PZ - September 3rd 2013

Sept 3, 2013

The Planning and Zoning Commission met in regular session on Tues Sept 3, 2013 at 7:35 p.m. at the Mayfield Village Civic Center, Civic Hall. Chairman Pro Tem Regan presided.

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

Also Present: Mr. Joe Diemert (Law Director/7:38 pm), Mr. Tom Cappello (Village Engineer), Mr. Ted Esborn             (Economic Development Director), Mr. John Marrelli (Building Commissioner/7:38 pm), and Ms. Deborah Garbo (Secretary)

Absent: Mr. Jim Farmer (Chairman), Mayor Rinker, Mr. Nick Delguyd (Council Alternate), and Mr. David Hartt            (Planning Director)

Consideration of Meeting Minutes:  June 3, 2013

Dr. McGrath, seconded by Mr. Syracuse made a motion to approve the minutes of June 3, 2013.             


Ayes: Mr. Regan, Mr. Marquardt, Dr. McGrath, Mr. Fikaris, Mr. Syracuse
Nays: None                                           

Motion Carried. Minutes Approved as written.


  1. Lot Consolidation Plat: Final Site Plan
    Governor’s Village
    Randall Residence
    280 N. Commons Blvd.
  2. Lot Split & Consolidation Plat
    Lois G. Wellman Estate
    7129 Wilson Mills Rd.
    Key Bank National Assoc.
  3. Conditional Use Permit
    Playground World
    Tony Adamic, President
    600 Beta Dr. (Former Picker Bldg)



Chairman Pro Tem Regan called the meeting to order. We’re a little short of professional support tonight. If we need some interpretations, we’ll struggle through it. This is a regular voting meeting of the Planning & Zoning Commission. We have three items that we’ve discussed at great length at our workshop.

Governor’s Village
280 NCB
Consolidation Plat
Final Site Plan

Mr. Cappello said we’re in the process of completing our final review. Otherwise, everything is fine.


Mr. Fikaris, seconded by Dr. McGrath made a motion to approve the Lot Consolidation plat and Site Plan for Governor’s Village at 280 N. Commons Blvd pending Village Engineer’s review and approval.


Ayes: Mr. Regan, Mr. Marquardt, Dr. McGrath, Mr. Fikaris, Mr. Syracuse  
Nays: None                                                               

Motion Carried. Approved As Noted. Recommendation to Council.



Lois G. Wellman Estate
7129 Wilson Mills Rd.
Split & Consolidation Plat
Key Bank National Assoc.

Chairman Pro Tem Regan asked for an update.

Mr. Cappello said after our last meeting, one of the requests at the workshop was to divide the parcel into 3 parcels instead of two as the original 1988 split. We would approve the Caretakers House lot at 100’ x 350’. Applicant resubmitted. We now have three parcels; the Caretakers House parcel, the Main House parcel and the Residual parcel. They provided the easement for the Caretakers House across the larger Main House parcel. We’ve also taken care of the utilities that may crisscross, through a Declaration of Covenants. We believe this to be a good answer to our workshop. We haven’t gotten a final plan yet. It’s my recommendation that it’s fine.

Law Director Joe Diemert and Building Commissioner John Marrelli arrive at this time.

Mr. Regan asked Tom if he feels it’s o.k. to approve pending the final.

Mr. Cappello replied yes. I recommend approval contingent upon Engineer’s final plat review and any changes made.


Dr. McGrath, seconded by Mr. Syracuse made a motion to approve the Lot Split and Consolidation plat for the Lois G. Wellman Estate at 7129 Wilson Mills Rd. pending Village Engineer’s final review and approval.

Mr. Regan asked if any discussion.

Mr. Fikaris asked, out of the three parcels, they’re purchasing two; the Caretakers & the Main House parcel?

Mr. Cappello replied correct.

Mr. Regan asked, the Covenants you referred to, is that all the legal’s?

Mr. Cappello replied yes. Diane Calta and I reviewed it. Instead of having all the different easements covering the different utilities, they did a Declaration. It’s basically a legal document that gets filed. We’ll reference that on the plat. It covers any potential new owner, if they should sell the Caretakers House or visa versa, that any utilities that crisscross on either parcel goes with it.   

Mr. Diemert said the only thing not covered will be the ingress and egress on the driveway which they still have frontage for the Carriage House, so they don’t really need that. If they do separate ownership, they’ll have to work that out then between the new owners.  

