City Council

City of Middleburg Heights, Ohio Council Agenda November 25,2025 5:45 P.M. PUBLIC HEARING PLANNED MIXED USE DEVELOPMENT TDR MANAGEMENT 6875 THROUGH 6879 SMITH ROAD APARTMENT BUILDING AND RETAIL/RESTAURANTS 6:00 P.M. REGULAR MEETING CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Minutes of the Regular Meeting of November 11,2025 COMMUNICATIONS Notice to legislative authority requesting new liquor permit to 15050 Bagley Road (former Citizen’s Bank, proposed dine in restaurant). No objection from Chief Tomba. AUDIENCE PARTICIPATION APPOINTMENTS AND CONFIRMATIONS ORDINANCES. RESOLUTIONS AND MOTIONS 1. City Parks, Recreation & Services Committee - Mr. Ali, Chairman 2. Finance, Taxation & Assessments Committee - Mr. Bortolotto, Chairman 3. Legislation & Rules Committee - Mr. Zakel, Chairman 4. Public Health, Safety & Relief Committee - Mr. McGregor, Chairman 5. Public Improvements Committee - Mr. Sage, Chairman 6. Streets, Utilities & Railroad Committee - Mr. Meany, Chairman 7. Zoning & Building Code Committee - Mr. Ference, Chairman MAYOR’S REPORT 1. Law Director 2. Finance Director 3. Recreation Director 4. Economic Development Director 5. Service Director ADJOURNMENT  City of Middleburg Heights, Ohio NOVEMBER 25,2025 Council Agenda PAGE 2 PENDING LEGISLATION ORDINANCE NO. 2025-67 - INTRODUCED BY MAYOR CASTELLI An Ordinance vacating a portion of Momingside Avenue. First Reading & Referred to Planning Commission - October 28,2025 Second Reading - November 11,2025 UN-NUMBERED LEGISLATION INTRODUCED BY COUNCIL PRESIDENT BORTOLOTTO A Resolution authorizing the mayor and finance director to enter into a contract with Petroleum Traders Corporation for the furnishing of unleaded gasoline. INTRODUCED BY COUNCIL PRESIDENT BORTOLOTTO A Resolution authorizing the mayor and finance director to enter into a contract with Petroleum Traders Corporation for the furnishing of diesel fuel. INTRODUCED BY COUNCIL PRESIDENT BORTOLOTTO A Resolution authorizing the mayor to enter into an agreement with Browning-Ferris Industries of Ohio, Inc. for five additional one-year terms for residential waste collection, disposal and recyclable materials collection and processing services. INTRODUCED BY COUNCIL PRESIDENT BORTOLOTTO An Ordinance declaring the improvement to certain parcels of real property within the city to be a public purpose and exempt from taxation pursuant to ORC 5709.40(B); providing for the collection and deposit of service payments and specifying the purposes for which those service payments may be expended; specifying the public infrastructure improvements directly benefiting the parcels; and declaring an emergency. INTRODUCED BY MAYOR CASTELLI An Ordinance amending section 931.01 “Fees” of the Middleburg Heights Codified Ordinances to adjust fees for emergency medical response by the city. INTRODUCED BY MAYOR CASTELLI An Ordinance approving the Southland Mixed Use Project Stage 2 PMU Development Plan and authorizing the mayor to enter into a development agreement with TDR Management Co. LLC.  Department of l^/wX K-y' Commerce com.ohio.gov Division of Liquor Control Mike DeWine, Governor Jim Tressel, Lt. Governor Sherry Maxfield, Director CLERK OF MIDDLEBURG HGTS CITY COUNCIL 15700 BAGLEY RD MIDDLEBURG HGTS OH 44130 NOTICE TO LEGISLATIVE AUTHORITY TO 10004351-1 NEW 15050 Bagley LLC PERMIT NUMBER TYPE 150505 Bagley Rd ISSUE DATE: 15050 Bagley Rd FILING DATE: 6/18/2025 Middleburg Hts OH 44130 PERMIT CLASSES; D-2 Muni/Vlllage/Twp: Middleburg Heights 18352 OCT TAX DISTRICT RECEIPT NO FROM 10/28/2025 PERMIT NUMBER TYPE ISSUE DATE; FILING DATE; PERMIT CLASSES: TAX DISTRICT RECEIPT NO MAILED 11/07/2025 RESPONSES MUST BE POSTMARKED NO LATER THAN 12/07/2025 IMPORTANT NOTICE PLEASE COMPLETE AND RETURN THIS FORM TO THE DIVISION OF LIQUOR CONTROL WHETHER OR NOT THERE IS A REQUEST FOR A HEARING. REFER TO THIS NUMBER IN ALL INQUIRIES: OCT NEW 10004351-1 (TRANSACTION & NUMBER) (MUST MARK ONE OF THE FOLLOWING) WE REQUEST A HEARING ON THE ADVISABILITY OF ISSUING THE PERMIT AND REQUEST THAT THE HEARING BE HELD □ IN OUR COUNTY SEAT □ IN COLUMBUS WE DO NOT REQUEST A HEARING □ DID YOU MARK A BOX? IF NOT, THIS WILL BE