Board of Zoning Appeals - Regular Meeting

Yeah,

good afternoon. My name is Jason Barney. I serve as the chair for the Roman City Board of Zoning Appeals. I would like now to call to order the October 15th BZA hearing by first welcoming all of our board members, all the Renick City staff, our applicant for today, and any members of the public who are present for today's hearing. This hearing is being broadcast via Facebook live. We ask that you please turn the sound off on all phones and electronic devices during the hearing. If you have registered to speak on a particular matter when the public comment portion of the application is begun, please then wait to be recognized in turn. Please then state your name and residential address clearly so that the secretary to the board may record the proceedings accurately. It's important to note that all persons shall be afforded an opportunity to speak and state their views pertaining to all aspects of these matters. All that being stated, Mr. Clerk, can we begin by having you please take the role. Thank you. Um Smith does regrets today. Mr.

Here, Mr. H here. Mr. Logan here. And Mr. Young here. Miss Clark or do we have a motion to approve the agenda for today? So, thank you, Mr. Garner. Do we have the second? Second. Thank you, Mr. Logan. M. Clark, we go ahead and take the vote on approving today's agenda. Sure. Mr. Garner, I. Mr. Hamlin, I. Mr. Logan I. Mr. Dorny. I All right. Thank you, Mr. Clark. Board, do we have a motion to approve the minutes from the July 16th BZA hearing? Have a motion. Second, Mr. Hamler. Uh, do we have a second? Second.

Thank you, Mr. Garner. Uh, Mr. Clark, we go ahead and take the vote for approving the minutes from the July 16th hearing. Sure. Mr. Garner. Hi, Mr. H. Hi, Mr. Lloy. Hi, Mr. Barney. Hi. Moving forward, do we have any unfinished business to attend to today? Thank you. Okay. Um, moving on to new business. M. Clark, may we go ahead and read the first application of new business for today? Sure.

And this applicant is requested to withdraw the application. Um, it's by Flint Tron for property located at 152620th Street, Northeast, bearing official tax map number 3341213, zoned R1, residential district for special exception pursuant to section 36.2-311 zoning coded city of Rono 1979 is amended to permit a home sale.

Great. Thank you, Mr. Carter. Could we go ahead and read the second application for today in the record considering that first application is from? Sure. This application is by Britz Alderman on behalf of Charm Foods, Inc. for property located at 2657 Peters Creek Road Northwest bearing official tax map number 6370101 zone CG commercial general district with conditions for special exception pursuant to 36.2-315 2-315 zoning go to city of road 1979 is amended to permit a drive to the facility.

Great. Thank you very much, Mr. Clark. Um, is the applicant present today? Thank you, sir. I just wanted to, you may have already been notified of this, but there's only four board of zoning appeals members here today. Uh, which still needs to be affirmative of four affirmative votes uh for a special exception pass. Um, do you still want to proceed in that in that case or would you like to request a continuence? I'd like I'd like to proceed if we can. Um, if there's a lot of questions that need to be answered that I couldn't answer today, then I would respectfully request a continuation. Uh, fair enough. Okay. Um, could you go ahead and state your name and residential address?

Yeah, my name is Fritz Alderman and I live in Cleveland, Ohio. Um, specifically on Schneider Road and Bainbridge Islands. Okay. Okay. Could you go ahead and raise your right hand to swear you in? You solemnly swear that the testimony that you shall provide a will be the truth, the whole truth, and nothing but the truth. Yes, sir.

All right. Thank you, sir. Go ahead and tell the board what your plans are. Our plans are to um to raise an existing bank building that's on Peters Creek Road and replace it with a a long with a Taco Bell fast food restaurant with a drive-thru in that on that particular that's that's in general what we're asking today.

Okay. I think there was um well before that I'll go ahead u Mr. Would you go ahead and tell the board what staff recommendation is including in conditions? That is the request for catch exception to establish adoptive facilitating sub property is appropriate and consistent with the city's comprehensive plan uh in the Peters Creek North area plan and meets the standards for the rating of special exception. Staff recommends approval of the special exception subject to the following recommended condition that the development shall be constructed in substantial components of the site plan entitled Endeavor 2.0 dated March of 2021 in design by Carpinsky Engineering. Thank you, Mr. Have you received any public comment in regards to this application? Not that I'm aware of. No. Okay. Okay. Mr. Alderman and I think there was among some other possible concerns there was a concern in regards to um potential traffic backup on at the Peters Creek entrance to this proposed property. Um and my specific question is if such a factory happens you just and the busy times was there anything that you all thought about in order to maybe mitigate something like that? Uh yes. Um our our preliminary traffic study for the for the drive-thru has indicated that um using the IT man, we probably only need five um stacking spaces in this line. And oddly if not, that's your your requirement. So there's probably some correlation there. If there is a backup on the road, I would I would believe that the cars would pull to the right and avoid that drive-thru and probably take a parking place and go in and eat. Um if not they can circle around the building and come back again. I don't

think that there will be a backup on Cove Road um from this project because although we need five spaces let's say they were opening day when it opens up there could probably be a backup. Um I would kind of hope there would be just for the business side of the the um aspect of the project. Um, but I would highly doubt that there would be because there's about 11 car space there, it would block all ADA parking and stuff like that. But if the people were to do that, there would be space for 11 cars to to code road. Um, so I'm I'm highly doubtful that that would happen, but it is a consideration and those are the parameters of the traffic study that have been looked at to determine that situation. What other questions do we have for that? Um, Mr. Chairman, I uh expressed this in the work session earlier today and can you put the spec on the uh on the screen?