Mr. Syracuse asked if there’s a rough drawing the Board can look it.

Mr. Cappello distributed Map of Lot Split for Trust B-85011C.

Dr. McGrath comments, I’m very pleased that this was worked out. After the last meeting, I was skeptical.

Mr. Regan asked, it has no bearing if the Mother-N-Law or Father-N-Law moves in and use the Carriage House as their own?

Mr. Diemert said right.

Mr. Regan said if the ownership ever gets separated, then the new owners have to create an easement.

Mr. Diemert said correct. They’ll negotiate that at the time they do separate.

Mr. Cappello said you can see on the plat a drive easement that goes across the main parcel to get to the Caretakers House. Mr. Diemert is right, they have frontage, they can put a driveway in, probably costly, not necessarily undoable, but difficult. In the meantime, they have this easement to share that driveway.

Mr. Fikaris asked, does the five acres (Parcel ‘A’) still maintain ownership with the Wellman Estate?

James Liggett with Key Bank replied we’re not sure if we’re going to continue to market it. At this point in time it will remain an undeveloped lot.


Ayes: Mr. Regan, Mr. Marquardt, Dr. McGrath, Mr. Fikaris, Mr. Syracuse  
Nays: None                                                                 

Motion Carried. Approved As Noted. Recommendation to Council.


Playground World
Tony Adamic, President
600 Beta Dr
Conditional Use Permit

Chairman Pro Tem Regan asked for an update.

Ted Esborn said there’s no update except for the follow up memo (August 29, 2013) that provided additional information following discussion at the workshop. David & I are satisfied with getting that information out there.


Mr. Marquardt, seconded by Mr. Fikaris made a motion to approve the Conditional Use Permit request for Playground World at 600 Beta Drive. 

Mr. Regan asked if the representatives have any update.

Greg West with Ostendorf-Morris Company said I’d like to stress being this might not be what the Village envisions for the property, they’re only taking 1/3 of the property. We still have an additional 63,000 square feet of the property available for lease for hopefully a manufacturer or whatever. By allowing us to lease the space to Playground World, we’re going to reposition the property in the market place, new roof, landscaping, parking lot work to hopefully make it easier to attract newer tenants for the reminder vacant space. I think this would be a win win for the Village, for the overall condition of the property and to hopefully attract other tenants for the remaining vacant space which is twice as big from what Playground World would occupy.

Bill West with Ostendorf-Morris said two things are important to this. One-third (1/3) of this area is the retail area that was referred to and 2/3 is the office and warehouse area. We did take a look in the park and there’s about 400,000 feet of vacancy in the park today which is a substantial amount. It’s really a substantial amount when you look at the number of buildings that are occupied by Preformed Line Products, Progressive, etc. It makes it very difficult for a developer to come to you with big manufacturing companies, etc. It’s just not happening today in the business world. This is more typical. I think if you were to walk through some of the spaces that are in the park today you would see a majority of those are office and warehouse type of uses. There’s very little light assembly. Almost all of it is warehouse type space. We’re asking for a little variance but we think it’s consistent with some of the other uses that are in the park. We appreciate your consideration.

Mr. Regan asked for any other comments.

There were none.

Mr. Regan said I think I speak for everyone here when I say we feel your pain. For years now it’s not been a pleasant experience driving up and down Beta. This is just a personal comment. I know that I would be flexible with your usage. We have stretched in the past. I think at our workshop we asked could certain things be done so it tries to conform. I know there’s a big issue with the amount of space these people are taking. But there are also things about their business model that makes it less conforming than it would otherwise, i.e. the playground, the parties. It’s not a children’s play area. I heard your comments about the Dance Studios. Those are indoors, they’re educational and small blocks of space. They’re not a 30,000 sq foot area. My main comment was I certainly feel your pain and I’ll speak for Ted, he’ll work with you if you have options that might take a little bit of creative thinking.


Ayes: None   
Nays: Mr. Regan, Mr. Marquardt, Dr. McGrath, Mr. Fikaris, Mr. Syracuse 

Motion Denied.


Chairman Pro Tem Regan asked if there’s anything else for Planning & Zoning tonight.


Greg West asked, can you give us some suggestions? Can Ted write us a memo on what it would take to get it approved?

Ted Esborn said just to be clear Garry, were you suggesting Playground World model without the play aspect?

