City Council

Council Minutes February 12, 2024 City Hall Council Chambers The Council of the City of Shaker Heights met in a special meeting at 6:02 p.m., Mayor David E. Weiss presiding. Council Members Present: Mr. Malone Mrs. Moore Mr. Roeder Ms. Anne Williams Ms. Carmella Williams (arrived at 6:03 p.m.) Ms. Bixenstine Council Members Absent: Mr. Claytor * * * * Video of this meeting may be found here through February 12, 2027. * * * * At 6:06 p.m. it was moved by Ms. Bixenstine, and seconded by Ms. Carmella Williams that Council go into an executive session to discuss imminent or pending litigation. Roll Call: Ayes: Mr. Malone, Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Motion Carried * * * * At 7:00 p.m. Council returned from the executive session and a Public Hearing was held on Zoning Code Amendments. Planning Director Joyce Braverman gave a presentation, and John Carroll University Assistant Vice President of Facility and Auxiliary Services Jeremiah Swetel with Interim Dean of Students and Senior Director of Residence Life Dr. Lisa Brown Cornelius also gave a presentation. Clerk of Council Ms. Chaikin gave a summary of comments received from the following persons: • Nancy Benacci • Katherine Hahn Oh • Mike Andelbradt • Tainne Andelbradt • Nikki Marzano • Bernard Prusak • Julia Warga • Luke Palmisano • JCU President Alan Miciak • John Malone • Jean Harper • Dr. Kevin Geraci and Angela Geraci • Barbara Hill-Newby • Maria Tayek • Maryellen Brennan The Mayor invited members of the audience and those participating via Zoom the opportunity to “raise their hand” to provide public comment. Ira Krumholtz of the Fairmount Villas stated that he feels John Carroll University (JCU) is evicting him and his wife from the home they have lived in for over 12 years. By converting the building to student housing they are forcing him to move out of Shaker Heights where he has lived and paid taxes for 32 years because there are no good choices for apartments for empty nesters in Shaker Heights. The apartment building was a nice buffer between the students on campus and the single-family residents behind those buildings. Permitting student housing 1500 feet from the campus removes that buffer. He feels the Fairmount Villas is different from the other buildings JCU owns. He was happy to learn that the Mayor and several members of Council toured his building. He asked that Council remove his building from inclusion in the zoning changes. Maria Tayek of the Fairmount Villas stated that she has lived there for about 6 years. She loves the area and Fairmount Circle embodies what a livable community should be. It has a thriving economy, and a diversity of ages living together in community. The JCU plan will mean the destruction of a model livable community at Fairmount Circle. She and her husband may have to move out of Shaker and they don’t want to do that. She wonders how JCU will accommodate the number of students in their five buildings. She feels the dismantling of this livable community does not fit in with the Shaker Heights Housing and Neighborhood Plan. Dr. Kevin Geraci of 20101 Shelburne Road thanked Council for their timely communications regarding meetings. He stated that there was a meeting with JCU tenants who were asked if they were comfortable with the process and no one raised their hand. Council is in the uncomfortable situation of making sure JCU treats the tenants properly. This is happening because the Gateway Project didn’t go forward. He asked what happens if their next pivot is unsuccessful. Sally Wilson of 21049 Fairmount stated that she is not at risk but likes the culture of where she lives. From a sociological point of view students in mixed age environments are less difficult to manage than Special Council Meeting February 12, 2024 Page 44 those in an all student environment. Shaker Heights is committed to diversity. It exists in our neighborhoods, but it is not just in race and sex, but includes age. JCU Counseling Center Director Katherine Hahn of 16800 Van Aken stated that she hears a lot about students and what they are going through while in college. She supports the zoning changes to bring students on or near campus for the entire four-year experience to provide a safe and comfortable environment for them to grow as they are becoming adults. She likes the idea of Shaker Heights as a community and home for students after college. Being part of the community in this housing will help them feel welcome in Shaker and learn to become good neighbors and good citizens. This will help JCU remain a vibrant university that will contribute to the economy and the future of Shaker Heights. Iris Fields of 20950 Fairmount Blvd. stated that she has had a wonderful time in her home for the past 30 years. Her son is a graduate of JCU. However, she is concerned about the normal, enthusiastic behavior of college students which may be a problem for other residents. Zoning changes may also change the value of nearby residential property. Nancy Benacci of 22050 Shaker Blvd. stated that she is a graduate of JCU and Vice Chair of the Board. She has been very involved in the planning for this proposal for the last few years. They have worked very hard and long to do the right thing for JCU for the long term. It is their fiduciary responsibility to make sure it is a viable institution as they move forward. That has been critical in terms of the things they have done. They have tried to improve the housing and the campus with the new athletic wellness center to have students live on campus for all four years to create a community. At this time they feel that using the apartments is the best thing. They looked long and hard at the Gateway Project. At the time interest rates were at a different level than they are now and inflation was different. Their enrollment projections were also different. They have opened the school of nursing, the college of health, and are developing other academic programs to increase enrollment. Increasing enrollment with all of these things will help the City of Shaker Heights and the City of University Heights. She understands and appreciates the folks who live in the apartments who do not want to move. They have worked hard helping residents there by waiving rent, and finding places for them to move. They made the commitment to the City to watch noise issues and parking issues. They will work with the Shaker Heights Police Department, and University Heights Police Department and be good citizens. She moved to Shaker Heights and raised her children here. It bothers her to see what the homes look like on Warrensville Center Road. They can’t control what happens there but they will not let that happen in their buildings. It is their commitment that students will be well behaved and hopes Council will vote in favor of this. Aaron Ballonoff of 21049 Fairmount Blvd. stated that in a community the needs of the people are serviced close to where the people live. They are seeing the destruction of some of that by the destruction of the gas station and the soon demise of the Mr. Tire Company which were integral parts of the community. With the restructuring of the buildings, they are changing the character of the community by segregating younger people away from older people. They are stratifying the community and changing it fundamentally. He asked at what point do they no longer consider it a community but just a bunch of people living together. His main concern is that this is another inroad to having just a bunch of people living together. Michael Madden on behalf of his mother Joyce Madden of North Park Manor stated that she will be 90 years old in April. He wonders if the City Planning Commission and Council have thought about the residents being removed from the JCU buildings. Right now, JCU is being agreeable and accommodating to everyone, but they want the tenants out. He asked where his mother is going at age 90 and how she Special Council Meeting February 12, 2024 Page 45 will move out of her apartment. There will be a hardship on the elderly residents in these buildings. His mother has lived there 30 years. He hopes Council will consider their needs when making zoning decisions. Janice Taylor-Heard of 20875 Fairmount