City Council

Council Minutes April 23, 2024 Via Zoom Pursuant to Chapters 113 and 115 of the Codified Ordinances, and Resolution No. 22-29, enacted March 22, 2022. The Council of the City of Shaker Heights met in a special meeting at 12:04 p.m., Mayor David E. Weiss presiding. Council Members Present: Mr. Roeder Ms. Carmella Williams Ms. Bixenstine Mr. Claytor Mr. Malone Council Members Absent: Ms. Anne Williams Mrs. Moore * * * * Video of this meeting may be found here through April 23, 2027. * * * * The Mayor asked the Clerk of Council to read into the record public comments received on the agenda item. Clerk of Council Ms. Chaikin stated that no public comments were received on the agenda item by email or by phone. The Mayor invited members of the audience and those participating via Zoom the opportunity to “raise their hand” to provide public comment. No comments were offered. * * * * Ordinance No. 24-35, by Mr. Claytor, amending Section 1224.03, and enacting new Chapter 1245, of Part Twelve, of the Zoning Code, of the Codified Ordinances of the City of Shaker Heights, to amend the zoning text and map by creating an Off-Campus Student Housing (OCSH) Overlay District, allowing off-campus student housing as a conditional use in a multifamily zoning district, and including two Fairmount Circle properties in the new overlay district. (CPC). Planning Director Joyce Braverman stated that in February 2024, two actions were considered by both the City Planning Commission and Council: off campus student housing as a conditional use in the CM commercial district at Fairmount Circle where Council approved the zoning change to allow off campus student housing as a conditional use in the CM district; and John Carroll University (JCU) applied for text amendments to add off campus student housing as a conditional use in the multifamily district where their apartment buildings are located which Council referred back to the City Planning Commission for further study and a public hearing. At the March 5 City Planning Commission work session they studied other methods to regulate off campus student housing, and did approve off campus student housing as a zoning overlay district at their April 2 meeting. Overlay zoning has been part of the Shaker Heights Zoning Code for about 25 years and we currently have two other mapped overlay zones: for a planned unit development (PUD); and for small lot infill developments (SLID) in the Moreland area. A mapped overlay zone means that the zone is placed on top of the base district. The base district remains and the overlay zone and regulations are on top of it with different standards from the base district. In this case the overlay is being proposed for specific properties and addresses and would be a mapped change. Then a conditional use permit must be applied for by the party who wants to execute that zone. The off campus student housing is different from the JCU original request for a multifamily conditional use permit. The overlay is to establish it for the two specific properties in order to narrow the focus and JCU would then apply for a conditional use permit. In the past JCU was the applicant to add off campus student housing as a conditional use in the multifamily district. We have hired CT Consultants who looked at best practices and definitions. Student housing is considered Group Quarters by the U.S. Census Bureau who defines it as owned or managed by an organization providing housing and/or services for the residents. This includes apartment style both on campus and off campus student housing. This permits the City to distinguish between traditional multifamily and Group Quarters to allow us to regulate off campus student housing differently. They also conducted best practice research on common techniques such as regulating student housing as a distinct land use, limiting the encroachment into established neighborhoods, and regulating and recognizing that student housing does have different challenges than housing for other persons. Some examples required that off campus student housing be in close proximity to a campus and also have direct access on an arterial or collector road, which means a main street. Some prohibit rooftop activities, and some assign parking spots for students. In a few different locations good neighbor policies or brochures were required. Senior Planner Daniel Feinstein stated that the City is now proposing a zoning amendment to establish the off campus student housing overlay zoning district. That overly zoning district is a mapped district proposed on two apartment buildings. The off campus student housing overlay zoning district is to be listed as a conditional use permit in the multifamily zoning district only. Off campus student housing would comply with the underlying multifamily zoning density, unit size and minimums parking requirements. We recently adopted conditional use standards, including submission of a campus master plan, occupancy and demand assessment, review of parking needs, and maintenance of neighborhood character. Those are part of the conditional use standards that were passed in February 2024. Additional proposals in the new Section 1245 include a 6-foot tall wood fence or evergreen buffering between the off campus student housing and single-family or two-family zoning; that tenants must have on or off site parking facilities available; outdoor activities are allowed in the rear yard only; JCU must manage and notify neighbors of move in and move out activity; and requiring a good neighbor plan, code of conduct and City and JCU contact info. The proposed off campus student housing overlay zone was recommended for approval by the City Planning Commission at their April 2 meeting with a few conditions: in Section 1245.02A1 to add an address to the map designating the overlay zone parcels; and in Section 1245.02A2B to add some language specifically to say that Section 1263.25C does not apply to the off campus student housing district. That section has a 500-foot limit which applies to the commercial Special Council Meeting April 23, 2024 Page 92 mixed use zone district. There were also some typographical corrections. The Council ordinance incorporates the City Planning Commission conditions with wording clarifications suggested by the City and JCU. Law Director William Ondrey Gruber stated that he does not have a version showing the changes made after the City Planning Commission approval, and prior to submitting this to Council. However, for the second reading they will show all the changes that were made after the proposed City Planning Commission meeting. There may be a few additional changes, as well as comments and suggestions from John Carroll University. JCU raised questions about the language in the purpose section regarding displacement of residents. We disagree with them. We believe it is appropriate for that to be recognized in the ordinance as a concern. We deleted the reference to long-time residents, because the concern is over the displacement of any residents. We removed