunteer there to for teaching and when it comes to the um Aare we will have a trained staff we cannot be be the employees there right?

Yes. No, my my uh my focus professor is knowing the limits you would have for the daycare center. I'm trying to focus on what you're doing right now. And what you're doing right now on Sunday is have a number of multiple dozens of people in that building at one concentrated time. Yeah. You're going to have Sunday service. You're going to have people volunteering such as yourself to administer it. I have not been there on Sunday morning and I'm trying to get an idea of how many human beings are in that building in that one one and a half hour of time period.

Oh. Um I would consider somewhere around 60 to 70 depending on if how many parents uh stay on uh when they drop uh we have a library there. So some of the parents stick around in the library area and good use. Yeah. So if that's students and parent and volunteers all in the Sunday service and you've only got 15 parking spaces where are people putting their vehicles right now? So do they park in the temple and walk? Do they park in the in the apartment? That's a great question. That's a great question. So the question that you asked, how many people out of that 50 are the students? Right.

Right. Not all parents I mean they drop them and then they leave. Not all parents parents stay there. mostly volunteering parents stay there or there will be some parents who will try to hang around and that's a very limited number and typically even on Sundays uh there are still some parking sl park parking lots that are empty I mean really yeah very good good to hear all right if if I could ask you just one last question yes please since you just have that one and I have been to the site I just haven't been there on Sunday morning yeah yeah

so you have the one entrance in circles around you've got the 15 parking spaces and Now, on Sunday service, you've got this loop of vehicles with people dropping off or picking up or staying to go to the library. Um, one of the things we talk about, not with your uh location, but with more commercial locations is stacking and people waiting in line and where do they go? Do they go out to the neighbor Lilian Lane? Do they I'm trying to understand the circulation that's existing now of vehicle circulation because that's a residential neighborhood. And I'm just trying to understand not so much what you would be going to with a daycare, what you're dealing with right now for circulation and and all these vehicles for these 50 60 people that are coming.

So so typically the volunteering parents or those who are going to stay, they will come and park. But those who are not staying, the way it is designed is that you you go from the right side and then when you come come uh the other side right in front of the door in fact you can just um you know hold there and the kids jump off and then they leave. There's no valet service or anything. No. All right. We are not that rich.

All right. Thank you, professor. I appreciate you coming up. Uh Randy, can you come back up? So based upon the parking which is really limited in that that area here and we've already gone down from 100 plus staff to the 48 you mentioned. Um this could be uh a situation as as I because I've been to the site where you're going to have four to five dozen people in that building at one time. Children and preschoolers obviously but still human beings. And I'm concerned with how we would literally be expected to enforce if any the limits because it will become so popular uh is evidenced by how Sunday is already that can we really expect 48 you know because they're just going to have more people and they've already gotten used to processing 50 60 people on Sunday and now they're doing this every day. So you'll have vehicles dropping off during a time in the morning picking up in the afternoon or evening. you'll have uh stacking issues. You'll have obviously parking is only 15 spaces. How do we enforce that? Or is that really our concern as the planning commission to realize, okay, if we limit it to 48, they're too successful and they're they're just going to be within a week or two pushing back the limits.

Yeah. I mean, we're establishing the maximum with this resolution. So, that establishes what they're allowed to have if they and they'll they'll have to have a license with the state. And if we suspected that they had over 48 students, when we can request, would we be doing that or the state licensing for child?

Somebody made a complaint that there was there were over there was too many students there. Uh it could either come from us or the state. I mean, we can let the state know that, you know, the max the city allow will allow is 48. Um and that'll give them the ability to enforce it as well. But I I'm not too concerned with our ability to enforce the 48 students based on all the licensing requirements and and we could consult with the state and if need be and say hey they're over parking over packing the school beyond what the city has said they can have and we can

I'm just having been there and I know how close they are to the apartment multif family apartments that are just a short 5minute walk away they're a lot closer to the apartments than they are to the Hindu temple and I'm thinking if this is now going to go on every morning and every evening, every morning, every evening and you've got 50 60 people transitioning, children mostly. Um what that will do after about a week or two and have we created something with the multif family apartments next to the bottom of the plan? Well, there is the 50ft buffer um and there is the 6 to 8 foot mound between the two and and and then any of the kids will have to be contained within it or any of the students, kids, whomever is being watched there will have to be contained within the the the

the play area that's got the enclosure. So, it's not going to be free rain in the open field, free range, you know, out in the in the open space. Yeah, I was just thinking they we've got an hour in the morning, an hour in the evening when they'll probably be pickup, drop off, and concentration of vehicles on that one street in that area. And it's now not going to be Sunday mornings. It's going to be every single morning, five, six days a week. And what that will do to the surrounding community that they'll be coming back to us six months from now saying, "What have you done to us?" Yeah. I mean, the there's parking requirements in the code and they meet and that's how we backend into the students. I mean they meet they meet the minimum parking for

and then for going back to the my original remark about the egress doors that's not something that we should be concerned with uh with the safe access. It's more fire situation. It's more building and fire and state. Okay. All right. Thank you Randy. That was all I had. Mr. Chairman kind of along the same lines. Um see where do I want to start? Uh so I I don't have experience with daycare, right? Uh so do parents have to go in to check in their kids? Is that like dependent on the facility or is that like all they always go in like have to park go in check their kid in?

Everyone I've ever dealt with had to either had their own policy or everyone I've ever dealt with had you had to bring your kids in and out. You had to get out of the car, go get them or when you drop them off, you take them in. Um, sometimes it's the school coming directly from the public schools or the non-public schools. They have a little mini bus that drops off kids. Um, I know we have several daycarees around that does that. It's an after school care place. Um, because I mean that that concerns me because I mean there's again only 15 spots. If seven are taken by staff or sorry, eight are taken by staff, only leaves seven for parents to be dropping their kids off at one time, right?

Yeah. I mean, that's what we have at the other daycarees is that same ratio, 7 to one, one for every seven students. Um, because there is a window. I mean, not all kids will be dropped off at the exact same time. It's not like a school where there's a bell at 8 and everybody has to be there at 8. It's a daycare. It's still highly concentrated. It can be um as they get into their more of their operations, but you know, we haven't had issues with other daycarees in the in the around the city that have that same ratio. Is that loop wide enough to put at least some like temporary like drop off spots like parallel?

It's a no, it's a fire lane, no parking area, so it needs it'll need to be staying clear most of the time. I mean, it's one of those things where if they stop for a minute, the police, the fire sees it, they can take it. But it's it's a no parking area. The whole the whole thing, the whole loop. Yeah. Okay. It's a challenging site, but they do meet all the minimum requirements in the code for this use.

