Board of Zoning Appeals & City Planning Commission

Board of Zoning Appeals & City Planning Commission Minutes Tuesday, January 9, 2024 7 P.M. City Hall Council Chambers Members Present: David E. Weiss, Mayor Sean P. Malone, Council John J. Boyle III, Member Joanna Ganning, Member Jason Russell, Member Others Present: Joyce G. Braverman, Director of Planning William M. Gruber, Director of Law Daniel Feinstein, Senior Planner The meeting was called to order by Mayor Weiss at 7:00 p.m. * * * * CITY PLANNING COMMISSION ZONING TEXT AND MAP AMENDMENTS – CM COMMERCIAL MIXED USE: A continuation of a Public Hearing was held on the request of the City of Shaker Heights, 3400 Lee Road, to the City Planning Commission for zoning text and map amendments. The proposed map amendments include rezoning the C-2 General Commercial zoning district to CM Commercial Mixed Use zoning district at Fairmount Circle and rezoning the C-3 Business Commercial zoning district to CM Commercial Mixed Use zoning district on the south side of Chagrin Boulevard west of Lee Road from 16102 – 16400 Chagrin Boulevard. Proposed text amendments include adding off campus student housing as a conditional use to Chapter 1234 Commercial Mixed Use zoning district including conditional use standards in Chapter 1263 and definitions for off-campus student housing, dormitory, and others in Chapter 1211. The drive-through use regulations are proposed to be updated throughout Chapter 1263 Conditional Uses sections in various Chapters. The City Planning Commission reviews and makes recommendations to City Council on all zoning ordinance amendments. Mr. Gruber swore in any person wishing to speak in regard to either of these cases. Ms. Braverman said changes made from the December 5, 2023 meeting include: 1) the definition of “college, university” which now better reflects public and private higher educational institutions as defined by Ohio state law; 2) the definition of “Campus” restricts expansion of an institution across street rights of way; and 3) adds conditional use standards for off campus student housing including the submission of a campus master plan, information on occupancy and demand, parking needs, and maintaining neighborhood character. The City proposes text amendments to the following: Add off- campus student housing as a conditional use in Chapter 1234 CM Commercial Mixed-Use, including conditional use standards in Chapter 1263; Create and modify definitions for off-campus student housing, group living quarters, dormitories and others in Chapter 1211. A public hearing was held December 5, 2023, along with presentations at work sessions on August 1, 2023 and November 8, 2023. The proposed Zoning Code amendments reflect community values and adopted City plans, and encourages a compact mix of uses. Concurrent with these Zoning Code amendments John Carroll University has requested Zoning Code text amendments. Their request includes adding “off campus student housing” as a conditional use in the MF Multi Family district as well as requesting the allowable distance from campus for off-campus student housing increase from 500 feet to 1,500 feet. Ms. Braverman said the zoning amendments support the city goal of economic development for vibrant commercial districts like the Van Aken District. The re-zoning supports adopted city plans such as the Lee Road Action Plan and the Van Aken District Transit Oriented Development Plan. The re-zoning to Mixed-Use commercial also supports the County’s planning work to increase the transit-oriented development zoning on high-frequency transit corridors like Warrensville Center Road and Chagrin Boulevard. Mr. Feinstein reviewed the proposal outlining the two zoning map changes. One is at Fairmount Circle and changes the C-2 General Commercial zoning district to CM Commercial Mixed Use zoning. The other is on the south side Chagrin Boulevard west of Lee Road from Walgreens west to Hildana Road. That would change the C-3 Business Commercial zoning district to CM Commercial Mixed Use zoning. The text changes include changes to add off campus student housing as a conditional use in the CM Commercial Mixed Use district. There is a definition plus conditional use standards for the off campus student housing use. There are also supporting definitions added as group living quarters, campus, college, university and dormitory. Another text amendment is updating the conditional use standards and redefining the drive through use. He introduced Kris Hopkins, CT Consultants, who is working with staff as a consultant for the proposed amendments. Jeremiah Swetel, JCU representative, summarized his presentation slides. They propose to start with 1 ½ buildings in Shaker Heights so they can occupy them with students by the fall of 2024. They have submitted their request with guidance from the City administration. John Carroll University believes it is a benefit to Shaker Heights. Faculty staff and students live in the city. They submitted letters of support for the request. They have communicated with existing tenants about transitioning. John Carroll University instituted a 4-year residential requirement for students. He outlined assistance