P&Z: September 19th 2019
Planning & Zoning Commission
Workshop Meeting Minutes
Sept 19, 2019
The Planning and Zoning Commission met in workshop session on Thurs, Sept 19, 2019 at 7:30 p.m. at the Mayfield Village Civic Center Conference Room for a meeting of the Planning and Zoning Commission. Chairman Syracuse presided.
Present: Mr. Vetus Syracuse (Chairman), Dr. Sue McGrath (Chairman Pro Tem), Mr. Allen Meyers, Mr. Jim Farmer (arrived 7:35 pm), Mr. Paul Fikaris, and Mr. Jim Kless
Also Present: Ms. Kathryn Weber (Law Department), Mr. John Marquart (Economic Development Manager), Mr. Tom Cappello (Village Engineer), Mr. John Marrelli (Building Commissioner), Mr. Joseph Saponaro (Council Alternate), and Ms. Deborah Garbo (Commission Secretary)
Absent: Mayor Bodnar
- Rezoning (Single Family Residential to Office Laboratory District)
Dr. Yoram Moyal - University Hospitals
730 SOM Ctr Rd.
PP # 831-15-003
MELD Architects, Inc
(Council 1st Read 8/19/19)
- Rezoning (Single Family Residential to Small Office)
Mayfield City School District
Old School House Building
784 SOM Ctr Rd
PP # 831-15-014
(Council 1st Read 8/19/19)
- Tree Clearing & SWPP Plan
Skoda Construction - 345 Miner Rd., LLC
Highland Rd. Planned Residential Development District
Chairman Syracuse called the meeting to order. This is a workshop meeting of the Planning & Zoning Commission which means there will be no votes taken tonight. We’ll begin with 730 SOM Ctr Rd rezoning. Whoever is here to present, please state your name and address for the record.
Dr. Yoram Moyal
730 SOM Ctr Rd
Dr. Yoram Moyal introduced himself. I’m at 730 SOM Ctr Rd, Mayfield Village, Ohio. I’ve been there for almost 20 years. We’re with University Hospitals of Cleveland. We’ve built a wonderful medical center. You’re welcome to come and visit and take a look at the center. We’ve grown, we’re at 100% leased. We’re looking to expand our services in the front of the lot which is currently zoned residential. We’re looking to have this rezoned to Office/Lab. It would be a continuation of the back lot. Our proposal is to have a surgical center. We’ve gone through many versions throughout the years. We proposed an Assisted Living Facility that fell through. We came back again for a housing development and that fell through. The surgical center would be like the Zeeba Clinic on Cedar Rd. The Zeeba Clinic is an outpatient surgical center. People come in and have a medical procedure like a colonoscopy, tonsillectomy or cataract surgery and go home the same day. It’s a needed service, there’s really not anything like this on this part of town. The closest center would be at Lyndhurst which is part of a larger medical facility. It’s a good continuation of the medical building in the back. I talked to University Hospitals, there’s a tremendous interest in the project. But we cannot go beyond that until we have the rezoning in place, then we can probably move forward with University Hospitals. At this time, it’s a proposal and I’d like to have Ed speak to the building size & scope. Thank you very much.
Jim Farmer arrived 7:35 pm.
Site Plan Presentation
by Ed Parker, MELD Architects
Ed Parker with MELD Architects, 6716 Metro Pk Dr, Mayfield Village introduced himself. Getting into the technical side of this site, the existing condition is zoned single family. What you see on the site are the red property lines and then the circles are actually setbacks from existing gas well and gas regulator. The existing entrance to the back facility is right down this center. This plan is to show you what the actual buildable site is here. Technically, as it’s zoned, it would be able to hold two single family homes. One of the odd reasons why we go this route is just that it doesn’t actually necessarily feel like the right zoning of that property being that the backyard would be existing office/laboratory. Once again, the intent of this was just to show you the buildable area.