Um, and then kind of along the same lines, uh, so there, you know, it talks about one space for the each vehicle owned by this, uh, nursery or daycare center, right? And currently they have zero. What happens if they decide later, oh, we're going to buy one, right? So now they're under the requirements. They'll have to either add a parking space somewhere or reduce the number of parking or reduce the number of students by that seven and the city would be able to enforce that somehow.

Okay. Um they'll still need to do a certificate of use compliance and if if they're not meeting minimums in the code, we can revoke that. like if they show 50 students there and we find it, we can revoke their certificate of use compliance and until they uh show that they're operating within the confines of the uh approval. Um and then uh so is there any uh current like marking on the pavement to like show like the movement of vehicles? I believe that there's it shows fire lane on there. Um if not, we can

not like go this way, you know, do the loop or whatever. Just We can certainly add that. I mean, I guess it hasn't been an issue in the past, but certainly with the increased number of people, the apple killer, I think. Yeah, it does have it shows arrows. Okay. And just for anybody listening that couldn't hear on the microphone, but he he did say it does show markings for wayfinding throughout the parking lot. Um, and then the last one, I know you talked about lights. Is there new lights on this or is that just No, it's just that the operation is going to be from 1 day to seven or six. So, I wanted to ensure that they met that every day.

All right. Thank you, Lambo. All my questions have been answered. Thank you. All my questions have been answered. Thank you. Excellent. Well, don't leave, Randy. I got a few questions.

Sure. U you already answered my one about the um arrows for the circulation around the loop so you don't have people needing. Um any I do you have a thought about how many cars can stack in that loop? I I realize the drop off you probably have to bring your child in but the pickup at least the ones that I've seen there's one of the staff members is out there to make sure that the right kid gets in the right car. So that moves pretty quickly. Do you have an idea of about how many cars can can go in that loop legally? Zero. No, I mean just to waiting to pick up. Well, I know they're not supposed to. It's 26 ft wide and the minimum width for that a firetruck requires for a fire lane is 20 ft.

Okay. There's not enough room for a car and a 20 foot fire lane. Okay. So, so they're not supposed to be stacking there at all. Okay. But from a sheer number, from a sheer number wise, you could fit eight or 10 cars. Okay. Um just the just for my fellow commissioners, we have a similar situation with the um Islamic center there at the corner of Patterson and um uh 8:30 well Patterson and well 835.

Yeah. Uh it it's in it's near both multif family and single family and um uh they don't have nearly as much space uh for for incoming vehicles as this one. And I have I don't go by there a lot, but I've gone by there several times at pickup time and at drop off time, and I've never seen it leaking out onto the street. They've got a couple hundred students.

Yeah. So, uh, I I I think this may be a kind of a a nonpro. I'm I'm I'm guessing that based on on what I've observed. One more question for you, Randy. And that is um actually two. Uh if they needed to expand that parking lot, can they um put more space behind the building? Obviously, not in the play area, but behind the building. I mean, would we allow that? There's nothing that says they can't put it there. It's just a matter of where how they're going to access it. It's

the the building is not oriented in such a way that it's make it easy to get back there because of the property line. Yep. And the 8ft mound it'd have to go over. Well, no. I was thinking uh between the uh between this building and the temple property. Oh, that that's another pretty big mound. Oh, really? That's mounted on that side, too. There's a height difference there. Okay. The only way to get there would be they'd have to cut into that foot mountain south of the building. Okay. Um along Lillian and it it would be challenging but not impossible.

Um and my last question is um the two uh play areas uh and I'm sure that the state licensing has something to do with this, but it would seem to me that you would want emergency access gates to both of them. Is that a requirement or can we require it? I I just I'm I'm concerned. For instance, if there's a fire in the building and you've got a bunch of little toddlers and you you want to herd them out of the building as quickly as possible, but you don't want them running all over the place once they get out and the firemen are not going to the are not going to want them that close to the building if there is a fire in the building.

Hand them over the fence. Well, I don't know the state laws on that. I'm sure that there's emergency egress requirements for I mean, it it has to have accessible. We can add that condition in. I'm just I don't know if there's a law that says you can't have it. Well, we could we what we could add is something that says if allowable by if allowable by state regulation. I just make me feel a whole lot more comfortable. Sure. uh if if there was something in the building where you really had to get people far away from it, uh the play area is not far away and you'd be and everybody would be in the way of the firefighters. Yeah, that could be particularly the smaller one of the two. So,

uh I would suggest to my fellow commissioners that we might want to add that in the uh condition that that discusses the fence, that fence play area. Just one question. Uh, do you have to approve a plan for the fence or anything? Or like does the planning department There would be a zoning permit um for the the play area and the fence too. I mean, we could do it all in one permit, but yeah, I mean, there would have to be there at least a permit for the fence and depending on the materials for the play area, but yeah, there's there's a permit required. Just didn't know if if you would prefer to just do it in that process in the zoning or the permit process or if if we should add a condition.

Oh, we can just add it to the there's an existing condition about the 42 in I believe and we can Yeah, it's number five. We can just add on if allowable by state law or state regulations a emergency gate shall be included in each fence. Right. I don't have a problem with that. Melissa's getting that and we'll need to if we're adding it, we need to vote on that first. Right. Okay, ladies, gentlemen, second helpings. Oh, I knew you would go right ahead.

Um, going back to while we're looking at the conditions, I I forgot to bring up condition nine. So, can you go there's one plan I want to do so we can do this quick. the other plan that was more of an aerial view site plan that showed the there. Right there. Oh, that one's fine. That's fine, too. No, go to the other one there. Stay there. So, my concern is again going back, we're looking at a maximum of 48, which I think they'll fit really easily quickly. All right. Just knowing how many children of that 48 are going to be of one family, one vehicle. I'm still thinking we're looking at two to three dozen vehicles coming in a concentrated period of time in the morning and a concentrated period of time in the evening. Knowing there's no stacking expected, but knowing how parents drop off and pick up children if you go to any school and look at the side street and how they line up. Um, having been there during the week to see how the apartments are on the bottom of our screen are flowing. They're only flowing to the right in that one exit out and back in. So, they're going to work at the same time that the vehicles are lining up to drop off and coming back home at the same time the vehicles are coming back. So, condition seven with the city engineers Smith Nick Smith in the room already. I'm thinking at what point would we assume the city would say condition seven? I said I meant condition nine, excuse me. At what point would we assume that we would be expected to respond to either multif family unit complaints? They can't get to and from their units because the parents vehicles even if only for a half hour morning and evening are lined up out in the the side street. Lillian and because that's just how school drop off and pickups work. And it's it's great that they can do 48 instead of 100. Then we'd really have an issue. But I'm just thinking, are we expected to monitor that? Do we wait for complaints that may