to tenants in existing buildings including assistance to make the transition easier. Students have lived in these apartments for 10 years now. The City proposes the amendment to regulate off campus student housing which led them to this proposal. They do not think demand is an appropriate conditional use permit standard. Their proposal is supported by staff reports on December 5, 2023 and January 2, 2024. They formally propose to add a multifamily zoning conditional use permit for off campus student housing and modify the allowable distance from campus from 500 feet to 1,500 feet. As to public comments about John Carroll University students, the University believes that there should not be much of a difference in student activity from what has occurred in the buildings up until now. Dave Matty, of Matty, Henrikson & Greve LLC, representing John Carroll, said they have read resident and tenant letters. He has attended the neighbor meetings. He has personally downsized into an Board of Zoning Appeals & City Planning Commission 01/09/2024 Minutes Page 5763 apartment and understands month to month lease concerns. The University has worked with the City and will continue to. He asked the Board to re-consider Section 1263.25 A 3 – consideration of conditional use permit standards requiring a finding of demand. This is a John Carroll University issue, not a City concern. Mr. Gruber said demand is not whether the University has a need, but to show demand is tied to the use request, renovation and conversion, density, and parking demand. It is one consideration of several to consider in the conditional use standards. Mr. Malone said off-campus student housing allows John Carroll University staff to supervise the students more closely and effectively. Shaker Heights could also enforce nuisance and other laws. Mr. Gruber said yes, existing apartments have had students living in them already. The City could enforce the existing nuisance and criminal activity nuisance ordinances. He is not aware that there have been nuisance or criminal issues with students in the John Carroll University apartment buildings. Mr. Malone said he has concerns with existing tenant transitions. There are 51 units renovated in the first phase with only 14 non-students in those buildings. The university needs to make a good faith effort to allow existing tenants back in the buildings if not filled with students. Mayor Weiss said there are 1 ½ buildings in Shaker Heights in the first phase, with few non-students occupying the units. He questions the number of non-students in other buildings that would not be renovated for a year or two. He has a general concern of how the existing tenant leasing would be handled. Mr. Swetel said the Shaker half of the Fairmount Circle South and Fairmount Gardens buildings are proposed to be renovated this year. The other buildings, not until 2025-2026, which gives sufficient time for John Carrol University and tenants to work out relocation. They will give good notice of that intent for the other buildings which have over 1 year to work on that transition. There is an immediate demand of 220 students removed from other housing with only 161 beds in the first three renovated buildings. Then in 2026 they will need 400 beds for students. Mr. Gruber asked why non-student leases are not being renewed in the other three buildings now. Mr. Swetel said tenants do not have to renew in those other buildings, but can if they want. Mr. Gruber said John Carroll University would still need a conditional use permit review for each student housing building if these zoning amendments are approved. That review provides the City the ability to control and regulate noise, parking, and other issues and allows additional public input. Mr. Swetel said the John Carrol University Police Department has responded 2 times in the past 5 years to these apartments for issues with students. They will reach out to the Shaker Heights Police Department to coordinate. Mayor Weiss said in the 1 ½ buildings proposed to be renovated first, there are only 14 non-students. He asked if tenants of the other 3 buildings in the second phase can ask for 1 year extensions. Board of Zoning Appeals & City Planning Commission 01/09/2024 Minutes Page 5764 Mr. Swetel said in the other three buildings, John Carroll University’s management company will have individual conversations with tenants to assess their needs and to figure out their leases. Yes, they could have 1 year leases. Mr. Matty said that John Carroll University’s code of conduct is in effect for all students. It is easier to enforce when students are in university housing. He said the factors outlined in the conditional use permit standards will be addressed during the review process. These factors include parking. They can arrange for any additional student vehicle to park on campus if a parking space is not available on site. The apartments are proposed as one bed per bedroom. The university is using this approach to reduce concerns of an increase in density. Mr. Boyle said existing zoning code regulations could allow two or three beds per bedroom unit, but the proposed off-campus student housing is less