PZ - June 16th 2016

Planning & Zoning Commission
Workshop Meeting Minutes
Mayfield Village
June 16, 2016

The Planning and Zoning Commission met in workshop session on Thurs, June 16, 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, Mr. Paul Fikaris, and Mr. David Hoehnen

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

Absent: Mayor Bodnar, Mr. Ted Esborn (Economic Development Director), and Mr. Joseph Saponaro (Council Alternate)

PROPOSALS:

  1. Rezoning; Residential Single/Family to Office/Lab
    Assisted Living Facility
    Georgian Medical Arts, LLC
    730 SOM Ctr. Rd.
    TMA Architects, Inc.
  2. Building & Site Modifications
    Premier Development Partners
    6655 Beta Dr.
    MARS Electric Co.
    Davison Smith Certo Architects, Inc
  3. Condtional Use Permit
    Martial Arts Center
    760 Beta Dr.

OPEN PORTION:

REZONING
Residential Single/Family to Office/Lab
Assisted Living Facility
Georgian Medical Arts, LLC
730 SOM Ctr. Rd.
TMA Architects, Inc

Chairman Syracuse called the meeting to order. This is a workshop meeting of the Planning & Zoning Commission. We won’t be taking a vote tonight, that’ll occur at our next regular meeting scheduled for July 11th at 7:00 p.m. We have three proposals on the agenda. We’ll take them in order.  

Chairman asked anyone that’ll be presenting to introduce themselves.  

Dr. Yoram Moyal
730 SOM Ctr. Rd.
Mayfield Village, Ohio 44143

Tim Mulle, AIA
TMA Architects, Inc
8500 Lucerne Dr.
Chagrin Falls, Ohio 44023

Kenneth Fisher, LPA
2100 Terminal Tower
50 Public Square
Cleveland, Ohio 44113

Introduction by Dr. Moyal

Dr. Moyal thanked everyone for the opportunity to present. The proposal is to rezone our front parcel on the eastern border from residential to hopefully Assisted Living Facility. We’ve been here in the community since 2001. We bought the building from Nacy Panzica. We converted it to a medical facility in order to treat our patients here. Many of our patients are residents of this community.

In 2008 we partnered with University Hospitals, a major medical facility. We were proud to bring them into Mayfield Village. They’ve invested a lot of money into the building. We worked with the Village. We also donated part of our parcel to the Village to have a nice pathway. We are now treating here the second generation of children and grandchildren.

We have about 2.5 acres abutting ‘91’. We would like to have an Assisted Living situated in that vicinity. We then can expand and extend our care to our loved ones, our family members, and community members. A lot of our citizens are leaving the community because there’s nothing available. There’s one facility available on NCB called Altercare. We treat a number of patients, University Hospitals treat a great deal of patients. We’d like to have the facility in the community in which we work.

We attempted to do this in 2004/2005. The issue was that the zoning was not the correct zoning. Eventually we respected the will of the Village and we let it go until now. The reason it’s coming back is because we have a great deal of patients that need this sort of facility. We can provide those services to those patients. We can have the family members remain in the community and that makes things a lot easier for family members. I treat those patients on a day to day basis and I know what family members have to go through in order to care for Mom & Dad.

I’ve teamed up with Tim Mulle my Architect and Ken Fisher my Attorney. We’re trying to hopefully get this rezoned. We will work with the Village in order to have a relationship that works both for the Village, the citizens and for our health care needs. I believe any business has to work with the community in order to enhance any further. I understand this, I’ve been doing this here for 15 years. We employ many people in the community. We’re working with members of a major major health care industry in our community. Surely if things go well, University Hospitals may expand hiring people, etc. That’s an envy of every community to have such a relationship with health care, providers such as ourselves and University Hospitals. We have a very good reputation. We support our pharmacies, we support our businesses, we pay a lot of taxes and we’re proud and happy to do that.

With that being said, I appreciate your time. Thank you very much.

Rezoning Request by Kenneth Fisher, L.P.A.

Mr. Fisher explains, the request is to rezone from the Residential District to the Office-Laboratory Zoning District consistent with the existing use. We have split zoning on our two separate parcels, but again, common ownership. The portion where University Hospital Systems occupies and rents from Dr. Moyal is Office-Laboratory. The request is to rezone the front parcel to the same existing use that the University Hospital System parcel is in fact zoned.

