STAFF REPORT To: Municipal Planning Commission Development Meeting Date: January 26, 2012 Applicant

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

David J. Mastrostefano, P.E. for Sheetz Inc.

Status of Applicant: Engineering/Permit Project Manager Requested Action: Preliminary Site Plan and Conditional Use Permits Purpose: Existing Zoning: Parcel ID Number: Location: Size: To construct a Sheetz service station with a reduction in the buffer requirement. B-2, General Business 16-C-082-0-00-004-0 7766 Lakeshore Boulevard 5,782 building on a 2.3 acre site

Existing Land Use: Eckley’s Corner Shopping Center Surrounding Land Use and Zoning: North: church, vacant lot in Mentor; zoned B-2 General Business and veterinarian hospital, retail center and Marathon Service Station located in Mentor-on-theLake; zoned Business District. East: Rite Aid; zoned B-2, General Business South: day care facility and single family homes; zoned B-2, General Business and R-2, Single Family Residential. West: Dunkin Donuts; zoned B-2, General Business Zoning History: The 23,000sq.ft. shopping center was constructed in 1966. In December of 2009, the Commission approved conditional use permits (CUPs) for the service station, outdoor patio and reduction to the buffer requirement along with the preliminary site plan. City Council “called up” the CUPs and subsequently amended the stipulations on February 2, 2010. City Council denied the CUPs by a vote of 4-3. In March of 2010, Sheetz filed a motion of appeal with the Common Pleas Court of Lake County adjunctive relieve of the denial of the CUP applications by the City. In November of 2010, Judge Eugene A. Lucci issued a judgment entry (vol 1941 pg 0975) affirming denial of requests for conditional use permits. Applicable Regulations: 1133 Site Development Plans 1135 Conditional Use Permits 1162 Landscaping, Screening and Buffering

Public Utilities:

