P&Z: October 7th 2019

PLANNING AND ZONING COMMISSION
MEETING MINUTES
Mayfield Village
Oct 7, 2019

The Planning and Zoning Commission met in regular session on Mon, Oct 7, 2019 at 6:30 p.m. at the Mayfield Village Civic Center, Civic Hall. Chairman Syracuse presided. 

Roll Call

Present: Mr. Vetus Syracuse (Chairman), Dr. Sue McGrath (Chairman Pro Tem), Mr. Allen Meyers (Council Rep), Mr. Jim Farmer, Mr. Paul Fikaris, Mr. Jim Kless, Mayor Bodnar, Mr. Joseph Saponaro (Council Alternate)

Also Present: Ms. Kathryn Weber (Law Department), Mr. John Marquart (Economic Development Manager), Mr. Tom Cappello (Village Engineer), Mr. John Marrelli (Building Commissioner), and Ms. Deborah Garbo (Commission Secretary)

CONSIDERATION OF MEETING MINUTES: Aug 5, 2019

Mr. Farmer, seconded by Mr. Kless made a motion to approve the Minutes of Aug 5, 2019 as written.

ROLL CALL

Ayes: All                   
Nays: None         

Motion Carried. Minutes Approved.

PROPOSALS:

  1. Rezoning; Single Family Residential to “Office Laboratory District”
    Development Agreement
    Dr. Yoram Moyal - University Hospitals - 730 SOM Ctr Rd.
    PP # 831-15-003
    MELD Architects, Inc
    Council 1st Reading 8/19/19 ** Council 2nd Reading 9/23/19
  2. Rezoning; Single Family Residential to “Small Office”
    Mayfield City School District
    Old School House Building - 784 SOM Ctr Rd
    PP # 831-15-014
    ThenDesign Architecture
    Council 1st Reading 8/19/19 ** Council 2nd Reading 9/23/19
  3. Tree Clearing & SWPP Plan
    Skoda ConstructionSkoda Construction
    Highland Rd. Planned Residential Development District
    Polaris Engineering

OPEN PORTION:

Chairman Syracuse states, this is a regular meeting of the Mayfield Village Planning & Zoning Commission, Oct 7th, 2019. We have three proposals before us tonight. We’ll begin with the first proposal.

Rezoning
Single Family Residential to “Office Laboratory District”

Development Agreement
Dr. Yoram Moyal - University Hospitals - 730 SOM Ctr Rd.

Chairman Syracuse said, tonight we would be voting on whether or not to recommend to Council that this item be placed on the March ballot for the electorate to decide whether to approve this rezoning. Katie, do you have an update for us for the Development Agreement that we discussed at the workshop?

Ms. Weber replied, yes absolutely. The Administration as well as the applicants have come to an agreement in terms of the Development Agreement, to be able to be presented to both this committee as well as Council. I do have drafts of that agreement that I could share with the members to be able to review it and be discussed further.

Chairman Syracuse said, I think we should make the vote conditional upon the Development Agreement. As far as that approval goes, this commission has to approve that, would that be a vote at our next regular meeting?

Ms. Weber replied, right.

Chairman Syracuse said, or we could table tonight until the next meeting until we review the agreement, it’s up to the members.

Mr. Kless said, I like the idea of voting tonight conditioned upon the Development Agreement terms.

Chairman Syracuse asked, is there anyone who would like to add anything since our workshop?

Dennis Nevar with Kenneth Fisher, LPA introduced himself. Katie is correct, we’ve agreed to the terms of the Development Agreement subject to this Village’s approval. We request that formal action be taken tonight recommending the approval for the rezoning legislation. Thank you.

Mr. Meyers asked, do we have a timeline?

Dennis Nevar replied, I believe it’s 90 days prior to the March 17th, 2020 primary election that the legislation needs to be certified to the County Board of Elections. Another month is really cutting it close.

Chairman Syracuse asked, when is Council’s final vote and the Public Hearing?

Ms. Weber replied, per our Charter requirements, the Village needs to certify 60 days prior to the election. Of course the Board of Elections always appreciates it coming in earlier than that, but the Village is only required to get it in 60 days prior to that. We’ve tentatively gone ahead and scheduled a Public Meeting for this rezoning on Nov 18th. There’s a requirement that a 30 day notice is to be provided prior to that meeting. We have time now in order to do that. This committee can vote to approve and recommend the rezoning to Council subject to the approval of the Development Agreement, to keep that moving. That’ll allow this Commission time to approve and recommend the Development Agreement.

Mr. Marrelli said, could I suggest that you go over the highlights of the Development Agreement. Maybe the Planning Commission will feel more comfortable if you touch on the principal parts.

