DRAFT
CITY OF ROCKY RIVER
JANUARY 20, 2004
The Special Meeting of Council was called to order by Mrs. Bobst, President of Council at 8:00 p.m.
Council Members Present: Mr. Gollinger, Mr. Potterfield, Mr. Frost, Mr. Hurtuk,
Mrs. Bartolozzi, Mr. Hagan, Mrs. Bobst
Administration: Mayor Knoble, Mr. Linden, Mr. Lesiecki, Mr. Koran, Ms. Calladine
Law Director: Mr. Matty
Press: Mr. White
The meeting was opened with the Pledge of Allegiance.
Mayor Knoble began with an introduction of Carole Calladine, the new Director of Senior Services. With the retirement of Ms. Waltz Umerley, the Administration determined that there were many seniors who required services but were not coming to the Senior Center. To address that need, the position was divided, with a Director of Senior Services as overall director and a manager for activities at the Senior Center. Ms. Calladine has many talents, including writing, lecturing, administrative ability, as well as being a licensed social worker and has enjoyed a varied career. President Bobst wished her well and noted that she was looking forward to the continuation and expansion of senior programs.
Mrs. Bobst then opened the topic which was the purpose of the Special Meeting as stated in the announcement, whether to review a decision made by the BZA to grant variances for the Beachcliff Row project located at Lake and Linda. She began by reading the applicable section of the Charter, Article VI, Section 2, Subsection (1)(B):
"Any decision of the Board granting a variance or exception shall not be final and take effect
until the seventh (7th) day after the date of the decision by the Board. During such time period,
the applicant, the Director of Community Development, or any elected official of the City may
request a review by Council of the decision of the Board. A request for review may be granted
by Council if it finds and determines that one or more matters at issue in such a request affect
or involve a purpose of the City's development code or the intent of Council in said code's
adoption and if such request received an affirmative vote by five (5) members of Council. If
such an affirmative vote is received, Council shall hear the request de novo, with all interested
parties having the opportunity to be heard and present evidence in support of their respective
position. Council may affirm, reverse, amend or modify the decision of the Board. Should
Council fail to hear and decide the request within thirty (30) days after the date of the decision
of the Board, the decision of the Board shall be final and take effect subject to law. Council may
only reverse, amend or modify the decision of the Board by an affirmative vote by five (5) members
of Council."
Mrs. Bobst indicated that such a request for review had been made by Councilman Potterfield, Chairman of Council's Planning, Zoning and Economic Development Committee. She again mentioned that five affirmative votes would be required for review.
Mr. Potterfield observed that a great many documents had been reviewed in preparation for tonight's discussion: BZA minutes from December 11 as well as January 8, memos from the Mayor and Mr. Koran. He had also reviewed a letter received that evening from Millisor and Nobil, legal representatives for the developer, Rocky River Development Group.
MOTION:
Moved by Mr. Potterfield, seconded by Mrs. Bartolozzi, that City Council conduct a review of the variances granted at the January 8, 2004 meeting of the BZA for Beachcliff Row, located at Lake and Linda.
Discussion:
AUDIENCE PARTICIPATION:
Mr. Robert Kelly of the Rocky River Development Group, traced a short history of the project, beginning with looking at the property in the summer of 2002. Several plans were put forward and meetings began with the Administration and the landowner. In the summer of 2003, the project was sufficiently advanced to request rezoning in August of that year. In October of 2003, the project received the preliminary approval of the Planning Commission and then applied for variances from the BZA at their December meeting. The project was tabled with changes recommended, and then resubmitted in January and approved.
Mr. Jim Larsen, architect for the project, gave an abbreviated version of a presentation prepared for the BZA.
At the December meeting of the BZA, he and the developer conscientiously considered the comments, and made modifications. When it was presented in January, the number of variances requested had declined from 13 in December to 10 in January.
One issue was density, and to address it, the number of units had been decreased from 30 to 27. Mr. Larsen pointed out that originally, an even higher number of units had been planned. With 27 units, he stated that the developer could still maintain the quality design standard which is in line with the overview indicated by Mr. Koran at the meeting of the Planning Commission. Building coverage was reduced by 10% with a significant 50% open space. Concern was also expressed about height of 35'. This is in scale to the neighborhood. Constructed of brick and stone, the fundamental concept is quality. The BZA-approved setbacks are all greater than the original proposal.
