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STAFF REPORT To: Municipal Planning Commission Meeting Date: September 13, 2012 Applicant: Purpose: Existing Zoning:

Parcel ID Number: Location: Size:

6, 7 & 16

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

Sam Shah for D&S Real Estate (Property and business owner) To operate a tasting bar with outside drinking and dining B-2, General Business 16-A-027-0-00-006-0 9620 Old Johnnycake Ridge Road 13,000 sq. ft. building on a 1.38 acre site

Requested Action: Conditional Use Permit and Preliminary Site Plan

Existing Land Use: vacant land Surrounding Land Use and Zoning: The site and surrounding properties are zoned B-2, General Business North: Endoscopy Center of Lake County East: Lowes Home Improvement Warehouse South: Brightwood Animal Hospital & Toms Auto Body West: City detention basin Zoning History: Applicable Regulations: 1133 Site Development Plans 1135.01 Conditional Use Permits Required 1162 Landscaping, Screening and Buffering

Public Utilities: West side of Old Johnnycake Ridge Road: gas line, 16-in water line, 18-in sanitary sewer line Engineering Comments: 1. A Building Permit is required for new buildings. Plans shall be submitted for permit review by the Chief Building Official for conformance with the Ohio Building Code and necessary permits obtained. 2. This use requires fire suppression sprinkler system. 3. Site subject to NPDES Stormwater Permit requirements. Copy of permit or permit application required prior to start of construction. 4. Site subject to City stormwater quality requirements. Site plan shall detail the installation and long term maintenance plan of post-construction best management practices to manage stormwater quality per City requirements. 5. Erosion control plan including schedule for installation to be included in construction plans. (Refer to Chapter 1353 of the Mentor Code of Ordinances) Plans to include City of Mentor standard SWP3 notes available at www.cityofmentor.com/live/storm-water-info/storm-water-management. 6. BMP Maintenance Agreement for stormwater management practices shall be submitted with permit application. Typical agreement form can be found at www.cityofmentor.com/live/storm-water-info/stormwater-management. 7. Final site plan to conform to City standards (available upon request) as part of next submittal. 8. Existing or proposed commercial drive apron access shall be improved to conform to the O.D.O.T. Location and Design Manual Section 800 and Chapter 1173.05(e) of the Mentor City Code. 15 (minimum) turnout radii required. 24 (minimum) throat width required.
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9. Sidewalk conforming to City standards shall be constructed along front property and curb ramps shall be constructed in walkways and driveways. 5 (minimum) uniform tree lawn width shall be provided. 10. All utilities servicing site shall be bored under Old Johnnycake Ridge Road as necessary. 11. If pavement open cut is proposed for any utilities on Old Johnnycake Ridge Road, it will require approval from Mentor City Council. Right-of-way permit and Council approval to be coordinated through City Engineering Department. 12. Provide typical sections for all drive aprons, sidewalks and all other paved areas. 13. All easements and ownership rights over subject property shall be identified on site plan. 14. Proposed asphalt pavement shall have a 1% minimum grade and concrete pavement shall have a 0.5% minimum grade. 15. All existing utilities and proposed service connections shall be indicated on plan in their entirety. 16. Provide copies of filed cross easements between adjoining properties to permit traffic movement as proposed and required by permit plan. 17. The applicant pursuant to 1133.05(f) or 1113.02(p) of the Mentor Code of Ordinances is required to provide a trip generation study. 18. Handicap parking with van accessibility and curb ramps shall be provided and be designed in accordance with the Ohio Accessibility Guidelines. Handicap signing and mounting heights shall be detailed on the plans. Signs shall be mounted to a 7 height to bottom of sign. 19. All traffic control devices shall be designed, installed and maintained in conformance with the Ohio Manual of Uniform Traffic Control Devices and shall be detailed on the plan. Provide appropriate directional traffic control to promote safe and free flowing traffic movement within site. All sign sheeting material shall be Type H reflective sheeting. All signs shall be mounted at a 7 height to the bottom of the sign. 20. Per purchase agreement (Ordinance 04-O-28) between the City of Mentor and the previous property owner, Harold Corey, applicant may claim credit for stormwater detention volume consistent with the volume of water that would be detained in the original stream bed on the applicants side of the stream centerline (which is also the property line). See attached purchase agreement. Fire Department Comments: 1. Use group A-2 over 5,000 sq. ft. or over 100 occupants shall be provided with sprinklers. 2. Provide required separation between the A-2 use group and the M use group. 