At the request of the Planning Director and the Law Director, we submitted an actual proposal to show exactly what the use would be. As the Commission is aware, there’s referendum zoning firstly. It’ll be placed on the ballot hopefully. August 10th is the deadline for submission for this coming November 8th ballot. Hopefully we’ll receive a positive recommendation on July 11th and Council will let the voters decide on this issue. The Charter requires approval for the proposed use itself. Mark and I have had several conversations over the last year on this with Mayor Rinker. Assisted Living is not a permitted use.

What we envision happening if placed on the ballot November 8th is an affirmative vote. Then we would come back and request a conditional use which Council can approve based on the Village Charter amendment passed last November. That would be the process.

My point in going through the procedures is there’d be lots of scrutiny by the Village Officials, Planning Commission, the Building Commissioner, the Planning Director and Village Council to get the best possible project on this site, respectfully, and suggest that it’s not a single family residential site. I see single family homes the Village developed through court order. I understand there are some single family homes on ‘91’ to the north. In today’s market, you’re not going to find really any interest in my judgement in the single family residential development on this front parcel next to Fisher’s Tavern and the University Hospital medical building to the rear. We think it’s a good use, an appropriate use, consistent with SOM land use practices and the Village Master Plan. We think there’s a need for it too.

Again, the process would be multi-layer. Assuming that we get a positive recommendation from Planning Commission and Council would have to agree to put it on the ballot, the electorate would have to pass it on November 8th. Even if it’s passed, we still have to get a conditional use approval from Village Council as well as submit plans, drawings and deal with all the issues such as traffic, drainage. This is just the beginning hopefully of what will turn out to be a win-win for everybody.

I’d just like to point out the original plan in 2004 was 3 stories, the new plan is 2 stories. The total units in 2004 were 80, now it’s 52. Total square footage in 2004 was 75,000 sq. ft., now it’s 45,000 sq. ft, potentially less. The changes we think are positive, and hopefully will be looked upon favorably by the Village. Thank you.

Site Plan Presentation by Tim Mulle, Architect

Mr. Mulle begins site plan overview. This plan represents the entire parcel as it exists with the existing medical office building here, the existing surface parking lot surrounding it, that’s pushed to the rear of the property. Fisher’s is located here. The front parcel we’re discussing is this section right here. For those who’ve seen the original proposal in 2004 that’s been referenced, the position of the proposed building is roughly the same as it was. The existing driveway here that comes from SOM right through the center of this front section, the proposal is to have that remain. We’re trying to work with the space that’s available created by property line, driveway, street and the existing building to the rear.

There’s a gas well on the property which was not there 12 years ago, located here on the plan. Given the State of Ohio requirement for the proposed building to be a minimum of 100’ away from the gas well, that’s been an important component in how we’ve sited the building, so we maintain that minimum distance. This is drawn at 112’ away. The footprint of the building is a u-shape with 2 floors proposed.

  • Landbanked Parking

Mr. Marrelli interrupts. There’s supposed to be landbanked parking for that medical facility and I don’t see it on your map. When you got a conditional use permit to change from professional office to medical, you had to put that in.

Dr. Moyal replied, we did, showing the landbanked parking area. We’ve never had 100% use of the parking lot. The building is 100% occupied right now and we may be at best 75% parking.

Mr. Marrelli states, o.k. but you cannot take that off the plan.

Dr. Moyal replied, it won’t be taken off.

  • Driveway Easement

Mr. Marrelli asked, the driveway would then be an easement because it’s passing through one property to the other?

Mr. Fisher replied, a permanent easement, reciprocal parking.

  • Fire Dept Access

Mr. Marrelli asked, how are you planning on fire-fighting access on that south side?

Mr. Mulle replied, we have access coming in from this side.

Mr. Marrelli asked, what happens if somebody is on the 2nd floor south side?

Mr. Cappello replied, they don’t show it here, but the drive for our ODOT garage is right there on the south.

Mr. Marrelli states for the record, the Fire Dept hasn’t looked at this plan yet. We’re just in the concept discussion.

Mr. Cappello said, there’ll be issues regarding stormwater and detention.

Mr. Mulle agreed. There are a lot of things that need to be worked on, researched & refined in terms of developing this. Right now what we’re presenting is a conceptual level plan about how to creatively use the property.

Mr. Fisher states, this will be a conditional use. The use doesn’t exist anywhere in the code. We’d have to go back through the conditional use process separate from all the scrutiny that plans and drawings would get from Planning Commissioner. There’re several facets to this. We’re just looking to get the chance to go on the ballot.

