Board of Zoning Appeals & City Planning Commission

Board of Zoning Appeals & City Planning Commission Minutes Tuesday, April 2, 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. * * * * Approval of the March 5, 2024 Meeting Minutes It was moved by Dr. Ganning and seconded by Mr. Russell to approve the minutes. Roll Call: Ayes: Weiss, Malone, Boyle, Ganning, Russell Nays: None Motion Carried * * * * CITY PLANNING COMMISSION ZONING TEXT AND MAP AMENDMENTS – OFF CAMPUS STUDENT HOUSING – OVERLAY ZONING DISTRICT: A Public Hearing was held on the request of the City of Saker Heights, 3400 Lee Road, to the City Planning Commission for amendments to the zoning ordinance text and zoning map. The proposed text amendment establishes an Off Campus Student Housing Overlay zoning district. The new Off Campus Student Housing Overlay district is a mapped overlay district requiring a zoning map amendment. The Off Campus Student Housing Overlay district zoning map amendment is proposed on two parcels only at 20201 Fairmount Boulevard and 20600 Fairmount Boulevard. The overlay district is proposed to be listed as a conditional use in Chapter 1224 MF Multifamily Residential zoning district and subject to Section 1263.25 Conditional Use standards. The City Planning Commission reviews and makes recommendations to City Council on all zoning ordinance amendments. Ms. Braverman detailed the process this request has already been through. At the February 12, 2024 meeting Council referred the John Carroll University (JCU) zoning amendment request back to the City Planning Commission. On March 5, 2024 the City Planning Commission had a work session to study other methods of control and best practices to regulate off-campus student housing (OCSH). She explained this proposal is an OCSH overlay zone placed on top of the base zoning district, in this case MF Multi-Family Residential zoning. This overlay zone contains different standards specific to a property and address which requires a map change. Once the overlay zone is established the owners of these properties would require a conditional use permit in order to create an OCSH use. A conditional use permit requires a public hearing. The city hired a consultant, Kris Hopkins, of CT Consultants, to research best practices and propose changes to the zoning code. Kris Hopkins, CT Consultants, presented her slides. Student housing is distinct from regular group housing. The U.S Census Bureau makes distinctions between multi family housing and group housing in the district. The proposed code allows the city to regulate OCSH differently. Forty (40) percent of 28 codes she reviewed nation wide distinguished student housing as separate distinct use. Several jurisdictions used overlay districts to establish regulations. They base the regulations on student housing presenting different issues than general public housing. If converted to student housing, housing units should be able to be converted back to regular housing. It is common to regulate student housing to being close to campus with direct access to a main street. Cars are limited to limit parking issues. Some use rental agreements to control parking with assigned spaces. A good neighbor program helps educate students to live in an established neighborhood. She explained she is a 30-year land use planner, has worked in many communities, and has been inducted as a Fellow in the American Institute of Certified Planners. in 2016. Mr. Feinstein said this overlay zone is approved it would only apply to two specific apartment buildings in Shaker Heights, 20201 and 20600 Fairmount Boulevard. If in the future JCU would want to add an overlay zone to other properties they would have to apply for both a zoning map amendment and a conditional use permit. This would require both City Planning Commission and City Council approval. The proposed zoning map amendment requires compliance with the underlying MF Multi-Family Residential zoning density, unit size minimums, and parking requirements. Recently adopted conditional use standards would apply including submission of a campus master plan, occupancy and demand assessment, review of parking needs and maintenance of the neighborhood character. There are additional conditions with overlay zoning including: solid fence or evergreen buffering to single or two family zoning, the requirement for on or off site parking facilities for all tenants, outdoor activities permitted in the rear yard only, management of and neighbor notification of move in/move out activity, as well as a Good Neighbor Plan, Code of Conduct, and University and City contact information. The zoning map amendment has location requirements including MF Multi-Family Residential zoning district only, close proximity to a university, frontage or access to a major arterial street, and no single or two family zoning between the OCSH and campus. Mr. Gruber swore in all who would be speaking. Board of Zoning Appeals & City Planning Commission 04/02/2024 Minutes Page 5786 Mr. Gruber explained that all of proposed Chapter 1245 is now proposed with a red-lined version at members’ seats this evening. the addition of the change in the MF Multi-Family Residential zoning district listed conditional uses as well. Anthony Coyne, lawyer on behalf of JCU, said this process is an over reach of zoning and inappropriate. It is a violation of the equal protection of the university. The proposed housing is in existing apartment buildings and is not a fraternity housing next to