LAFAYETTE TOWNSHIP ZONING COMMISSION

Regular Meeting

6776 Wedgewood Road, Medina, Ohio

February 3, 2009 @ 7:00 p.m.

Zoning Commission Chair Karen Schoonover called the meeting to order at 7:00 p.m. Roll call indicated four regular members of the Zoning Commission were present: Dianne Wenslow, Karen Schoonover, Sherri Meinke and Russ Green. Also present was Matthew Strehle (alternate) and Peggy Folk at 7:10 p.m. (alternate). Mike Biskup was absent. Others present included: Zoning Inspector Alliss Strogin, Tony Wenslow (5750 Chippewa Road), Dave Jenkins (5346 Chippewa Road), Attorney John Oberholtzer (Medina), Lynn Snyder (Wooster), Gary Sills (Medina), Justin Petrecia (Medina), James Baird (Medina), Mike Koenig (Chagrin Falls), Tina Stonemetz (Minerva) and Deb Bican (62 Willow Wood, Chippewa Lake).

Minutes

Upon motion by Dianne Wenslow, duly seconded by Sherri Meinke, the December 2, 2008, meeting minutes, the January 6, 2009, meeting minutes and the January 15, 2009, meeting minutes were unanimously approved.

Correspondence

The secretary distributed a copy of the Application for Site Plan Review submitted by TC Architects, Inc. for the proposed Hilton Chippewa Landing Resort & Cottages along with a copy of the MCDPS Staff Report (draft dated 2/4/09) relative to the Chippewa Landing PUD Subdivision Preliminary Site Plan.

New Business

Preliminary Site Plan - Hilton Chippewa Landing Resort and Cottages

Tonight the Application for the Chippewa Landing PUD Subdivision Preliminary Site Plan will be reviewed along with the Department of Planning Services Staff Report (draft dated 2/4/09) for the Site Plan.

Those present on behalf of the applicant were: Gary Sills (developer), Attorney John Oberholtzer (legal counsel), Lynn Snyder (Engineering Associates), Justin Petrecia (TC Architects), James Baird (Chippewa Partners director of sales & marketing), Tina Stonemetz (Atwell Hicks biologist working on wetlands mitigation and streams), Mike Koenig (Atwell Hicks environmental engineer working on environmental study on the property, stream studies and asbestos studies).

Relative to the review of the CRO district zoning text as well as the MCDPS Staff Report, the following is the main part of the discussion and the responses to various questions and comments from the Board members and/or audience.

Gary Sills – Relative to the question about access to the lake, there will be a pedestrian system throughout the project. We haven’t really gotten to that point and we’re not required to have landscaping until the final plan.

Sills - The main entrance to the project was pointed out (Main Drive) along with the high point on the road. He also pointed out the elevations. The terrace is an effort to accommodate some of the site constraints and also to deal with the floodplain issues. We will not be doing anything with this stream that goes through here now. We will clean it up, enhance it and make it a feature. There is a 50’ buffer on each side so it will be a minimum of 100’ wide. This stream goes right through the older subdivisions and one of the problems is the bridges, which are substandard and not strong enough to handle a fire truck. We will rebuilt the bridges and make sure they are crossable. We have also provided for emergency fire access around the other side and the fire truck turnaround as well as deliveries for the restaurants. There will be two lakefront restaurants – fine dining and a three-meal-a-day restaurant. The main building has 30 rooms, the guest wing 106 rooms and there are 86 boat houses and 10 pool houses. Mainly Phase I consists of the main road, the conference center, the hotel and the tennis courts. He pointed out the Akron General Health & Wellness Center, the spa and the 36 tatami suites that will be operated in conjunction with the hotel. The other buildings will come as the demand warrants. One can stay in the main building, the guest wing, and the tatami suites or in a cottage and there are the members’ cottages as well. The members’ cottages have a club component but they are not considered a timeshare.

Sills - The large water features may have to be in Phase I because of the problems we have here – one of which is dirt. Some of the water features are for retention and others will be used as a natural amenity. The area over on the Westfield Township side is going to have no building on it and it’s all going to be used for floodplain mitigation and wetlands mitigation.