3. A fire hydrant shall be located within 250 of all parts of the building as the hose lays. 4. Knox Box Entry System required contact Fire Prevention at (440) 974-5768 5. Provide information on what the 2nd floor will be used for. 6. Provide additional information on the kitchen. What will be prepared? 7. Provide drive inter-connect with the business to the north Police Department Comments: No Comment Analysis: The applicant proposes to construct a 13,000 square foot two-story building to house Red, Wine & Brew a retail wine and beer store with a tasting area at 9620 Old Johnnycake Ridge Road. The 1.38-acre site is located on the west side of Old Johnnycake Ridge Road and to the west of the Lowes Home Improvement store. The proposed building will be 28-ft high and will be setback 69-ft from Old Johnnycake Ridge Road, eight (8) feet from the north property line, 44-ft from the south property line, and 43-ft from the rear property line. All of the building set backs meet or exceed the minimum code requirements established for the B-2, General Business district. The proposed building use is for the retail sale of wine, beer and cigars and includes a tasting bar area and outdoor patio. The facility will have a kitchen that will serve flat breads, cheese and crackers and other light foods; it will not be a full service kitchen. Due to the limited kitchen
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menu the Administration is of the opinion that the use should be considered a bar/lounge and not a restaurant use. Per Chapter 1135.01 (a), conditional use permits are required for bars/lounges in the B-2, General Business district. The floor plan indicates the sales counter adjacent to the entrance vestibule at the main entrance to the building. The area to the left side of the counter will be for the wine racks and coolers. A beer cave is located along the back wall with two (2) beer coolers on the right side of the store. A display area for cigars is located at the front of the building by the main entrance. The service area includes a tasting area, spirits bar, beer tasting bar, chill lounge, prep kitchen and outdoor patio. The service area will have four (4) reach-in beer coolers and a gas fireplace on the common wall with the patio. The spirits bar and tasting area will have seating for 48 and the chill lounge will have seating for 17. Two (2) stock rooms for merchandise are provided along the rear wall and south side of the building. The second floor of the facility will be used for wine classes and special wine tasting events. The proposed hours of operation of the retail business are Monday through Saturday 7:00 A.M. until 11:00 P.M and on Sundays from 9:00 A.M. until 9:00 P.M. The tasting area and bar are open the same hours as the retail business except for on Fridays and Saturdays when the hours will be extended until 1:00 A.M. The applicant anticipates there will be 20 employees needed to operate the business. The 21 x 77 outdoor patio is located on the north side of the building. The majority of the patio is covered with a red clay tile roof supported with stone columns and surrounded with four (4)-ft. aluminum wrought iron style fencing with gates. The patio will provide a smoking area with seating for 14 and a non-smoking area with seating for 29 separated with a fireplace and wall. The applicant wishes to have soft background music on the outdoor patio as well as live acoustical music on the non-smoking side of the patio. The applicant is advised that any outdoor music shall comply with Chapter 531 Noise Control. The Administration is concerned with potential noise complaints due to the proximity of the patio to adjacent residential properties. There are homes on Cherrywood Circle that are located approximately 200-ft. from the rear property line of the retail wine/beer & bar facility. A City stormwater retention basin was constructed between residential and commercial property on Old Johnnycake Road and a five (5)-ft. mound with an eight (8)-ft. high solid wood fence was constructed along the easterly side of the retention basin to provide a buffer to the adjacent residential properties. The existing buffer mound and fencing will provide adequate screening of the outdoor patio. Site access is via a proposed 24-ft wide drive at the south side of Old Johnnycake Ridge Road and cross access easements with the medical office property to the north. The applicant is currently seeking a cross access and parking agreement with the adjacent property owner. The applicant will need to provide a filed copy of a cross access easement between the adjoining property owner to permit traffic movement as proposed as well as a trip generation study. The site will have a 62 parking spaces (12 landbanked) based at a retail/office ratio of four (4) spaces per 1,000 gross sq. ft. of floor area. Nine (9) parking spaces along Old Johnnycake Ridge Road encroach into the 10-ft parking setback. The applicant will need to secure a variance for the parking set back encroachment from the Board of Building and Zoning Appeals (BZA). Preliminary site plan approval by the Commission shall be contingent on approval of the variance. The City Engineer is requiring a 5-ft sidewalk be constructed along the frontage of the property. There are currently sidewalks on the west side of Old Johnnycake Road with the exception of the Crossroads building at the corner of Brandywine Dr. On the east side of the street a sidewalk exists in front of Lowes and the dentist office. Preliminary provisions for stormwater detention include a proposed detention area at the rear of