or may not occur? How would our city engineer have to respond to say you just can't treat this like a normal school where you're lining up down the side street because there's just too many people trying to get in and out from that part on the bottom of the screen? It would be on a it wouldn't be on a proactive basis. It would be on a reactive if we had somebody complain that there was problems. But really, I mean, like you like you said, there's going to be multiple there might be families with multiple kids. So, if one family has three kids, then that's one third one le two less cars. Yep. Um,

that's what I was still thinking. It's at least a couple dozen cars if not maybe three dozen but you know but they're all coming in a concentrated period of time twice a day and that's when people are going to work and coming home twice a day from a large multif family unit area down below it and that street that we see going off to the right in the middle of the screen that's the only way they came in and out because I watched them. Um it's just a matter of balancing between over parking. I mean, if we wanted to have a parking space for every student, you'd have to fill up the whole field and you'd have you'd have a meer size parking lot. Um, but reactive is the is the answer. I didn't mean to interrupt you, Randy. I'm sorry. we're we're going to react to

if there were if there were an issue then we we this number nine is kind of a catchall that gives us the ability to require them to come up with a plan whether it be staggering you know student hours or it be requiring them to find traffic control measures or something. Good. Thank you, Randy. Okay. I have one more question. Yes. Absolutely. Um, just for reference, there's a I think it's a Kinderare right down the road from there. Do you happen to know offhand how many parking spaces they have? I I think they have quite a few students.

Uh, it would have been done under the same conditions. I don't know. I mean, it was a while ago, but I I can't imagine they did more than what was required by the code in terms of 1 to 7 and then one for every employee. seems I feel like the space may be very similar and I'm they're right on the corner of North Fairfield and that road and it does get very busy there. I drive there in the mornings actually and um it seems to do all right. I mean even though you you're getting a lot of traffic from North Fairfield and Lullian Lane but I mean the flow still it seems to work. So

I'm just that same ratios work for us and the other daycarees. That's why I don't have problem I don't foresee a problem with the I mean what's worked in the past I don't see it not working in the future.

I can't but somebody else can. Mr. Chair, I move to amend condition number five to uh add the sentence if allowable by state law an emergency gauge shall be included in both play space fences. Okay. Second that I have a motion in a second and we'll vote on that. Uh all in favor I I I

All oppose same sign. Okay. So we have um then we have the resolution with the amended number five and I need a motion on that. Please Mr. Chair, I move to approve PUD uh or sorry it's not PUD. What is it? Yes. Yeah, it is. Is it? Okay. POD um 08-C1 conditional use uh 226 with the attached uh 12 conditions as amended. Okay, I have a motion. I'll second it. And I have a second. So, we'll read the role this time. Miss Palumbo? Yes. Miss Usher? Yes. Mr. Fountain? Yes. Mr. Meyer? Yes. Mr. Self?

Yes. Motion carries 5-0. And uh forward to seeing your operation operational. Okay. Um, according to my agenda, we don't have a second item, but I think we do. I'm sorry. This is his April Fool's joke. So, okay. Yes, absolutely.

Now, it was my poor aging eyes. Okay, we do have a second one. That's PUD26-1 SSP number one. Chick-fil-A. This is case number PUB26-1, specific site plan number one on an application filed by Walpert Incorporated, 4454 Indian Idea Center Boulevard, Dayton, Ohio 45430. The applicant requests a specific site plan to allow for the construction of a 5,218 ft Chick-fil-A restaurant on 1.95 acres. The property is located at the northeast corner of Presidential Drive and Colonel Glenn Highway, further described as book one, page 10, part of parcel one on the Green County Property Tax Atlas. Thank you. Uh, you all know how we do this, so I'll ask for a representative of the applicant to come forward and uh, tell us what you have in mind.

Hello everybody. Thank you for your time. Uh my name is Dave Tyber. I'm with Walpert. We're the site engineers for the the project. So in front of you today is is just the Chick-fil-A, which would be on the northeast corner of Colonel Glennon Presidential. Um I know in some prior planning commission meetings this year, there was a an application for the overall development from Woodard Development. And as part of that application, this would be a specific lot within that. And the overall development, as you're probably aware, kind of splits two jurisdictions. A portion falls in city of Fairborn and the portion um on the west falls within city of Beaver Creek. So that the Chick-fil-A would be fully within the city of Beaver Creek limits. Um for um when we look at like access, so we have a proposed ride in off of Presidential. There's no access proposed off of Colonel Glenn. And then for our full access, it's there's a proposed access easement that goes to the top right of the the site plan there. Um there would be as part of the plat for the overall development, we would include a cross access easement to to provide um dedicated access for the Chick-fil-A parcel. Um when we look at the site plan, we have uh the building um kind of nestled on the east side of the site. Um as traffic enters the site, um majority of the sales, I'll say more than half of the sales will will result through the drive-thru as as you can kind of see. So Chick-fil-A uses a a dual lane drive-thru. um depending on the the peak times of day and the and the the demand at that time, they will sometimes use just one lane. If the the traffic picks up and sales increase, they'll open up the second lane. Um on that drive-thru where

if you enter from the left side of this page, you can see where the dark pavement goes to light. Right at that transition there, there is a canopy. So that is that's the order point for the customer. So they will drive up. Um employees will be beneath standing out there beneath that canopy. Um there's fans and heaters within that canopy to help help the employees that are out in the elements. Um so that's the the order point. From there what there is. Um going back there's room there's about 170 ft from the order point to the drive-thru entrance, I'll call it. And then I know in the packet there's also an exhibit that talks about how there's room for further stacking within the within the site. Um but continuing on through the drive-thru, there's a second canopy on the east side of the building. Again, that has fans and heaters for the employees. Um the way the chick Chick-fil-A model works is the the employees walk the food out to the cars. So there's a lot of foot traffic through there. So, there's dedicated payment markings, um, lane delineators, crosswalks to help help with employee safety. And then for for deliveries and access, so everything for um trash and um meal deliveries would occur through the full access on the northeast part of the the page. Um, we have the trash enclosure shown just north of the building. Um, it's screened on all four sides with an opaque gate. And then attached to that building is a or attached to that enclosure is a small storage building for just some some light outdoor equipment. Um, in terms of maybe the last site feature to touch on, there's a small outdoor seating area on the south side of the building. There's there's four tables with four chairs at each table. So, that

would be opened up seasonally. And then kind of looking a little bit further on down utilities. So as part of the overall development, um water and sewer will be extended, water and sanitary sewer will be extended to the site. Um both of those services are planned to be provided by the city of Fairborn at this time. There's a there's an agreement in place. Um storm water management is provided. There's a an existing storm water area northwest of the site as you head towards the Meyer. that's on the opposite side of presidential. So that area would remain and then also offsite there's as part of the overall there's construction of an additional storm water that would handle water quality. So storm water is handled um offsite through a regional basin. So I think with that that kind of summarizes um everything we've we've brought in front of you today. So if there's any other questions uh happy to happy to answer those. Thank you.