Reviewing the list of requested variances, Mr. Larsen referred to a booklet prepared by his firm, and made the following points:
Finally, Mr. Larsen discussed the zoning code. He noted that greater heights had been permitted to their neighbors who are almost all 35' except across the street on Linda, which is 50'. He believes that his hardship is the zoning code which fails to recognize this type of townhouse. The standards in the Code are 20 years old and should be subject to reevaluation by today's standards. In discussing the project, he found that it did not fit perfectly into any existing zoning, and he was advised by the administration to apply for THR3C and then apply for variances as needed. His hardship was the inability of the project to fit into a zoning which would not require variances. This project would be a signature gateway to the City and Mr. Larsen stated that the quality cannot be maintained in fewer than 27 units.
Mr. William E. Blackie, counsel for Rocky River Development Group, thanked Council for the opportunity to speak. He spoke of discussions conducted in the consideration of rezoning, and Mrs. Bobst reminded him that only the best use of the property could be considered at that time, not specific projects. Mr. Blackie agreed, and pointed out that the City would like to have a signature entry project, and would benefit from these townhouses. He agreed with Mr. Larsen that quality would be sacrificed with a smaller number of units. The developer has gone through the process, participating in a give and take. He has met the concerns of residents and the administration. Mr. Blackie felt that in this case, the system worked and the give and take has resulted in a good project for both the City and the developer. Changes have been made to meet concerns of the boards, and the use is less intense than a year ago. Similar projects such as Alexander's Row and Astor Place have been granted many variances and he asked for the same consideration.
Mr. Hurtuk asked why the explanatory memo from Mr. Blackie was received only this evening. Mr. Kelly explained that he waited for the approved minutes from the BZA which were made available on Friday morning. He then faxed them to Mr. Blackie for his comments; City Hall was closed for the holiday on Monday, and the memo was received on Tuesday afternoon.
Mr. Blackie summarized his view and said that the variances had been given a full and fair review before being granted.
Richard Hahn, 19943 Frazier Drive, stated that no practical difficulty or hardship had been expressed. The only difficulty was economic, and Council would set a precedent if it allowed these variances to stand without standards.
Fred I. Sokol, 20021 Parkview expressed interest in the discussion and asked he understood correctly that the zoning code was the hardship. Mayor Knoble explained that prior to Ordinance No. 106-89, passed in 1990, three different standards were permitted, 3500, 4500 and 7000 sq. ft. When the ordinance rewrote Chapter 11, 3500 sq. ft. was dropped. No minutes reflect the dropping of this classification or the reason for it.
Nancy Spellman, 19411 Frazier Drive objected because of the density issue. This is a signature development area and will set standards, so this is a serious issue. Since our City is developed, she feels stricter standards are necessary. She likes open space, and further noted that on this property is a part of our heritage, a historic greenhouse. Without strict standards, she fears for the look of neighborhoods.
Ed Conley, the property owner. Mr. Conley acknowledged the greenhouse, but said that it is very expensive to maintain or move. As to the project, he added that worldwide, people are living in more densely populated areas. He thinks this is a good project and is in favor of it. Mr. Blackie agreed, saying that the development group had collected 500 signatures of residents in favor of the project. Mrs. Bobst asked about the process used to collect the signatures. Mr. Kelly said that each petition was attached to a copy of the renderings presented to the BZA and that everyone who signed had seen the plans.
Mrs. Bartolozzi asked Director Koran how this project fits in with the master plan and what other types of development will fit into the rest of the area. Mr. Koran responded that as stated in his first memo, conceptually, this plan fits in. The Master Plan is approximately half way through the process, so findings and recommendations are not yet available. Some visions have been shared, however, showing smaller and even more dense projects. They have, however, some different concepts which are not specific to each block. This project is generally consistent with the Master Plan recommendations which will be available in 4-5 months. Other communities, such as Shaker Heights and Cleveland Heights have new redevelopments which are denser than our City code permits. Sussex Courts, designed by City Architecture in Shaker Heights, has 11.9 development units per acre, which for a lot of this size, 2.2 acres, would be 26 units. Some developments in the Cleveland area range from 7-12 units per acre, so this is within this range.