Now we move onto what we’re actually proposing. This shows you a little bit more of your setbacks and how we would look at planning the site. There will be two buildings, one will be more office/laboratory and suites for single Doctors office space. Then the surgery center would be more east of the site and close parking. At this point, we haven’t explored everything that’s needed for the site retention, but this is generally the logistics. There’s a couple variances that would be needed. One is obviously the office/laboratory rezoning. Next would be the front yard setback. Just so you know how we determine these setbacks, the front yard setback by code says 250’ from the center of the road. The single family home setback says 60’ from the front property line, 250’ from the center of the road is about 35’ past the 60’, if that makes sense. Another way of looking at it are the neighboring properties. See this house right here, it’s about 30’ and Smokin Q’s is probably in that 10’ or 20’ range, especially with the patio. What we’re proposing on the setbacks do comply with the single family zoning. The other one is the residential setback to the neighboring property, it’s 60’ for office/laboratory. This is a drive that goes back to ODOT, Mayfield Village Service area and Al Meyers site. That’s the reason we’re proposing those variances. We think that it still fits within the zoning. When you’re driving down SOM Ctr Rd, the idea is that it would still maintain that single family feel of being 1 story, 1 ½ stories.
Ed Parker concludes, this is very early development to give you an idea of what it could look like, strictly to give you a feel of the site. This is all single story. The south building would max out at about 12,000 sq. ft. Then the north building would max at 7,000 sq. ft. All of this would be in compliance with the code.
Comments by Ken Fisher, L.P.A.
Ken Fisher, attorney for Dr. Moyal introduced himself. This property is split zoning, single family. The back portion is owned by Dr. Moyal and has been leased for a number of years to University Hospital members as a medical building, and zoned office/laboratory. This front lot is also owned by Dr. Moyal and Dr. Petroff and zoned single family. It’s the position of the property owners that there is no economically viable use of this property as two single family homes, it’s just not a single family site. That’s the initial accounts upon which we approached the Village to come up with a use that the Administration could embrace. I’m working with Katie and with Tony Coyne to come up with a development agreement, we’re close, and that development agreement will be consistent with what you’re seeing with conditions. That will be what hopefully is the subject of your recommendation to Village Council, Village Council then, assuming the Second & Third Reading passes would allow the voters on March 17th to vote. The objective is to place this proposal with very very significant conditions per Katie and Tony, on the ballot for the residents to consider. The approach here is one of cooperation, working with all the Village Officials to come up with a use that works for the property owner and works for the Village. This would be consistent with this use, office/laboratory. It would obviously create additional payroll tax dollars and benefits for the Village. Dr. Moyal referenced the Zeeba surgery center on the corner of Brainard and Cedar, owned by Dr. Guyuron. Dr. Guyuron operates it and allows surgeons to use that facility. This would be similar but again the objective would be obviously to use every effort to affiliate with a hospital system, and it only makes sense that it be the University Hospital System, who Dr. Moyal and Dr. Petroff have had a relationship with for years. They are both internists in this building and only lease to University Hospitals. We are working cooperatively and in ongoing discussions to come up with a definite development agreement. Again, we ask for your recommendation. Edward is well known in the Village as most of you are aware of. He’s active in many projects here and I think his concept really resonates. It would be consistent with the somewhat residential character of the corridor extending north.
Ed Parker said, with that comment, the offices would be 9 – 5, so after business hours, you’re not going to have high volume traffic.
Ken Fisher said, no ambulances, it’s not emergency services, this is same day surgery procedures, no overnights.
Chairman Syracuse asked, are all those conditions that you just mentioned going to all be in the development agreement?
Katie Weber replied, yes. We are currently still negotiating the development agreement. We’re very close to coming to an agreement on the terms. I do have a preliminary draft that I could share with all of you that I could pass around. I would ask that you pass it back to me so I could keep it consistent, and not having extra drafts out there. We’ve been working in order to make sure that the conditions that are put in this development agreement keep the architecture and design in line with the rest of the street in terms of not making it stand out, as well as placing conditions on the operation of it in order to not disrupt the residents that do live along the street as well.
Chairman Syracuse said, if we could get a copy of that for review before our vote meeting.
Katie Weber said yes, and at the next meeting I can walk through it with you.