Yes, this case is PUD26-1. It's the first specific site plan for the PUB. Um, and the applicant requesting approval to construct around a 5200 foot Chick-fil-A restaurant. Um, the project's located on the far north end of Beaver Creek. uh planning commission may remember um earlier this year uh PUB26-1 was created as a new PUD uh formerly an A1 lot that's on the far northeast corner of the of the city. Um the about 2 acres is under consideration this evening. I kind of highlighted that in red on the site. It's the it's the the far corner piece of the PUD. Um the Aboc was talking about the the storm water detention. You can see that pond is up northeast or northwest of the road there. Uh that that concrete structure is the base of that storm water detention pond that was created many many years ago with Meyer. Uh it was sized appropriately so that it could handle the development of this site as well. Uh again the the the PUD was newly created to the west as PUD05-1 and then the Meyer PUD both commercial PUDs. To the south is a tire uh I think it's Tire Kingdom or Tire Choice or Choice Tire um is the B4 property just the south on the south side of Colonel Glenn. And then to the north west is some apartments that are um uh on the opposite side of Presidential Drive. So they will have that buffer of the existing storm water detention pond and then Wright State University and all that's outside of the city within the city of Fairborn. um applicant did a good job pointing out the the site um where the primary entrance is going to be off of uh an adjacent parking lot. Um one of the conditions of approval of this will be that uh they have to get a final subdivision and that's where uh that

final subdivision will come back to planning commission. Um and that's where we can ensure that the easement uh cross access easements recorded with the plat so that uh it stays in perpetuity so that there's no Chick-fil-A doesn't get cut off from access to the the public uh road system. Um in terms of parking, you base it on the num the the square footage of the building and the square footage of the exterior seating area and then the number of employees. So you look at the the calculation, they're required to have 69 parking spaces and on site they do provide 74. So they've got enough parking uh to meet the requirements in the zoning code for uh restaurants. Uh I just kind of colorized the the version so you could see the difference between the the the impervious versus pvious surface. Um, and then did a is it a representation of an of the the site plan as it as it were on the uh the aerial. However, it's a little bit skewed because the access point does not meet in the middle of the parking lot like that. It it meets actually on on Presidential Drive. So, just want to point out this is just kind of a representation. It's not 100%. In terms of stacking, uh, um, I know restaurants and drive-throughs has has become a significant topic over the last year or two. Um, and just to point out the the standards are from the first point of contact and the, as the applicant pointed out, it's under that first canopy. And just doing the math, you can do 40 cars on site before you get to that right in only from the from the first point of contact, which is well beyond what's required with the drive-through restaurants. Then there's additional 27 parking or room for additional 27 cars after you get past that first point of contact. So upwards

of 70 cars can be on site with the drive associated with the drive-thru before you're starting to even come close to impacting um the roadway. And and Presidential Drive is a private street, not a public street. So um it's it wouldn't be policed by the Beaver Creek Police Department. It's other than from a traffic control standpoint, it's it's a private issue on that. uh seen here's the proposed architecturals and they show a modern red brick. Uh you you've got a tan brick as a horizontal band on the base given the building uh multiple layers and break up the facade into different sections. There's also a tan band of brick uh in the middle of the the each of the four elevations. Um there are dark um bronze aluminum the bronze color aluminum um posts and uh awning features for both the uh the drive-thru and uh over the main access or entry points of the site. So overall it does give a um a modern feel to the building. And here's some 3D renderings of that the building to show how the uh the canopies and awnings look as it relates to the building. In terms of the landscaping, they are they're showing a quite a significant amount of landscaping around the perimeter of the site uh along Colonel Glenn Highway and also throughout the interior of the site. So, no concerns with the landscaping as they propose it. Um, in terms of signage, they show 60 square feet of wall signage on the north south uh north and south elevations and then a 60 and a 26 square foot sign on the the west elevation and then a 36 foot sign on the east elevation. This is consistent what we've had with restaurants uh not only in the area but throughout the city. So, no concerns on

the the amount of signage that they're looking at. And I know in the packet, I kind of missed it somehow, but I put in the packet there was no ground sign, but you go through it and there is the ground sign shown in in one of the details on one of the pages. And that's uh 5 foot tall, 32 ft with the brick uh with the brick base that matches the brick. So, no concerns with the ground sign uh either. There are 17 conditions in the resolution for your consideration. um based on the the zoning based on the the overall development plan staff has recommended approval of the applicant's request and I'll be happy to answer any questions following the public hearing. Thank you.

Excellent. Thank you and thanks for reminding us of the ground sign. Uh this is a public hearing. So uh is there if there's anyone here who wishes to uh speak, step right on up if you would uh give us your name and address, please. And then have at it.

Uh my name is Julia Kirk, 146 Sandwood Street, and I'm actually a right state student, which is obviously right next to where the proposed Chick-fil-A would be put. And I was just wondering if construction for this project or even the traffic once the project is complete would have any kind of impact on right state students who use presidential drive to get like from campus to that meer or onto Fairfield Road. Like will students be impacted by this at all? Good question and we will uh pursue that. Thanks for reminding us. Other questions, comments? Yes, sir. Hello.

Jason Woodard, Woodard Development. Um we're the master developer for the the project uh in conjunction with with Wright State. Uh so happy to answer any questions about the larger um development impact as those arise. But um super excited to have Chick-fil-A is a great anchor which help us also attract other uh high quality tenants to the site that I think is going to be a great, you know, amenity package for the the students and staff. and u very excited to have them kick off the uh development with the first project. Thank you. Great. Thank you. We may have a question for you. Anybody else? Did we have any uh written input?

We did receive one email. Um the commissioners did receive a copy of the email as well. Okay. Thank you very much. So with that, I will close the public hearing and I'm going to start on my right with Jonathan. few questions.

Um, so I noticed on the I think it was like the landscaping plan it says like required trees, right? Nine and then it says provided trees zero. Is that and it says because uh space constraints are those are required trees or like they're self required trees. I mean the landscape plan shows uh many trees that meet our requirements. I'm okay sure why the it's labeled zero but the final landscape plan will be substantially similar to this if not the exact same. Okay. Can

so the way the calculations are presented there um the perimeter landscaping so the three frontage roads so I'd call that the southwest and north we're we're meeting that requirement but where you see the required of zero that's along the eastern property line for the adjacent uh future development to the east. So because we have the drive-thru we just have minimal green space there. we're not able to to reasonably fit trees in that strip. So, we we've distributed those throughout the site to keep the overall count. Okay. So, that's why it says zero.