Blvd. asked about traffic studies. She stated that living on Fairmount the traffic can be challenging. There could be potential issues that need to be remediated. The result may be raising taxes in order to do construction and roadwork that should have been properly planned before changes were made. She asked Council to consider the traffic and its role in the community. She is seeing a lot of younger families moving on her street with busses picking up children. The walkability of the neighborhood has to be taken into consideration when looking at the changes that have been discussed. Bill Powel of 20200 North Park Blvd. stated that many Shaker residents have expressed their concerns about the zoning amendment requested by JCU. He appreciates the willingness of Council to listen to these concerns. The public needs to hear from members of Council about why they believe this measure would be good for the community and if they have concerns about the 1500 feet request by JCU. If Council has an alternative the public would be interested in hearing about it. JCU presented its Gateway Project a year ago and tonight they learned that there were concerns about the plans to change the residency and leases of building tenants. JCU decided to pivot to the apartment buildings, but last summer they were still signing up tenants in the buildings they wanted to clear out for students. In its desire to implement the student residency requirement, JCU has upended the lives of many Shaker residents. Council has expressed concerns about this and he urges Council to take steps to prevent further displacement of long term residents. He does urge passage of the mixed use zoning changes initiated by the City but opposes the amendment by JCU. Linda Smythe of 20200 North Park Blvd. stated that she has been thinking about how vibrant having students in the neighborhood would be, but they are not there all summer or at Christmas. The residents who are being displaced are there all year. She believes it is more vibrant to have people there all year. The students being away during the summer will impact the neighborhood. She asked if JCU will provide residents contiguous to the buildings with someone to contact when there is a problem. She does not want to keep calling the police because of loud music, etc. She likes the neighborhood to have many different ages. Elisa Russo of Colby Road asked if there is a way to get the number of parking places for each of the apartment buildings and how many bedrooms would be in each building to compare how many additional cars will be there. She stated there is a difference between students being across Warrensville Center Road in Shaker Heights and on the campus in University Heights. She asked if the Shaker Heights Police Department has been consulted regarding safety of students crossing back and forth around Fairmount Circle and how parking may be affected. Mary Lou McHenry of 2673 Warrensville Center Road stated that she has lived right next to JCU forever. She has worked there and it is a great school but she thinks they may be asking for too much. JCU says they don’t want a tax abatement but asked if that is in writing. She appreciates having JCU in the City but some of their asks may be too much. She also asked about a traffic study. It is not easy to cross Warrensville Center Road at Fairmount Circle. She doesn’t want to stop what they are doing but she wants to curb it somewhat. She thinks if they were granted 1500 feet the people on Claythorne would not be happy about that. They have every right to expand but she would feel better if residents knew more about what JCU is doing. JCU says they are taking care of the tenants moving. That part of Fairmount Special Council Meeting February 12, 2024 Page 46 Circle is a unique community. There are not a lot of places for people to move. JCU has a right to be there with students, but will be letting go of a lot of great people who have enjoyed living there. Mary Jo O’Neil of 20725 Colby Road stated that she has lived there for over 19 years right behind the apartment building. She keeps hearing about community and good citizenship. She has a fence that continually falls down. She asked JCU to fix it, but she has yet to hear back from them. JCU has some ideas that are helpful in their community but we need to start thinking about what will help our community and not their community. Maryellen Brennan of 21015 Claythorne Road stated that everyone who has spoken in favor of the change does not live within 2000 feet of JCU, and Claythorne Road residents did not receive any notice. They would be impacted because they are within 1500 feet. * * * * At 8:39 p.m. the Mayor closed the public hearing and Council returned to the special meeting. * * * * Ordinance No. 24-02, by Mr. Malone, amending Sections 1211.02, 1230.04, 1231.03, 1232.03, 1233.03, 1234.03, 1234.07, 1234.08, 1234.10, 1240.04, 1251.02, 1251.13, 1262.12, and 1263.10, and adding new Section 1263.25, of Part Twelve, Zoning Code, of the Codified Ordinances of the City of Shaker Heights to amend the zoning map to rezone the commercial areas at Fairmount Circle and the south side of Chagrin Boulevard west of Lee Road, and to amend the zoning text to add off-campus student housing as a conditional use, and to update definitions, conditional use standards, and drive-through use regulations. Council member Mr. Roeder thanked JCU for their presentation tonight along with everyone else in person and online who provided comments to Council. They appreciate the community feedback. In the JCU presentation they mentioned they had a public meeting where about 70 people attended. He asked if the feedback from those meetings was similar to what Council heard tonight and would like to give JCU an opportunity to directly address resident concerns, specifically regarding community outreach and dialogue in their planning were this to move forward. Mr. Swetel stated that in the public meeting the comments that JCU heard were very similar to what they heard tonight. They have listened and responded where they can. The tenants they are helping are in the first one and a half buildings in Shaker Heights. When they receive requests from tenants in the three additional buildings (Villas and North Park apartments) they have treated them on a case-by-case basis to help with their unique situation and figure out a plan that works for them. They are closely monitoring the situation and responding where and when they can. They are not terminating any leases. They are simply not renewing leases and waiting for those tenants in the building to come to JCU to tell them what their needs are so they can offer relocation assistance, rent abatement, or whatever they need to help the transition be a little smoother. Someone asked for a contact number for staff in each building, and that information will be made available to the public. If there is a resident directly adjacent or anyone who needs it, that information will be available for them to call and voice concerns or complaints. They have not started work in the other buildings, which is why they have not approached those tenants outside of making sure sufficient notice has been given. They have started in the one and a half buildings in Shaker Heights making things safe, but no actual construction work has started. Homes on Warrensville Center Special Council Meeting February 12, 2024 Page 47 Road with volleyball nets in the yards and other furniture are not owned by JCU. They only own nine homes on Warrensville Center Road that are within their control. They know where those students are and the student code of conduct and policy is in place for those units. The number of parking spaces in the first three buildings are in the range of 130 spaces with parking garages and surface lots. They are not adding any parking but will accommodate parking through their parking permitting process on campus. It will be enforced that way. They are not changing the site plan or the way the units currently function. It if is a one bedroom apartment it will remain a one bedroom apartment. If two bedrooms it will remain two bedrooms and so forth. They are not asking for any traffic signalization change or curb cuts that would necessitate