some superfluous language in the purpose section and left in text regarding maintaining the quality of Shaker. We deleted the superfluous word, “unified,” regarding ensuring new development or redevelopment occurs in a manner consistent with transit oriented development. We added language to further clarify that the 500-foot distance requirement in the ordinance enacted by Council in February regarding commercial mixed use areas does not apply to the overlay district. There was a reference to frontage on an arterial street but we already have a definition of that in our codified ordinances so we removed the reference to major collector roadway. An arterial street would refer to Fairmount and Warrensville in this area. We added language requested by JCU to clarify the parking regulations to say a provision in the leases will require tenants to comply with the applicant’s parking regulations and policies, including compliance with the assignment of a vehicle to a parking location or lot and indicating a tenant may not park a vehicle in the overlay parking unless assigned a parking location or lot at that particular site. It is helpful as it clarifies exactly what the City Planning Commission intended in regulating parking at these locations. Those were the changes made since the City Planning Commission meeting and incorporated in the ordinance provided to Council. Mr. Feinstein stated that the map of the two parcels include the addresses for specificity: 20201 Fairmount Boulevard, commonly referred to as Fairmount Circle South Apartments; and 20600 Fairmount Boulevard, commonly called Shaker Gardens. The zoning map amendment has location requirements. If an applicant wants to add any parcels to this the requirements include that it be in the multifamily zoning district only, in close proximity to a university, frontage or access to a major arterial street, and that no single or two-family zoning can be between the off campus student housing and the campus. The off campus student housing overlay district is proposed to be established on two specific parcels: 20201 and 20600 Fairmount Boulevard. JCU was allowed to apply for a conditional use permit to establish an off campus student housing overlay use on those two properties only. If in the future JCU wants to add another property they would apply for both a zoning map amendment and a conditional use permit at the same time. That would require the City Planning Commission and Council approval and requires all the specifics of the conditional use permit request be submitted for review at that time. JCU has now applied for conditional use permits for the off campus student housing use on both of these properties and it will be on the May 7, 2024 City Planning Commission agenda. It will also require Council approval. Director Gruber stated that it is not typical to apply for a conditional use permit when an ordinance does not exist in our ordinances, but in order to provide JCU with the ability to get their conditional use permits approved at the same time as Council reviews the ordinance, if Council approves it on third reading at the end of May or at some point in the future, they would also consider the JCU conditional use permit at the same time if approved by the City Planning Commission on May 7 or at some future time. If they are approved on May 7 then they would come before Council at the same time as the third reading of the legislation, which would allow Council and the public to consider all the issues at one time. Special Council Meeting April 23, 2024 Page 93 Mayor Weiss asked about the timing for the overlay district. Director Gruber stated that tonight is the first reading and they propose it would come back to Council next Monday for a second reading giving the public the right to comment on agenda items. An extensive presentation is not planned but staff will be available to take questions. The third reading is proposed for May 28 with a public hearing. Council member Mr. Malone stated that he is grateful to staff for their hard work on this. It has been a trying process but we are getting to a good result. He also thanked JCU for applying for the conditional use permit and availing itself of the procedures the City is proposing. That is a positive step. Council member Mr. Roeder thanked Council member Mr. Malone who has been involved with this for a long time and instrumental in helping. He echoes his comments to staff. Council member Ms. Bixenstine stated that this is a good balance between the interests of JCU and the residents in the neighborhood who objected to the initial proposal by JCU in those three buildings that were initially proposed to be converted to student housing who would be displaced. She also thanked staff for all their work in reaching this new solution. It is a reasonable compromise. Mayor Weiss confirmed that the overlay district only applies to the two properties identified in the presentation. The additional three properties that JCU has referenced are not part of the current overlay. At some point in the future if JCU were to request that or off campus student housing, JCU would need to apply for the zoning change and conditional use permit on those properties. Director Braverman stated that this time around the City is the applicant for the overlay zoning district, but in the future if JCU would like to put the overlay zone in any other property, they would apply for each property for the overlay zone to be instituted and a zoning map change to be approved, and then come back for a conditional use permit. Director Gruber stated that is unique for an overlay district. The map shows the two addresses being added as overlay districts and the codified ordinance being considered specifically lists these parcels as being the only location where the overlay district would exist if Council passes this ordinance. Council member Mr. Claytor requested that if there is an early start for a meeting on this matter that we are consistent in notifying residents so that anyone who wishes to be heard has the opportunity. Director Gruber clarified that the early meeting time is being proposed for the meeting scheduled on May 28. Because there is a public hearing in addition to a Council meeting, they send notices to residents in the neighborhood. Director Braverman added that there is a required 20-day mail notice and advertised notice for the zoning hearing, so that is why it is being discussed now. Mayor Weiss stated that at this point in time we don’t know everything that will be on the May Council agenda but because of the proposed public hearing staff are suggesting starting early if time is needed. Mayor Weiss stated that this item would remain on first reading. Special Council Meeting April 23, 2024 Page 94  * * * * There being no further business before Council, the Mayor adjourned the meeting at 12:30 p.m. _________________________________________ DAVID E. WEISS, Mayor _________________________________________ JERI E. CHAIKIN, Clerk of Council Special Council Meeting April 23, 2024 Page 95