Mr. Marrelli said, I just want to make sure the plans are accurate if you’re going to start to show them around town to try and get votes.

Mr. Marquardt asked about the 100’ required distance from the well.

Mr. Mulle replied, right now it scales at 112’, slightly more than the minimum 100’ requirement. That’s what starts to drive the location of the building on this plan.

  • Front Setback

Mr. Marrelli asked, what’s your front setback?

Mr. Mulle replied, we did not bring in a Civil Engineering firm at this point to start getting into those levels of detail. Right now it’s shown at 40 feet.

Mr. Marrelli asked, if I’m standing on the sidewalk, there’s 40’ between me and where the building starts?

Mr. Mulle replied, yes.  

Mr. Marrelli asked, and it goes up 2 ½ stories?

Mr. Mulle replied, 2 stories.

Mr. Marrelli asked, flat top roof?

Mr. Mulle replied, no. Would you like me to jump to the elevations?

  • Elevations

Mr. Mulle continues. We’re trying to keep a little bit more residential character and also be respectful to the existing building, Georgian Style.

Walking through conceptual plans; two stories with a sloped roof, a hip roof style. Exterior materials of brick and siding mixed together with shingled roof. The front elevation of the building faces the driveway, faces north. Front entrance, you’d be coming off the driveway with a circle drive, with drop off in front. The south elevation is very similar to this side, combination of brick and siding using some 3-dimensional in and out with some projections. The suites all have bay windows that project out. We’ll use reverse gables to break up that façade.

We’re at such an early level, lots of refinement would come down the road. This main element of the front entrance would project through to the back. You enter the building from the north. There’s a bit of a courtyard and a driveway that comes in with a drop off.

Mr. Marrelli asked, you have a drop off and then they have to go back around the building to park?

Mr. Mulle replied, yes. There’s parking on either side and over here. No entry on the west end. Typically with a facility like this, you want to control access in the building to one location. This type of facility doesn’t have high activity to visitors. Parking requirement is very low, activity level is low.

Mr. Marrelli said, we don’t have a parking requirement. You’re going to tell us what it is.

Mr. Mulle said, in similar facilities, the parking requirement is very low, obviously the people that live here don’t tend to have cars.  

Mr. Mulle said, we’re trying to keep the height down. This building is much smaller in scale to the one in the back.

Proposed building area; courtyard, front entrance with common space, greeting area, staff offices, meeting rooms, restrooms. All the general kind of spaces to support visitors and general activity. Dining room in this location. I did not include a basement level plan. We’re suggesting a partial basement under this portion of the building for support services and laundry. We have an elevator. Each wing would be devoted to apartments, both studio and one bedroom apartments. They’re all individual units with their own restrooms. They could potentially have small kitchenette facilities depending upon the program for the facility and type of clientele and services that are provided. One bedroom unit is larger. Same footprint on second floor. Elevator comes up here, large lounge area, common gathering space and the wings have residential units. You can see the bay windows that occur in each of the units that create the gable profile.

  • Level of Care
  • Ownership
  • Employees

Mr. Marrelli asked, what’s the level of care the tenant’s will require?  

Mr. Mulle replied, that is to be determined. It might be more independent living versus assisted living. We’re not talking about a skilled nursing or dementia care program.

Mr. Marrelli asked, who will run this facility? What kind of license will they be looking for?

Dr. Moyal replied, if it’s an Assisted Care Facility, it will require a license, there’s a set of requirements put out by the State. The State will come and inspect the facility, versus an Independent Living Facility that anybody could rent.

Mr. Regan said, so there’s a definition out there. When it’s promoted/presented as an Assisted Living, people will know?

Dr. Moyal replied, yes. Assisted Living are people primarily in a state of their life where they cannot care for themselves independently. They are independent living, but they cannot care for themselves independently. What does that mean? They may need physical therapy, assistance with medication, assistance with bathing, cooking, feeding & healthcare. The medical facility is right next to the Assisted Living so we can go back and forth. We can have patients come in, take care of them and send them right back to the Assisted Living. It’s very convenient for the residents, very beneficial health wise.

Mr. Marrelli asked, who will own this building?

Dr. Moyal replied, probably myself. You know my partner Dr. Petroff. It would be the two of us.

Mr. Marrelli asked, who will run it? Will you hire somebody?

Dr. Moyal replied, absolutely. I don’t have time to do this. This has to be run professionally.