Mayor Knoble pointed out that this project will go forward without any tax abatement, and the City has offered no incentives such as eminent domain or blight designations. This is a standard deal with a great benefit for the City. The Mayor said that this area is blighted from Astor Place to the bridge, and this will be a significant investment. If approved, the Cravings building will be donated to the City, and the Mayor is exploring methods of moving or disassembling and reconstructing the building in another location; the Historical Society is also involved.
Mr. Potterfield, speaking from his years of experience on the Planning Commission and on Council since 2000, noted that he has yet to see a consultant recommend higher density. Most changes from the mid '80's on have been more restrictive, as illustrated by last year's cluster housing side yard distances. The City has favored open spaces in a suburban setting. The architect has said that the hardship is the zoning code. The Mayor has said that changes are needed, but Mr. Potterfield does not feel that the City should change the code by project, but by reviewing the code. This project has a number of good ideas and features, but Mr. Potterfield feels that with 23 or 24 units, the necessity for many variances disappears. That would be a more realistic procedure, and Mr. Potterfield does not favor setting a precedent that will be with us for the next 5 to 10 years.
Mr. Gollinger feels that each project stands alone without reference to what someone else has done. This project does not fit within the standards and Council must decide whether to review the variances granted. Mr. Gollinger has no desire to stand in the way of Mr. Conley, but his opinion is that this is strictly a financial issue. He feels that a formal review would be in the best interests of the City.
Mr. Frost has received input from a number of Ward I residents, and their reactions are mostly positive. The property is located in this ward, and Mr. Frost has heard from the Gillilands who would be neighbors, and others on Cornwall, Oak, Aberdeen, and others. He acknowledged Mrs. Spellman's concerns about the greenhouse, and explained that he has been working with Mr. Kelly and the Historical Society to attempt to save the greenhouse. Other negative comments have not been about the project, but rather about the setting of the precedent of granting these variances. He said Mr. Gollinger is correct, that each case should be seen individually, not as true precedents as in law. Each project should be seen on its own merits. In this case, Mr. Frost has been hearing from the Administration that this is the type of density which the City wishes to encourage. He does not believe that residential neighborhoods are in jeopardy because of variances granted to this area which is blighted and commercial. It is more illustrative to look at Astor Place and Alexander's Row. Finally, this is not the type of hardship with legal terms and specific criteria for the variations. The City has a BZA to evaluate requests and determine on a case by case basis what should be allowed. Council's job is to look at the history of what has been granted, and to consider whether to hear and overturn the variances. The Administration has worked hard to bring a quality project to the City.
Mr.Hagan noted that the site has had a history of rezoning in the past 30 years, having been rezoned 5 times. The BZA established by Code and appointed by the Mayor, has three licensed individuals. Studying the minutes of their deliberations, Mr. Hagan felt that the BZA considered the minimum required in meeting the hardship requirement which is not exclusive, and whether the property would yield a return. The BZA deserves some autonomy; residents are part of their process and the BZA is open to public debate. The applicant prepared new drawings to comply with the wishes of the boards. Density was the main issue, and those variances were discussed and debated for a long time before the variances were granted. This project is going through the process that it should. Council should not set a precedent for reviewing decisions. We have an organization doing its job to review. This is as it should be.
Mr. Gollinger reminded Mr. Hagan that the Charter given Council this responsibility.
Mr. Potterfield observed that the BZA overturned the decision of the Planning Commission on the first item of its last agenda.
Mr. Hagan has carefully reviewed the documents submitted to Council and he understands the process. He does not believe that this case warrants review.
Mr. Potterfield mentioned that one of the things not mentioned when the Charter was amended to allow for BZA oversight by Council was that it is now difficult for Council members attending board meetings to express their opinions, since they act as an appellate body.
Mrs. Bartolozzi's concern is with density. In many developments, crowding has occurred because there is one house too may. She feels the issue in this case is economic. While appreciating the developer's frustration, she does not understand why zoning issues are a concern. Since the planning began back in 2002, a review of zoning laws might have been proposed by this time. The process should not change zoning laws.