Okay. Thank you. That makes sense. Uh let's see. One one more question for you. Hopefully, you know, uh so, uh Chick-fil-A does like their mobile through and like normal man drive-thrus. Is one of these lanes going to be a mobile through or are they both going to be man fulltime? Do you know? Uh so the drive-thru the mobile orders I believe would be would be separate. So there is they would actually park and come into the dining room to to pick up that order. So everything for the drive-thru is dedicated to be drive-thru only is my understanding. So, you touched on impervious surface a little bit, but it does it meet the requirements for impervious surface because it just seems like a lot of

there's a lot of green space actually out front um along Colonel Glenn, which is part you can see there's there's quite a bit out front and along the perimeter. They meet that minimum and and we also look at it from a totality of the peed as well. But um based on the calculation even individually they meet the minimum requirements. So one of the things I was thinking about was so there's a sidewalk along Colonel Glenn, right? So if somebody's walking there, are they really going to walk all the way around and then come in up the top because there's no sidewalk or no connection right to that sidewalk on the south side along Turtle Glenn. Is that something feasible that we could add? And then

I had a discussion with the applicant about that early on and um it was it's less than desirable to encourage pedestrians to walk through the drive-thru. That's where we were concerned with this. Yeah. No, I mean I get that, but I think it's going to happen, right?

Wouldn't it be better to have like a designated path for them? If we were going to do a designated path, I would suggest doing it off of presidential maybe past. I mean, yeah, you're going to have some stack. You could have stacking B past it, but the drive-through lane will definitely be full of cars or have car. That's they're definitely going to be in there. Whereas the overflow might overflow stacking area might not ever be used. So, if we were going to do a stop, it should come off of presidential rather than encouraging people to walk between the cars of the drive-thru. That's that that's it would be less than ideal to have that. So your recommendation would be like right after that last parking spot.

Um yeah, closer and I I can let the applicant speak more to that, but um we don't we would we don't want to encourage it through the through the drive-thru particularly. So after you get to the park in the parking areas if you're going to do one. Yeah. And again, I understand that. But I just think people are going to do it right. Like nobody's going to walk all the way around if if they're coming from Colonel Glenn.

I guess it's a difference between do we if we put the sidewalk and then they get hurt, we're telling them that's where they should go. Whereas if they do take their own valition to go through the landscaping, that's kind of on them to decide whether it's not worth it or not. I think that's all the questions I had. Okay. Um could we address the question about um impact right state students using that throughway?

Sure. Um any at Fortunately this the whole property is owned by this the university even the PED and everything. So whenever they have construction equipment, there'd be no reason for them to stop on the road and I mean they would be pulling in to the park the vacant parking lot that they have now. And so that would where you'd have any staging. And once they get open again, there's room for 70 plus cars on site and in the drive-thru. And the and the access is going to be past the the Chick-fil-A site. So it wouldn't have any impact on the traffic light or the side access to to Meyer.

Are there any future plans to widen Presidential Road to add turn lanes or anything like that? I believe it's already has a a center lane now so that you can get you can turn right into the meer. It's wide enough for that. And then once you get into the Fairborn sign, I know with the the larger um as the site develops, there is plans to do like a traffic circle roundabout on campus where the other street meets presidential. I can't think of the name of that street, but where that does meet. Um, but there it's wide enough now to have bypass. I mean, you can bypass it if somebody's turning right, but that one access point on presidential right in only. So, it shouldn't really cause I mean, people might need to slow down to turn right, but it shouldn't cause a stoppage of traffic.

Thank you. That's all my questions.

My questions have already been answered. It was about the roads and the access. So, I'm going to Thank you. Your turn, Jim. Okay. I have a number of issues. Um, specifically because we were all at the uh many of us here at the Raiders Row approval way back when for the outstanding presentation by Mr. Woodard. Um, could you get the slide that shows the whole Fairborn Beaver Creek development? They're all going to relate to that slide. Um I think we have it. Not that one. There it is. That's the one. Thank you. Uh is that what I'm looking at there? Just the Beaver Creek part.

Correct. Okay. So, the Fairborn is totally off the table here. There's nothing that extension that you mentioned earlier that you're going to make sure is included. Yeah. I mean, you can kind of see it outside of the city city boundary here. Um, it's and I wish my laser pointer worked on the screen, but it's in in about that area if you can kind of see it.

All right. So, going back to the slide you had before, um, there is included in the two acres. Now, you said and I maybe it was in the I thought it was going to be in the conditions, but I'm confused where that maybe we should go to the site plan for the Chick-fil-A. There is the right-handed exit because all traffic has to come in through one way only and all traffic will go out one way only and that's not in the not that site plan. My apologies. We have too many drawings here. There it'll be a good one. So the upper right hand corner that is not currently something that we are going to put as a condition because I did did I miss it in one of the 17 conditions for tonight?

It's not a condition because it it it's shown on the site plan. So condition number one says the plan stamped I think March 26th or whatever the date was is the approved plan. So they have to build it per plans unless there's a condition that changes that. So since it's shown on the site plan that's considered they have to build it. So are we reading we are in effect uh voting one way or another. We are voting on this site plan. Correct. They're not going to come back in a later submitt for a site plan. Well, I'm I'm sure they will for the area to the east. Uh it's not going to stay vacant for the rest of the for this 5 acres. Yeah. There's no intention to do any modifications that I know of.

So, as it now stands, all traffic will have to come in through Presidential Drive in one direction only to this site and all traffic, well, vehicle traffic will have to exit through the extension to the site that hasn't been developed yet. Correct. Am I understanding that correct? So that means any vehicle traffic going back to what Julia said, the student who was remarking about access off presidential, you basically with the success that Chick-fil-A has like our coffee company that also has tremendous success, you're going to have all those vehicles piling up right there at that one point both directions. There is a right in only coming northbound.

So am I missing something here? The the right in only is in this area. When you're coming up presidential, you can write into the site. For people coming from Colonel Glenn, you can go I'm looking at only one way. Right. Yeah. Right there. That's that's the only way into the site. Well, and then the main access which is on the neighboring site to the east. Oh, okay. If you said that, my apologies. I did not catch that. I caught that where you had the arrow was the only way in. No, no. Right here is the main access. That's the upper right hand corner part you said that's going to be added. Thing has a mined sometimes, but

but you you clarified it. So that was one of my concerns that we have a unidirectional site. Only one way in and only one way out. There's two ways in and one way out. Okay, there we go. Okay. Now, given that with that slide you have there, that would be a second question. um right now because it says in one of the conditions that the the uh this case Chick-fil-A is going to be managing vehicles to get into the quay, not to get into the quay, but once they're in the quay, they're stuck because they can't get out. Am I correct? Yeah, they're stuck.