Mr. Marrelli asked, do you know how many people will be required for those many rooms?

Dr. Moyal replied, you need a Registered Nurse per floor. There’s update requirements from day to day. You need an LPN and Assistants, people to cook, wash & clean.  

Mr. Marrelli asked, 10 people maybe?

Dr. Moyal replied, probably 12 – 15. You have to have a cook, people to clean, etc.

Mr. Marrelli asked, you’re not going to have kitchens in these suites, are you?

Dr. Moyal replied, no. No gas.

Mr. Mulle said, there’ll be a central kitchen. They might in their suite have a sink, and perhaps a little refrigerator for snacks.

Mr. Marrelli states, I’m just trying to get it clear in my head what level of care we’re looking at and how capable these people are of taking care of themselves versus some of the levels where everything has to be done for them.

Mr. Mulle said, that’s where you start getting into Skilled Nursing Care.

Mr. Marrelli summarizes, Dr. Moyal would own it, somebody else will run it and we’re not sure what the level of care is yet.

Dr. Moyal said, it certainly will not be a Skilled Nursing Facility.

Mr. Marrelli asked, Medicaid, Medicare?

Dr. Moyal replied, no. It’s private pay. 

Mr. Fikaris asked, is that a true 2 story with a roof of that nature?

Mr. Marrelli replied, that’s what we call 2 ½ stories.

Mr. Mulle said, it would be a frame building, either steel or wood framing, depending on cost.

  • Rezoning Process

Mr. Regan said, what we heard is the process of getting it rezoned to office/lab then coming back for a conditional use permit. Only because we don’t have an Assisted Living Zone, if there was more time, we would go through the process of presenting the idea of an Assisted Living Zoning?

Mr. Guidetti replied, that’s something that the Administration briefly took a look at and decided to allow Dr. Moyal to go ahead and propose this rezoning and then if we get to that point, we can look at it again.

Mr. Regan said, it would have to be clear to the voters what they’re voting for or against. They’re not voting for an office/lab on this site, they’re voting for an Assisted Living. I want to make sure that the people who are making the decision understand what they’re getting. The other thing, when we get the people to do this, do they open up the entire ‘91’ corridor?

Mr. Guidetti replied, they’d have to go through the same thing. That doesn’t mean that’s not going to encourage people to ask for it. That’s certainly a possibility.

Mr. Fisher said, there’s no economically viable use for the property as presently zoned single family presidential. It cannot be developed. That’s a legal issue. We’re not here to get into legal arguments. The question is, what should the zoning be? We’re respectfully suggesting office/laboratory consistent with the adjoining use. That makes sense and that’s what’s going in front of the voters. We’re here hand in hand to make a presentation as to what our intentions are. As John has pointed out, there’s a process here, we would have to go through that process in order to be able to do what the Doctor’s dream is, to build an Assisted Living on his property.  

Mr. Marrelli said, if the public based on this concept of Assisted Living, and the order to have that changed to office/lab and for some reason you guys fell out, then there’s no Assisted Living. You could put an office building up by that street because it’ll be office/lab. Things change, once that gets rezoned to office/lab you could do anything that falls in the office/lab category.

Mr. Fisher said, that’s correct. We’re willing to sign a Development Agreement. Again, we are here with very sincere intention. This is following the process, you have referendum zoning. We want to work cooperatively. We’ll meet all your requests. My point is as an Attorney on behalf of the Doctor, the property cannot be economically viably developed as residential single family. The question is what should it be zoned to? We’re suggesting in concert with the Village Planners, Professionals and Lawyers, that the office/laboratory is an appropriate use.

  • “Use” Variance

Dr. McGrath states, I don’t know if this is the time or place, but my concern is if it goes to the voters, all they see in writing is that it’s being rezoned to office/lab. Then it’s back on us to make the decision about a conditional use. I have no complaints about what you’re proposing. I’m not saying that this is a bad use.

Mr. Fisher said, that’s the Charter change. It used to be that ‘Use’ Variances had to go to the voters. The Electors in the Village decided that with the exception of the Residential Use District that Planning and Council would have that jurisdiction. That’s what the people decided.

Chairman Syracuse asked, are you suggesting that you would be requesting a “Use” Variance that would run with the land?

Mr. Fisher replied, yes, absolutely. It would run with the land.

Chairman Syracuse states, that would go in front of the Board of Zoning Appeals.