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the property. The City Engineer has commented that per the purchase agreement between the City and the previous property owner the applicant could claim credit for storm water detention consistent with the volume of water that would have been detained in the original stream bed on the applicants side of the centerline of the stream bed. The preliminary building elevation of the front elevation indicates the use of cobble stone with EFIS areas around the windows and a red clay tile roof. Side and rear building elevations and a building material sample board is required for review and approval by the Commission as part of the final site and architectural approval. The final site plan shall provide a landscape plan that provides for foundation plantings adjacent to the building, street trees 40-ft on center, landscaped islands within the parking lot planted with shade trees and an underground irrigation system. The applicant is advised that a landscape bond in the amount of 100 percent of the cost of the plant material and installation is required to be submitted prior to the issuance of a building permit. The final site plan and/or landscape plan shall provide construction details for the screening of the trash dumpster enclosure at the rear of the building. The final site plan shall provide photometric plan with the level of lighting at the property line which shall not exceed 11 lux. All of the outdoor lighting fixtures shall be fully shielded fixtures and detailed cut sheets shall be provided for review and approval. Any outdoor lighting poles shall not exceed the height of the building. Stipulations: Bar/Lounge: 1. This permit is valid for the Sanket (Sam) Shah and Chetan Patel the applicant and property owner and is not transferable without the approval of the Planning Commission 2. This permit shall be null and void if the use for which it is granted does not commence within twelve (12) months of the date of issuance or if said use is abandoned for a period of six (6) months or more following its establishment. 3. This permit may be revoked by the Administrator and/or Planning Commission for violation of any of the above conditions or any of the provisions of the zoning code. Appeals of the Administrator's decision to revoke the permit shall be made to the Planning Commission. Such appeals must be filed with the Department of Economic & Community Development within ten (10) days of receipt of the notice of revocation Outside Dining and Drinking: 1. No outside bar or food preparing facility shall be permitted within the patio area. 2. The outside patio hours shall be limited to 11:00 P.M Sunday through Thursday and from until 1:00 A.M. on Friday and Saturdays. 3. Soft background music shall be permitted on the patio until 11:00 P.M. Sunday through Thursday and until 12:00 A.M. on Friday and Saturday. 4. Acoustical live music shall be permitted on the non-smoking portion of the outdoor patio until 12:00 A.M on Friday and Saturday. 5. There shall be no advertising on table umbrellas or awnings. 6. This permit is valid for the Sanket (Sam) Shah and Chetan Patel the applicant and property owner and is not transferable without the approval of the Planning Commission 7. This permit shall be null and void if the use for which it is granted does not commence within twelve (12) months of the date of issuance or if said use is abandoned for a period of six (6) months or more following its establishment. 8. This permit may be revoked by the Administrator and/or Planning Commission for violation of any of the above conditions or any of the provisions of the zoning code. Appeals of the Administrator's decision to revoke the permit shall be made to the Planning Commission. Such appeals must be filed with the
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Department of Economic & Community Development within ten (10) days of receipt of the notice of revocation Preliminary Site Plan Stipulations: 1. The applicant shall provide written confirmation as to the disposition of each of the City Engineer's and Fire Department comments and shall be included as parts of any final building permit application. 2. Preliminary site plan approval by the Commission is contingent on a parking set back variance being approved by the Board of Building and Zoning Appeals for the encroachment into the minimum 10-ft. front parking set back. Exhibits: Conditional Use Permit Application, Site Plan, Floor Plan, Building Elevations, GIS Map

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