dense. Could that proposed density be considered as part of a conditional use permit review? Mr. Gruber said he could research how the Board could consider the density of occupants in the conditional use permit process. Mr. Boyle said he could support the zoning code amendments with some effort to limit the density. He does not want the allowed density to increase. Dr. Ganning said she needs some additional clarification of how the existing tenants are being treated. Mr. Swetel said the first two buildings leases are not being renewed. In other buildings tenants do not have to renew but may renew for 1 year or less. Fall of 2026 is when all units need to be vacant to allow construction. Mr. Russell said the proposal is 1 bedroom will equal 1 student. John Carroll University cannot predict their student housing need for 2030. The City would need some control of future conditions including density through a conditional use permit. Is this type of student demand conceived of in the Master Plan? Mr. Swetel said the 2008 Master Plan does contemplate a number of issues including off-campus student housing and the gateway development. Mayor Weiss opened the Public Hearing. He summarized the policy and procedure to provide comments. Bill Powell, 20200 North Park Boulevard, said the zoning ordinance amendment is proposed because John Carroll University has paused the gateway project. John Carroll University already has approval of University Heights. Shaker Heights should evaluate the University Heights student housing buildings first, before changing the zoning. The City’s consultant should study that situation. John Carroll University has created the 4 year residence regulation. Why should John Carroll University’s residency requirements mean Shaker Heights has to create off-campus housing? The 2008 Master Plan is under review. The City should review a revised Plan before acting. The staff report supports the 500 foot distance limitation for student housing in the City’s proposed zoning amendments. How is a 1,500 foot distance also acceptable? The two proposals should be separated. Board of Zoning Appeals & City Planning Commission 01/09/2024 Minutes Page 5765 Ms. Tayek, 20676 Fairmount Boulevard, said she lives in Fairmount Villas. Northeast Shaker is desirable with an $11,000 median income and more than $255,000K median home price. Residents supported the income tax. AARP data indicates the 50+ age group is increasing, as is their contribution to taxes. Existing residents support the neighborhood. Student housing could negatively impact the neighborhood at large. Parents may want to purchase homes for their student. Students do not maintain the economy and the neighborhood. The City will lose out. Mr. McClelland, 20020 Fairmount Boulevard, said re-zoning should benefit the City. He does not consider a conditional use permit enforceable as proposed by the City. This is not the type of use a conditional use should regulate. Jan Chapman, 2229 Ashley Road, said she is a 35-year resident. The City should review the 2008 campus Master Plan. Additional cars will be needed by students. The campus will encroach into the neighborhood with transient students. John Carroll University’s letter says impacts to neighbors will be negligible. She thinks students are different from general renters. Who will neighbors turn to when there is a nuisance? Doug Tayek, said he works with AARP. This Shaker Heights neighborhood is a great example of a transit oriented development that other cities should emulate. The City should be an age-friendly community. 45 percent of the Fairmount Circle area is over the age of 50. Since John Carroll University cannot build dormitories on their own campus, they are asking to expand student housing into the neighborhood instead. Kevin Geraci, 20101 Shelburne Road, said the height limit of 70 feet at Fairmount Circle is too tall. He mistrusts the John Carroll University administration. It is not enough to have a conditional use permit when a nuisance to call police is still required. That should be up to John Carroll University to monitor. It should not be up to the neighbors. Jonathan Brown, 20201 Shelburne Road, agrees with others who spoke. The 70 foot height is out of scale. It is more for the Van Aken District, not this neighborhood at Fairmount Circle. Briana, 20300 North Park Boulevard, said she is a North Park Manor resident who recently moved in. She does not want to move when her son goes to kindergarten. This plan is not in line with the common good of the neighborhood. Normella Walker, 20071 Fairmount Boulevard, said she is concerned with apartments being all students. The same standards are applied to all students now. This will ruin the neighborhood. Janice Taylor Heard said she has traffic concerns. Marcia Goldberg asked if the apartments are non-smoking. Linda Snipe, 20020 North Park, does not want to live next to a college campus. What is the recourse for loud music complaints? They said call Shaker Heights Police Department. Bob Salata, 20101 North Park Boulevard, said he lives in a building adjacent to a John Carroll University building. There has not been good communication to residents. This