CONSIDERED A LATE RESPONSE. PLEASE SIGN BELOW AND MARK THE APPROPRIATE BOX INDICATING YOUR TITLE: (Signature) (Title) - □ Clerk of County Commissioner (Date) □ Clerk of City Council □ Township Fiscal Officer (Printed Name) (Email Address) (Telephone No.) 6606 TussingRoad 614 I 644-2360 Reynoldsburg, OH 43068 U.S.A. The state of Ohio is an Equal Opportunity Employer and Provider of ADA Services com.ohio.gov  DELIVERED NOV 2 0 2025 CITY OF MIDDLEBURG HEIGHTS, OHIO Resolution No. 2025- Introduced By: Mr. Bortolotto Co-Sponsors: Mr. Meany, Mr. Ference A RESOLUTION AUTHORIZING THE MAYOR AND FINANCE DIRECTOR TO ENTER INTO A CONTRACT WITH PETROLEUM TRADERS CORPORATION FOR THE FURNISHING OF UNLEADED GASOLINE WHEREAS, pursuant to Ohio Revised Code Section 9.48, through Resolution 2014-64 the Service Director was authorized to participate with various surrounding municipalities in a Joint Municipal Improvement Consortium (JMIC) for the acquisition of equipment, materials, supplies, or services; and WHEREAS, the City desires to retain the services of a competent and qualified contractor to provide certain equipment, products, or services to the City; and WHEREAS, Petroleum Traders Corporation, offers government pricing through the Joint Municipal Purchasing Consortium and is competent and qualified to furnish unleaded gasoline to the City and has provided a responsive and responsible proposal, and desire to provide unleaded gasoline. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO. AS FOLLOWS; Section 1: That the Mayor and Finance Director are hereby authorized to enter into a contract for 2026/2027 with Petroleum Traders Corporation, 7120 Pointe Inverness Way, Fort Wayne, Indiana 46804, to provide No Lead Regular Grade Gasoline, 87 Octane, w/10% Ethanol Blend (Transport), in accordance with bid specifications, a copy of which is on file in the Council Office. Section 2: It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Resolution were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements, including Chapter 107 of the Middleburg Heights Code and Section 121.22 of the Ohio Revised Code. Passed: President of Council Attest: Approved On: Clerk of Council Presented to Mayor:. Mayor Yea Nay Bortolotto Ali Sage Meany McGregor Ference Zakel  DELIVERED NOV 2 0 2025 CITY OF MIDDLEBURG HEIGHTS, OHIO Resolution No. 2025- Introduced By: Mr. Bortolotto Co-Sponsors: Mr. Meany, Mr. Ference A RESOLUTION AUTHORIZING THE MAYOR AND FINANCE DIRECTOR TO ENTER INTO A CONTRACT WITH PETROLEUM TRADERS CORPORATION FOR THE FURNISHING OF DIESEL FUEL WHEREAS, pursuant to Ohio Revised Code Section 9.48, through Resolution 2014-64 the Service Director was authorized to participate with various surrounding municipalities in a Joint Municipal Improvement Consortium (JMIC) for the acquisition of equipment, materials, supplies, or services; and WHEREAS, the City desires to retain the services of a competent and qualified contractor to provide certain equipment, products, or services to the City; and WHEREAS, Petroleum Traders Corporation, offers government pricing through the Joint Municipal Purchasing Consortium and is competent and qualified to furnish diesel fuel to the City and has provided a responsive and responsible proposal, and desires to provide diesel fuel. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS. STATE OF OHIO, AS FOLLOWS: Section 1: That the Mayor and Finance Director are hereby authorized to enter into a contract 2026/2027 with Petroleum Traders Corporation, 7120 Pointe Inverness Way. Fort Wayne, Indiana 46804, to provide Ultra Low Sulfur #2 Diesel (Transport), in accordance with bid specifications, a copy of which is on file in the Council Office. Section 2: It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Resolution were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements, including Chapter 107 of the Middleburg Heights Code and Section 121.22 of the Ohio Revised Code. Passed: President of Council Attest: Approved On: Clerk of Council Presented to Mayor: Mayor Yea Nay Bortolotto Ali Sage Meany McGregor Ference Zakel  DELIVERED NOV 2 0 2025 CITY OF MIDDLEBURG HEIGHTS, OHIO Resolution No. 2025- Introduced