Dr. Moyal said, we’ll work with the Village. This is the process we have to go through. It’s not a process with chose. We’ll walk in any way that the Village will allow us to walk.

Mr. Fisher recites for the record, AN AMENDMENT TO ARTICLE V, Section 12(A); “The BZA shall have the authority to grant “Use” variances in non-residential districts”. I did say “Conditional Use” earlier, and I apologize. The request will be for a “Use” Variance as amended this past November that creates this jurisdiction.

Dr. Moyal states, we want to work with the Village.

Mr. Fisher said, I’m very familiar with Mr. Guidetti’s office and his partners. They’ll do a very good job in making sure there’s a Development Agreement. We want to make it understood that this is what we’re going to do and we’re willing to commit to that as part of this process at this point.

Chairman Syracuse asked Mark, if it were approved and went to the voters under the condition there’d be a Development Agreement in place and it passed, now it becomes rezoned to office/lab. What would happen?

Mr. Fisher said, we’re not going to change our mind. If Dr. Moyal decided to sell his property, it’ll run with the land. We’d go through with the process. We’d come forward in front of the Board of Zoning Appeals with plans, Planning Commission, Engineers and Council. We want there to be as much protection as Village Officials feel you need.

Mr. Fikaris asked, is there any consideration of this north parcel, or is that Phase II?

Dr. Moyal replied, no more phases. This is it.

Mr. Marrelli states, you have the concept now, a pretty good overview of what’s being planned.

Mr. Fisher states, we need your support on July 11th. We hope we get your vote. If there’s any questions in the interim, I’d be happy to respond.

Chairman Syracuse thanked the applicants for their time. Applicants leave at this time.

NOTE:

On Mon, June 20th, Council approved a motion to extend Planning and Zoning Commission Report and Recommendation on 730 SOM Center Road for an additional 60 days.

Building & Site Modifications
Premier Development Partners
MARS Electric Co.
6655 Beta Dr.
Davison Smith Certo Architects, Inc

Jeff Certo with Davison Smith Certo Architects introduced himself. We’re back. We were here in February to seek approval. At the formal meeting, we were approved. Since then the plans of the building have changed. The main issue is the offices moved from what was on the east side to the north. On the previous plan, we had docks on the north side & east side. Now we consolidated all docks in one area. Four (4) docks exist there today. We’re adding (4) new docks and one drive-in door just south east. The customer pickup area, the one adjacent to the offices moved down to this corner. Now there are three existing overhead doors, two will be filled with glass. We modified the north elevation of this building to provide glass to the office space to get some light into that space, also created a small patio for office use at this end.

The parking for QED now comes up to this point. Before we were sharing and crossing over each other. We consolidated two parking areas. There will be a fence enclosure around all of MARS’ parking area for security. They want security for their dock area. They’ll have some temporary outdoor storage back in this portion of the building. The plan is to still maintain the 12’ high fence for the storage area with privacy slats. The rest of this we’re proposing an open chain link fence.

Mr. Marrelli asked, will the fence gate be locked at the end of the day?

Mr. Certo replied, yes.

Mr. Marrelli asked, will you provide some kind of a lockbox, some mechanism for the Fire Dept to get in there?

Mr. Certo replied, yes.

Mr. Marrelli asked, the fence, will the height be just 12’ in the storage area or around the whole property?

Mr. Certo replied, right now we’re calling 10’ for the security area and 12’ for the storage.

Mr. Marrelli said, you’ll need a variance for that height. Those privacy angled vinyl slats will be 10’ high and coming down Beta looking back, you’ll see the fence.  

Mr. Certo replied, you won’t see anything from Beta.

Mr. Regan asked, you’re not developing the back area as parking area?

Mr. Certo replied yes, that’s all new pavement, that’s where the clearing is.

Mr. Regan asked, you’re putting a fence on the east side?

Mr. Certo replied, yes, 10’ high.

Mr. Regan asked, you’re going to have a 10’ high fence against the Greenway Trail?

Mr. Marrelli replied, correct.

Mr. Certo said, they park trucks here at night and they’re concerned about security. 

Mr. Regan asked, can you give some consideration to that? That’s very important Village green space. Could you move your fence back?

Mr. Marrelli said, we’re imaging the aesthetics. People are coming in & out of their properties, maneuvering down the trail and all of a sudden you’re against a 10’ high fence. It physically doesn’t fit.

Mr. Certo states, we’ll go back to the owners.