is a revenue generator Board of Zoning Appeals & City Planning Commission 01/09/2024 Minutes Page 5766 for John Carroll University. Shaker Heights should wait to evaluate how it works in the University Heights building. Marilou McHenry, 20263 Warrensville Center Road, said there have been issues with John Carroll University. This neighborhood is for everybody. The Villa’s apartment is a popular apartment with 2 bedrooms and a den plus a total of 1,500 square feet in the units. Will that unit be for students with families? The residents want to stay there. Her grandchildren wouldn’t want to go to a college with a 4 year residency requirement. Paula DiCostino, Fairmount Villas, said Coral marketed it as an apartment home. Three are now vacant. Why not let them stay? Just renovate the three vacant units and let the rest stay. Ms. Holmes, 21315 Fairmount Boulevard, said Warrensville Center Road student housing is not good. What difference will student housing be in Shaker Heights? Mayor Weiss closed the Public Hearing. We will now address some of the questions raised during the public hearing. Ms. Braverman asked if the apartments that are vacant can be renovated. Do the buildings need to be vacant to renovate. Mr. Swetel said they will only move a few residents with the first phase of construction. Yes, the buildings should be vacant before renovation. Ms. Braverman asked who residents can call if there are issues. Mr. Swetel said if you see something, say something. Call Shaker Heights Police first. After that their student conduct personnel can handle issues with students. Dr. Lisa Brown, John Carroll University representative, said there is a student code of conduct which allows for mediation then a hearing if there are issues. There will be specific John Carrol University staff overseeing those properties. They have a system in place and work with the University Heights Police. This process brings the student into the John Carroll University process. Mr. Gruber said if there is noise, always call the Police, day or night. They can determine if there is a nuisance violation. Ms. Braverman asked about parking. What number of cars are expected versus the existing number? Mr. Swetel said parking will be the same with one unit getting one space. Overflow student parking will have to park on campus. They are not changing the site plan, density, or existing parking for each building. Ms. Braverman asked about smoking. Mr. Swetel said all of John Carroll University property is non-smoking, which applies to the campus and all these university owned properties. Board of Zoning Appeals & City Planning Commission 01/09/2024 Minutes Page 5767 Mayor Weiss asked about the concern over the 70 foot height in the CM district at Fairmount Circle. Ms. Braverman said other CM Commercial Mixed-Use zoning areas allow 70 foot height limit. If that is deemed too tall for this area, the Board could make an adjustment to the proposed standard. Mr. Gruber said the proposed “Campus” definition does not allow the John Carroll University campus to expand across the street. The proposed distance limits are to the distance from campus that there can be off-campus student housing. The City proposes that distance to be limited to 500 feet, which would include the proposed CM district. John Carroll University proposes a distance of 1,500 feet from campus to include their apartment buildings. The distance requirement does not mean any building within 1,500 feet can be student housing. Only Commercial Mixed-Use and Multi Family zoned properties. It does not apply to Single Family or Two Family residences and cannot incorporate Colby Road or other nearby streets. Mayor Weiss asked the different between dormitories and off-campus housing. Ms. Braverman said dormitories are proposed for on campus only with shared facilities for students like a traditional dormitory, while off-campus student housing is more like a traditional apartment unit. Mayor Weiss said they will now divide the discussion between the two zoning amendment applications due to the need for separate action for each. Mr. Malone said the 70 foot height allowed for the commercial district may need to be 50 feet. He supports the City’s proposed zoning amendments and think they should be forwarded to Council. Dr. Ganning said she agrees that a 50 foot height limit at Fairmount Circle which is in scale to existing buildings. Mr. Russell said he also agrees with the 50 foot height limit. The Board of Zoning Appeals could consider a variance for taller development when proposed. Mr. Malone said he supports the City’s proposed zoning amendments including the 50 foot height limitation in the CM Commercial Mixed-Use zoning district. He appreciates the changes to the definition of campus, not allowing it to extend across a street. Mayor Weiss said the proposed amendments add certainty and control of off-campus student housing with the changes in the definitions. He generally supports the City’s proposed amendments. It was moved by Mr. Russell and seconded by Mr. Malone to recommend the City’s request of the zoning map and text amendments to City Council with the condition that the maximum building