Mr. Hurtuk expressed his appreciation to Mr. Potterfield for attending the meetings and bringing these key issues to Council. This is a handsome project which will add to the City's tax base. Looking at Chapter 1177.11, he cited what he felt were key lines dealing with injury to neighborhoods or materially detrimental to the public welfare. Further, it is not contrary to the purpose, intent and objectives of the Development Code and the Plan of the City. He does not think that a precedent is being set, and the variances do not require review.
Mrs. Bobst said that this is a very important project on an important site. It is to the City's benefit to offer diversity of housing. The Master Plan has been considered, and the architecture of this project is very exciting in that location. Density has been considered a bad word, but more recently, it is recognized that density allows more green and open space. In the Code until this project, she had not thought about townhouse in the context of row housing which is vertical. The Code may need to review and consider the requirements of vertical housing. She received confirmation from Mr. Koran that 10 to 11 units per acre or 8-12 per acre in townhouse zoning is being seen today.
Her main concern is that issues of hardship and practical difficulties as related to the density issue are not seen in clear statements in the BZA minutes. She would make a recommendation that discussions are more clearly defined and reflected in the minutes. This developer requested one class-maybe another should have been looked at. There was excellent give and take in the project details.
She asked if the Administration had received comments from developers that our code standards are unreasonable. Mr. Lesiecki, and the Mayor both said they had received no complaints.
Mr. Gollinger pointed out that projects are still being done. This is an excellent project and Mr. Gollinger thinks highly of the individuals involved. Council should take another look at requirements and where it wants to go from this point.
Mr. Potterfield pointed out that, historically, any number of projects had been completed without any variances. More and more applications are being seen.
Vote: Gollinger - aye Potterfield - aye Frost - nay
Hurtuk - nay Bartolozzi - aye Hagan - nay
Bobst - aye
4 ayes 3 nays DEFEATED
(5 affirmative votes required)
Mrs. Bobst concluded that the motion had failed and there will be no review of the BZA decisions.
The meeting was adjourned at 9:35 p.m.
__________________________________ _____________________________
Pamela E. Bobst Misao Kurokawa
President of Council Clerk of Council
Please note: This is a draft copy of the minutes of the Special Meeting of January 20, 2004. These minutes may be amended or revised at the next Legislative Meeting
DRAFT
CITY OF ROCKY RIVER
JANUARY 20, 2004
The Committee-of-the-Whole was called to order by Mrs. Bobst, President of Council, at 9:41 p.m.
Council Members Present: Mr. Gollinger, Mr. Potterfield, Mr. Frost, Mr. Hurtuk,
Mrs. Bartolozzi, Mr. Hagan, Mrs. Bobst
Administration: Mayor Knoble, Mr. Linden
Law Director: Mr. Matty
Press: Mr. White
MAYOR'S REPORT:
Mayor Knoble attended the ecumenical service honoring Martin Luther King sponsored by the Association of Rocky River Clergy. He commented that it was a very nice event, and estimated that 120 to 130 persons were in attendance.
The Mayor has received a letter from a law firm representing the estate of May Radabaugh who passed away last year. In a partial distribution from her estate, the Senior Center has received $50,000. Additional amounts may be received as the estate is closed.
The City has been notified that Andrew Bemer has been appointed to the Parks and Recreation Commission as the representative of the Board of Education.
The second meeting of the Master Plan Stakeholders will be held this Friday at 9:00 a.m.
Bids have been received for the water line and sewer renovation with related street renovations for Orchard Park and the Bates Road area. They were below the engineer's estimate, with the low bid coming in at $2,127,000. With the grant received, this project should cost the City about $1.8 million. This project has been in the planning stage for years. An ordinance will be brought to Council and it will appear in the capital improvement budget this year. Interestingly, the difference between the first and second bids was only $1500 and between the high and low bid, $212,000. The Mayor was pleased that we are seeing good prices, and thinks perhaps timing is good, going out for bid before contractors have completed their schedules for next year.
The Mayor has distributed a questionnaire from Cleveland Magazine and asks for Council input. He is especially interested in the sections on interesting people and places.
Mr. Hurtuk suggested he may be interested in polling Planning and BZA for the questionnaire. He also asked about water accumulated at Northview and Hilliard.
The Mayor responded that the Northview-Hilliard intersection had been hit with a water leak which escalated into broken pipe. Cleveland Water crews were on the scene. Fortunately, a 30'" line going through on the north side did not break. In this freezing weather, we often have 2 to 3 leaks or breaks per week.