Chairman Syracuse asked, does anyone have any further questions or comments?
Comments by Building Commissioner John Marrelli
Mr. Marrelli said, I need to clarify a couple of things. The University Hospitals medical building did not start out as a medical building, it started out as a professional building. As you know, it has a conditional use to provide medical services. When this proposal goes through, it won’t go through as a medical facility, it’ll go through as an office building and it’ll require a conditional use permit to allow medical. When the zoning changes, then all the setbacks for that zoning area will come into play and if the variances are needed, then we’ll address them at that point. The Georgian building behind this is operating on a conditional use permit. It was professional services, it was attorneys, realtors, but it wasn’t medical. I think we did one floor in the beginning and then Dr. Moyal came back for medical for the rest of the building because it was doing so well. The Planning Commission authorized the entire building to be medical use.
Ed Parker asked John, am I correct in saying all the medical uses in the Village are under a conditional use because we don’t have an actual “medical use” in our code?
Mr. Marrelli replied, that’s correct.
Ken Fisher said John, you had a Charter change 3 or 4 years ago to allow a “USE” variance.
Mr. Marrelli said, correct. I just want to make it clear, we’re not rezoning this medical.
Ken Fisher said, that’s a good point. That would all be part of the development agreement so that Planning Commission, Council and the voters understand what they’re voting on.
Mr. Marrelli asked, in the agreement that’s being hashed out, is it true that if it gets rezoned, it has to be this kind of facility or then the deal is off the table.
Ken Fisher replied, yes. The use is absolutely 100% committed to medical surgical.
Mr. Marrelli said, because once we rezone it to office/lab, you could put anything you want on it.
Katie Weber said, that’s part of the reason for the development agreement, for Mayfield Village to have a little bit more control over what’s going in there.
Mr. Meyers asked, will the conditional use permit only apply to the surgery center and not the office building?
Mr. Marrelli replied, they’ll both be on a conditional use permit. The other building doesn’t have to necessarily be surgical, it could be medical practice.
Mr. Fikaris asked, will we talk later as this project goes through about some of the design issues we had last time?
Mr. Marrelli replied, yes. We’re not at the design stage yet.
Chairman Syracuse states, we don’t take a vote tonight at this workshop meeting. We’ll take a vote at our next regular meeting on Mon, Oct 7th at 6:30 pm. What we’ll be voting on is whether or not to recommend to Council to put this through to go on the March ballot, where voters will vote whether or not they want to rezone.
Mr. Saponaro asked for a recap on the timeline.
Katie Weber said, Council had the 1st reading, we sent it over to P & Z so you guys can hand your report and recommendation over to Council. As we continue through the reading process, we’ll have the 2nd reading prior to the 3rd reading, there’s a 30 day timing there, then it’ll go for the 3rd reading and then it’ll be up to Council whether or not to recommend passing it, they would be passing it to recommend it be put on the ballot to have the voters vote on it-
Mr. Marrelli asked Katie to develop a timeline, schedule of events prior to P & Z’s Oct 7th voting meeting.
Mr. Saponaro brought up the fact that Planning & Zoning does have up to 90 days.
Katie Weber said, at our next meeting, I could have a timeline so everyone can see the dates.
Chairman Syracuse said, I’m assuming that everybody will be o.k. voting at the next meeting but I think we all need to see the development agreement prior to that meeting, otherwise we may have to cancel for another month.
Mayfield City School District
784 SOM Ctr Rd
Old School House
Chairman Syracuse said, the second item on our agenda tonight is the rezoning from single family residential to small office. Council had their 1st reading on this Aug 19th.
Vince Kuns with ThenDesign Architecture introduced himself. I’m here to represent the Mayfield City School District for the rezoning of the Old School House building right across the street. The goal is to get a portion of the existing lot rezoned for office use so that it could be then re-split later on.