Mr. Marrelli said, see if you could box in their truck corral and their storage, two fences. Then you won’t need a gate going this way, you could have it going across the truck aisle.

Mr. Cappello said, can’t do. There are no gates that long, 100’.

Mr. Marrelli states, just so you understand, the Greenway Trail is one of our diamonds here.

Chairman Syracuse suggests going back to the owners and getting a revision back to John.

Mr. Certo said, we’ll get something back to you next week.

Mr. Cappello said, site wise it looks fine. We want to secure that storm sewer easement. The 10’ high fence is a concern. We need to get this easement in place. I don’t want to hold them up, but we need some agreement that we’re going to get an easement through here for our system. Do we have to approve the fence as shown?

Mr. Marrelli replied, we don’t have to approve a 10’ high fence at all.

Mr. Cappello said, there’s a portion of the easement that I’d like an agreement for temporary work along that drive. We’ll work with Spencer at Premier.

Mr. Marrelli states, everything else seems fine, you have your loading docks, office & warehouse areas. The driveway for the employees, what happens when they follow a semi down the driveway and the guy has to stop and try to back up? There’s no bail out area, you’re stuck.

Mr. Certo demonstrates traffic pattern. We’ll revise the plan to include striping.

Mr. Marrelli said, don’t forget, you have to get specific permission for this outdoor storage. It requires Planning Commission approval.

Next Step:

Jeff Certo to submit revised plans to include site modifications & fence options. Vote at Regular scheduled meeting on Mon, July 11th

Ararat Martial Arts
760 Beta Dr.
Conditional Use Permit

Chairman Syracuse said, everyone received this proposal tonight.

Cynthia Haymer with Royal Cheer Athletics at 760 Beta Dr. introduced herself. I apologize we didn’t submit for a conditional use permit, we didn’t know we needed it. The way we interpreted it was the Martial Arts was recreational, within our normal business hours, on our equipment, within our space and no structural change. We still run Royal Cheer. He’s just on our dead mats in the one space, on the side of the cheer floor. He actually had a family member in our Cheer Program and asked if he could use our mats and space. For us obviously it helps out with our rent to have a program in there. He has a black belt. He does Judo, Jiu Jitsu & Self Defense. He has very few students right now with plans to expand. The capacity will not exceed the 200 occupancy load. He’s within our existing footprint.

Mr. Marrelli said, but you have two businesses now. You were only approved for one. Does he work for you?

Mrs. Haymer replied, he has his own LLC. He doesn’t work for me but we could set it up that way if necessary. I just let him do his own thing because I didn’t know anything about Martial Arts. If we need to run it through Royal Cheer, we can.

Chairman Syracuse said, if I remember correctly, the Cheer Program is a club.

Mrs. Haymer replied, they pay monthly dues which covers competition and championship fees.

Chairman Syracuse asked, will this be a Martial Arts Center open to the public?

Mrs. Haymer replied, they’d have to pay the fee just like the cheerleaders do. They’d pay the fee to him. I see your point now. I get it.

Mr. Marrelli said, every business that comes into town gets their own tax bill, emergency phone numbers. It doesn’t matter to me how they run it. These people have their own business and they have to register as a business. They have to pay separate taxes based on their payroll.

Chairman Syracuse asked, would there be a problem with granting a second conditional use permit for this if there are two businesses there?

Mr. Marrelli replied, no, not at all.

Mrs. Haymer asked, should I send him in to do the whole approval process?

Mr. Marrelli replied, he’s already running it. All we needed was a sanction what he’s doing. He’s using your space.

Mr. Regan said, something has to be done. When we gave the permit, it was conditioned on certain things of what the business was.

Mr. Fikaris asked, is he seeing clients in your facility now?

Mrs. Haymer replied, yes.

Mr. Marrelli states, we need to get him on the books to get him legitimized.

Chairman Syracuse asked, should we have Royal Cheer reapply for their conditional use permit based on this being part of that business?

Mr. Marrelli replied, we’re talking about amending their conditional use permit to allow this sub business with the same conditions, same hours and everything else.

Mr. Regan asked, doesn’t she have to confirm whether she wants a separate sub-tenant or sublease rather than amend her own permit for Royal Cheer?

Mr. Guidetti replied, no.

Mr. Marrelli clarifies the process. When this Committee votes to allow or disallow this Martial Arts guy, he has to apply for an Occupancy Permit. This will cause us to come out, get his name, address, Tax I.D., etc. He’ll be part of the Village legitimately.