Ms. Weber handed out copies of the draft Development Agreement to the members. I’m going to direct you to Section (5) which are the key development terms and conditions that this Commission would be most concerned with;

  1. Except where specified otherwise in this Agreement and subject to the approval of Council, Developer shall comply with the development regulations in the Office-Laboratory Zoning District, as detailed in Codified Ordinance Chapter 1173.
  2. The Surgery Center shall not be greater than 1-1/2 stories (30 ft) in height and shall have a maximum square footage of 12,000 sq. ft.
  3. The Developer shall use its best efforts to design the Development to create a campus-like site plan that features architecture that is in harmony with the existing Georgian Medical Building. Developer shall submit a detailed parking plan that only includes parking in the rear of the Development and provides for no additional curb cuts on SOM Ctr Rd. Developer shall also submit a detailed landscape plan.
  4. In the event the Village Engineer deems the Development to have caused traffic congestion on SOM Ctr Rd, which determination shall be made within 12 months after issuance of a Certificate of Occupancy for the Development, Developer shall be responsible for the costs associated with having a traffic study completed and completing any improvements recommended by the study, including but not limited to, signalization and additional lanes in front of the Development.
  5. In the event the Development creates a need for any additional infrastructure improvements determined in the Village’s sole discretion, which determination shall be made within 12 months after issuance of a Certificate of Occupancy for the Development, Developer shall be responsible for any and all costs associated with said infrastructure improvements.
  6. Developer shall further comply with all other applicable laws, rules, regulations, codes and ordinances relative to the approval of the Development and construction thereof.
  7. The Surgery Center shall be operated as an out-patient surgery center in accordance with all applicable zoning requirements. Developer shall use its best effort to affiliate the Surgery Center with one of the major accredited medical institutions operating medical facilities in northeast Ohio, subject to the approval by the Village.
  8. The Medical Offices shall be operated in accordance with all applicable zoning requirements.
  9. Except for the event of an emergency, the Surgery Center shall be limited to operating between the hours of 6:00am and 7:00pm (the “Operating Hours”), Monday through Friday in order to reduce noise and disturbance to the neighboring residential properties.
    Chairman Syracuse notes, this means there will not be any overnight patients.
  10. All non-emergency ambulance service shall be performed by a private provider. Developer shall provide, to the Village’s satisfaction, sufficient evidence of its agreement with a private ambulance service.

Chairman Syracuse thanked Katie. I think that’s everything that we were looking for at the workshop meeting as far as what the conditions were. I would be comfortable if the Commission feels the same, to take a vote tonight and not have to come back. But I still would make the vote conditioned on this Development Agreement being entered into between Mayfield Village and the applicant.

Chairman Syracuse asked, is there any other discussion? There was none.

Chairman Syracuse states, at this time I’d like to entertain a motion to recommend to Council that this item be placed on the March ballot for the electorate to decide whether to approve the rezoning, subject to this Development Agreement being entered into between the applicant and the Village on the terms, or similar terms before us.

DECISION:

Dr. McGrath, seconded by Mr. Farmer made a motion to recommend to Council that this item be placed on the March ballot for the electorate to decide whether to approve the rezoning, subject to this Development Agreement being entered into between the applicant and the Village.

ROLL CALL

Ayes: Mr. Syracuse, Dr. McGrath, Mr. Meyers, Mr. Farmer, Mr. Fikaris, Mr. Kless
Nays: None 

Abstain: Mayor Bodnar                                 

Motion Carried. Recommendation to Council.

********************************************************************************************

Rezoning
Single Family Residential to “Small Office”
Mayfield City School District
Old School House Building - 784 SOM Ctr Rd

Chairman Syracuse said, the second item on the agenda tonight is the rezoning from single family residential to “small office” for Mayfield City School District, Old School House Building at 784 SOM Ctr Rd PP #831-15-014. Again, our vote tonight is the same as the first proposal, which is whether or not to recommend to Council that this item be placed on the March ballot for the electorate to decide whether to approve this rezoning. I don’t know if there’s anyone here tonight from the workshop meeting. If not, I’d like to entertain a motion.

DECISION:

Dr. McGrath, seconded by Mr. Farmer made a motion to recommend to Council that this item be placed on the March ballot for the electorate to decide whether to approve this rezoning.

ROLL CALL

Ayes: Mr. Syracuse, Dr. McGrath, Mr. Meyers, Mr. Farmer, Mr. Fikaris, Mr. Kless
Nays: None
Abstain: Mayor Bodnar                                 

Motion Carried. Recommendation to Council.

********************************************************************************************

Tree Clearing & SWPP Plan
Skoda Construction
345 Miner Rd., LLC
Highland Rd.
PRDD

Chairman Syracuse said, the third and last item on our agenda is the tree clearing & SWPP plan for Skoda Construction for the Highland Rd Planned Residential Development District. We already approved the preliminary site plan. Our vote tonight would be on whether to approve the tree clearing plan as submitted as we discussed at the workshop meeting. Our approval will be conditioned on the Board of Appeals approving the variances that are required. Does anyone have anything to add since what we discussed at the workshop?

Mr. Meyers asked, does the Village have to change the ordinance to get a variance for tree clearing before-

Mr. Marrelli replied, no. We’re looking at getting the language cleaned up so that it’s clear that developments are treated differently than single family homes. This won’t require a change in the ordinance, this is a technicality that they have to go through to move forward.

DECISION:

Mr. Farmer, seconded by Mr. Kless made a motion to approve the Tree Clearing and SWPP Plan as submitted, conditioned upon the Board of Appeals granting a variance as required.

ROLL CALL

Ayes: Mr. Syracuse, Dr. McGrath, Mr. Meyers, Mr. Farmer, Mr. Fikaris, Mr. Kless
Nays: None
Abstain: Mayor Bodnar                                 

Motion Carried. Recommendation to Council.

ADJOURNMENT:

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

ROLL CALL

Ayes: All  
Nays: None              

Motion Carried. Meeting adjourned at 6:45 p.m.