Steve Nedlik with the Mayfield City Schools introduced himself. What we’re trying to accomplish through this exercise is to take an asset that the District no longer has use for and exchange that asset for a parcel of property at the High School, to create a new entry to the High School. By law, for that to occur, a change in zoning is required so that we could have that building transferred to the private sector. Kind of complicated, but the use change would be to a business “small office” use of the Old School House building. It is an historical building, the exterior will remain primarily as you see it. The inside will see some renovations for office use for a construction company and an architectural firm, at least at this point. They are currently on a short term lease through the District, kind of getting acclimated to this space and utilizing it. We’re looking for a recommendation from this body to Council for us to get this placed on the ballot in March for consideration by the electorate. That’s it in a nutshell of what we’re trying to accomplish. I’d be happy to answer any questions.
Mr. Meyers asked, is the building occupied right now?
Steve Nedlik replied, yes.
Mr. Saponaro asked, even with the structural issues on the second floor? Will you correct that if I’m wrong?
Steve Nedlik replied, I’d like to defer that to Chris who has been in the building now for a few months.
Chris Skoda 6317 Kenarden Dr, Highland Hts introduced himself. We are the tenant and the proposed buyer for that building. We have some residential property we’re going to exchange. As far as the condition of the building, at one point there was some structural issues from some very heavy palettes that were in there. And the way the building was built 100 years ago, it didn’t have the different supports it needed. We addressed a few issues, if anybody wants to walk in, it’s completely sturdy now. There’re some renovations we want to do, put a slate type roof on the building instead of the asphalt shingles, that and something with windows. That’s really it for the exterior. MELD Architects is in that building now on the first floor and we’re on the second floor.
Mr. Saponaro asked, how many tenants are we talking about?
Chris Skoda replied, two. We’re very low volume, they have two people and we have two.
- Parking & Variances
Mr. Saponaro said, people have spoken to me with concern about the school and the traffic, kids going in and out and all of that. I know they’re trying to move parking from one part of the building to another part of the building to help alleviate car traffic. Do you have any reports on that?
Steve Nedlik replied, there hasn’t been any impact that we’ve seen. Bus traffic doesn’t come around that area behind the Old School House. We’ve designated a few spaces for their tenant’s use, our staff doesn’t park there. It’s certainly not a burden on parking for our staff. At least to this point, we haven’t encountered anything negative from a traffic standpoint.
Mr. Marrelli said, you’re probably aware that the office building is on residential property. Because it’s coming out of the schools ownership, it has to be rezoned to be used as an office building. So we have to rezone that property so they could sell it. Right now it’s an office building in a residential district, which is o.k. if you’re a school or a cemetery or some other public use. But it will no longer be a public use, it’ll be private.
Mr. Meyers asked, if and when the zoning changes and they change the plot where this building is, and they have overflow, where are you going to put them?
Mr. Marrelli replied, we have cross easements between us and the school.
Mr. Meyers asked, who says you’re not going to park on residential property?
Mr. Marrelli replied, it won’t be residential property anymore.
Mr. Meyers said, the school is still residential property, so how does that work? Once you draw that line, with the zoning changes, and they park at the school, it’s a private entity, parking on residential.
Mr. Marrelli replied, following that thought process, then nobody could park over there because it’s residential. The school will have an easement with the office building if they needed to park there, they could park there. If we need to park there, we could park there. We’re going to share everything.
Mr. Saponaro said, they could park at the community room.
Mr. Marrelli said, they could park anywhere they want. The zoning change doesn’t affect the parking.
Chris Skoda said, we’re not like an office building or a doctor’s office where people will be coming in all day, it’s not like that.
Mr. Marrelli said, there’re going to be a number of variances required because of the size of this parcel. Zooming in on the site map, you see the proposed lot lines, they’re almost hovering around the building on the sides. The front setback, the side setbacks, the rear setback, the area of the lot, none of that will meet the zoning code for an office building. Even though we’re looking at “small office” building or “one-story” office verses office/lab which is a little less restrictive, it’s still going to need a handful of variances. With that said, because it’s an historic building and because we don’t want to see it empty, I don’t see any harm in having the variances granted so we can maintain the office use that’s been in there probably for 50 years since it ceased to be an elementary school.