a traffic study. They are focused on being intentional and making the transition away from the apartment buildings as easy as possible. Mayor Weiss asked for clarification on staff living in the buildings. Dr. Brown Cornelius stated that they will have three levels of staffing for oversight of this area. They will be working in collaboration with the property management group for certain pieces around facilities. They will also have a professional staff member who will be supervised by the Office of Residence Life and the Dean of Students who will have oversight of the building. They will be known to the residents and the staff members. They will be living adjacent to the building in JCU sponsored housing. They will also have three undergraduate student staff members who will be trained with similar responsibilities as resident advisors (RAs) in terms of policy enforcement. If there is a unit with loud noise they will be able to address it along with the other staff members working in that area. There will be one per building. Mr. Swetel stated that the goal for the number of students is 3,000. He has visited Fairmount Villas but not any tenant’s personal unit. There is a vacancy and he has been in that unit, common areas, and on the roof, assessing the overall structure with engineers and architects. Mayor Weiss pointed out that a chart in the presentation shows 4,000 undergraduate and graduate future full time students. Mr. Swetel stated that right next to that information is a block showing the goal is to have 3,000 undergraduate students. Graduate students may live in the area and have access to the apartments but many of them are commuters and transient. Council member Ms. Carmella Williams thanked JCU for their presentation and everyone present who commented. She asked if JCU has factored in the number of potential cars that will occupy the 130 spaces, for example if an apartment has three bedrooms has JCU accounted for each student to have a vehicle. Mr. Swetel responded they are not. There are not enough spaces for every tenant to have a parking space. That is the condition that exists now and they are not changing it. Students will have to go through the permitting process on campus and there is the potential for students to be unhappy but they will accommodate them elsewhere on campus or in the parking lots JCU rents offsite at Notre Dame and JFX. Council member Ms. Carmella Williams stated that she has heard that JCU is responding when they have been contacted or a request for assistance. She asked what the process looks like when leases are not renewed for a tenant and what JCU provides to let them know what help is available. Special Council Meeting February 12, 2024 Page 48 Mr. Swetel stated that the process for the first one and a half buildings in Shaker Heights is to notify each of the non-student residents to inform them what JCU is doing and ask them to contact JCU in the event JCU could do something to help with the transition. They have helped many tenants throughout the process, but they did put them on notice that the renovations are coming. They cannot renovate an apartment building with tenants and their belongings inside the space. The first one and half buildings in Shaker Heights and one and a half buildings in University Heights have received an extensive notification process with JCU’s intent. They are not terminating leases, but once they have expired they convert to month-to-month leases unless the tenants come to JCU to figure out next steps. JCU knows that they probably won’t be in those buildings until the first quarter of 2026. They have sufficient time now having given everyone notice. This is February 2024. JCU will respond to each individual for what their options are and whether they have the room to extend the lease, etc. They have given significant rent waivers to help with the transition. The rent abatement has covered moving costs, security deposits, first month’s rents, etc. Council member Ms. Carmella Williams asked if those options are clearly laid out for tenants as in the presentation given to Council. Mr. Swetel stated that they will continue the dialogue and communication in those buildings with the tenants of their intent. They are working through that process still. They are still focused on making sure that the few non-students that are left in the one and a half buildings are able to exit in a way that is comfortable to them. Most of their leases are up at the end of March. They have been communicating with all tenants and if a situation arises in the three buildings outside of the first one and a half they are addressing those on an individual case-by-case basis to determine the best path forward for them. Council member Ms. Bixenstine thanked JCU and stated that she appreciates hearing from all the residents. Mr. Swetel stated that JCU and its students are assets to Shaker Heights and she agrees that they are assets to our greater community. She asked him to explain why JCU’s interests outweigh the interests of the 80 non-student residents who would be displaced by their plan, some of whom have already been displaced, and why JCU’s interests outweigh the interests of all the neighbors who are legitimately concerned about a change in the character of their neighborhood, the value of their property, parking, noise and trash. Mr. Swetel stated that he will address the issue of noise, garbage and parking if and when this makes it through Council through the conditional use permit process for the first one and a half buildings in Shaker Heights. They are committed to the community and abiding by the permit, having a clean site, making sure parking is well regulated by their permitting process and enforcement. They are confident that they will be successful in maintaining a vibrant community as good neighbors to University Heights and Shaker Heights. This is not a land grab. This is property they already own. The reason they chose the first three buildings is because there are already students living there. They have had students living in multifamily units for a long time. This is not anything new in these buildings. The density in Fairmount Gardens and Fairmount North and South, and the high percentage of students gave JCU the ability to say there is an opportunity to go down this path. JCU’s interest are for the long term sustainability of the university. When they are looking at leveraging their assets, they have a condition that presents well for them to continue to do this and honor their strategic initiative of having a university sponsored live on campus student experience. They are confident that their interests are sound. They have been well thought out and contemplated for more than 15 years. The 2007 Master Plan talked about the renovation of the apartments around Fairmount Circle that they own. They have talked about the Gateway Project for 15 years. It has just taken them a while to make sure the conditions are right for them to move forward with Special Council Meeting February 12, 2024 Page 49 these projects. The pandemic didn’t help. They are offering assistance to those tenants. This is not an easy conversation for anyone to have who lives in those buildings. It is certainly not an easy conversation for JCU. They do not take it lightly. They want to be communicators with those tenants, honor how they see their transition from the space happening, and make it happen for them. They are committed to that process and committed to the wellbeing of those tenants through the transition process. They will work hard and diligently to ensure that everyone is taken care of through their process. Council member Mrs. Moore thanked JCU for their presentation. She asked which apartment buildings currently owned by JCU are within the 500 feet boundary of campus. Mr. Swetel responded none of them. Law Director William Ondrey Gruber stated that the City’s proposal would only apply to the commercial mixed use, even if an apartment within the multifamily district is within 500 feet, it would not be included in the City’s proposal. It only applies to commercial mixed use within 500 feet. It has to meet both of those conditions. Council member Mrs. Moore stated that if she understands correctly, if the