They don't have a sidebar to pull around. There's no way of going around. Oh my gosh, I just got a call. Got to get to the Because this is supportingly right state. They can't leave. They're stuck for 20ome cars. Once they get in the the drive-thru, then they're in the drive-thru. And for for us, we are not in effect expecting either an egress emergency egress lane or emergency access lane because we've got that adjacent parcel on the right hand side. We ran it through the fire department. They've got the access they need around uh twothirds of the building. um and can there's no entrance that's far too far away from per fire code. Got it. Where they can access the

and we have no dictates of mandating that Chick-fil-A put in an uh a loop round lane like other food establishments would have. No, not not on building this size. If it were two or three times this, then we we Thank you. require it. Um, SE I Go ahead, Dave. On the drive-thru, it's shown us two two lanes on the plan, but it is Oh, Randy, you'll be back. You'll be back. Yeah.

It will not operate all day long with two lanes. So during the slower periods of the day, it will operate with what you're kind of alluding to with one lane will be dedicated for drive-through traffic and then there will be a what would be an allowable bypass lane like you're kind of they also leave room for pull ahead spaces. So if an order is not ready, you can pull ahead to help the folks behind get get through the line. So it's it does move very efficiently.

Thank you. Thank you. Hey Randy. Um, now that we're, this is on the plan Beaver Creek that was just formally approved by council. So, we're at the stage where even though we're still dealing with zoning, uh, we have gotten past the plan Beaver Creek and this is part of the target area. I do and we'll have questions in a minute with Mr. Woodard about Raiders Row that we all approved back in January. Right now I'm trying to understand how we the planning commission are supposed to begin to really incorporate a lot of what was approved in the plan Beaver Creek and this area specifically. I have a just a page out of the plan Beaver Creek that was approved by city council and it talks about the northeast portion of the target focus area of Colonel Glenn and this is exactly the northeast portion property and it says I'm quoting here the northeast portion focus is designated for highdensity mixeduse residential development with supporting commercial uses and given the plethora of fast food restaurants on Colonel Glenn already even though we don't have Colonel Glenn access how How are we as a planning commission supposed to begin to enforce or not enforce is a bad word to really move things if possible towards the plan Beaver Creek that we all discussed and approved over almost a year especially for this target focus area when it specifically calls out the northeast portion which is exactly what the property that Woody development is developing and it's now a fast foods restaurant. Am I missing something for our role here in the planning commission or

really the the the that focuses more on the when you reszone the property? Um okay. So back when they reszoned it earlier, we were still under the old land use plan showed this as regional commercial, right? And that's what they reszoned it for as regional commercial. That's where the B4 uses come from is the highway business district. Um in the future as we move forward if more reszonings occur along Colonel Glenn then we can put in the zoning about mixed use um residential and

well this was just this was just approved by council you know a month or so ago and it specifically calls out that parcel that Woodard develops it's it calls out the northeast corner of that focus area when this went through in January February January we're I mean technically we're still under the old land use plan till it goes in until on April 8th. Um there was a 30-day period from when they seven days. Okay. Well, this reszoning was done in in uh January and February and so um there was still I mean the ly's plan at the time was still conceptual until

but for our purposes here since we were part of reviewing that the council was there's not a lot we can really help you and your staff direct to get more of the mixeduse commercial when we go to resonings additional resonings along the corridor u but with this PED They're they're they got their zoning what they need. Um and so that's what we have. I mean

All right. Okay. Thank you. Um may I ask a question, Mr. Woodard? Since he came before us uh back in January when we had the approval. Mr. Woodard, yeah, you were kind enough to come up to us when we were talking about Raiders Row which got approved. We were all excited about at least the three of us in front as we were having some planning conditions change. and looking at what we had talked about back in that January meeting when we so excitingly approved Raiders Row. um you had you were kind enough to submit a letter to us because you were representing right state and yourself as well and that was just a really uh great assignment but you had put in your letter to us for the January meeting where we approved Raiders row and I'm just looking at your letter so I'm not going to hold you to it but I'm going to ask you a question about it that this is really uh to really integrate more pedestrian and vehicular access is to support the university's mission and to really surrounding Beaver Creek community and as popular as Chick-fil-A is like our our coffee brewer that you probably know we've been dealing with in a lot of movies. You guys are uh the the establishment you're proposing is a tremendous success as all across this city yet. But how does that fit into your vision of Raiders Row and the vision that you talked to us about back in January? I'm I'm seeing a a disconnect not on the value of the establishment but on the direction for Raiders Row. That's such a critical piece of property for the city and for right state and and I'd like to hear you how that fits with what we're hearing.

Um I guess maybe you can help me understand where it diverts from what I was thinking more university focused because you had talked about things that can't be provided in the university already. And when I see a what I'll call, not degradingly because it's extremely successful, a fast food establishment as opposed to a restaurant or a fast food establishment as opposed to a a mixeduse commercial. I mean, you're certainly within your rights to do that. And there it's a tremendous uh successful chain, but does it fit the mission of what the university wanted for that particular corner? Um, at this first because it's the first thing going in there. We haven't even got to what's going to go later to Fairborn.

Sure. But we've already got so many of them all along Colonel Glenn Highway. Um, and I'm since I was here and we all enthusiastically all of us approved it. I'm I'm getting disconnects of is this what we had discussed and approved back in January and I'm I'm just confused by the the direction of Raiders Row because Raiders Row has such a tremendous idea for the university.

Yeah. Yeah. So, I apologize for any confusion um because this is really kind of exactly aligned with kind of what the university wanted um having these you know um uh retail establishments that you know because they just don't have the volume to support it you know a Chick-fil-A operation on campus without subsidy and things. So, um, you know, but as you can imagine, it's a big draw and the students want that type of amenity. And so, yeah, I mean, full disclosure, you know, I mean, it's a retail development and so it'll be, you know, retail uses um of hopefully all very popular uh brands that

box you in for the remaining area going up to Fairborn. Yeah, I think it um No, it's exactly the the the plan that was envisioned or at least you know the the anchor and you know I think um I guess based on your comment good or bad I mean I would hope to um you know I would envision that there's going to be some multi-tenant retail but there's also going to be some additional standalone retail. Um, so, um, I think it's, um, I hope we didn't give the impression it was it was something else, but, you know, from the amenities for campus and the the walkability and and the the change in traffic, there are, you know, roadway improvements planned for presidential that will better connect over to University Drive and the roundabout that's proposed um, or that the camp the university is exploring. Um, and then additionally there's, uh, additional tie-ins to the walking paths from campus to the walking paths that are, um, along Presidential currently in Colonel Glenn. So, um, even to your point, you know, I think the bulk of the pedestrian traffic walking, uh, will be coming from the campus side already. So, it's actually, um, on the right side and, you know, if you've been out there, there's some grading challenges from, you know, entering the site directly off Colonel Glenn from a pedestrian standpoint anyway. I mean, it'll be smoothed out some, but I think the primary um pedestrian traffic is going to come from the north side rather than the the south.