houses. There have been no problems with students that have lived there for a decade. There should be no negative impacts on the city from the students. The process is not fair. The university has attended multiple meetings to hear the same comments from the public. Dr. Ganning said she has a specific question about Section 1245.03. Is it dependent on conditional use permit application? Ms. Braverman said yes. This proposal is to add OCSH as a conditional use in the MF Multifamily Residential zoning district. Each property included in the OCSH overlay zone would need to apply for a conditional use permit. Mayor Weiss opened the Public Hearing. Mr. Feinstein read summaries of letters received in regard to this application. This included Jonathan Brown, Devin Geraci, Bill Powell, Dr. and Mrs. Salata, Mary Ellen Brenan, John Malone, and Maria Tayek. A Shaker Villas resident, 20676 Fairmount Boulevard, said the process has begun to get rid of the residents. Problems have already happened as cars have been broken into. Cameras don’t work on the site, as the equipment was stolen. Sally Wilson, 21049 Fairmount Boulevard, said she is glad the city is taking control of the process. She is concerned with the attitude of John Carroll representatives. In mixed age housing, students act better. A 30 year old dorm mom or dad won’t help. Invite the Sociology, Psychology, and Religious Departments to invite a multi-generational study. She likes JCU and wants them to thrive. PhDs could get a number of research papers out of a multi-generational housing study. Her neighbor said the students will destroy the neighborhood. It is a diversity issue for seniors. This could be done in a non- exclusive way. Jonathan Brown, 20201 Shelburne Road, requested more specifics in the noise levels in this ordinance. Mr. Coyne says Shaker Heights is not listening. He thinks JCU has not been listening to the neighbors. John Malone asked if the City Planning Commission has gotten any facts about neighborhood property values. Have there been impacts to the neighborhood been studied? Bill Powell said the appropriate research work has been done on the zoning technique and regulations. He needs more time to review the regulations. He thinks JCU has not listened well. He has questions and hopes the Board will take time to work the questions out. Board of Zoning Appeals & City Planning Commission 04/02/2024 Minutes Page 5787 Mr. Geraci said she has been through other communities where a university has expanded and it has not gone well. JCU in it for the money. JCU mentioned legal action. He urges the city to stay strong. Don’t let the university take over the community. Mayor Weiss asked about the process. There will be other opportunities for public comment at Council meetings if this legislation is approved. Ms. Braverman said if the City Planning Commission approves the overlay district, then it moves to City Council. There are three (3) required readings at Council and one is noticed as a public hearing. A 20-day public notice is required before that meeting. Mr. Gruber said it is typical to have the public hearing at City Council’s third reading. There is an opportunity to comment at other Council meetings. Mr. Russell said if approved then the University will apply to the City Planning Commission with a request for a conditional use permit. Ms. Braverman confirmed that is correct. There is additional public comment and a public hearing in that process. Mr. Gruber suggested if passed by the City Planning Commission then JCU could start their conditional use permit process simultaneously. Mr. Malone asked to clarify language in 1245.02. Why not use parcel numbers to clarify the properties? Is OCSH allowed to be converted back? Initial intent is for OCSH to be within 500 feet of campus. Should they delete 500 feet from the original ordinance? Ms. Braverman said they can clarify the map in 1245.05 OCSH. Mr. Gruber said the 500 foot regulation only applies to CM Commercial Mixed-Use Zoning. The proposed ordinance is an overlay on specific parcels in the MF Multi-Family Residential zoning district only. He suggested explicitly exempting the overlay district zoning from the 500 foot distance requirement. Dr. Ganning asked about Section 1245.02 B 4. Is it needed? Ms. Braverman said no it is not and that Section is excluded from the redline version of the code distributed at this meeting. Mayor Weiss said a reference has been made about traffic and noise. How could such concerns be addressed in Section 1245 and in the conditional use permit review process? Ms. Braverman said the conditional use permit process information and conditions could address these issues that are specific to the use and site requirements. No on-street parking is allowed overnight. The city has a noise ordinance. That would be same ordinance used for off-campus. Mayor Weiss said these items could all be addressed during the conditional use permit review. Board of Zoning Appeals & City Planning Commission 04/02/2024 Minutes Page 5788 Mr. Gruber said conditions like those mentioned could be included as a conditional use permit condition if there is a special condition because of the specific use. Mr. Boyle said the proposed overlay district is a Plan B since the original ordinance was referred back to the City Planning Commission by Council. The proposal is crafted to address comments from Council. Mr. Coyne said the University intends to work with the city. They are concerned with the time and money spent