Next Step:

Vote at Regular scheduled meeting on Mon, July 11th.

Mr. Regan asked, how’s business?

Mrs. Haymer replied, it’s good. We went from 3 teams last year to 6 this year. We went from 40 kids to 111, that’s just cheerleaders. Tumblers is an additional 50 tumblers. It’s busy. It’s good. It’s all between 5 pm & 9 pm. The Martial Arts Program has about 16 students. I’m not at all concerned about the 200 person occupancy load. If we got over that, I would come back to you. Maybe next year that’s a conversation we need to have. Space is an issue.

ANY OTHER BUSINESS:

  • 730 SOM Rezoning to Assisted Living

Mr. Marquardt said, I have a concern about the 40’ front setback distance from the new building to SOM. Is that right?   

Mr. Cappello replied, I’ll have to go back and look. I think SOM is a 90’ setback if it wasn’t grandfathered before.

Mr. Marrelli said, here again we have no standard for this kind of use.  

Mr. Regan said, I pointed out the 100’ setback from the gas well. I would not want to be sending my aged parent there for Assisted Living and looking out at a gas well.

Mr. Marrelli said, it makes a lot of noise when it hisses.

Mr. Guidetti states, July 15th is the deadline for submitting back to Council. It’s pretty evident that we’re not going to have all the information the Commission needs to make a determination by that time. I don’t know if anybody has any objections requesting an extension. That could be done with the agreement between the Planning Commission and Council.

Chairman Syracuse said, if we need an extension, we could discuss it at the next meeting.

Mr. Guidetti said, the date for the next Council meeting is July 11th, right after your vote meeting.

Chairman Syracuse asked for the Commission’s thoughts.

Mr. Regan asked, can Tom measure and get the distance from SOM?

Dr. McGrath said, I don’t think they want to be held to anything. They just want to have a concept. 

Chairman Syracuse said, I like the idea of having a Development Agreement. We could take a vote at the next meeting based on the Development Agreement that they pursue the use variance to then create an Assisted Living facility. If they fail to do so, they take false suit to that Development Agreement. Also, I think we should have it be the owners who are presenting sell it rather than have somebody else do it. If we condition it on those two, we may be in a position to vote at the next meeting, because we’re not voting on the final plans.

Mr. Regan asked, does that mean this Development Agreement has to be in place before it goes to the voters?

Mr. Guidetti replied, yes, but this Commission wouldn’t need it in place before your recommendation.  

Mr. Cappello asked, could you put it to the voters that if it gets changed to Office-Lab that it could only be used for Assisted Living?

Chairman Syracuse asked, can the ballot language make reference to the Development Agreement?

Mr. Guidetti replied, I’m not sure the Board would allow that for ballot language. I think it’s purely going to be rezoning the parcel. That doesn’t mean you can’t also in addition to the Development Agreement request that they properly publicize their intentions.

Mr. Cappello said, there’s nothing preventing anybody from using it as Office-Lab if he should sell that parcel. 

Mr. Guidetti said, we have to look at a way to do it so it possibly gets recorded almost like a Deed Restriction/Covenant. 

Mr. Regan asked about the Board of Elections deadline.

Mr. Guidetti replied, Aug 10th deadline for local issues.

Mr. Regan asked, what’s our extension we’d be seeking?

Chairman Syracuse informed Garry that it was referred to us April 18th but we didn’t actually hear any presentation until tonight. They held this up. We have until July 15th.

Mr. Guidetti said, Council would have to agree to an extension request before July 15th.

Mr. Marrelli said, don’t forget, if everybody on this Board says they don’t think it’s a good use for the property, it’s not going to bring in any revenue, whatever, whatever. Then they could go themselves and get petitions and put it on the ballot. Then you don’t have to worry about it.

Chairman Syracuse asked, wasn’t it brought up at our last meeting that they’re actually pursuing that as well?

Mr. Guidetti replied, I think that’s their backup, to circulate petitions. They could also submit a proposal for a new “Use” District.

Mr. Marrelli states, if we say no, we don’t have a good feeling about this, they say fine we’ll go get 10% of the registered voters that voted in the last Election and we’ll tell them we want to rezone this to commercial Office-Lab and we want to put up this kind of building. They get the 10% and put it on the ballot. Let’s say they’re successful and get it rezoned through the referendum. They still have to come here to put up this building, now we can put conditions on it.