City’s proposal is approved it would not impact any of the apartment buildings currently owned by JCU that are under discussion. Director Gruber stated it would not include the apartment buildings because they are in a multifamily zoning district and it would not include any single or two-family homes because they are in a different zoning district. It only applies to the commercial area that exists to be a commercial mixed use area. Mr. Swetel stated that their belief is that the first amendment that the City proposed would prohibit JCU from doing what they want to do, which is why they have requested an amendment. There has also been some conversation about their pivot from the Gateway Project. They have been waiting for the right conditions for a long time. When they started planning for this in late 2021 the conditions were amazing. Interest rates were at an historic low but as they got through the RFP process and design process, the timing with construction costs and inflation were significant enough for them to make that pivot. They have students in all of the buildings so they made the choice to continue on with their strategic initiative of a four-year university sponsored student experience. It should also be noted that they don’t own all of the apartment buildings around Fairmount Circle. North Park Terrace is not owned by JCU. They own another building in Shaker Heights where they are not contemplating student housing adjacent to the CVS. They are only applying for a conditional use permit for the first one and a half buildings now and in a year will come back to apply for the additional three buildings. Mayor Weiss asked about the number of non-students in the first one and a half buildings. Mr. Swetel stated that they have three leases for non-students that will be expiring March 31. Almost all of the non-students will be out of those spaces. There may be some in the University Heights one and a half buildings. Mayor Weiss stated that for tenants living in the remainder three buildings JCU said essentially they would not deal with them before 2026. He asked if JCU is amenable to looking at some different structures than what has been discussed today to deal with the three buildings later. With the change of conditions and passage of time who knows where they will be with the Gateway Project and a range of other items. Special Council Meeting February 12, 2024 Page 50 Rather than try to approve something today that won’t be effective until 2026, he asked if there is a way to bridge the gap to deal with the three buildings separately. Mr. Swetel stated that the conditional use permit process gives the City the ability for those three additional buildings to have a conversation with JCU after this academic year about what worked, what didn’t work and where they are with the Gateway Project. He does not suspect within one year things will change with interest rates that dramatically to allow them to move forward with the Gateway Project. JCU is always open to have conversation, but not at the detriment of how far they have come. They have laid out this timeline with one and a half buildings to have online in Shaker Heights by fall of 2024 and the remainder buildings by fall of 2026. JCU has followed this process. They would be interested in understanding how this process unfolds and then continuing the conversation. Council member Mr. Malone asked about the Master Plan being updated in the next few weeks. Mr. Swetel stated that the updated Master Plan will not be different from what they have now. Nothing has changed in their thinking. They still have the Gateway Project and the renovation of the apartments. There may be some additional meetings internally on campus with stakeholders, faculty, staff and students about the impact the department of health will have long term and academic space. It is the same Master Plan they have been working from for the past 15 years. Council member Mr. Malone clarified that this legislation defines terms like campus and off-campus student housing, and includes the 500 foot restriction in the commercial mixed use district proposed by the City. Director Gruber added that it also includes the rezoning on Chagrin Boulevard. Moved by Mr. Malone, and seconded by Ms. Anne Williams, that Ordinance No. 24-02 be enacted as read. Roll Call: Ayes: Mr. Malone, Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Ordinance Enacted * * * * Ordinance No. 24-03, by Mr. Malone, amending Sections 1224.03 and 1263.25 of Part Twelve, Zoning Code, of the Codified Ordinances of the City of Shaker Heights to amend the zoning text to add “off campus student housing” as a conditional use in the Multifamily Residential zoning district and to change the limit in the conditional use standards for the location of off- campus student housing to 1,500 feet from a university campus. Mayor Weiss stated that there is still a desire to see if we can find common ground, particularly with respect to the three buildings. He would love the opportunity to address this in a different way than we have today. Special Council Meeting February 12, 2024 Page 51 Council member Mr. Malone stated that in listening to the comments tonight with the questions asked by Council and in his communications with individual Council members over the past few weeks, it seems there is not support for this piece of legislation that would allow the proposed off-campus student housing within a 1500 foot radius of the JCU campus in a multifamily district with the conditional use permit review and approval process. It does appear that there would be support for an alternative approach that would propose an overlay zoning district that could allow off-campus student housing on a parcel by parcel basis as opposed to the 1500 foot radius, so that JCU could start with the first one and a half buildings this fall and potentially consider further zoning changes that would allow parcels in another year or two with the benefit at that time of some real data and feedback on how off campus housing has proceeded at that point. His recommendation would be to refer this back to the City Planning Commission to consider language for an amendment that would proceed along those lines. He does not expect that this would delay substantially JCU’s plans because the City Planning Commission could consider this fairly promptly and we could have alternative legislation by late April or May. He likes the idea of giving the City time to build trust, have further negotiations, and to assess the Gateway Project. There is a possibility that interest rates may look different a year from now. It would give them answers to some of the questions that are uncertain right now with respect to student behavior, property values, and things of that nature. Tony Coyne stated for clarification purposes since tax abatement was mentioned several times, that these apartment buildings are paying their full share of taxes, almost $100,000 annually. There is no tax abatement being suggested. An overlay district will take a lot of time to put into place. Overlays are not simple. He was hoping they were there to move this along. The one and a half buildings have only three non-student tenants remaining. They don’t want to have this interfere with that and they want to be transparent with what they are trying to do. JCU has owned these apartments for a number of years. Their position is that it is obvious the apartments will be used for students, faculty and staff at JCU. To have a 500-foot limitation would be imprudent. The legislation that JCU proposed was to clarify that. They do want to work with the City but it is getting unduly complicated if they start drafting overlay districts. This is not the first time a university with residences is dealing with these issues. It is a fact with most universities that the university-owned housing that is in proximity to the campus is better maintained. The code of conduct regulations would not happen with a normal tenant. The homes on Warrensville Center Road that are not owned by JCU are in a different ball game. They would like to keep this moving along. Council member Mr. Malone clarified that he did not mean to reference tax abatement, but meant that JCU would not seek tax