Mr. Regan replied I’m speaking for myself. That was the thing I found difficult. I don’t mind the distribution. Certainly I’d like more people in there, more revenue. Again, I feel their pain. It’s been sitting out there. I bought into the suggestion if we allow them to get it started, we’ve got 2/3 of a building that we might be able to attract something that’s more beneficial to the Village. I found those retail / recreational pieces if that’s what you want to call them, not suitable for Beta. Listen, these gentlemen have pointed out, we’ve stretched things over the past to help people out and to get rid of some of those vacancy signs. Myself, I’d do it again if you worked with us on that.

Greg West said we’d like the Committee to come back to us on what it would take to get it approved.

Mr. Regan said no, you come back to us I think is the way it works.

Greg West said I don’t want to go through this again. I think you guys got to give us some constructive criticisms on what it’s going to take. Maybe the Committee gets together behind closed doors.

Ted Esborn said I don’t think the Committee could guarantee approval if the applicant said they could work without the play element of their business, but I think that’s a question that should be asked if we’re going to move forward. I’ve made the comment that if I first learned about the business and it didn’t have the play element, it would have been much closer to fitting the Conditional Use Permit Guidelines. If Playground World can do without the play element, the Commission can’t guarantee a permit, but if there’s a step to take I can only imagine that that would be the question to ask of Playground World.

Greg West said we could ask that. It’s just kind of hard to think when Lakeshore Gymnastics has kids doing gymnastics all day long every day of the week. Why can’t they have play for one hour Mon, Wed & Fri or two hours Mon, Wed & Fri?

Mr. Marrelli comments. When I first looked at this proposal there were a few red flags that went up for me. One was they wanted to put playground sets in the front yard. That’s not permitted by our code. They want to park their vehicles in the front for advertising and put signage on the back of the building towards the freeway. None of that’s allowed. We’ve stopped everybody from doing it for years. We don’t have signage along the freeway developed yet. 

Greg West said they would be interested in signage on the building similar to Mayfran. Similar to where our ‘Available’ sign is that we come in and get a variance for.

Mr. Marrelli said, with that being said, the trucks, the outdoor storage, the amount of lumber they want to put in there I think is going to be a headache for the Fire Dept. We haven’t even gotten into that yet. Right now the Conditional Uses we’ve given out have been a 10% display area and the rest has been office and manufacturing. I don’t think your guy can live with that.

Greg West said you’re right. He’d be more like 30% showroom area instead of 10%, an additional 20%.

Mr. Marrelli said we’ve already crossed a threshold into the 10% display area, now we’re going to 30%. Little by little we keep drawing the line in the sand and then walking over it into another area. I have a hard time believing you can’t find another tenant. What happened to the SKF people? That was a big manufacturing company. That’s a manufacturer that wanted to come on Beta Drive. Could you tell us what happened?

Bill West replied we couldn’t agree upon some financial terms. They were more research than manufacturing. 

Mr. Marrelli asked how many jobs.

Bill West can’t remember.

Ted Esborn said about 65.

Mr. Marrelli said Maverick Electronics is moving in on Beta Drive this week, another 65 people there manufacturing. I don’t believe that manufacturing is not available. I think it is. I hate to lock up 30,000 sq. ft with swing sets.

Greg West said I agree with you but sometimes you’ve got to take what you can get. Between the two buildings, 6660 and our building, you’ve got 300,000 ft. You’ve got at least another 100,000 - 150,000 ft. spread out between the park.

Ted Esborn said to address the question of what the applicant could do. Since the beginning, there have been the three areas where they haven’t been conforming; the distribution and retail and the recreational. You mentioned the play aspect which would cut back on the recreational I suppose. Like John said, if you shrunk the retail area, that would help. I’m not sure how the distribution could be mitigated. From the beginning, retail, distribution and recreation have been the three challenges, so if in any of those three areas, that would be the way to do it.

Greg West & Bill West thanked the Commission and left the meeting.


Chairman Pro Tem Regan asked if there’s a workshop scheduled for this month.

Ted Esborn said David Hartt is not going to be available for the Sept workshop date. The zoning code amendments we handed out at the August workshop, we’re tentatively looking at Oct to discuss those.


Mr. Fikaris, seconded by Dr. McGrath made a motion to adjourn the meeting.


Ayes: Mr. Regan, Mr. Marquardt, Dr. McGrath, Mr. Fikaris, Mr. Syracuse 
Nays: None                           

Motion Carried. Meeting adjourned at 7:55 p.m.