CITY OF HIGHLAND HEIGHTS
HELD: NOVEMBER 12, 2007
PRESENT: Commissioners Kerr, Mastrangelo, Pilla, Urban;
Recording Clerk Olson; Building Commissioner Stouffer
ABSENT: Commissioner Knezevic
MOTION ON THE MINUTES: The reading of the Minutes of the regular meeting held October 22, 2007 was dispensed with. Mr. Pilla moved to accept the Minutes as written; seconded by Mr. Kerr. Ayes all; motion carried.
SUBJECT: STONEWATER GOLF CLUB, ONE CLUB DRIVE, ABERDEEN SUBDIVISION
PZ07019 PROPOSED FENCING IN ABERDEEN AREAS “H”, “I” & “J”
Chairman Mastrangelo announced that a special meeting will be held on Wednesday, December 5, 2007 at 7:30 p.m. to hear the matter of Stonewater Golf Club’s proposed installation of a 5-foot high chain link fence in areas “H”, “I”, and “J” of the Aberdeen subdivision that border the golf course. He said that notices will be mailed to residents affected by this matter.
SUBJECT: CROSTATAS PIZZERIA, 558 BISHOP ROAD
PZ07024 VARIANCES FOR PROPOSED PIZZERIA RESTAURANT
Mr. Pilla recused himself from this matter due to his personal affiliation with this matter with Crostatas Pizzeria.
Joseph L. Myers, Joseph L. Myers, Architect, Inc., 38030 Second Street, Willoughby, Ohio 44094, appeared before the Commission to obtain variances for the proposed addition and remodeling of the existing building at 558 Bishop Road (currently known as Arabica) into a new pizzeria restaurant. The Public Hearing was held prior to the regular meeting.
1. MOTION: A motion was made by Mr. Urban to grant Crostatas Pizzeria, on property located at 558 Bishop Road, a variance of 1.5 acres from Section 1131.04(e)(5)A: “USE REGULATIONS; Motor Service District; Lot Area Regulations; Schedule of Minimum Lot Area Requirements”, which establishes a minimum lot area of 2 acres for a restaurant in a Motor Service District, to allow a lot area of .5 acre; seconded by Mr. Kerr. Roll call on the motion. Ayes Mastrangelo, Urban, Kerr. Ayes all; motion carried.
2. MOTION: A motion was made by Mr. Urban to grant Crostatas Pizzeria, on property located at 558 Bishop Road, a variance of 10 feet from Section 1131.04(e)(5)A: “USE REGULATIONS; Motor Service District; Lot Area Regulations; Schedule of Minimum Lot Area Requirements”, which establishes a minimum lot width of 200 feet for a restaurant in a Motor Service District, to allow a lot width of 190 feet; seconded by Mr. Kerr. Roll call on the motion. Ayes Mastrangelo, Urban, Kerr. Ayes all; motion carried.
3. MOTION: A motion was made by Mr. Urban to grant Crostatas Pizzeria, on property located at 558 Bishop Road, a variance of 15% from Section 1131.04(e)(5)A: “USE REGULATIONS; Motor Service District; Lot Area Regulations; Schedule of Minimum Lot Area Requirements”, which establishes a minimum landscape yard of 30% for a restaurant in a Motor Service District, to allow a landscape yard of 15%; seconded by Mr. Kerr. Roll call on the motion. Ayes Mastrangelo, Urban, Kerr. Ayes all; motion carried.
4. MOTION: A motion was made by Mr. Kerr to grant Crostatas Pizzeria, on property located at 558 Bishop Road, a variance of between 85 feet 4 inches and 77 feet 4 inches from Section 1131.04(e)(6): “USE REGULATIONS; Motor Service District; Yard Regulations”, which establishes a minimum rear yard setback of 100 feet for a restaurant in a Motor Service District that adjoins a Residential District, to allow a rear yard setback from the west property line of 14 feet 8 inches for a length of 36 feet and a rear yard setback from the west property line of 22 feet 8 inches for a length of 36 feet; seconded by Mr. Kerr. Roll call on the motion. Ayes Mastrangelo, Urban, Kerr. Ayes all; motion carried.