Utility service connections exist at the rear of the existing building and will be extended or reutilized. Electrical service to the building will be underground from existing overhead poles along the rear property line. Engineering Comments: 1. Stormwater detention provided for site in underground storm sewer. Therefore, no additional detention required. 2. Site subject to NPDES Stormwater Permit requirements. Copy of permit or permit number required prior to start of construction. 3. 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
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City requirements. 4. 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. 5. A storm sewer use/maintenance easement between Sheetz and Munson & Andrews, LLC is needed over the storm sewer that will continue to service Parcel No. 16-C-082-0-00-007-0 (Rite-Aid Drug Store). 6. Recommend waiver of Sections 1133.05(h) and 1133.06(v) of the Mentor Code of Ordinances as site is currently developed. 7. Final site plan to conform to City standards (available upon request) as part of next submittal. 8. All utilities servicing site shall be bored under Meadowbrook Drive as necessary. 9. All existing cracked, and/or damaged, substandard sidewalk along front property line shall be replaced. 10. Power and telephone lines shall be run underground from utility pole to building. 11. Obtain an easement or agreement for landscape mound on property at 7781 Union Street. 12. The results of the trip generation study do not indicate traffic impacts significant enough to require a traffic impact study. 13. Handicap signing and mounting heights shall be detailed on the plans. Signs shall be mounted to a 7’ height to bottom of sign. 14. All sign sheeting material shall be Type H reflective sheeting. All signs shall be mounted at a 7’ height to the bottom of the sign. 15. Applicant is requested to provide bicycle parking and access for the site. 16. Provide a “Do Not Enter” sign facing Lakeshore Blvd. at the right out only exit drive. Also provide a “No Left Turn” sign at this location for exiting vehicles. 17. Provide a “No Left Turn” sign adjacent to and across from the right in entrance drive facing westbound traffic. Applicant shall provide written confirmation and plan modifications with next submittal as to the disposition of each of the above comments. Fire Department Comments: • A fire hydrant shall be located within 250’ of all parts of the building as the hose lies or as required by the Fire Chief for tactical purposed. • Permits will be required from the State Fire Marshall for the underground storage tanks. • Posts signs along the back of the building indicating “No Parking Fire Lane”. Police Department Comments: • Traffic flow from Lakeshore Boulevard looks good. • No after hour noise looks good. Analysis: The applicant is requesting preliminary site plan approval to construct a Sheetz Service Station at 7766 Lakeshore Boulevard. The request includes conditional use permits (CUPs) for the service station use and a reduction in the buffer requirement. The site is located to the west of the Rite Aid building at the intersection of Munson and Andrew Roads and east of the intersection of Lakeshore Boulevard and Meadowbrook Drive. The existing shopping center will be demolished. The applicant is advised that a separate demolition permit is required should the shopping center be demolished prior to the issuance of a building permit for the service station. The site is zoned B-2, General Business and is surrounded in part by commercially zoned landuses with the exception of three (3) residentially zoned parcels with homes located at the rear of the shopping center and adjacent Rite Aid building. The zoning line differentiating the residential from commercial zoning runs along the easterly property line of the day care property in a north south direction (See aerial photo). The existing buffer approved by the Commission as part of the Rite Aid project included an eight (8)-ft. high brick wall at the rear of the Rite Aid building and eight-ft. board on board fence at the rear of the shopping center. The buffering ordinance had not been established at the time of the Rite Aid site plan approval. The applicant is requesting a reduction in the buffer requirement contained in Chapter 1162.11
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Buffering Requirements. A commercial facility with operating hours past 11:00 P.M. when adjacent to a residential land use requires Buffer Type H with a minimum 50-ft. set back, solid eight (8)-ft. masonry wall or fence and a six (6)-ft. high berm. Sheetz service station will be open 24 hours, daily. The proposed Sheetz building is not located within the minimum 50-ft. buffer set back but the rear access drive will be set back 26.7-ft. from the residentially zoned property. The rear access drive provides emergency access around the building. The depth of the buffer from the existing residential properties will increase from the existing set backs associated with the shopping center and rear access drive. The existing shop center building is set back 20-ft. from the rear property line while the rear access drive is set back three (3)-ft. The Fire Department is requesting signs be post along the back of the building adjacent to the rear access drive indicating “No Parking Fire Lane”. The buffer proposal includes an eight-ft high brick wall, (8)-ft vinyl fencing, guardrail, and a three (3)-ft. high earthen berm and buffer plantings. A new eight (8)-ft. high brick fence will be extended from the existing Rite Aid brick wall to the west along the rear property line of the Sheetz property. The brick wall will end at the eastern property line of the day care property and then an eight (8)-ft. vinyl fence will be constructed along the day care property ending at the minimum 30-ft set back along Meadowbrook Drive. Only decorative fences with a maximum height of three (3)-ft. can be installed within the 30-ft. front set back. A guardrail will be installed to the west of the brick wall to protect the daycare property to the south. The Administration is recommending that decorative bollards, wooden style constructed guard rail or large boulders be used in lieu of the non-decorative galvanized metal style guardrail. The 165 lineal foot of buffer area located on the north side of the brick wall and vinyl fencing will be planted with 24 shade trees (Red Oaks), 17 evergreen trees (Colorado Spruce), 16 understory trees (Shadblow Serviceberry), 49 evergreen shrubs (Mission Arborvitae), 15 deciduous shrubs (Compact Burning Bush) and 77 small shrubs (Little Prince Spirea). The proposed spacing of the buffer plantings is too dense based on the height and spread of the proposed plant material. A revised landscape plan (Staff Exhibit A) was recommended by the Administration that includes (Red Oaks) planted 30-ft. on center along the edge of the service drive with 17 (Colorado Spruces) planted in a staggered pattern between the proposed brick wall and in front of the Oak trees. The Spruce trees have a spread of 20-25-ft. and height of 60-ft. while the Red Oaks trees have a spread of 45-50-ft. and height of 60-75-ft. The Spruce tree will provide an excellent visual and sound buffer year around. Sheetz has an agreement letter with the residential property owners (Dale and Catherine Bradley and Karl and Diane Mews) to the south to install a 17-ft. wide earthen mound that will be three (3)-ft. high with a two to one slope. The mound will extend 260-ft across the residential property and be planted with 50 Mission Arborvitaes planted five (5)-ft. on center. Two (2) Cleveland Select Callery pear trees will be located on each side of the mound. The Administration is recommending Wintergreen Arborvitaes be substituted for the Mission since they attain a greater height of 20 to 30-ft versus eight (8)-ft. for the Mission. The agreement letter also includes the requirement that all deliveries be at the front door facing Lakeshore or the other door facing Meadowbrook. The agreement will need to be modified to indicate the south side door will be used for emergencies only. Deliveries between 11:00 P.M. and 6:59 A.M. shall comply Chapter 531 Noise Control. Any deliveries that occur between the hours of 11:00 P.M. and 7:00 will be through the use of small sprinter vans which enter and exit the site without backing up. Sheetz will also provide both properties owners with contact information for district or regional manager. Per Chapter 1135.01 Conditional Use Permits are required for Service Station uses in the B-2, General Business district. Sheetz proposes to have seven (7) gas islands with dispensers and touch screens located under two (2) canopy structures and a 5,782 sq. ft. mini mart building. The outdoor patio approved by the Commission as part of the previous CUP request has been