Chairman Syracuse states, this is going to be something we can vote on at our next regular meeting on Mon, Oct 7th at 6:30 pm. Again, we’d be making the same sort of recommendation as our first proposal, voting on whether or not to recommend to Council to put this through to go on the March ballot, where voters will vote whether or not they want to rezone.
Dr. McGrath said, we’re stuck between a rock and a hard place. We’ve got this historic building that everybody wants to preserve as an historic building, but who is going to pay for an empty building sitting there doing nothing? We have to make it viable in some way, we want it to be an asset.
Mr. Kless agreed. It’s part of the community. This is a win-win from that perspective.
Dr. McGrath said, and when I hear about the parking issues, I think the people that will suffer, are the people in that office building that have to deal with the parent pickups & drop offs.
Chris Skoda said, we have more than enough parking for us, there’s just the four of us.
Dr. McGrath said, I’m hoping for a win-win.
Highland Rd Subdivision
Tree Clearing & SWPP Plan
Chairman Syracuse said, our last item on the agenda tonight is a tree clearing plan for Highland Road Planned Residential Development District.
Chris Skoda said, we’re still working through the subdivision and lot sizes and water retention. In the meantime, we’re seeking to get approval to at least clear for the roadways for utility work. The only reason we’re going through this now is if this gets into Nov & Dec, it’ll be wet, turn into a mud puddle, it’ll be a mess and make the process hard. Pointing out on the site plan, that’s the same layout that you’ve all seen for the most part. Things keep shifting in this corner a little bit. We’re working on the retention. The green areas are going to be wetland areas that we’re going to protect and save, this will be in the setback areas. So we won’t build a house in this section where the green is. It’ll be in the rules that we put out for the neighborhood that they can’t disturb these areas.
Mr. Marquart asked, sold by a Deed Restriction?
Chris Skoda replied, exactly.
Chris Skoda said, this here is where we get into the tree clearing. Where we’re coming in, we want to be able to clear, there’s no trees for example here. Everything else inside these curly lines is an area we want to clear for future development. At least we can get this done while the weather is still cooperating, then we could do utilities. We had hoped to clear lot by lot as we build them, but there may be some issue with that by March. I might have to clear this whole property because I don’t have all of our approvals. I’m hoping that’s not the case. The purpose is strictly a weather related issue for us.
Mr. Marrelli asked, what time of year are you allowed to start cutting the trees down?
Chris Skoda replied, Oct 15th is kind of what we’re shooting for.
Chairman Syracuse asked, any further questions or comments?
Mr. Fikaris asked, what will we be voting on?
Chairman Syracuse replied, we’d be taking a vote whether or not to approve the tree clearing.
Mr. Marrelli said, just so you know, we went through this with the Law Dept today and Chris probably knows now. There’s a section in our building code about tree clearing that I think this Board had to deal with once before. The Board of Appeals is the Board that decides if you could take down more than 10 live trees on a given lot over such a diameter at the base. We’re going to have to make one more trip and go to the Board of Appeals. I think if Planning and Council are in agreement that it’s o.k. to get started on this, we probably all should be o.k. with it.
Mr. Saponaro asked, they need to go to the Zoning Board first and when is that?
Mr. Marrelli replied, yes. Board of Appeals will meet on Oct 15th.
Katie Weber said, it’s two kind of separate things. There’s the permit that you’ll receive in order to clear trees under our code and only the BZA votes on that and approves that permit. What this body is talking about is tree clearing, is through the Planned Residential Development section in our code. You guys have already approved the preliminary plan, the next step in that is to approve the final plan that has all of the nitty gritty details in it in terms of that. In order to allow Chris Skoda to move forward in the tree clearing based on the letter and timing of this development, what we’re presenting here is to approve the one part of the preliminary plan basically of the tree clearing that you would recommend to Council to pass.
Chairman Syracuse states, our vote on the tree clearing Mon, Oct 7th from the Planning & Zoning Commission is not conditioned on the Board of Appeals Oct 15th.
There being no further business, the meeting adjourned at 8:20 p.m.