5. MOTION: A motion was made by Mr. Kerr to grant Crostatas Pizzeria, on property located at 558 Bishop Road, a variance of 13 feet from Section 1131.04(e)(6): “USE REGULATIONS; Motor Service District; Yard Regulations”, which establishes a minimum side yard setback of 20 feet for a restaurant in a Motor Service District that adjoins a Residential District, to allow a side yard setback from the south property line of 7 feet, contingent on a board-on-board fence being constructed along the south property line to extend forward of the existing home to the south; seconded by Mr. Kerr. Roll call on the motion. Ayes Mastrangelo, Urban, Kerr. Ayes all; motion carried.
6. MOTION: A motion was made by Mr. Urban to grant Crostatas Pizzeria, on property located at 558 Bishop Road, a variance of 3 parking spaces from Section 1141.06(o): “SCHEDULE OF REQUIRED OFF-STREET PARKING SPACES” which requires 44 parking spaces for this site, to allow 41 parking spaces; seconded by Mr. Kerr. Roll call on the motion. Ayes Mastrangelo, Urban, Kerr. Ayes all; motion carried.
7. MOTION: A motion was made by Mr. Kerr to grant Crostatas Pizzeria, on property located at 558 Bishop Road, a variance of 5 feet from Section 1141.05(b): “MEASUREMENT STANDARDS; Driveway Circulation Aisles”, which establishes a minimum driveway aisle width of 25 feet for 90° parking, to allow a driveway aisle width of 20 feet for the driveway along the south property line; seconded by Mr. Kerr. Roll call on the motion. Ayes Mastrangelo, Urban, Kerr. Ayes all; motion carried.
Chairman Mastrangelo requested that the clerk poll the Commissioners in the majority as to their reasoning for the manner in which they voted. The consensus of the Commission for approving the variances was that most of the variances are in effect for the existing building; a practical difficulty exists because this lot came into effect prior to the current code regulations; the proposed plans seem to be the best use of the property given its current zoning status; the adjacent properties to the south and west are zoned residential, thus making any acquisition of additional property with the required zoning classification impossible (there are no adjacent lots to the north or east).
SUBJECT: CROSTATAS PIZZERIA, 558 BISHOP ROAD
PZ07024 FINAL PLAN APPROVAL OF PROPOSED PIZZERIA RESTAURANT
Mr. Pilla recused himself from this matter due to his personal affiliation with this matter with Crostatas Pizzeria.
Joseph L. Myers, Joseph L. Myers, Architect, Inc., 38030 Second Street, Willoughby, Ohio 44094, appeared before the Commission to obtain final plan approval for the proposed addition and remodeling of the existing building at 558 Bishop Road (currently known as Arabica) into a new pizzeria restaurant.
Chairman Mastrangelo stated that the Commission does not have a letter of approval from the City Engineer. He said that the ARB granted only tentative approval today contingent on revised drawings being submitted with the changes required by ARB. He noted that the applicant has not yet submitted plans for signage.
Building Commissioner Stouffer stated that the Fire Department has approved the project. He said that Landscape Architect and ARB approvals are still needed.
Mr. Myers requested approval to begin foundation work, including footers.
MOTION: A motion was made by Mr. Kerr to grant Crostatas Pizzeria, on property located at 558 Bishop Road, approval for foundation work only, contingent on approval from the City Engineer; seconded by Mr. Urban. Roll call on the motion. Ayes Mastrangelo, Urban, Kerr. Ayes all; motion carried.
COMMISSIONER PILLA RETURNS TO MEETING
SUBJECT: ABERDEEN COMMONS ASSISTED LIVING DEVELOPMENT, 399 BISHOP ROAD
PZ07007 MODIFICATION TO PERIOD OF VALIDITY TO ALLOW A PERMANENT CONDITIONAL USE PERMIT
Sumner Nichols, Nichols & Myers, 900 State Street, Suite 104, Erie, Pennsylvania 16501, appeared before the Commission to obtain a modification to a previously granted variance to increase the period of validity to allow a permanent conditional use permit for the proposed Aberdeen Commons Assisted Living Development located at 399 Bishop Road.