already. The buildings are nearly vacated and renovation work is ongoing. He is concerned with 8 months of discussion. They are not going to add rooftop patios. These proposed code modifications treat adult student individuals differently. Special conditions in a conditional use permit review are to affect health, safety, and welfare. JCU will work with the city and try to find a win/win solution. Mayor Weiss asked for clarification of the buildings which are vacated already. Mr. Coyne said only the 1 ½ buildings in Shaker have been nearly vacated. Not the other 3 buildings the University owns in the city. Mr. Gruber said the city has not treated students differently. Renovations to the building and students living with multi-generational housing is acceptable. They are treating student housing differently. The conditional use permit review process is to prevent possible foreseeable problems of the proposed use. Jeremiah Swetel, JCU representative, said 1 ½ of the buildings are in University Heights. Those buildings are vacant and ½ of Fairmount Circle South in Shaker is as well. There are no non-students in either building. In the other three buildings in Shaker Heights, they have re-located some tenants who have approached them and also allowed temporary leases. Mr. Malone asked for an explanation of the standards of distance from campus. Mr. Gruber said there are two standards, the 500 feet in Section 1263 applies to the CM Commercial Mixed Use zoning district only. The proposed Chapter 1245 has different standards. Mayor Weiss said the City’s interest is to balance interests and follow the law. The proposed Chapter 1245 lays out a clear purpose. He does not see detrimental effect to the existing students in the apartments. This legislation allows flexibility to the city and regulations if JCU were to apply for additional buildings. The City Planning Commission is experienced in dealing with conditional use permit regulations. This proposal allows a way to see how it plays out and then be able to get further public comment Dr. Ganning said they have heard concerns from residents. Some of their concerns have been taken in to account in this legislation. It is good to take time to answer questions and concerns. It was moved by Mr. Russell and seconded by Dr. Ganning to approve the request to recommend approval to City Council based on the findings of fact and conclusions of law as set forth in the Action Sheet with the following conditions: 1. Figure 1245.02 A 1 - add addresses to the map designating the overlay zone. Board of Zoning Appeals & City Planning Commission 04/02/2024 Minutes Page 5789  2. Section 1245.02 A 2 b – add language “Section 1263.25 C does not apply to the OCSH District.” 3. Various other typographical corrections. Roll Call: Ayes: Weiss, Malone, Boyle, Ganning, Russell Nays: None Motion Carried City Council action is required. * * * * BOARD OF ZONING APPEALS #2246. FLYCKT RESIDENCE – 15725 SHAKER BOULEVARD: A Public Hearing was held on the request of Bob Oster, Green Source Co., on behalf of Eric and Rebecca Flyckt, 15725 Shaker Boulevard, to the Board of Zoning Appeals for variances to the location requirements for accessory structures and to the front yard fence height. The applicant proposes to locate a swimming pool, spa, and pavilion in the side yard of this double lot. The view of the pool, spa and pavilion is softened by existing and proposed landscaping toward the neighboring property and the street. A four-foot tall ornamental aluminum fence is proposed to surround the pool area and extends into the front yard. Code allows a front yard fence to only be three feet tall. The proposed fence is set back 135 feet from the sidewalk. Mr. Feinstein showed photos of the site. He stated this is a request for variances to the accessory structure and fence regulations. Due to an error, the required public notice was not completed properly. The request can be discussed and the public can comment, but an official public hearing and action cannot be taken. A special meeting and public hearing are scheduled for April 9, 2024 at 4:00 p.m. The applicant proposes to locate a swimming pool, spa and pavilion in the side yard of this double lot. Accessory structures are allowed in the rear yard only. A 4-foot-tall ornamental aluminum fence is proposed to surround the pool and does extend into the front yard to be set back 135 feet from the street. A front yard fence is only allowed to be 3 feet tall. The Architectural Board of Review reviewed the pavilion and was continued with two suggestions: 1) the outdoor shower be a composite material instead of wood and 2) the roof be all one angle. Staff supports the request. Mr. Oster said he is glad to have the opportunity to discuss the request. The residence is located at the rear of the property. The request is to use the side yard for recreational and entertainment purposes. They plan a pool and a small building surrounded by a great deal of plantings and screening. In January of this year the side lot property was joined with the house property to create a single, larger lot. There is almost no rear yard on this property. Mr. Boyle asked what is the front yard. If the house is built at the setback, then this is the rear yard. Dr. Ganning said the Board has looked at tougher tighter spots. Where could this go otherwise? This seems similar to a property on Coventry on a corner lot with a limited rear yard. Board of Zoning Appeals & City Planning Commission 04/02/2024 Minutes Page 