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eliminated and indoor seating has been provided inside of the building. The floor area of the building has been increased by 785 sq. ft. over the pervious request to accommodate the new prototypical Sheetz floor/equipment plan with inside seating. It should be noted that the Mentor floor plan will not have the outdoor storage area located on the east side of the building or a rear entrance. The store will have an extensive menu of made to order foods including hamburgers, hotdogs, deli sandwiches and subs, salads and breakfast foods. The service station does not offer any type of vehicle service. It may be appropriate to include a stipulation indicating no vehicles may be offered for sale on the site. The City has been experiencing a problem with vehicles being offered for sale from the shopping center parking lot, specifically the parking spaces adjacent to Lakeshore Boulevard. A brick paver sidewalk will be installed at the front and sides of the building and be surrounded by 4” x 4” black metal bollards. The sidewalk pavers extend outward ten (10)-ft. from the front and west side of the proposed building. The sidewalk pavers are five (5)-ft. wide on the east side of the building. Two (2) ice machines and a Blockbuster Blue Box DVD vending machine are proposed to be located along the front of the building. A kerosene dispenser is located at the northwest corner of the sidewalk pavers. Two (2) propane storage tanks are proposed on the paver sidewalk at the east side of the building. The building elevations and site plan indicate different locations for the tanks with the elevations showing them closer to the front of the store. A free air machine will be located on a 4’ x 4’ concrete pad located north of the Lakeshore pump islands adjacent to the bio retention basin. Per code section 1161.04 Special Provisions Applicable to Commercial Zones, outside displays, storage areas or vending machines shall not occupy public or private sidewalks, drive aisles, landscape areas or parking areas, unless designated as an outside vending and storage area on a site development plan approved by the Municipal Planning Commission. The Administration is recommending the DVD Blue Box be located inside of the building since the service station is open for 24 hours. In addition, it is recommended that the ice machines be located to the east side of the building. Should the Commission wish to approve any outdoor display, a stipulation as part of the Conditional Use Permits would be appropriate. The site plan includes the 30-ft. minimum building and canopy set back along Lakeshore Boulevard and Meadowbrook Drive. All of the building set backs for the building and canopies exceed the minimum set back requirements established for the B-2, General Business District. The staff would note that the minimum 50-ft. buffer requirement set back line is not required along the commercial zoned property at the rear of the site which includes a vacant 20-ft. wide strip of vacant land south of the site and the day care property. The rear of the proposed building is set back 52.5-ft. from the residentially zoned property. The existing shopping center currently has three (3) access driveways into the property. The primary drive is the signalized drive at the intersection of Andrew Road and Lakeshore Boulevard that provides for dedicated left turn lanes in and out of the site. The existing 36-ft. wide access drive on Meadowbrook Drive will be maintained in its present configuration. The right in/ right out drive near the intersection of Meadowbrook Drive and Lakeshore Boulevard will be modified to provide greater emphasis on the turn restrictions. The City Engineer has commented that appropriate directional signage shall be installed at the intersection to re-enforce the traffic pattern. The existing concrete curbing and sidewalk along the street right of ways will remain although some areas will require removal of the curbing and parking spaces to accommodate the bio retention area and the right in/ right out apron modification. All existing cracked, and/or damaged, substandard sidewalk along front property line shall be replaced. The site plan indicates a minor lot line adjustment with the adjoining Rite Aid property that will provide the required number of parking spaces for the retail pharmacy building. An existing cross access easement provides access between the sites and is indicated on the existing conditions site plan. The cross access easement will need to be modified to reflect the proposed
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site layout and a copy of the filed easement shall be provided to the City Engineer's Office prior to granting of final occupancy. The number of parking spaces required for the service station is 24 spaces; the site provides for 50 spaces including two handicapped spaces. The City Engineer has commented that the results of the trip generation study do not indicated traffic impacts significant enough to warrant a traffic impact study. Proposed building material includes the use of a stone veneer at the base of the building with utility brick and a standing seam metal roof. Red canvas awnings are proposed over the windows on either side of the main building entrance. The canopy columns will be constructed from matching brick with a red vinyl canopy that is backlit. The proposed building will be 20’ high to the top of the parapets. The final building elevations shall include a profile of any roof mounted mechanical units so that they can be appropriately screened. The preliminary landscape plan provides low growth entrance plantings, street trees and perimeter plantings in the existing parking set back area. The applicant is advised that an underground irrigation system is required and a landscape bond in the amount of 100 percent of the cost of the plant material and installation shall be posted prior to issuance of a building permit. A trash enclosure is proposed at the east side of the building. The enclosure will be constructed of matching brick with painted metal gates. The final landscape plan or building elevations shall provide construction details. Stipulations: CONDITIONAL USE PERMIT: SERVICE STATION
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No retail items shall be displayed/sold outside of the convenience building other than gasoline, diesel fuel, kerosene and air pump. No vehicles shall be offered for sale in the parking lot. This permit is valid for the applicant (David Mastrostefano for Sheetz Inc) and the property owner of record (Munson and Andrews, LLC) and is not transferable without the approval of the Planning Commission. 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. 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 Community Development Department within ten (10) days of receipt of the notice of revocation

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CONDITIONAL USE PERMIT: BUFFER REDUCTION
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Proposed buffer reduction includes a 26.7-ft. set back for the rear access drive and 49-ft. set back to the trash enclosure with the construction of an eight (8)-ft. brick wall and solid wood fence along the rear property line. A 17-ft. wide earthen mound that is three (3)-ft high planted with 50 Wintergreen Arborvitae will be constructed on the Dale Bradley property in accordance with the agreement letter. All deliveries will be at the front door facing Lakeshore Blvd. or the other front door facing Meadowbrook Drive. The south side door will be used for emergencies only. This permit is valid for the applicant (David Mastrostenfano for Sheetz Inc) and the property owner of record (Munson and Andrews, LLC) and is not transferable without the approval of the Planning Commission. 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.

PRELIMINARY SITE PLAN: 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 part of any final site plan application. Exhibits: Site Plans, Building Elevations, Prototypical Floor/Equipment Plan, Landscape Plan, Lighting Plan, GIS Map

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