(History: June 11, 2007: The Commission granted a conditional use permit on June 11, 2007 for the assisted living project as follows that would remain in effect as long as the facility is owned and operated by LifeServices Development Corporation as follows: MOTION: A motion was made by Mr. Urban to grant a conditional use permit per Section 1109.03(d) for the establishment of an assisted living facility owned and operated by LifeServices Development Corporation, on property located at 399 Bishop Road, Permanent Parcels 821-07-010 and 821-07-012, sublots 1 and 2 of the Aberdeen Business Park, a P-C-M District, contingent on the conditional use permit remaining in effect as long as the facility is owned and operated by LifeServices Development Corporation; seconded by Mr. Knezevic. Roll call on the motion. Ayes Kerr, Knezevic, Mastrangelo, Urban. Ayes all; motion carried.)
(History: September 24, 2007: The Commission granted two modifications to the conditional use permit to increase the period of validity to fifteen years and to permit transferability of the permit as follows: MOTION: A motion was made by Mr. Kerr to grant LifeServices Development Corporation, on property located at 399 Bishop Road, a variance from Section 1109.05: “PERIOD OF VALIDITY”, which establishes that a conditional use permit shall be effective for a period of two years from its date of issuance, to allow the existing conditional use permit to be effective for a period of fifteen years, commencing October 1, 2007; seconded by Mr. Pilla. Roll call on the motion. Ayes Kerr, Knezevic, Mastrangelo, Pilla, Urban. Ayes all; motion carried. MOTION: A motion was made by Mr. Kerr to grant LifeServices Development Corporation, on property located at 399 Bishop Road, a variance from Section 1109.04(e): “APPLICATION EVALUTION STANDARDS”, which establishes that neither a conditional use permit nor the use of the premises authorized by the conditional use permit shall be transferable or assignable by the permittee, to allow the existing conditional use permit to be transferable or assignable by the permittee during the initial “Period of Validity” which commences on October 1, 2007; seconded by Mr. Knezevic. Roll call on the motion. Ayes Kerr, Knezevic, Mastrangelo, Pilla, Urban. Ayes all; motion carried.)
Mr. Nichols stated that he is requesting that the period of validity of the existing conditional use permit be extended from fifteen years to a permanent status per the terms required by the Lender, PNC Real Estate Finance, in order to obtain construction financing for the $7,000,000 assisted living project. He said that a conditional use permit with permanent validity is still very restrictive because the proposed building is a single use facility.
The applicant had presented a copy of a letter dated November 5, 2007 from PNC Real Estate Finance stating that they will be unable to provide construction financing without a conditional use permit with permanent validity.
Chairman Mastrangelo stated that Law Director Paluf has advised that the Commission may allow a permanent conditional use permit in this case contingent on meeting all state regulatory requirements.
MOTION: A motion was made by Mr. Kerr to grant LifeServices Development Corporation, on property located at 399 Bishop Road, a modification to the previously granted variance on September 24, 2007 from Section 1109.05: “PERIOD OF VALIDITY”, which establishes that a conditional use permit shall be effective for a period of two years from its date of issuance, to allow a permanent conditional use permit to be effective, contingent on meeting all state regulatory requirements; seconded by Mr. Pilla. Roll call on the motion. Ayes Mastrangelo, Pilla, Urban, Kerr. Ayes all; motion carried.
SUBJECT: LAURA HERBE, 488 MINER ROAD
PZ07026 VARIANCE TO SIDEYARD SETBACK FOR GARAGE EXPANSION
Jack Fay, architect, Fay Architecture, P.O. Box 1002, Chesterland, Ohio 44026, appeared before the Commission to review a request for a variance to sideyard setback requirements for an expansion to the existing garage on property located at 488 Miner Road.
Mr. Fay stated that as a result of having the property at 488 Miner Road recently surveyed he is reducing his original request for three variances down to one variance.
Mr. Fay said that they will construct a deck on the north side of the house that will be 10 feet 9 inches from the northerly lot line which complies with the 10 foot sideyard setback requirement.
Mr. Fay stated that they will expand one of the existing rooms that will be 62 feet from the rear property line which complies with rear yard setback requirements.