Lynn Snyder (Engineering Associates) – As to the floodplain issues, there are a couple things going on when you look at the map. The gray area is the 100-year floodplain as we (Engineering Associates) calculated it to be. The crosshatched area is the FEMA 100-year floodplain. We have surveyed the entire site and have the elevations. The FEMA information is based on 2’ contours provided by Medina County so our elevation information is a little bit more precise. Two things are going on - you’ve got the lake rising creating floodwaters and you’ve got this stream that comes through the property that has its own floodplain. It only takes a little bit of difference in elevation to cause water to either spread out or be contained. We have to submit our calculations to the Medina County Engineer for their review and approval. If they approve it, it then is submitted to FEMA for approval. If they don’t agree then we have to revise it. Actually this is new FEMA information as they had came back and remapped the county using the 2’ contours. If the methodology changes and FEMA says we need to revise it, then we will come back and do the calculations again. This floodplain after development was pointed out.

Snyder - When I asked the Medina County Engineer’s Office if we could place this detention basin in the floodplain, they said yes. It has to do with the hydraulics of the stream waters from the lake and the timing of the water. Some places don’t allow it but Medina County said we could and they are the only ones that have jurisdiction over the storm water detention. We have to stay above 994.3’ elevation to be out of the floodplain. All buildings have to be higher than that and actually you must have all your structures 2’ above that elevation. It will require a tremendous re-sculpturing of the whole site. There was a serious dirt problem and was one reason for the ponds. This one pond doesn’t serve much purpose in terms of storm water detention but we needed the dirt and it is over 20’ deep. One of the things in our next phase is to do our soils work and determine how much of this we can actually use.

Snyder - There was a question about the storm sewers and the homes currently in the floodplain as to whether this development will alleviate some of the problems or make them worse. It was explained that it would not make it worse because of the use of the detention basins. We must collect and store all the runoff from the site and discharge it at a rate no greater than it was before. Our office does the calculations prior to being reviewed by the Medina County Engineer. We will use piping where required for the drainage. As to the compensatory storage issue, whenever you fill in a floodplain whatever volume you are filling you must compensate another area on the site or adjacent to it and that’s what this whole area is doing. We’re serving two purposes here – one for wetlands mitigation and the other is for compensatory storage. That’s the floodplain issue – compensatory storage. Storm water detention we are taking care of that with these ponds. This area will drain into this pond and when one fills up, it is taken out into another pond so we’ll have to model two ponds working at the same time. These ponds are oversized strictly for the dirt. Every pond that has water in it will be a retention pond. A retention pond has a permanent water pool in it and a detention pond has a dry base. We only have one detention basin on the site. There is a problem with elevation in this one area and we will need to have some type of wall because of the difference in heights but that will be shown on the final.

Chair Schoonover indicated she was concerned about the perception of the people who live in the two older developments and the Board needs to be aware of those concerns and what the embankment/wall was going to look like and what the detention/retention basins are supposed to do and what they won’t do. Lynn Snyder explained that perhaps those residents could put some drainage in but it would probably only solve minimal flooding issues for them. Gary Sills explained that when they go in to fix the roadways they need to scoop them out because they are not able to put asphalt on top of what’s already there, as it would cause more of a flood problem. The finished road level needs to be no higher than the road is right now. Peggy Folk indicated that at one of the very first meetings relative to this project it was explained to the residents that this development wasn’t going to solve their drainage issues but it won’t make it any worse either.

Snyder – We talked to Tom James (Medina County Park District) about coming across their land here with access to the lake and we walked this whole site. He is interested in taking care of the Yacht Club that is there right now and we agreed for them to stay at least one more summer. This would probably be one of the last things to be built. This strip here is Park District property and there was some discussion about swapping some acreage so they could move the Yacht Club and they would come in through Gloria Glens. The Yacht Club is a private club and has nothing to do with this development complex.

Sills – As to a question about boats, it was indicated they only have a limited number of boat slips/docking rights on the lake and those are going to be used primarily for the boat houses, the hotel and the club members. The existing pier is not that big and as part of the wetlands permitting and per the Army Corp of Engineers we can put piles around the perimeter of it to build a boardwalk over the top without tearing it out and disturbing it, etc. Perhaps there will be dinner cruises or tours around the lake but it will not be a public docking area and it’s not going to be a boat storage area.

