PZ - July 21st 2016

Planning & Zoning Commission
Workshop Meeting Minutes
Mayfield Village
July 21, 2016

The Planning and Zoning Commission met in workshop session on Thurs, July 21, 2016 at 7:30 p.m. at the Mayfield Village Civic Center, Main Conference Room for a meeting of the Planning and Zoning Commission. Chairman Syracuse presided.

ROLL CALL

Present: Mr. Vetus Syracuse (Chairman), Dr. Sue McGrath (Chairman Pro-Tem), Mr. Bill Marquardt, Mr. Garry Regan, and Mr. Paul Fikaris

Also Present: Mr. Mark Guidetti (Law Department), Mr. Tom Cappello (Village Engineer), Mr. John Marrelli (Building Commissioner), and Ms. Deborah Garbo (Secretary)

Absent: Mr. David Hoehnen, Mayor Bodnar, and Mr. Joseph Saponaro (Council Alternate)

PROPOSAL:

  1. Rezoning; Residential Single/Family to Office/Lab
    Dr. Moyal
    Georgian Medical Arts, LLC
    730 SOM Ctr. Rd.
    TMA Architects, Inc.

OPEN PORTION:

Chairman Syracuse called the meeting to order. This is a workshop meeting of the Mayfield Village Planning & Zoning Commission. We have one item on the agenda tonight, it’s the rezoning for residential/single family to office/lab. We discussed this at our last workshop meeting. Since then, we’ve received the correspondence from Fire Chief Carcioppolo and Police Chief Edelman. Debbie, please enter these into the minutes (attached).  

Mr. Guidetti states, I know the Commission has discussed this at length. There was some additional information requested at the last workshop. The purpose tonight is to provide you that information.

Chairman Syracuse said, as far as procedurally, after tonight, if we’re ready to proceed to a vote, we can take a vote at our next regular meeting. Our comments and the discussion we have will go into the minutes which will then become the report for Council.

Mr. Guidetti replied, that’s correct.

Dr. Yoram Moyal states, we spoke a couple weeks ago at the June 16th workshop. Our Architect had some renderings at that meeting. The proposal is for an Assisted Living on our front parcel. We moved into Mayfield Village in 2001 and bought the building from Nacy Panzica. A Special Use Permit was granted in 2002 for Medical Use. University Hospitals joined us in 2008. We’d like to build an Assisted Living for the community residents, our patients and continue our relationship with Mayfield Village. It will increase the Village’s tax base, it’s a good service, a wholesome service, and it’s a health service. I think it’ll be good for everybody. My Attorney is not here tonight. We want to work with the Village. Whatever it is the Village requires, we’ll comply. 

Chairman Syracuse asked, anything else you’d like to add?

Tim Mulle with TMA Architects said, nothing specifically to add. We presented the proposed project as it exists at a conceptual level at the last meeting. That really has not changed since then. We’re here to respond to any questions this group might have. If you’d like me to walk you through the proposed project again, I’m happy to do that.

Mr. Guidetti said, I did speak with Ken Fisher, Dr. Moyal’s Attorney, he had a scheduling conflict tonight. The comments that you received from both the Fire Chief and Police Chief, it’s important to keep in mind that those are mostly geared towards use of the premises after the rezoning. The primary proposal here is the rezoning itself. The main thing you’re looking at is the impact of that proposed rezoning on the proposed parcel and the adjacent parcels. You’re looking at the width and depth of the lot, things of that nature.

Chairman Syracuse asked, that’ll also include drainage issues and impact of traffic as well, correct?

Mr. Guidetti replied, correct.

Mr. Regan asked, are we being asked to make a report or recommendation?

Mr. Guidetti said, at the vote meeting we’ll open discussion up, everybody can make their comments or not if they don’t have any and we’ll just take a roll call vote. There will be a motion to recommend the proposed rezoning, everybody can vote aye or nay and then if it passes it passes, if it doesn’t, it doesn’t. Those minutes will be forwarded to Council so they can see what the vote was. You’re either recommending the proposed rezoning or not. The difference being, if Planning recommends it, then it’s a simple majority of Council to approve. If Planning does not recommend it, then it’s a 2/3rd majority.

Dr. McGrath asked, if Council says no, does he have another option?