By: Mr. Bortolotto Co-Sponsors: Mr. Meany, Mr. Ference A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH BROWNING-FERRIS INDUSTIRES OF OHIO, INC. FOR FIVE ADDITIONAL ONE-YEAR TERMS FOR RESIDENTIAL WASTE COLLECTION, DISPOSAL AND RECYCLABLE MATERIALS COLLECTION AND PROCESSING SERVICES WHEREAS, pursuant to Resolution 2021-11 which authorized the Mayor and Finance Director to enter into an agreement with Browning-Ferris Industries of Ohio, Inc., dba Republic Services (hereinafter “Browning-Ferris”) for Solid Waste Collection, Disposal and Recyclable Materials Collection and Processing commencing May 1, 2021, and terminating on May 1,2026, unless renewed as provided in the agreement; and WHEREAS, the agreement may be renewed for five (5) additional one-year terms, commencing May 1, 2026, upon mutual agreement and upon the same terms and conditions set forth in the agreement; and WHEREAS, the City and Browning-Ferris are desirous of renewing the Residential Waste Collection, Disposal and Recyclable Materials Collection and Processing Services upon the same terms and conditions set forth in the agreement. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1: That this Council finds and determines that the extension of the Solid Waste Agreement for five (5) additional one-year terms, commencing May 1, 2026, follows the applicable requirements of the agreement, and is competitive, fair and reasonable, and in the best interests of the City. Section 2: That the Mayor and Finance Director are hereby authorized to enter into an agreement with Browning-Ferris Industries of Ohio, Inc. dba Republic Services of Elyria in accordance with Section 1 of this Resolution. Section 3: It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Resolution were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements, including Chapter 107 of the Middleburg Heights Code and Section 121.22 of the Ohio Revised Code. Passed: President of Council Attest: Approved On: Clerk of Council Presented to Mayor: Mayor Yea Nay Bortolotto Ali Sage Meany McGregor Ference Zakel  DELIVERED NOV 2 0 2025 City of Middleburg Heights, Ohio Ordinance No. 2025- Introduccd by: Mr. Bortolotto, Mr- Mr. Ference AN ORDINANCE DECLARING THE IMPROVEMENT TO CERTAIN PARCELS OF REAL PROPERTY WITHIN THE CITY TO BE A PUBLIC PURPOSE AND EXEMPT FROM TAXATION PURSUANT TO ORC 5709.40(B); PROVIDING FOR THE COLLECTION AND DEPOSIT OF SERVICE PAYMENTS AND SPECIFYING THE PURPOSES FOR WHICH THOSE SERVICE PAYMENTS MAY BE EXPENDED; SPECIFYING THE PUBLIC INFRASTRUCTURE IMPROVEMENTS DIRECTLY BENEFITING THE PARCELS; AND DECLARING AN EMERGENCY. WHEREAS, Ohio Revised Code {^^ORC') 5709.40, 5709.42, and 5709.43 (collectively, the ‘T/F Acf) authorize this Council, by ordinance, to declare the improvement to parcels of real property located within the City to be a public purpose and exempt from taxation, require the owner of each parcel to make service payments in lieu of taxes, establish a municipal public improvement tax increment equivalent fund for the deposit of the those service payments, and specify the purposes for which money in that fund will be expended; and WHEREAS, the City desires to implement a tax increment financing program on the Parcels (as defined in Section 1) pursuant to the TIE Act to enable the City to make public infrastructure improvements that will directly benefit the Parcels; and WHEREAS, notice of this proposed Ordinance has been delivered to the Board of Education of the Berea City School District (the “School DistricC) and Polaris Career Center (“PCC”) in accordance with and within the time periods prescribed in ORC 5709.40 and 5709.83; and WHEREAS, an emergency exists in the usual daily operations of the City, that emergency being related to the need to pass this Ordinance as quickly as possible, which will result in the investment in public infrastructure and creation and retention ofjobs, all of which improve the health, safety and welfare of the residents of the City; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, COUNTY OF CUYAHOGA, STATE OF OHIO, THAT: Section 1: Parcels. The real property subject to this Ordinance is identified and depicted