exemption status. Director Gruber added that no tax abatement has ever been proposed. The question is whether the buildings will become tax exempt. JCU has pledged not to seek tax exemption for any of the buildings it owns in Shaker Heights. Moved by Mr. Malone, and seconded by Ms. Carmella Williams, that Ordinance No. 24-03 be referred back to the City Planning Commission. Special Council Meeting February 12, 2024 Page 52  Roll Call: Ayes: Mr. Malone, Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Ordinance Enacted * * * * There being no further business before Council, the Mayor adjourned the meeting at 9:21 p.m. _________________________________________ DAVID E. WEISS, Mayor _________________________________________ JERI E. CHAIKIN, Clerk of Council Special Council Meeting February 12, 2024 Page 53 Nancy Benacci 22050 Shaker Blvd “To Shaker Heights City Council, As a resident of Shaker Heights for thirty-eight years, a 1977 graduate of John Carroll University and the Vice Chair of the Board of Directors of John Carroll University, I write to express my support for John Carroll’s proposed revisions to the City’s amendments that would permit student use of the JCU owned apartment buildings surrounding Fairmount Circle. John Carroll University has always been an important part of the Shaker Heights community. Our Jesuit Catholic commitment of developing well educated, caring students focused on being men and women for others continues to be our foundation. The John Carroll students have always been an asset to Shaker Heights and continue to be patrons of local businesses. Our students come from all over Ohio, as well as other locations including Chicago, Detroit, Buffalo and Pittsburgh. Many of these students decide to stay in the area following graduation and become committed, civic-minded and tax paying residents of Shaker Heights. On a personal level, I grew up in Chicago and my late husband, David Benacci, grew up in Erie. Based on our John Carroll experiences, we decided to stay in Cleveland and raise our family in Shaker Heights - which proved to be an excellent decision. I clearly understand and support the importance of keeping Shaker Heights a vibrant, safe and growing community. To date, many JCU students have lived, and currently live, in the Fairmount Circle apartments without incident. The John Carroll plan for student use of the apartments as part of the implementation of the University-sponsored housing initiative is vital to the success of our John Carroll students and the financial well-being of John Carroll as a university and an employer. The apartments will be reserved for Junior, Senior and graduate students. With all students living in University-sponsored housing for all four years, John Carroll will be able to provide a more organized and vibrant housing plan, improve control over student activities and importantly benefit the local communities.” Katherine Hahn Oh 16800 Van Aken Blvd, 215 “Dear Shaker Heights City Council, I am a resident of Shaker and am writing to support zoning changes and JCU's revisions to allow JCU to have students live in the Fairmount Circle apartments. I request that my support be read into the minutes of the Shaker Heights City Council meeting on Feb. 12. In my 17 years living in Shaker Heights, I have been proud to live in a city that is intentionally inclusive and integrated. John Carroll is a Jesuit university that prioritizes service and leadership in a way that is aligned with Shaker's history and ethos. I understand the apartments will be used most by students in their junior and senior years. As they move into their work lives and graduate school, Shaker can be a positive home and community for them. I believe the upgrades JCU would make to meet student needs and achieve accessibility standards would increase the property value and quality of the apartments, benefiting the Shaker community.” Mike Andelbradt 3684 Townley Rd. “Shaker Heights City Council, I am writing today in support of John Carroll University’s proposed zoning changes for the apartment buildings around Fairmount Circle. I grew up in the suburbs of Chicago prior to choosing to move the Cleveland and attend JCU for undergrad. John Carroll’s mission-based education made up four of the most impactful years of growth in my life. JCU taught me the value of critical thinking, collaboration, diversity, and respect. Men and Women For and With Others is more than a motto displayed on campus, it is a cultural thread that runs through JCU’s students, faculty, and staff. My wife and I are both transplants to Cleveland. As we started our house hunt, we did not have any clear direction on where to look around the city. As we did more and more research, it became increasingly clear that Shaker Heights would be the perfect place for us to live and raise a family. The values that were engrained in us at JCU were the same as those that Shaker has built their legacy and reputation upon. Since making this decision, we could not be happier to be a part of the Shaker Heights community. I say this to make the point that JCU and Shaker Heights make a great pair. By rezoning university housing in Shaker Heights, not only will the town gain more civically-minded, mission-based residents, but the students will also be exposed to all of the benefits of living in Shaker. These renovated apartments will also help John Carroll attract best-in-class students from around the region and the country who have the potential to remain in Cleveland, much like my wife and I, and make a positive impact on our communities. I firmly believe that the success of John Carroll University from this variance will have a direct, positive impact on Shaker Heights.” Tainne Andelbradt 3684 Townley Rd. “Dear Shaker Heights City Council, This letter is to advocate my support for the zoning changes to permit John Carroll University (JCU) students to reside in the apartment buildings around Fairmount Circle and for renovations to be made. As a fellow JCU student who chooses to stay in the Cleveland area and buy a home in Shaker Heights, I have personally seen the benefits that students can have on the community and the impact the Shaker Heights community has on students. Students being able to live close to campus while still having their independence allows them to gradually increase their independence to eventually become contributing members of society. JCU students have resided in the Fairmount Circle apartments for years and have had meaningful experiences. For a close friend of mine, living in the apartments just off campus as a JCU student gave him the space he needed to develop while also allowing him to stay close to campus to participate in clubs and organizations, service experiences and attend classes. Many JCU students can already be found visiting shops and restaurants in Shaker Heights, helping to stimulate the local economy. JCU students also participate in jobs and internships in the Shaker Heights community. This helps the students become educated citizens who provide economic development for the city. Overall, I feel allowing students to reside in the apartments on Fairmount Circle will benefit Shaker Heights, JCU students, and the entire JCU community. I ask that this letter be read during the City Council Meeting on February 12th.” Nikki Marzano “Dear Shaker Heights City Council: My name is Nikki Marzano and I live at 3345 Elsmere Rd. in Shaker Heights. As a long time resident of Shaker Heights and a 10-year employee of John Carroll, I am writing to request that my support for the zoning changes and JCU’s revisions that would permit student use of the Fairmount Circle apartments be read into the minutes of the Planning Commission meeting on January 9th. John Carroll University is an integral part of the fabric of our Shaker Heights community. John Carroll students engage in the community through off-campus employment and socially through enjoying restaurants and public spaces. Likewise, the community benefits from having a vibrant university nearby that offers interesting speakers and events as well as being an excellent local place to work. Allowing the zoning changes and the revisions that would permit student use of the Fairmount Circle apartments as part