height limitation is 50 feet in the CM Commercial Mixed Use zoning district at Fairmount Circle based on the findings of fact and conclusions of law as set forth in the Action Sheet. Roll Call: Ayes: Weiss, Malone, Boyle, Ganning, Russell Nays: None Motion Carried Board of Zoning Appeals & City Planning Commission 01/09/2024 Minutes Page 5768 Mayor Weiss said the Board should now consider the other application proposed by John Carroll University. * * * * ZONING TEXT AMENDMENTS – MF MULTI-FAMILY RESIDENTIAL: A continuation of a Public Hearing was held on the request of John Carroll University, to the City Planning Commission for a zoning text amendment. The applicant proposes a zoning text amendment to add “off campus student housing” as a conditional use to Chapter 1224 Multifamily Residential zoning district. Additional information has been submitted. The City Planning Commission reviews and makes recommendations to City Council on zoning ordinance amendments. See the joint staff and John Carroll University presentation and public hearing comments under the City’s proposed zoning amendments. Mr. Malone said this request is linked to the City’s request. He supports the distance allowance of off- campus student housing to 1,500 feet and to allow it in Multi-Family zoning as the two go together. The overall zoning changes clean up the code issues and the conditional use permit process is a valuable tool for the City to regulate off-campus student housing. There has not always been a great relationship between John Carroll University and the City. This is a step to work to improve that communication. The conditional use permit process will provide residents more input. He hopes existing tenants can be accommodated and allowed to stay. Mayor Weiss said if this zoning amendment is enacted it does not allow off-campus student housing by right. Mr. Gruber said if the John Carroll University zoning amendment passes, then each building owned by the university has to apply for a conditional use permit. The proposed regulations would only allow application for off-campus student housing within 1,500 feet of campus in the Multi-Family or Commercial Mixed-Use zoning districts, in a University-owned building. Mr. Boyle said he supports the John Carroll University zoning amendments. It is an advantage to make these changes to off-campus student housing as it allows the City to enact limits and controls on the university housing. The conditional use permit process allows limitations to be included in any approval and to have enforcement control. Dr. Ganning said the public perception is that the described off-campus student housing is the same as dormitories. While there can be controls with a conditional use permit, she thinks it will change the neighborhood character. She does not see an upside or benefit to the City. There has been overwhelming public input against the proposal. Mr. Russell said he supports the proposal due to the conditional use permit process allowing conditions on any approval of off-campus student housing. It is critical that John Carroll University will be motivated to be a good neighbor in order to have a good annual review if that is a condition. That will continue to hold John Carroll University accountable. This is the City’s opportunity to control the use whereas now there is not that control. Board of Zoning Appeals & City Planning Commission 01/09/2024 Minutes Page 5769 Mayor Weiss said this is a complicated change and different than the lapsed agreement from 10 years ago. John Carrol University can and does lease the buildings to students. This proposal uses the conditional use permit process to keep the student housing harmonious with the neighborhood. The City also welcomes the $12M investment on aging properties. This proposal establishes better regulations of John Carroll University’s housing along with the student’s code of conduct enforcement. He remains concerned with the transition of existing tenants and welcomes an open discussion with John Carroll University. They will not seek tax exempt status. It is important to move the proposal forward to City Council. He supports the proposal as described with some reservations. It was moved by Mr. Boyle and seconded by Mr. Malone to recommend approval of the zoning text amendment to City Council with the condition that Section 1263.25 C of the proposed off-campus student housing conditional use standards be changed so that the limit for locating off-campus student housing is 1,500 from a university campus rather than the 500 foot limit in the city’s proposed zoning changes based on the findings of fact and conclusions of law as set forth in the Action Sheet. Roll Call: Ayes: Weiss, Malone, Boyle, Russell Nays: Ganning Motion Carried * * * * There being no further business, the meeting was adjourned at 9:30 p.m. The next regular meeting will be February 6, 2024. _________________________________ _________________________________ David E. Weiss, Chair Daniel Feinstein, Secretary Board of Zoning Appeals Board of Zoning Appeals City Planning Commission City Planning Commission Board of Zoning Appeals & City Planning Commission 01/09/2024 Minutes Page 5770