Planning commission approves Fizz and Freeze site plan with drainage condition

Milford planning commissioners voted to approve a site plan and business operating agreement for a drive-through soda shop called Fizz and Freeze at 825 South 100 West, but conditioned that approval on further work to address on-site drainage.

The decision followed a presentation by applicants David and Angie Myers, who said they plan a permanent ‘‘hickory barn’’ building with a service window facing 100 West and utility hookups for water, sewer and power. ‘‘We’re looking to open a drive-through soda business,’’ Dave Myers said during the meeting.

Planning staff reviewed the site plan and found the proposal meets the city’s setback requirements for the Main Street commercial zone. Staff also noted the proposed site improvements: decorative rock between the drive-through and the sidewalk, gravel or road base for temporary surfacing, four building-mounted lights and a single parking space. The commission discussed lighting placement and recommended downward-shielded fixtures to avoid glare on Main Street.

Drainage emerged as the principal outstanding issue. Staff reported an on-site flow test after opening a hydrant at 850 South and 100 West and observed water overtopping the sidewalk and running onto the subject lot. A city foreman’s attached memorandum recommended importing and compacting fill to bring the parcel up to road grade to reduce localized flooding. The foreman’s letter also recommended the city study a larger waterway at the nearby intersection and suggested engineer review of storm-brick systems or French drains.

Planning staff recommended approving the site plan with a stipulation that the applicants and staff meet the Milford City Council on Nov. 18 to develop a drainage plan and that the commission require completion of specified improvements within a timeline included in a proposed business operating agreement. The operating agreement presented to the commission would allow temporary gravel surfacing at opening but require asphalt or concrete drive-through and parking surfaces within 12 months.

The commission approved the site plan and operating agreement by voice vote after a motion to approve, with the condition that staff and the applicants pursue a drainage solution with the council and engineers. Planning staff reminded the applicants that they must also obtain any required county building permits, a geotechnical soils report, and a city-installed radio-read water meter (MIU) before operation. ‘‘Bringing the property up to the road grade will not only improve drainage, but also allow the property owner the option to replace the existing sidewalk with new sidewalk curb and gutter in the future,’’ the foreman wrote in his memorandum.

Next steps: the applicants will appear on the Nov. 18 city council agenda for further discussion of drainage plans and timing for required site improvements. The commission’s approval allows the applicants to proceed with permit applications and to finalize the operating agreement with staff.