on Exhibit A (as currently or subsequently configured, the ^'Parcels'’', with each individual parcel a “Parcef’). Section 2: Public Infrastructure Improvements. This Council hereby designates the public infrastructure improvements described in Exhibit B (the ‘"‘'Public Infrastructure Improvements ) and any other public infrastructure improvements hereafter designated by ordinance as public infrastructure improvements made, to be made or in the process of being made by the City that directly benefit, or that once made will directly benefit, the Parcels. Section 3: Authorization of Tax Exemption. This Council hereby finds and determines that 100% of the increase in assessed value of each Parcel subsequent to the effective date of this Ordinance (which increase in assessed value is hereinafter referred to as the Improvement" as defined in ORC 5709.40(A)) is hereby declared to be a public purpose and will be exempt from taxation in accordance with ORC 5709.40(B) for a period commencing for each Parcel (separate exemption periods for each Parcel) with the first tax year that begins after the effective date of this Ordinance and in which an Improvement on that Parcel first appears on the tax list and duplicate were it not for the exemption granted by this Ordinance and ending on the earlier of (a) thirty (30) years after such commencement or (b) the date on which the City can no longer require service payments in lieu of taxes, all in accordance with the requirements of the TIF Act. Section 4: Service Payments. As provided in ORC 5709.42, the owner of each Parcel is hereby required to make service payments in lieu of taxes with respect to the Improvement allocable to each Parcel to the Cuyahoga County Treasurer (the “County Treasurer') on or before the final dates for payment of real property taxes. The service payments in lieu of taxes will be charged and collected in the same manner and in the same amount as the real property taxes that would have been charged and collected against that Improvement if it were not exempt from taxation pursuant to Section 3 of this Ordinance, including any penalties and interest (collectively, the ''Service Payments''). The Service Payments, and any other payments with respect to each Improvement that are received in connection with the reduction required by ORC 319.302, 321.24, 323.152 and 323.156, as the same may be amended from time to time, or any successor provisions thereto as the same may be amended from time to time (the "Property Tax Rollback Payments"), shall be deposited and distributed in accordance with Section 6. Section 5: TIF Fund. This Council establishes, pursuant to and in accordance with the provisions of ORC 5709.43, the Meijer Tax Increment Equivalent Fund (the "TIF Fund'), into which the Service Payments and Property Tax Rollback Payments collected with respect to the Parcels will be deposited. The TIF Fund will be maintained in the custody of the City. The City may use amounts deposited into the TIF Fund only for the purposes authorized in the TIF Act and this Ordinance (as it may be amended). The TIF Fund will remain in existence so long as the Service Payments and Property Tax Rollback Payments are collected and used for the aforesaid purposes, after which time the TIF Fund will be dissolved and any surplus funds remaining therein transferred to the City's General Fund, all in accordance with ORC 5709.43. Section 6: Distributions. Pursuant to the TIF Act, the County Treasurer is requested to distribute the Service Payments and Property Tax Rollback Payments as follows: (i) 'fo each of the School District and the PCC, an amount equal to the amount the school district would otherwise receive as real property tax payments (including the applicable portion of any Property Tax Rollback Payments) derived from the Improvement to each Parcel if the Improvement had not been exempt from taxation pursuant to this Ordinance. (ii) To the City, all remaining amounts for further deposit into the TIF Fund for payment of costs of the Public Infrastructure Improvements, including, without limitation, debt charges on any notes or bonds issued to pay or reimburse finance