Mr. Guidetti replied, Dr. Moyal could petition to place it on the ballot.

Mr. Regan asked, the concept of the report, will you prepare two recommendations?

Mr. Guidetti replied, no. It’ll just be the discussion and then the vote and then those minutes will be provided to Council. The report and recommendation is kind of a bad term to use loosely. It’ll be the discussion that Planning has at its vote meeting and whatever the outcome of the vote is will get provided to Council so they can see the discussion.  

Mr. Regan said, at the vote meeting on Aug 1st, the motion that night will be –

Mr. Guidetti replied, motion to recommend the proposed rezoning.

Mr. Fikaris said, I have a question what Mark said about the weight of some of these issues, the issue weighs upon strictly rezoning issues instead of the use. 

Mr. Guidetti replied, not strictly, the main brunt is the rezoning.  

Mr. Fikaris said, so we’d be recommending to Council that the procedure would go forward for whatever mechanism to change zoning from residential to office lab. Then there’s still many concerns-

Mr. Marrelli said, then they have to ask for a conditional use permit, so it’s two steps. You can’t write a conditional use permit for residential property.

Chairman Syracuse corrected, I believe Mr. Fisher said it’s a “Use” Variance they’d be asking for.

Mr. Marrelli states, what you’re facing is, is a rezoning to office/lab. Take the Assisted Living off the table altogether. Once it’s rezoned office/lab, then they could put up a commercial building between those houses right on SOM.

Mr. Regan said, but we had a conversation about a Development Agreement. Could the vote be tied subject to the Development Agreement?

Mr. Guidetti replied, that could be included in discussion. The vote should simply be to recommend or not recommend.

Mr. Marrelli said, you just have to be aware of the possible potential.

Mr. Regan said, if you had a rezoning effort conditioned subject to an agreed upon Development Plan for that rezoning, then you have a conditional rezoning.

Mr. Guidetti replied, you can’t do that. Ultimately if the rezoning gets approved by Council, it goes on a ballot. You can’t place conditions on the voter’s approval. The voter’s either pass something or they don’t.

Chairman Syracuse said, we would just be voting on whether or not to change the zoning from residential single family to office/lab. They would also need to apply for a “Use” Variance to the Board of Zoning Appeals.

Mr. Regan said, I hear you. We could be presenting the voters with rezoning to office/lab but we talked about the fact that it’s basically misrepresenting what we know. I’m not suggesting it’s not public record, but how many people read the public record?

Mr. Marrelli said, you can’t put a condition on a rezoning of a property.

Mr. Regan states, it seems to me that the most upfront transparent thing to do would be to sit with these people and develop a zoning ordinance.

Mr. Guidetti said, you’re talking about a Development Agreement that pertains to the use more than the rezoning.

Mr. Regan said, you’re asking to bring in office/lab. If you’re going to do that, and I don’t mean any misconduct, but it’s not transparent. Why not go through the exercise of developing an Assisted Living Zone and then asking the voter’s to vote on that Assisted Living Zone so they know what they’re getting.

Mr. Guidetti replied, that’s something that could be imposed through the Initiative Petition process as well. Keep in mind, if the voters did approve it, it’s only rezoned to office/lab. There’s nothing about an Assisted Living Facility that’s guaranteed to happen.

Mr. Fikaris asked, and the language as such would be just that on the ballot?

Mr. Guidetti replied, right.

Dr. Moyal said, we want to work with the Village on this. If it’s a letter of guarantee from our Attorney, we’ll do that. The final intention would be an Assisted Living. The problem is, there is no zone for Assisted Living.  

Mr. Guidetti said, no doubt, they exist, Assisted Living zones. 

Tim Mulle said, it’s been done in other communities. I went through that several years ago in South Russell.

Chairman Syracuse asked, is that something you would draft or would Council come up with it for a new zone?

Mr. Guidetti replied, it could be proposed by anybody. I don’t think at this time it’s something the Administration is pushing for. Dr. Moyal could propose it through an Initiative Petition and let the voters decide if they think an Assisted Living District is proper.

Chairman Syracuse asked, would that be two separate ballot issues at that point?

Dr. McGrath asked, and that could happen concurrent?

Mr. Guidetti replied, yes.

There being no further business, the meeting adjourned at 7:45 p.m.