5790 Mr. Russell asked about the grade change to Shaker Boulevard. Mr. Oster said the property rises 4 to 5 feet right within 20 feet of the street. One of the neighbors did send a letter of support. Mr. Russell said the landscape plan is extensive. Mr. Feinstein said the existing treehouse in the front yard was approved and will be removed. Mr. Malone encouraged the applicant to plant native species in the landscape plan. Mr. Oster said they are keeping all of the existing trees. Mayor Weiss asked where the fence would be located. Mr. Oster said the fence will be back by the house and pool. Mayor Weiss said the landscaping and grade change will help screen with the visual from Shaker Boulevard. Mayor Weiss asked if anyone wished to speak. There were no other speakers in regard to this application. The application was continued to the January 9, 2024 meeting. * * * * CITY PLANNING COMMISSION #2245. FULL MOON EMPIRE INC. – 3621 GLENCAIRN ROAD: A Public Hearing was held on the request of Richard Parker, architect, representing Charlie Band, Full Moon Empire, Inc., 3621 Glencairn Road, to the Board of Zoning Appeals and City Planning Commission for site plan review and for variances to the side yard setback for a new single-family house. The applicant proposes to construct a new two-bedroom house on this vacant lot, with a two-car detached garage located at the rear of the lot. The house will have an open floor plan with a front stoop and basement. The house is located 4 feet off the north side property line. Code requires a 5-foot side yard setback. The vacant property meets code requirements for lot size in the SF-3 Single Family Residential zoning district. All other location and setback requirements are code conforming. Site plan review is required for all new houses. Mr. Feinstein showed pictures of the site. He stated this is a request for site plan review and a variance in order to build a new house. The applicant proposes a 2-bedroom single family house on this vacant lot. The house is located 4 feet off the side property line. Code requires a 5-foot side yard setback opposite the driveway. The house meets all other location and setback requirements in the SF-3 single family zoning district. The Architectural Board of Review approved the house at their March 4, 2024 meeting with the following conditions: 1) floor plans updated to match the revised design; and 2) shutters are Board of Zoning Appeals & City Planning Commission 04/02/2024 Minutes Page 5791 added to the second floor front windows. Staff supports this request with the condition that evergreen shrubs replace the viburnum bushes screening the air conditioning condensing unit. Richard Parker, architect, explained there are a mix of architectural styles on the street. The north setback is only 4 feet when 5 feet is required. This is a 40-foot lot with the driveway in the same place as the former house. The house ends up 26 feet wide. Taking one foot off the house to meet the 5 foot setback does compromise the interior. Surrounding house setbacks are 3 feet. Mr. Gruber asked if this is being built as a rental property? Charles Mann, property owner, said this is what he wants in his properties. He wants to own and rent them long term. Mr. Gruber indicated a rental license would be required. Mr. Malone said he would encourage them to plant native species in the landscape. This house seems appropriate as it is on the footprint of the prior building. Mr. Parker said the prior house may have been larger but had similar side yard setbacks. They will not use invasive plants and make sure they are suitable for this temperature zone. They are saving trees in the rear yard and adding one in the front yard. The tree lawn tree will be maintained. Mayor Weiss opened the Public Hearing. No comments were received regarding this application. Mr. Russell said he is supportive of this modern style take on a traditional house style and is supportive of the site plan. He suggests the rear tree be evaluated and saved only if healthy enough. It was moved by Mr. Russell and seconded by Mr. Boyle to approve the request based on the findings of fact and conclusions of law as set forth in the Action Sheet with the condition that evergreen bushes replace the viburnum bushes screening the air conditioning unit. Roll Call: Ayes: Weiss, Malone, Boyle, Ganning, Russell Nays: None Motion Carried * * * * ACCEPTING AND APPROPRIATING CLEVELAND FOUNDATION FUNDS FOR THE CLEVELAND FOUNDATION SUMMER INTERNSHIP PROGRAM: This is a request to accept and appropriate $8,500 from the Cleveland Foundation into the Planning Department General Fund for the Planning Department to host an intern as part of the Cleveland Foundation Summer Internship Program. Board of Zoning Appeals & City Planning Commission 04/02/2024 Minutes Page 5792 Ms. Braverman explained the Planning Department applied for a grant from the Cleveland Foundation. She is asking for a recommendation to Council to accept the funds in order to have a paid intern this summer. Mayor Weiss said he is pleased with the grants coming into the city. Mr. Boyle said he supports the intern funds. It was moved by Mr. Boyle and seconded by Mr. Russell to recommend the request to City Council 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 City Council action is required. * * * * There being no further business, the meeting was adjourned 9:00 p.m. The next meeting will be May 7, 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 04/02/2024 Minutes Page 5793