of its University-sponsored housing initiative is vital to the success of JCU students and the financial well-being of JCU as a university and an employer and therefore I hope the Planning Commission will move these plans forward for the sake of our community.” Bernard Prusak “To the Shaker Heights City Council: My name is Bernard Prusak, and I am a resident of Shaker Heights. My wife and I live with our children at 21976 Westchester Road, Shaker Heights, OH 44122, which my wife and I own. I write to express my support for the revisions submitted by John Carroll University to proposed amendments to the City’s zoning code, under consideration by the City Council, to define and regulate off-campus student housing. I support student use of the apartment buildings around Fairmount Circle, and I ask that my statement of support be read into the minutes of the meeting of the City Council meeting on Monday, February 12. (I regret that I am unable to attend the meeting in person: I teach Monday evenings this spring semester.) John Carroll University employs many staff and faculty like me who live in Shaker Heights and contribute to the City as citizens and as taxpayers. John Carroll’s plan for student use of the apartments as part of its University-sponsored housing initiative is vital to the financial well-being of the University. Without approval of student use of the Fairmount Circle apartments, the University’s financial well-being will be at risk, which would be a disaster for employees and the surrounding communities. Tax revenue would be lost, and an opportunity for economic development would be squandered. What’s more, the great cultural and civic contributions that the University makes as an educational institutional would be imperiled. Accordingly, I ask the Planning Commission to approve the University’s revisions to the proposed amendments.” Julia Warga “To the City of Shaker Heights City Council (c/o Ms. Jeri Chaikin): I write to you as a resident and homeowner in Shaker Heights who is in support of the zoning changes and proposed revisions made by John Carroll University (JCU) that would permit student use of the Fairmont Circle apartments. I support the proposal made by JCU for many reasons, but primarily because JCU students currently live in our city and are already contributing members of our community. Students already rent the apartments around Fairmont Circle without incident. Students work for businesses and volunteer for organizations in Shaker Heights. These students are an asset to our community, and after graduation, they often decide to purchase homes and raise their families in Shaker Heights. In addition, the renovated properties will increase in value which is a financial benefit for the city. I request that my letter of support be read into the meeting minutes of the Shaker Heights City Council meeting on February 12, 2024.” Luke Palmisano “Shaker Heights City Council I strongly support John Carroll University’s (JCU) request to convert every Fairmount Circle Apartment building into off-campus student housing. The number of college age students in this country are lower than ever which will make it difficult for universities to maintain full enrollment. Fortunately, JCU is a comparatively strong liberal arts university with a fantastic reputation and powerful alumni network. However, they are not immune to the financial implications of low enrollment that will plague so many unprepared schools. I am pleased to see school leadership take bold steps in recent years to ensure the school can continue to offer the best product possible for its students. Many of these bold steps involve improving JCU’s facilities. School leadership recognizes that for JCU to maintain or exceed its current standards they must have safe, dedicated student housing. Unfortunately, JCU is landlocked which means limited options to build new on-campus housing. For this reason, I believe the conversion of the Fairmount apartments to be a smart, practical solution which Shaker Heights City Council should support. A strong, financially healthy John Carroll University is good for this community, and I believe we should accommodate their reasonable request.” JCU President Alan Miciak John Malone 21015 Claythorne Road “Dear Members of the Shaker Height City Council: The zoning change for “off campus housing” requested by John Carroll University should not be granted. Shaker Heights and its voter residents receive no benefit from this proposed zoning change and will be harmed if it is granted. There are good grounds to deny the application: 1. There is nothing in the application or minutes of the various meetings to indicate that Shaker receives any benefit from granting the Zoning Change. Shaker needs to carefully consider the effect of the proposed zoning change on the stable neighborhoods in the area. If extended to 1,500 feet from the JCU campus, the zoning change will likely diminish the value of the surrounding neighborhoods 2. The zoning change will denigrate the residential nature and family friendly atmosphere of the affected streets and neighborhoods. Shaker residents do not pay the highest taxes in Cuyahoga County to have their property values diminished by a zoning change to accommodate JCU’s business plan which brings no benefit to the City. Shaker is likely to lose revenue because the value of its tax base will decrease. 3. The Student Housing Classification is not consistent with the current zoning code. It allows a lower use than the current Multi Family Zoning for the apartments owned by JCU. 4. JCU signals its intent to continue its expansion when it states that not only are its current apartment buildings within the 1,500 foot zone, but there are additional apartments and other residential buildings which will be incorporated into the proposed zoning district. It is apparent that JCU foresees additional buildings as targets for its expansion. The increase in “target” properties for JCU will have a negative effect on the residential neighborhoods and a resulting negative effect on the taxable values of the properties. 5. There is no assurance that JCU’s enrollment and profits will increase. There is risk in JCU’s marketing plan as it is competing for a dwindling number of students in the region and nationwide. Shaker should not be required to share that risk 6. As the residents of the adjacent neighborhoods testified, there is a high probablity of increased noise, trash, increased street parking, traffic congestion and other student related problems. 7. Graning JCU’s application would require that Council ignore the testimony and earnest opinions of its citizens who are most effected by the change. 8. There is no evidence that the apartment buildings are not economically viable and JCU has not established a hardship which would require rezoning. 9. The change will result in JCU receiving legal cover from Shaker for its plan to rent only to students and discriminate against families-consisting of older married couples, widows and widowers, many of whom have age related disabilities- in favor of young college students with no connection to the city. 10. The citizens who will be displaced, with city council’s cooperation, are a far more valuable resource for tax revenue and good citizenship than transient students who pay no tax and have no interest in Shaker. 11. As to rezoning the Fairmount Circle commercial area for JCU’s Gateway Project, JCU testified before the Planning Commission that the project has been postponed for ten years for lack of funding. At this time therefore, there is no need to change the zoning for JCU. It is better to wait and see if JCU can secure the funding for its project. 