costs or costs of those Public Infrastructure Improvements and any other lawful purpose. -2- All distributions required under this Section are requested to be made at the same time and in the same manner as real property tax distributions. The City shall make any distributions to the extent not made by the County Treasurer. Section 7: Further Authorizations. This Council hereby authorizes and directs the Mayor, the Law Director, the Director of Finance, Director of Economic Development or other appropriate officers of the City to deliver a copy of this Ordinance to the Ohio Department of Development within fifteen days after its effective date, in accordance with ORC 5709.40(1), and to make such arrangements as are necessary and proper for collection of the Service Payments. This Council further authorizes the Mayor, the Law Director, the Director of Finance, Director of Economic Development or other appropriate officers of the City to prepare and sign all agreements and instruments and to take any other actions as may be appropriate to implement this Ordinance. Section 8: Open Meetings. This Council finds and determines that ail formal actions of this Council and any of its committees concerning and relating to the passage of this Ordinance were taken in an open meeting of this Council or any of its committees, and that all deliberations of this Council and any of its committees that resulted in those formal actions were in meetings open to the public, all in compliance with the law including ORC 121.22. Section 9: Effective Date. This Ordinance is hereby declared to be an emergency measure for the reasons stated in the preamble hereto. Wherefore, provided this Ordinance received the affirmative vote of at least two-thirds (2/3) of the members of Council it shall take effect and be in force immediately upon its passage and approval by the Mayor. Passed: President of Council Attest: Clerk of Council Approved On: Presented to Mayor: Mayor Yea Nay Bortolotto Ali Sage Meany McGregor Ference Zakel -3-  EXHIBIT A IDENTIFICATION AND MAP OF THE PARCELS The area denoted on the following map specifically identifies and depicts the Parcels (tax parcel number 372-31 -006 as of October 1,2025) and constitutes part of this Exhibit A. i _ ■» 1 - I ●4, % 1 37229004 '^37230015 t r t 4 ,\ 1 % - ' * J 1 f ■rJ ■*- -j ♦ 'I ( \t37?31006 r tr! <) - i'’ !>t H- i! : I / r ci V ' '.a i i ’ 4 .t * ■ ': I - 2025 Spring J l.l l_lJi LLLJ I 2025 Spring ^ CuyahogaGIS | US  EXHIBIT B PUBLIC INFRASTRUCTURE IMPROVEMENTS The Public Infrastructure Improvements consist of any “public infrastructure improvement” defined under ORC 5709.40(A)(8) and that directly benefits the Parcels and specifically include, but are not limited to, any of the following improvements that will directly benefit the Parcels and all related costs of those permanent improvements (including, but not limited to, those costs listed in ORC 133.15(B)): ● Roadways. Construction, reconstruction, extension, opening, improving, widening, grading, draining, curbing or changing of the lines and traffic patterns of roads, highways, streets, intersections, bridges (both roadway and pedestrian), sidewalks, bikeways, medians and viaducts accessible to and serving the public, and providing signage (including traffic signage and informational/promotional signage), lighting systems, signalization, and traffic controls, and all other appurtenances thereto, including without limitation, improvements to Smith Road. ● Water/Sewer. Construction, reconstruction or installation of public utility improvements (including any underground municipally owned utilities), storm and sanitary sewers (including necessary site grading therefore), water and fire protection systems, and all appurtenances thereto, including, but not limited to those associated with improvements described in “Roadways” above. ● Environmental/Health, Implementation of environmental remediation measures necessary to enable the construction of the private improvements on the Parcels or the Public Infrastructure Improvements, and the construction of public health facilities. ● Utilities. Construction, reconstruction, burial or