Elyria Planning Commission approves narrower streets for development

The Elyria Planning Commission has approved a request from DBR Commercial Realty to build right-of-way streets at its Reaser Pointe Crossing development at half the minimum size normally allowed. Reaser Pointe Crossing is a proposed $200 million, 400-unit mixed-use development in southeast Elyria that is being put forward by DBR and its owner, Dan Reaser. Planning Commission has already approved the developers preliminary plat drawings, which included 422 townhome units and 14 plots designated for commercial development. During its meeting on Tuesday, the Commission also approved a request for a variance from the developer that will allow the development to include right-of-way streets the are only 30 feet wide. The minimum width for a right-of-way street in city code is 60 feet. This approval was despite the concerns of the Engineering Department, as City Engineer John Schneider said his office was not in favor of the variance. "Engineering is not in support of reducing the right-of-way from the 60-foot requirement down to 30 foot," Schneider said at the meeting. "By reducing it, it's going to create a lot of challenges in the future … when public improvements will need to be completed again. As well as we believe it's going to create an unwanted precedent for future developers to want to follow this scenario as well." Schneider said he was concerned that the current layout of the development would make future work like road repairs or sewer replacements more difficult. "In regards to the way it's laid out here, it's gonna make it a challenge for, once again, not me, but somebody 50 years from now when they're replacing the concrete or have to do a water main repair," Schneider said. Attorney David Lum of law firm McCarthy Lebit Crystal Liffman represented the developer on Tuesday, saying that DBR was informed it needed the variance after the plat was approved. The plat includes 22 side streets of between 200 and 300 feet long, all of which are only 30 feet wide. "We believe the layout we've submitted with a few small changes, which I'll go through, should satisfy the Planning Commission," Lum said. Lum said that one of the concerns that the developers had heard from the city was that 30-foot streets would limit pedestrian access, but he countered that there will be sidewalks "all the way along Reaser Pointe Crossing." He also said the fact that the streets are dead-end and relatively short would prevent congestion from building up despite the narrow streets. Members of the Commission had also previously expressed their concern that the narrow streets would limit the ability of trucks — especially first responder vehicles like firetrucks and ambulances — from turning onto the street. "One of the changes we will do in response to that is curve the entrance to the streets to allow trucks to get in much easier, so that they're not 90 degrees," Lum said. "I think that's a pretty easy change." Elyria Fire Marshall William Gall said the department has been concerned about the accessibility of the development since the beginning, but that the developer had agreed to install a "hammerhead" turnaround on the end of the streets which would make them maneuverable for firetrucks "Thank you for putting in the hammerhead; that was needed," Gall said. Additionally, Lum said the development would have a homeowners association that would be responsible for plowing those side streets, rather than the city. There will also be no street parking, which Lum said would maintain access for trucks and fire service vehicles. Schneider said that despite the changes made by the developer, his opinion on the variance had not changed. When Mayor Kevin Brubaker, who is the chairman of the commission, asked for any opponents during a public hearing on the variance, Councilman Kenny Oswald, D- 4th Ward, came forward. "I have to agree with engineering," Oswald said. "When I look at the drawing, I understand you're trying to squeeze in as many lots as you want to get over there. But the problem that's gonna occur down the road is a lot of our garbage trucks, sanitation, police, fire, school buses — it's just not a good idea to have a vehicle pulling in and then maybe having to pull out." Lum said that under the plan proposed Tuesday, the developer was requesting a 30-foot right-of-way but also including 12-foot easements on each side to allow space for city services. In response to Schneider's concern about setting a precedent, Lum said that the project was already very unconventional because of its history. DBR sued the city in 2020, alleging that a connector road the city had agreed to build across the property was built incorrectly, which resulted in flooding. The sides came to an agreement this year, with the city agreeing to fix the road. That agreement was followed by Reaser announcing the new mixed-use development, as opposed to the commercial development which had originally been planned. "Obviously we're not within the code which is why we're here for a variance, but we've tried to address all of the concerns to the extent that we can and still be able to provide a beneficial development," Lum said. Additionally, Reaser himself contended that older streets in the city often had a right-of-way narrower than 60 feet, but because they had additional setbacks it was not an issue. This development would have similar setbacks to prevent any issues, he argued. The variance was recommended by a commission vote of 4 to 1 and it will now go before City Council for approval. Safety Service Director Chris Pyanowski was the only Commission member to vote against the variance. Contact Owen MacMillan at (440) 329-7123 or omacmillan@chroniclet.com.