Mike Koenig (Atwell Hicks) – Part of developing a property like this is the process of identifying the ecological features such as wetlands and streams. A wetland delineation for the property was done and we did identify some wetlands. We did a jurisdictional determination for the Army Corp of Engineers and quality assessments with Ohio EPA where essentially they come out and review our delineations. They have agreed with our delineations as far as the number of wetlands that are present, their size, their quality, etc. There is about 8 ½ acres of wetlands and 4,471 linear feet of stream on the site. There are two streams on the site. The project as it stands right now is not impacting a single foot of the streams on the site. To make the development work the way it needs to we do have to impact some of the wetlands. Essentially there are two types of wetlands. Isolated wetlands are regulated by the Ohio EPA and jurisdictional wetlands are regulated by the Army Corp of Engineers. Isolated is just an isolated pocket of wetland while jurisdictional is they have a connection to a stream or a lake. Right now the project proposes to impact .2 acres of jurisdictional wetlands. To get approval we prepared and submitted a nationwide permit application to the Army Corp of Engineers who is in the process of reviewing it right now. With that permit you are allowed to impact up to .5 acres so we are well below that permit qualification. Likewise with the isolated wetlands the project is proposing to impact about 1.8 acres and we are in the middle of processing that permit. The permit as submitted would let us impact up to 3 acres so we are below that permit qualification as well.

Koenig – As part of the permitting process with the Army Corp and Ohio EPA not only are they very concerned about the impacts that would have to occur but also to the wetlands that are going to stay. They want to make sure they are going to stay at the same quality or better so as part of our plan we have to demonstrate how this is going to be saved and not impacted by the development. It’s a matter of the natural features and any water that is discharged through a wetland first has to go to a detention or retention system to provide water quality and let the sediments drain out of it and then it goes into the wetland but not at a higher rate than it already does. The detention one will require some upkeep. As part of the approval process the agencies require that we mitigate for those impacts. For ease of numbers they require that we mitigate typically at a ratio of 1:2 or 2 ½ to 1 so if we want to impact one acre we have to replace it with two acres. We are impacting .2 acres of Army Corp wetlands and 1.8 acres of Ohio EPA wetlands for a total of around two acres. The reason for the proposed area for wetland mitigation is because it’s about six acres in size, which is more than what we’ll need. We are mitigating on-site rather than off-site at another location. We have to demonstrate to the regulators how these features will survive, maintain moist conditions, hydrology, etc. Because the wetlands we have to mitigate are forested, we have to provide forested mitigation on-site. We are proposing to transplant the trees or vegetation that satisfy mitigation requirements. As part of the permitting process the regulators tend to stipulate to some degree what we can plant so we have to satisfy them.

Zoning Inspector Strogin suggested that the wetlands be dressed up with the appropriate plants for a wetland to make it look more attractive.

Tina Stonemetz – Because it’s going to be forested they are going to transport green ash, which is water tolerant, and then red maple so it will have the same characteristics as the wetlands being impacted now. Forested wetlands are one of the better wetlands.

Koenig – The other thing we plan to do aesthetically is to have micro-topography through here so when it does flood as the waters slowly come up they are going to be directed. It’s not going to be flat. It will have some minor elevations in there.

Chair Schoonover – It’s kind of like what the Park system did where some things are raised up and some things the water just flows around and that nice walking trail goes through it. That was part of what the Chippewa Watershed Study indicated to put in place to help alleviate the flooding downstream.

Dianne Wenslow – It was indicated previously that perhaps some of the residents in the two subdivisions there could alleviate some of their flooding concerns by putting in piping – who would be responsible for that. I think it would be a nice gesture to work with them to do that.

Sills – As I mentioned at an earlier meeting we are going to replat this and create for them two homeowners associations so these internal roadways, any drainage, any utilities that are in here that aren’t county owned would be part of the associations’ common area. Any piping costs for them would be the responsibility of those residents but we could look at it to see what would be involved.

Sills – In response to one of the MCDPS Staff Report comments about the location of some of the parking areas to the buildings, there will be an internal shuttle that will take people from one place to another, particularly in the winter. There will be carts that the hotel will use, the bellman will use and for deliveries.

Chair Schoonover indicated that the final site plan is to address issues such as streets, manholes, signage, lighting, landscaping, etc. It was indicated that the county is providing all the water and sewer.

Dianne Wenslow asked if there was any thought to preserve any of this area of Chippewa Lake as a historic area. Gary Sills indicated they are looking at several different things such as a museum or something.

Chair Schoonover indicated that Section 308 of the zoning code had been reviewed and in particular as to preliminary site plan approval. Tonight we are basically looking at the general location of use areas, open areas, circulation patterns, etc. The Board concurred with the review of the text and approval process.

In response to a question about what happens to all the existing structures that are in there as most of them are very dilapidated, Gary Sills indicated all such structures are coming out and an asbestos study had been done.

Koenig – We did a full asbestos survey for all of the buildings that are kind of/sort of standing and the ones that have fallen and the debris piles to determine what has to be moved out. There is actually only a small amount of asbestos at the site. With the exception of shingles, which are dealt with in a certain way, we have processed the asbestos abatement notification with Akron Air.