installation of gas, electric and communication service facilities and all appurtenances thereto, including, but not limited to those associated with improvements described in “Roadways” above. ● Stormwater. Construction, reconstruction, relocation, modification and installation of stormwater and flood remediation projects and facilities, both for storm water quantity and quality, including the payment and reimbursement for such projects and facilities on private property when determined to be necessary for public health, safety and welfare. ● Demolition. Demolition, including demolition on private property when determined to be necessary for public health, safety and welfare. ● Parks. Construction or reconstruction of one or more public parks and park or recreational facilities, including grading, trees and other park plantings, park accessories and related improvements, multi-use trails and bridges, together with all appurtenances thereto. B-1 ● Streetscape/Landscape. Construction or installation of streetscape and landscape improvements including trees, tree grates, signage, curbs, sidewalks, scenic fencing, street and sidewalk lighting, trash receptacles, benches, newspaper racks, burial of overhead utility lines and related improvements, together with all appurtenances thereto, including, but not limited to streetscape improvements in conjunction with and along the roadway improvements described in “Roadways” above. ● Real Estate. Acquisition of real estate or interests in real estate (including easements) (a) necessary to accomplish any of the foregoing improvements or (b) in aid of industry, commerce, distribution or research. ● Professional Services, Engineering, consulting, legal, administrative, and other professional services associated with the planning, design, acquisition, construction and installation of the foregoing improvements and real estate. B-2  DELIVERED NOV 2 0 2025 CITY OF MIDDLEBURG HEIGHTS, OHIO Ordinance No. 2025- Introduced By: Mayor Matthew Castetli AN ORDINANCE AMENDING SECTION 931.01 “FEES” OFTHE MIDDLEBURG HEIGHTS CODIFIED ORDINANCES TO ADJUST FEES FOR EMERGENCY MEDICAL RESPONSE BYTHE CITY WHEREAS, based on a review of comparable communities and their EMS billing rates, the Fire Chief is recommending that the City consider an increase for EMS services; and WHEREAS, under authority of the “home rule” amendment Section 931.01 EMS billing rates are amended retroactively to increase billing rates effective October 1,2019. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1: That Section 931.01 of the Middleburg Heights Codified Ordinances be amended to enact billing fees as follows: 3-13-2012 10-1-2019 current proposal 1) Basic Life Support $450.ea $000.00 $800.00 2) Advanced Life Support I $550.06 $766:66 $900.00 3) Advanced Life Support II $050.66 $000.00 $1000.00 4} One-way mileage $10.00/mile $14.0Q/mtle $15.00/mile Section 2: It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its oommittees that resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements, including Chapter 107 of the Middleburg Heights Code and Section 121.22 of the Ohio Revised Code. Passed: President of Council Attest: Approved On: Clerk of Council Presented to Mayor: Mayor Yea Nay Bortolotto Ali Sage Meany McGregor Ference Zakel  DELIVERED NOV 2 0 2025 CITY OF MIDDLEBURG HEIGHTS, OHIO Ordinance No. 2025- Introduced By: Mayor Matthew Castelli AN ORDINANCE APPROVING THE SOUTHLAND MIXED USE PROJECT STAGE 2 PMU DEVELOPMENT PLAN AND AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT WITH TDR MANAGEMENT CO. LLC WHEREAS, the Planning Commission recommended approval, with conditions, of the Southland Mixed Use Project Stage 2 Planned Mixed Use Development, 6875 Smith Road through 6879 Smith Road, in accordance with Zoning Code Section n37.08(d)(3)(B);and WHEREAS, pursuant to Middleburg Heights Zoning Code Section 1137.08(d)(3)(C), City Council shall act on the Preliminary PMU Development Plan application by holding a public hearing, and following the public hearing, approve, disapprove, or modify the Preliminary PMU Development Plan in conformance with regulations, standards, criteria, and purpose