12. As to the City's staff recommendations to change the zoning at Fairmount Circle to conform to the other border quadrants of the city, there is no compelling need to rezone since the Fairmount Circle commercial center has been stable for many years, is different in character from the Van Aken District and Lee Road, and does not need further density 13. Shaker staff says it wants to support a mixed-use project and promote walkability and pedestrian traffic at Fairmount Circle. However, Fairmount Circle is already a mixed- use district and pedestrian friendly. The proposed development will bring increased congestion to a stable neighborhood and the plan for a four-story building and parking garage on Fairmount does not enhance the neighborhood. Further, a review of John Carroll’s statements set forth in its written materials submitted to the Planning Commission and Council reveals that the facts put forth in support of the application are dubious and/or not verified: 1. JCU claims, without evidence, that its zoning change will protect the stability of the Fairmount Circle area. Shaker Council need only take note of the garbage and student excess spilling onto Warrensville Center Road for the past several years to put the lie to JCU’s allegation that it will bring stability to an already stable Shaker neighborhood. 2. JCU alleges that the value of all surrounding properties will increase due to the new zoning. This is a self -serving opinion with no support. Common sense and experience dictate a totally different conclusion. 3. JCU states, without proof , that there will be no decrease in the value of property in the surrounding neighborhoods. This purported fact is roundly opposed by the residents in their written emails, letters and testimony. In fact, it is more likely that  there will be a decrease in the value of the residential properties in the surrounding neighborhoods. 4. JCU alleges that the adjacent properties in the current muti family district will have their value increased if they are incorporated into the zone for off campus housing. This self -serving exaggeration is vigorously disputed by the residents of the adjacent properties. 5. JCU says it is being prevented from using the properties for an economically viable use. Not so. The buildings are zoned for Multi Family use and they are being used for housing multi-family residents, as those residents and persons are defined by the Shaker Ordinances. 6. JCU alleges that if it is not granted this zoning change, it will be precluded from using the apartments as part of its four-year plan for housing students. How can this statement be true since JCU has made clear in every appearance before the Zoning Commission and the Council that it believes it can proceed with its plan without the Zoning change? 7. JCU says it will be harmed because its students will not be able to include their apartment lease as part of a scholarship or financial aid award. There is no evidence for this claim. It is likely that an expense for housing, in a unit owned and provided for the student by the university, would indeed qualify for aid. At any rate, the students’ ability to raise funds for their education is not a concern for Shaker and should not be a burden thrust upon Shaker residents, to the detriment of their neighborhoods. 8. JCU alleges that it is being treated differently than other property owners. This is not true. JCU has the same rights as any other apartment owner in Shaker and has not been denied those rights. JCU asks to be treated differently by seeking a zoning classification that is for a use that is totally different from any other use in the city. It can therefore be treated differently on that matter because it seeks a different and new use that does not exist in the zoning code and which no other apartment owner is seeking There is nothing in the JCU plan which benefits Shaker residents. I respectfully urge you to carefully consider the testimony, comments and many letters you have received from your citizen stakeholders who oppose this proposed zoning amendment and deny the application.” Jean Harper “I am writing as a resident of Fairmount Villas, a special small apartment building consisting of 14 units occupied by a diverse population of employed, retired, semi-retired, single. married, varied races and religions. We are large enough to embrace diversity and small enough to be a close knit community. That being said, I am writing with the fact that you are overseeing economic development in Shaker Heights, and I am asking the question: Is their an economic advantage to changing the zoning code in this neighborhood?If so, what is it, if not what other reason is there for making this change? We are not Uptown Van Aken nor Chagrin Lee, nor should we be. We embrace some commerce (bank, drugstore, haircutting establishments, eateries) , a nearby college campus, and primarily a residential enclave.. Why would you want to change this? I implore you to keep it that way. Under the guise of claiming to want better monitoring of their students (whom they claim follow Jesuit values and will be upstanding residents of the "student housing,"), JCU will displace hundreds of residents, (many of whom have chosen SH Fairmount Circle as their "next home" after leaving larger private residences in SH, CH and UH) with temporary students who will likely not form neighborhood attachments , may disrupt the quiet surrounding neighborhood, thus changing the entire residential feeling of Fairmount Circle. The primary benefit, it appears to me, is an economic ( call it money grabbing) advantage to JCU who will no doubt profit from students vs long time residents in their buildings. JCU seems to be promoting their plan without considering or caring about (1) a changed neighborhood (2) displacement of hundreds of residents (3) increased congestion in an already high traffic/accident prone Fairmount Circle area (4) increased SH police presence ( despite what JCU claims are law abiding upstanding young people) in the neighborhood. What is driving these requested changes? Is this what Shaker is looking for as the city moves into the future or is it what JCU claims to be a pressing student necessity ? Surely there is an answer to this that does not require changing zoning codes and requiring conditional use permits. I implore you to consider keeping Fairmount Circle the special place it has been for many decades.” Dr. Kevin Geraci and Angela Geraci “Dear Mayor Weiss and Member of Shaker Heights City Council, You are probably just getting home now if you had to finish all of the agenda last night. I would like to discuss now what the brevity that was required last night did not allow. 1. The treat of legal action mentioned by John Carroll (JCU) is offensive. It disrespects a kind and thoughtful mayor and a serious city council. JCU is implying here that their arguments are weak. Be strong. They mention their prerogative, but your prerogative is more legitimate and important: the protection of your city, its citizens and its neighborhoods. 2. The eviction of tenants who are widows, widowers, elderly and vulnerable is cruel. THE END DOES NOT JUSTIFY THE MEANS regardless of how much they spin it. 3. JCU has always been and always will be an insular institution toward its neighbors. I tried to be gentle last night, but the truth is that its administration avoids talking on -on- one with us now and it always will. The community meeting that was held on January 8 was merely a propaganda session to check the "dialog" box. 4. Most importantly, please vote "no" to the amendment to enlarge the JCU Campus to 1500 feet. JCU has given no reason why it should be passed. JCU expects to gain a historic foothold, a campus in Shaker Heights but offers nothing in return except an insular attitude. "Call the police if there is a problem" but don't talk to us. The real reason JCU wants to expand its campus is unknown. Is the answer in the master plan? Who knows. Is it a way to diminish the strength of the Shaker Heights Government as it relates to JCU? Maybe. Please be careful because there are risks to the city here. A "no" vote is a careful and thoughtful one. Professor Davarious Baldwin in his book In The Shadow of the Ivery Tower: How Universities are Plundering our Cities, states that when a university moves into a city and alters it for its own use, it is cultural theft, cultural piracy. I don't think that you can stop student housing at some level, but you can stop the movement of the campus into our backyard. JCU will try its best to steal our identity as a quiet and caring neighborhood with the introduction of student housing in some form. Please do your best to minimize it. Advancing a JCU campus into our neighborhood brings this theft to another level.” Barbara Hill-Newby and