Sills – Along with the buildings there is a lot of steel out there from the rides. We are currently evaluating how best to handle it. It ranges from keeping something and trying to restore it, trying to sell it to somebody who is interested in doing something with it or just selling it for scrap. We have told the Cloverleaf School District that whatever we get from any of the steel from the rides we’re going to donate it to them. Our biggest hurry right now are the trees.

Koenig – As part of the wetland permitting processing the Army Corp requires that we coordinate with the U.S. Fish & Wildlife for any endangered species on the site. The only potential concern on the site is the Indiana bat and we submitted a preliminary evaluation for that concern to the U.S. Fish & Wildlife. They look at the quality of the habitat site (or lack thereof) and then make a determination. Typically because all of Ohio falls within the range of the Indiana bat they issue us a concurrence letter back saying you are within the range but the habitat at the site is less than perfect because of this or that and they allow you to clear the trees between a set period of time. We have submitted all of our information and they have received it. They are changing the way of processing this concurrence letter now to where they don’t want to issue it until the Army Corp has received the wetland permit (which they have received). I spoke with the regulator just the other day to initiate those two agencies to talk so we can go forward. The cutoff date is March 31 so timing is important.

Responses by the applicants to other questions:

- There are no existing wells on the site.

- All of the pathways in the site will connect in some way or another with pedestrian ways to allow the open space to be assessable to the residents and guests.

- The walkways will be 4-5’ wide.

- The Fire Department concerns noted in the MCDPS Staff Report have been addressed.

- Every building will be sprinkled (fire safety).

- The top of the hotel roof is 60’ but there will be no living facilities above 40’ high.

- The bike trail currently runs along Lake Road; someone could ride their bikes on any of the internal streets/paths.

- An outline of the Homeowner Association documents was submitted; there will be a basic association and about 4-5 different ones for certain common areas – final HOA documents to be approved by the Prosecutor’s Office and the Township prior to final plat approval.

All Board members acknowledged that they had reviewed the MCDPS Staff Report and the CRO district zoning text relative to this preliminary site plan application.

Sherri Meinke – I’m fine with the plan but not sure about the houses (that will be noted at the final).

Russ Green – I believe they have done their due diligence and they are working with everyone to keep this project moving forward.

There was no further questions or comments by the Board members or the audience.

Karen Schoonover made a motion to approve the Chippewa Landing PUD Subdivision Preliminary Site Plan as presented subject to the modifications as listed in the MCDPS Staff Report.

Dianne Wenslow seconded the motion.

Roll call vote: Dianne Wenslow - yes

Karen Schoonover - yes

Sherri Meinke - yes

Russ Green - yes

Peggy Folk (alt.) - yes

The motion was passed.

The preliminary site plan for the Chippewa Landing Resort PUD was stamped as approved and signed by the Chair Karen Schoonover. The plan will be presented to the Lafayette Township Trustees for their review and consideration of approval.

Old Business

Nonconforming Lots in Chippewa Lake Area

Chair Schoonover indicated that the discussion relative to this topic is to be continued until another meeting.

Comprehensive Plan Revision

Chair Schoonover indicated that the Comprehensive Plan Steering Committee met recently and tentatively there will be an Open House for the community on Thursday, February 26, 2009, at 7:00 p.m. at the University of Akron, Medina County Campus (the date to be confirmed later).

The Board decided to have a workshop to review the draft Comprehensive Plan revision. The workshop is scheduled for Thursday, February 12, 2009, at 7:00 p.m. at the township hall. Board members were encouraged to review comprehensive plans from other townships as well (Chatham, Montville, Medina etc.).

Announcements

- Zoning Commission workshop will be Thursday, February 12, 2009, at 7 p.m.

- MCDPS Zoning Workshop on “Zoning Text Amendments” will be Wednesday, February 18, 2009, at 6:30 p.m. at the University of Akron, Medina County Campus, 6300 Technology Lane, Room 309 in Lafayette Township.

- Comprehensive Plan Steering Committee Open House will be (tentative date) Thursday, February 26, 2009, at 7 p.m. at the University of Akron, Medina County Campus.

- Next regular meeting of the Zoning Commission will be Tuesday, March 3, 2009, at 7 p.m. at the township hall.

Adjournment

Upon motion by Karen Schoonover, duly seconded by Sherri Meinke, it was unanimous that the meeting be adjourned. Adjourned at 9:00 p.m.

Marlene L. Oiler, Certified PP, PLS

Lafayette Township Zoning Commission Secretary

(Note: Minutes approved on 3/3/09.)