presented by this zoning code; and WHEREAS, City Council has duly considered the factors for consideration of the Preliminary PMU Development Plan as required by Section 1137.08(d)(4) of the Middleburg Heights Zoning Code; and WHEREAS, City Council, after conducting a public hearing and considering all factors and applying the standards promulgated in Section 1137.08 of the Middleburg Heights Zoning Code, City Council hereby approves the Southland Mixed-Use Project Stage 2 PMU Development Plan application and authorizes the Mayor or the Mayor’s designee to enter into a PMU Planned Mixed Use Development Agreement with TDR Management Co. LLC as attached hereto as “Exhibit A”, subject to any additional suggestions and/or recommendations by the City’s Planning Consultant. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1: That City Council hereby approves the Southland Mixed-Use Project Stage 2 PMU Development Plan, including the waivers requested, as recommended to City Council bythe Planning Commission. Section 2; That the Mayor or the Mayor’s designee is hereby authorized to enter into a PMU Planned Mixed Use Development Agreement with TDR Management Co. LLC, a copy of which is attached hereto as “Exhibit A", subject to any additional suggestions and/or recommendations by the City’s Planning Consultant. Section 3: It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements, including Chapter 107 of the Middleburg Heights Code and Section 121.22 of the Ohio Revised Code. Passed:, President of Council Attest: Approved On: Clerk of Council Presented to Mayor: Mayor Yea Nay Bortolotto Ali Sage Meany McGregor Ference Zakel  DELIVERED NOV 2 0 2025 CITY OF MIDDLEBURG HEIGHTS, OHIO Ordinance No. 2025- Introduced By: Mayor Matthew Castelli AN ORDINANCE APPROVING THE SOUTHLAND MIXED USE PROJECT STAGE 2 PMU DEVELOPMENT PLAN AND AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT WITH TDR MANAGEMENT CO. LLC WHEREAS, the Planning Commission recommended approval, with conditions, of the Southland Mixed Use Project Stage 2 Planned Mixed Use Development, 6875 Smith Road through 6879 Smith Road, in accordance with Zoning Code Section 1137.08(d)(3)(B): and WHEREAS, pursuant to Middleburg Heights Zoning Code Section 1137.08(d)(3)(C), City Council shall act on the Preliminary PMU Development Plan application by holding a public hearing, and following the public hearing, approve, disapprove, or modify the Preliminary PMU Development Plan in conformance with regulations, standards, criteria, and purpose presented by this zoning code; and WHEREAS, City Council has duly considered the factors for consideration of the Preliminary PMU Development Plan as required by Section 1137.08(d)(4) of the Middleburg Heights Zoning Code; and WHEREAS, City Council, after conducting a public hearing and considering all factors and applying the standards promulgated in Section 1137.08 of the Middleburg Heights Zoning Code, City Council hereby approves the Southland Mixed-Use Project Stage 2 PMU Development Plan application and authorizes the Mayor or the Mayor’s designee to enter into a PMU Planned Mixed Use Development Agreement with TDR Management Co. LLC as attached hereto as “Exhibit A”, subject to any additional suggestions and/or recommendations by the City’s Planning Consultant. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1: That City Council hereby approves the Southland Mixed-Use Project Stage 2 PMU Development Plan, including the waivers requested, as recommended to City Council by the Planning Commission. Section 2: That the Mayor or the Mayor’s designee is hereby authorized to enter into a PMU Planned Mixed Use Development Agreement with TDR Management Co. LLC, a copy of which is attached hereto as “Exhibit A", subject to any additional suggestions and/or recommendations by the City’s Planning Consultant. Section 3: it is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements, including Chapter 107 of the Middleburg Heights Code and Section 121.22 of the Ohio Revised Code. Passed: President of Council Attest: Approved On: Clerk of Council Presented to Mayor: Mayor Yea Nay Bortolotto Ali Sage Meany McGregor Ference Zakel