Bill Newby 20976 Claythorne “Dear Mr. Feinstein, Please see that our statement reaches all the appropriate Shaker Heights officials. We are unable to attend the Council meeting on February 12th, but would like to offer our opinion regarding the request by John Carrol University for a zoning code amendment. John Carroll is landlocked. It is bordered by well established residential neighborhoods. The University chose to demolish a dormitory on its campus and to use the land for its athletic facilities. The priorities seem clear. The University is now asking Shaker Heights, and other neighboring communities, to change zoning laws to potentially provide student housing in areas that have traditionally been single family homes. The answer should be an unqualified no. As we understand it, allowing student housing to extend 1500 feet beyond the boundary of the John Carroll campus would allow future student housing on Colby and on Claythorne. Would the boundary of the campus be the new Gateway Project and if so, would that extend the proposed zoning code change even farther? What legal right would Shaker Heights have to enforce housing code violations so that the potential extended areas wouldn’t look like parts of Warrensville, with upholstered furniture on the lawn and the remnants of Friday and Saturday night parties still visible on Tuesday mornings’ lawn? If Shaker Heights would have the legal ability to not allow this to happen, would the city act on it and actually enforce the codes or would the University prevail? We hope these questions never need to be answered. We have heard recently that Cleveland State University is talking with Notre Dame College about some sort of collaboration or merger. This is the talk that John Carroll should be having, as it is clear that if the University wishes to expand, both its athletic facilities and its housing, it needs to find additional land upon which to do so. Encroaching upon residential areas is not the answer. Shaker City Council and the Mayor should clearly recognize this. The answer to the request to amend the zoning code should be an unqualified no.” Maria Tayek “Good evening Mayor Weiss and members of the Shaker Hts. City Council. My name is Maria Tayek and I am a resident of the Fairmount Villas in Shaker Hts. My husband and I are among the many, many Shaker Hts. residents who will be forced from our homes so that John Carroll University can convert it’s five Shaker Hts. apartment buildings to off campus student housing. I want you to consider the following before you make a decision on the zoning change that will set off campus student housing at 1500 feet rather than the city’s proposed 500 ft. 1. The residents in these buildings are longtime Shaker Hts. residents who work, pay taxes, support local businesses and vote. We ARE the Shaker Hts. Fairmount Circle neighborhood ! A neighborhood as solidly developed as any other in Shaker Heights . We make a significant economic contribution to the city of Shaker Heights. 2. There are 2,417 undergraduate students at John Carroll University. Forty-eight percent of their students live in college-owned, operated or affiliated housing. Fifty two percent live off campus or commute. Why are these numbers important? Because John Carroll University has, like many colleges, been continually losing students. This move to a four year on -campus residency and the need for apartment conversions is John Carroll’s solution to its financial problems. So why should this be a Shaker Heights problem? 3. In 2022 John Carroll University had total assets of $597 million dollars. Their president was compensated to the tune of almost a half million dollars! But they want to solve their financial problems on the backs of longtime Shaker residents who are being told to move so that transient students can have their homes! This is morally and ethically wrong! As city council members are you going to be party to this kind of land grab? 4. The number of units which will be converted in the John Carroll buildings do not seem to support its housing need. By my calculations, from information provided by John Carroll, there is a total of 175 units available. If the university abides by its commitment of one student per bedroom, and on average the buildings are mostly two bedroom units, they could only house 350 students. But they are telling us they will need to house some 200 students in 2024 and another 400 by 2026. And where is their master plan? There seems to be a lot of conjecture but not a lot of research and facts. Also, a fact brought up at a Planning Commission meeting by Mr. Robert McClelland, a Cleveland attorney and former Cuyahoga County Common Pleas Court judge, questions whether John Carroll University is the proper applicant for the zoning since the properties are actually owned by four different LLCs. 5. The Shaker Heights Housing and Neighborhood Plan updated in 2022 has goals to preserve existing high quality housing stock; to increase cohesiveness, desirability attractiveness and Stability in the neighborhoods and to offer a “wide range of well- maintained housing that is accessible to a variety of income levels and household types, and that accommodates people of ALL ages and physical abilities. This John Carroll plan DOES NOT help you meet these Shaker Heights goals? In conclusion, please hit the pause button on this project, as one Shaker resident suggested, so you can research and observe the success of the changes being made to the University Heights apartment buildings. Perhaps there is a better way for John Carroll to solve its financial problems other than by displacing Shaker Heights residents who will just be collateral damage.” Maryellen Brennan 21015 Claythorne Rd “Dear Shaker Planning Commission and Board of Zoning Appeals: As a Catholic, I want to express my embarrassment with the behavior of John Carroll University. The institution is trying to bully its way into Shaker Heights with specious claims that “off campus housing” will be an asset to Shaker Heights. That is laughable, as the rentals on Warrensville Center Road attest. In our corner of Shaker, University School, Hathaway Brown, and Laurel have been the positive and considerate presence in our lives. John Carroll has not been involved with or benefited our area ever. It has been too busy buying up properties and suing residents of University Heights. Fourteen years ago, Shaker reached an agreement with JCU regarding the apartments in question today. According to Cleveland. Com., “The matter was resolved with an agreement that JCU would not lease more than 50 percent of its Shaker units to students, except in one building that already had a high percentage of students. In addition, the university will not seek tax-exempt status and will not evict or refuse to renew a lease for any non-student resident.” Where is that agreement today? Today, JCU wants, “… the restriction limiting off campus student housing to be within 500 feet of a campus… to be changed to no further than 1,500 feet in order to include the JCU-owned apartment buildings…” That is a needless expansion if JCU has no intention of moving into our neighborhood.  Statistically, within 3 years the number of eligible college students is slated to drop off dramatically. As a result, Notre Dame College, Lake Erie College, Baldwin Wallace and other regional schools are considering consolidations with other institutions of higher education. John Carroll is not immune to the dire financial ramifications of a smaller pool of potential students and yet it persists in throwing out grandiose new plans and new demands on a regular basis. As a citizen of Shaker Heights, I want to express my embarrassment with the City’s response to the objections of the residents of this quadrant of Shaker. Many of the affected residents are seniors, who I believe are being unfairly left behind in the decisions before Council. It smacks of discrimination that their plight is being dismissed in lieu of plans for an outside institution. This area has organically become a welcome home for many older taxpayers and the city will miss their stability and, certainly, their incomes. Council, please deny John Carroll its request. It does not benefit Shaker Heights in any way.”