Mr. Guidetti said, I was referring to two separate proposals. One, they could request the rezoning to Office-Lab and they could also have a proposal for a new “Use” District.

Mr. Cappello asked what the process was when the PRDD was approved.

Mr. Marrelli replied, they came in with a boiler plate and we went back & forth with it 100 times. That went to the ballot.

Mr. Regan said, what I heard Mr. Fisher say was if you don’t work with us in one way shape or form, I’m going to sue you guys.

Mr. Marrelli asked, how do you figure that, he can’t.

Mr. Regan states, I don’t have a big problem with this as long as it’s presented fairly and as long as it doesn’t spread chaos throughout the residential zoning district.

Mr. Marrelli states, you’re going to have a 2 ½ story wall 40’ from the sidewalk on SOM. It’s going to be so big and so close to the street. You’re going to ask, is that what we did?

Mr. Hoehnen said, I don’t like the idea of converting 2 acres of grass to 2 acres of asphalt and concrete. There’s an extra burden on Police & Fire and an extra burden on our sewers as a consequence of converting 2 acres of grass to 2 acres of concrete, they’re already overburdened. We have people in this Village whose basements get flooded.

Mr. Cappello said, there’s an 18” sanitary out front, that won’t be overtaxed. The storm sewer system, the flow rate will actually be less than before. I think the main thing is the EMS and the fact that building will be right on the edge of that road.

Mr. Marrelli asked, what are we going to get out of this at the end of the day, 10 people working there?

Chairman Syracuse states, I’d like to hear comments from our Fire & Police Chief. Let’s request that and bring this up at our next workshop meeting.

Mr. Marrelli said, having the Police, Fire, Bldg Dept & Engineer comments would all come under the “Use” permit portion, not under the concept. I don’t think you want to go there.

Mr. Guidetti said, you can.

Chairman Syracuse states, I think we should have all the input we could possibly get from all the departments so that we know if this is the best thing for the Village.

Mr. Guidetti said, we have to keep in perspective that that’s down the road.

Mr. Regan states, if these folks would have come instead and said we have this Office-Lab back here and we want this 2 plus acres rezoned Office-lab because it fits with what we’re building. Then they went to the voters, conceptually that makes a lot of sense. But, they’ve come with a different plan, on top of which they’re going to rezone it Office-Lab and then convert it to a special use to something else which is confusing. They opened a can of worms by bringing this Assisted Living facility here and said take a look, what do you think of it conceptually?  

Mr. Guidetti states, this isn’t your traditional rezoning request.

Mr. Regan said, it’s convoluted because there is no district for what they want to do.

Chairman Syracuse said, some of the factors we can consider:

  • Location & Dimensions of proposed buildings.
  • Parking
  • Signage
  • Greenspace
  • Drainage issues
  • Traffic impact
  • Police & Fire Dept comments & concerns.
  • We could request additional maps, plans & other information regarding the rezoning request.

Mr. Guidetti said, the last time this came through, I believe P & Z requested traffic studies and things of that nature.

Chairman Syracuse states, I think we should request additional time and discuss this at the next workshop.

Mr. Cappello said, from a setback, when we widened SOM, if it was a 90’ setback, I have to go back and look at the code. Mrs. Murphy’s house is close to the road. Fisher’s Tavern was maybe grandfathered before they even did the zoning.

Dr. McGrath asked, how long has Dr. Moyal owned this piece of property?

Mr. Guidetti replied, 2001.

Dr. McGrath asked, what was this front parcel zoned when he bought it?

Mr. Marrelli replied, residential.

Dr. McGrath said, so he bought it knowing it was residential.

Next Step:

1) Request to extend Planning & Zoning Commission report and recommendation on 730 SOM Center Rd. for an additional 60 days.

2) Get input on concept from Police Chief & Fire Chief in how it will impact their services.

3) Discuss at next workshop meeting Thurs, July 21st.

  • Ted Esborn, Economic Development Director leaving Mayfield Village

Chairman Syracuse states, I’d like to mention that Ted Esborn’s last day as our Economic Development Director is next Thursday. He’s leaving us for Avon Lake. I wanted to have on the record that I’d like to thank Ted for his 9 years of service to Mayfield Village and it’s been a pleasure working with him. I think we all want to wish him the best of luck in his new endeavor.   

There being no further business, the meeting adjourned at 9:05 p.m.

Respectfully Submitted,

Deborah Garbo
Executive Assistant
Building Department