Another incident that occurred in the City today was a series of aggravated robberies on Riverview. Due to fast work by neighbors and fast response by the Police Department, two of three juvenile perpetrators were apprehended.
Mr. Hurtuk also asked if, in light of the experience in South Euclid where lottery winnings were not taxable because the Administration had neglected to change its code, our Code is up to date. The Mayor said that it had been changed back when the original letter had been received.
Finally, Mr. Hagan asked for an update on the Westover gates. Mayor Knoble explained that the materials have been received, but because of his recent surgery and budget hearings, he has had, as yet, no opportunity to meet with the superintendent of the Fairview Park schools and Mayor Patton. He apologized for the delay and said that it will be done soon.
UNFINISHED BUSINESS:
Ordinance No. 7-04: Mr. Gollinger indicated that this ordinance will remain on hold until it can be determined if it is necessary.
MISCELLANEOUS BUSINESS:
Community Challenge Proposal: Mrs. Bobst noted that Council members had had an opportunity to review the proposal from Community Challenge this week. Their base request has not changed, and for the third year, remains at $48,500. This year, however, they are requesting an additional $5000 as a contribution toward the Challenge Day program. Community Challenge would serve as the organization that would have responsibility to implement what is started on Challenge Day. This program would address issues of violence, racism, teasing, stereotyping and substance abuse. Funding would be through Community Challenge, the schools, Kiwanis Education Foundation, and Community Partnership. We purchase services from Community Challenge, and this would be one additional.
Mayor Knoble said that the Administration would have no opinion on this topic.
It was determined that Council will move ahead to accept this proposal; an ordinance will be forthcoming.
Mr. Frost indicated that he has been working with Director Koran, Developer Bob Kelly, and Bob Reusser and Phil Ardussi from the Historical Society to save the Lydrickson Greenhouse. At this point, they are deciding if this is a feasible project.
Mayor Knoble asked Mr. Potterfield which members of the Administration should be invited to a meeting of the Planning, Zoning and Economic Development Committee in a review of the Lake Road property. He wished to schedule the meeting for February 9 at 7:00 p.m. because Mr. Matty would be available. Tonight, the Beautification Committee had appeared at the Planning Commission. Under discussion was their role in the decision-making process on landscaping. This discussion has also been directed to Mr. Potterfield's committee.
COMMITTEE REPORTS:
Parks and Recreation Commission: will meet Wednesday at 8:00 a.m. Members will be sworn in by the Mayor.
Safety Committee: Mr. Frost reported that the Working Group on Animal Control Laws will meet on March 8 at 7:00 p.m. Mr. Frost then asked how much depth would be discussed at the Planning, Zoning and Economic Development Committee meeting of February 9. Mr. Potterfield said that the issue of whether or not there was further public need for this property would be discussed, as well as the proper steps procedurally, if the decision is to sell it.
NEW BUSINESS:
Ordinance No. 9-04: This ordinance would appoint Mrs. Bobst to the Parks and Recreation Commission. There were no objections.
Ordinance No. 10-04: This would authorize an agreement for the plugging of a gas well. Mr. Hagan will request a suspension of the rules. He has spoken to Chief Flynn and Mr. Linden who informed him that the abandoned well head in the tree lawn on Carmen. Because the Chief was able to submit the application as funds became available, it can be capped at no cost to the City. State-approved bidders will get the job done. Although this poses no immediate hazard to residents, there is an occasional complaint of a gas smell and capping will alleviate the problem.
COMMUNICATIONS AND ANNOUNCEMENTS:
The Parks and Recreation Committee will meet next Monday at 7:00 p.m. in the Council Chambers to hear a presentation by the Recreation Facilities Task Force.
The North Eastern Ohio City Council Association meeting will be next Thursday, January 29. Mrs. Bobst encouraged Council members to attend.
As there was no further business by Council members, the meeting was adjourned at 10:06 p.m
___________________________ _______________________________
Pamela E. Bobst Misao Kurokawa
President of Council Clerk of Council
Please note: This is a draft copy of the minutes of the Committee-of-the-Whole of January 20, 2004. These minutes may be amended or revised at the next Legislative Meeting.