Okay. I Well, the walkability was a a better word than I used, but it it's really something I remembered to get something that's away from Colonel Glenn, which is heavy vehicle vehicular, and to do something that more is attuned to the walkability of of the right state campus. And it it seems like we're doing just we're just adding more vehicular without the walkability. But I appreciate you coming up and clarifying. Um Randy, I got one more issue, one more thing and then get back to the chairman here. So this has to do with when when we approved this back in January as a CPU, not tonight, but uh I was looking back to our notes that Melissa obviously typed 100% accurate. Um, we had approved it according to the part of our zoning code in effect at the time and still is 158.02. what is CPU commercial plan unit development and it's it's meant to for us the planning commission in reviewing things such as this Chick-fil-A and I I'm just reading from a page from the section of the zoning code that really are going to achieve a higher level pedestrian and vehicular separation eliminate undesirable features of strip development and reduce vehicular traffic in conflict with other public rights of way and I'm I'm thinking in spite of the the the helpful clarity that Mr. Woodard just gave. I mean, are how are we as a planning commission set to if in any way through our conditions or through other means to really help support what we have in the zoning commission or the zoning ordinance that is going to enhance uh the pedestrian and reduce the vehicular impact when we're doing a highly vehicular approach to another two acres of the site. And and I'm thinking you must have did this already because you're recommending approval. So you guys have already looked at this and you know the zoning code better than any of us. Um what am I missing here in that would give us a green light to say hey boy go do this it's meeting everything we have in our zoning. When we approved this back in January we approved per

158072 and I don't see that this is fitting what we approved for the CPU which means I'm missing something.

Well as you could as you know this is on the very far edge of radar. So, I mean, it's intended not as J as the applicant said, as Mr. Woodard said, really their their focus or their market is going to be the students coming from the university, not not the pedestrians that may or may not be using Colonel Glenn Highway. Um, a bulk of the traffic that would use Presidential Drive is students going coming to and from the campus. Um, and this offers them the the first opportunity as they're getting to campus or the last opportunity as they're leaving campus to hit uh the the Chick-fil-A restaurant. And it's not it's not going to be a standalone restaurant. I mean, it's a standalone restaurant physically, but this is the beginning or end of of a larger development that'll have multiple tenants that will the intent is to encourage walkability between the development, not necessarily walkability to and from the development. So, as the as Raider Row is developing, the intent is to make sure that there's walkability between Chick-fil-A and whatever's to to the east of it and whatever's east of that and east of that. uh we can't change anything about the physical location and how it relates to Colonel Glenn or how it relates to right state, but we we will have some control as we're moving forward with Raider Road development internally. Um if there wasn't a sidewalk along Presidential Drive, that would be another thing we could do increase walkability is require them to put a sidewalk along Presidential Drive, but it already exists. So those those small pieces as you're moving forward can be part of the development but can't really do anything to change the the isolation that that already exists from residential without forcing residential to be built along Colonel

Glenn. And that's kind of a market decision, not a governmental decision. Don't run off Randy. Sure. I have a few questions too. Um, wait a minute. You haven't gone. I said I was going to ask if you were you were stealing all theirs. I don't I don't remember. I'm so sorry. Getting any questions here. Oh, yeah. I went first. You did? Yeah, that's what I thought. Hey, April. Sorry, folks. Yeah. No, you you miss two meetings and you forget everything you've ever learned. um that all of that presidential drive is is a private street and it's all university property. Is that correct?

I'm not 100% sure who the owner is, but I know it's private. Okay. Uh is there any um future possibility that that could be made a public street? I'm just asking for information. I'm not suggesting anything's possible, but I wouldn't envision that ever happening. Okay. Um, would you put up the aerial photo? Maybe. Wrong way. Going. Yeah. No, the aerial photo. There we go.

There we go. Okay. The property that is northwest of this site on the other side of Presidential Drive, that isn't part of the detention pond, is it? that is part of the the it's half of the detention pond for the meer but it's owned by the university. Okay. But that is so that is essentially unbuildable on that side unless they fill in the detention pond and make it underground which Right. Okay. But

speaking it's it's unbuildable. Okay. Just want to make sure that I was I was seeing the the uh pond where it belongs. Um the easement uh for the exit that is not part of this parcel that will be approved when we do the subdivision. Correct. Okay. Um help me out here. The dumpster is located between the right in only and the and the exit. Is that correct?

That's correct. Yeah. It was the dumpster was originally we had the the one way or the right in only further to the south with the dumpster being closer to the building. Um but ideally we wanted to get that access point as far away from the intersection that's already there. So they moved it they moved it the access point further to the east along with the dumpster enclosure.

Okay. I just in looking at the plans, it didn't at least my poor eyes couldn't tell that it said dumpster site, but uh it looked like one. Um and the requirement is in there somewhere that the um the screening around it matches the building, right? Okay. Um and there's no problem with the line of sight for the ground sign. Um 5 foot high sign. So, no, I it's it's well off. I mean the requirement is only 15 ft off the edge of pavement. It's well beyond that.

Okay, great. Uh thank you. Now I have one more for our engineer. Real quick one, real easy one. Uh since you there are two lanes and you say one lane would would at when you're not at peak time only one lane would be open. Do you have red lights and green lights to let people know which lane is is operating? No, they saw a horse you put out or Yeah. Yeah. They have traffic cones that they move around to. Uh that way people don't get confused. Right. And and the employees out there standing I'm sorry. The employees under the canopy also help guide the traffic as well.

Great. Thank you. Okay. Second helpings, ladies, gentlemen. Randy, doesn't closing one of the lanes kind of defeat the whole purpose of having all this stacking? Like, well, they I mean, it would be demand. So, I mean, we're if I guess what gives me heartburn is not Chick-fil-A, but a competitor just likes to close one of their lanes sometimes and it does cause issues. So, I mean, they're going to be required to make sure that all the stacking stays on site. Um, so I guess I don't see what the downside to having both lanes is, right? Open, right? I mean,

well, there's sometimes you'd only have five or six cars in there and you and you're trying to concentrate um your employees and the traffic into one specific area rather than running two cars side by side, you can get two cars behind each other. Um the the existing Chick-fil-A, you go out there at certain times a day and and they got cones everywhere and sometimes you're just trying to split the cones and um they do a very very good job uh the existing Chick-fil-A and moving people through. I don't think I've ever seen them close the lane.