Yeah. Um I you mentioned in in the event that that uh cars are stacked beyond capacity on Peters Creek Road that uh cars could pull a ride in which would start the bike lane that's uh that is on Peters Creek. I understand the zoning setback restrictions prohibited you from moving the building more toward the center lot which would allow you to drive all the way around the building if you if you needed like the I'm thinking of the um Taco Bell that's on Brambleton that you can drive all the way around the building. Um that troubles me a little bit just because I foresee um the issue. I've seen more than five cars stacked at at numerous locations before. So it just troubles me a little bit that there might be occasions where cars would spill out onto Peter's Creek. I certainly understand the go around to the coin entrance um if the patrons realize that that that's you know that that's an option. Um Mr. Moore, I know that I'm assuming that the only um the only solution to being able to relocate the building on the lot will be variance. Is that correct? to to meet the 30 foot uh maximum setback.

Yes, that would be that would be correct. I I would not advise going that direction just because the variance process is just very hard to um to do that. But yeah, uh that is certainly an option. Um just not a very viable one. Did the uh whoever whoever evaluates these projects for traffic flow and such the uh um transportation.

Okay. Transportation. Um were there in reservations express? Um um yeah, generally speaking, I the discussion that we're having right now is obviously of concern. um you know I think I think that um transportation while they had concerns about this it's not enough concern for them to you know you know as long as it gets approved at this uh level uh it would not hold them up from moving forward with approval um during the development review phase. Now there's other considerations uh from a transportation perspective that will be taken into account during that plan review phase. Um there was some information uh I believe that was requested by our transportation department through the um resoning process uh looking at um traffic counts um and things of that nature. So um it is anticipated that um you know transportation department if this project moves forward during the development review process would have an opportunity to weigh in on any you know um mitigation that would need to take place u based upon those traffic studies.

Is that helpful?

That's yeah that's helpful. Thank you. I just uh think about some similar uh uh businesses in the city. An example, the McDonald's on Franklin Road, which is a similar situation. You can't drive around the building. Traffic spills out into Franklin Road all the time and trust one lane and uh uh but you know, similar situation. But no, that that answers the question. Thank you. If this gets approved and if it moves forward and it comes to fruition and there is there are traffic issues in regards to this particular topic, is there any enforcement or is there anything that will be done after the fact to try to mitigate that or anything that you may not be of any question? I just

Yeah. Will there be any requirements to correct any issue like that? Yeah, I don't I don't I can't think of anything. um can't think of anything off the top of my head right now from a from a code enforcement standpoint.

Um you know, obviously we could work with the the owner and applicant to, you know, maybe put in a secondary um drive-thru, but obviously we would want to handle any of those concerns during um you know, so something like this. uh we want to try and anticipate the issues and address them now rather than um you know wait until the issues arise and you but you're saying that the department of transportation will get will be involved in the development review phase.

Yes. Yeah. And that was a requirement I believe that was um part of the resigning process that they went through last month. Is that correct? Yes. Is there anything else you'd like to tell us about your application today? Other than we're looking forward to putting that project in place, we'd actually like to start early spring and get it finished uh before summer break.

Board members, do you have any other comments or questions for the applicant or for staff at this time? I think that answer the question that I had. So this would be something good for community as just sitting there bringing something to the city more specifically since was here. Are there any concerns that you all might have respect and his wishes to maybe continue if it doesn't go? We don't get an approval. Was there any concerns that you might might have and that might vote for a denial on this today? No.

Okay. Um, Mr. Marty, I I might have missed it, but do we open the public hearing for this? We're going to do that right now. Thank you for the reminder. Okay. At this time, I'd like to go ahead and open up the public hearing portion of this application. Miss Clark, do we have anyone scheduled to speak on this matter today? We do not.

Okay. Okay. Is there anyone out in the audience there would like to speak on this hearing? Hearing no one hearing no one, I'll go ahead and now close the public comment portion of this application. Um or if there are no other comments, uh is there a motion to amend the application with the recommendation or with the condition proposed by staff? Second. Thank you, Mr. Lo. Do we have a second? Thank you, Mr. Hamlet. Uh, Mr. Clerk, we take the vote on amending the application with the condition proposed by staff. Sure. Mr. Garner, I. Mr. Hamlin, I. Mr. Logan, hi.

Mr. Garnney. Hi. Miss Clark. Uh, before we take the final vote, you have comments. Okay. Miss Clark, can we go ahead and Sorry. Do we have a motion to uh approve the amended application? Move. Thank you, Mr. Garner. Do we have a second? Second. Thank you, Mr. Handler. Mr. Clark, will you go ahead and take the final vote on the application? Yes, Mr. Garner. Hi, Mr. Handler. Hi, Mr. Logan. Hi. And Mr. Barney. Hi. Congratulations, Mr. Special. I'm going to take off. I got a plan to get. Thank you. Thanks.

Okay. Um, other new business today. Um, Miss Clark. Yes, we have the election of of the officer of secretary. Yes. And who is our nominee today? That would be me. Okay. But I move that we elect uh Miss Clark as Mr. for the first. We have a second. A second. Thank you, Mr. Hamlet. Uh can we go ahead and take the vote on approving Miss Clark for the office of secretary to the board of zoning abuse? Thank you, Mr. Mr. Bur. Hi, Mr. Hammer. Hi, Mr. Log. Hi, Mr. Hi. Congratulations, Mr.

Okay. Uh, do we have any other new business to attend to today? Okay, let's journ. Thank you very much, everyone. We'll see you next month. It's going to go well.