Well, it's a little bit different of a building. It was set up as a restaurant with a accessory drive-thru, and this is a more focused on the drive-through aspect. Um, design-wise, I mean, it's got tons of stacking. Um, three or four times more than what we would require by code. Um, even one lane by itself, I mean, you're still talking 30 35 cars um fitting before you got back to that one one way access point. Okay. All right. And then I I'll just kind of ask the commissioners, too, what they think of having a sidewalk on the south. Like that just gives me heartburn to not have any access.

Is there sidewalk? There is sidewalk along Colonel Glenn that you're talking about an access. Yeah, because I mean I I totally agree that most will come from the north, but there are bus stops on Colonel Glenn.

Well, people are going to cut through whether you give them access or not. Uh if if at least you find really if you really want they could always put a a cross-hatched uh walkway u either just before or just after the uh the first um enclosure there where the uh where the employees stand. If you do it if you do it just after cars are going to be stopping there to order and that would be a break. I a few concerns with that is that the the contour of the the out in front between the drive-th through drive lanes and Colonel Glenn is

there's a lot of grade separation. There's great separation and we have the situation at the existing McDonald's on Dayton Zeni where you have a crosswalk through the drive-through lane and it it's it can be very dicey when you've got people aren't paying attention and we have to have flashing lights and all kinds of things to safely get pedestrians through and it still doesn't feel 100% right. The only way you're going to keep them out is put concertina wire across the front.

Yeah. But to just to weigh into what Commissioner Meyer was asking us, you're looking at something for the entire Raiders Row parcel. So what we do now would be a precedent. And without that sidewalk to support the, as Mr. Woodard said, walkability to and from campus, without the sidewalk, you don't have walkability. You have vehicular. And that's what makes me wonder, could we be favorable to setting a precedent for the rest of the Fairborn Beaver Creek acreage by doing the sidewalk now, getting out of the way, and everybody from now on knows that we're reinforcing walkability with this sidewalk approach.

That would make me favor it. If you want to do sidewalk, I would recommend in this area here. Um, I mean, it is Yeah, you're going to have to go a couple hundred feet up residential, but you're keeping people out of the drive-thru. I I just think it would be less than ideal to send pedestrians through the drive-through lane, especially if you got they're not going to go under the canopy, so they're either going to go behind it or in front of it. And here, I mean, that would be the more likely place you're going. And I just think that Jonathan, can you point to it? Because the the pointer is not working for me here. Or Josh, maybe. I would say in that area. Here's where you Yeah, that's where Ry's recommending. If you want to put it, you're going to want to put it in that area

or or through here. It's hard to see, but I would just be afraid to have people I'm just Yeah. Again, it's up to planning commission, but I think that it less than ideal to have tra pedestrians go through the drive-through lane. I guess just to my fellow commissioners, my thought is we put a condition in it or at least we can vote on it and then if when by the time it goes to council, if it's not feasible, council can remove it. I mean, agree. Well, according to the topo, there's about 4 feet of grade separation between the sidewalk along Colonel Glenn and the edge of the drive-thru. So, it's 4T 4T. It's four feet higher.

I get that. But we also uh had another restaurant that we made them do a path around and it was a lot more than four feet. So, okay.

Go ahead. Yeah, we we do have a pedestrian connection plan right now. It's immediately to the east of the dumpster. So, it is we do have that in the plan. It's it's a little bit easy to to overlook on what's shown, but I do want to point out that we have one planned. That's all the north side.

Yeah. So, the north goes north of the building just goes straight up and it's in there. There's a crosswalk. gets combined to the dumpster and we've we've added extra width in the pavement so there's room for trash to be taken out along with pedestrians to move through there. So that's where the current connection is planned and that requirement is is driven by ADA requirements and then I I think that the grade change along Colonel Glenn is is definitely a a constraint. There's also um some underground telephone lines running through there that we'd have to kind of work around to make sure that those are accepting of any modifications over those lines and around them. And then there's also plan to have a um a a utility a general utility easement I'll call on Colonel Glenn there. That would be we don't it's it's for future planning. um it could be used for utilities for this development or potentially others. So just something else to think about when you when you look at Colonel Glenn that could be a challenge.

A quick question. So thank you. Is there a way to maybe put like a little bridge crosswalk or something like that on the very east side, the very edge of the property connecting the crosswalk on Colonel Glenn into what's now a parking lot. but essentially connecting um Colonel Glenn sidewalk into that area so that instead of trying to cross into the Chick-fil-A, you're actually even building possibly a sidewalk along that entire east side and connecting it to the presidential drive.

So be a kind of like a connection from Colonel Glenn to Presidential. Um I mean that would be quite a sidewalk. Mhm.

Yeah, that that would be better. There would have to be some consideration for what's coming to the east. And I don't know if there's been any um any applications submitted for that. Um I I do know Chick-fil-A would if if there was I think we've had some conversations if if there is the opportunity to provide a pedestrian connection that's feasible and makes sense for all the users, Chick-fil-A would definitely be open to that. um in the same sense that the kind of parallel the access drive that that's coming in is where I'd envision that. Thank you.

Okay, folks. Time for decision time, folks. Mr. Mr. Chair, I would move to add a condition number 18 that reads u a sidewalk um access point should be located on the southern portion of the property. So, I'll be vague to allow the exact location to be determined later, but just on the southern end of the property. Okay, I have a motion. Need a second.

I'll second that. Okay, I have a motion and a second to and that will be added. That's an that's a new what? New condition. Okay, we need to vote on that. Uh Melissa, why don't you read the role? Miss Usher, Mr. Fountain, yes. Mr. Meyer, yes. Miss Palumbo, yes. Mr. Self, yes. Okay. So, we have now we have a um decision item with 18 conditions and I need a motion for that to approve.

All right, Mr. Chair, I move to approve uh POD 26-1 SSP number one with the 18 conditions. Okay, second. Okay, I have a motion and a second. I want to read the role again, please. Mr. Fountain, no. Mr. Meyer, yes. Miss Palumbo, yes. Miss Usher, Mr. Sil, yes. Motion carries for one. And that is the last item. I'm reading it correctly this time. I can guarantee you this is the last item for this evening. So, I'll entertain a motion for adjournment. Mr. Chair, I move to adjourn.

Go on. Now, somebody got a second. Okay. and we'll do that by leaving. Thank you very much. We'll see you in May.