Mr. Fay stated that the proposed expansion of the existing 2 car garage to a 2-1/2 car garage will require a variance of 5 feet 4-1/2 inches from the side yard setback requirement of 10 feet, to permit a southerly side yard setback of 4 feet 7-1/2 inches, for a length of approximately 24 feet.
Mr. Fay submitted photos of the existing site.
Chairman Mastrangelo stated that he is concerned with the proximity of the proposed garage to the side lot line. He noted that the adjacent house to the south is located 23 feet from the shared lot line. He said that the proposed addition to the garage will be 4 feet 7-1/2 inches from the lot line, for a total distance between structures of 27 feet 7-1/2/ inches.
In response to Mr. Urban’s comment that there will not be much room to add a sidewalk around the proposed garage, Mr. Fay replied they do not want a sidewalk.
Building Commissioner Stouffer noted that the garage is being widened 13 feet 4-1/2 inches, and that 6 feet 4-1/2 inches of that width is intended for storage. He inquired if that storage area could be added to the rear of the garage rather than the side which would eliminate the need for a sideyard setback variance. Mr. Fay replied that the configuration as requested is more economical. Mr. Fay said that moving the storage area to the rear would deepen the garage and would require that the roof line be changed.
Mr. Fay stated that Mr. Herbe has obtained letters from the adjacent homeowners on each side who are in support of the variances. Chairman Mastrangelo advised Mr. Herbe to submit the letters at his Public Hearing.
Chairman Mastrangelo advised the applicant to submit a revised site plan prior to the Public Hearing that will be held on November 26, 2007.
SUBJECT: BASS ENERGY, INC.
PZ07027 PROPOSED DRILLING OF TWO GAS WELLS IN COMMUNITY PARK
Ed Repasy, homeowner, 833 Colony Drive, Highland Heights, Ohio 44143, and leasing agent representing Bass Energy, 130 Merz Boulevard, Akron, Ohio 44333, appeared before the Commission to review a proposal to drill two gas wells in the Highland Heights Community Park.
Mr. Repasy stated that Bass Energy is proposing to drill two gas wells in accordance with HB 278 of the State of Ohio. He said they have licenses from the State of Ohio for both wells and a signed lease from Mayor Coleman that was approved by City Council. He said they do not need a variance or a permit to drill.
Council President Murphy stated that the Resolution from Council regarding the gas wells is contingent on approval of the well sites by Council. She said that the applicant never addressed Council concerning the proposed well sites and that the City has not approved the proposed well sites. She said that clarification is needed from Law Director Paluf.
Mr. Repasy said that Bass Energy, Inc. could not have obtained the licenses that they now possess without a signed, valid lease from the City of Highland Heights. Mr. Pilla replied that City Council has not approved the drilling sites, which is part of the City approval process per Section 733. Council President Murphy presented a copy of the pertinent Resolution that is contingent on the approval of the three sites by the City of Highland Heights and the commitment of Bass Energy to drill the wells on all three sites. (Note: a third site which was to have been located in the City Hall complex area has been dropped.)
(Note: The Request for Hearing form for gas well #1 submitted by the applicant reads as follows: “Bass Energy, Inc. proposes to drill gas well #1 in accordance with House Bill #278. Gas well #1 will be located approximately 100 to 150 feet west of the new parking lot. The drilling area 150 feet by 150 feet will have to be cleared of all trees and shrubs. We are hoping to start clearing on or about 11/16/07. We will start to drill gas well #1 the last week in November or 1st week in December. Drilling will take about 7 to 8 days. Once the well has been drilled the tank battery (located behind the cell tower) will be installed along with all gas lines. Lastly, the drilling site and tank battery will be fenced in and restored.)
(Note: The Request for Hearing form for gas well #2 submitted by the applicant reads as follows: “Bass Energy, Inc. proposes to drill gas well #2 in accordance with House Bill #278. Gas well #2 will be located approximately 300 feet south of gas well lane. The drilling area of 150 feet by 150 feet will have to be cleared of all trees and shrubs. We are hoping to start clearing after gas well #1 has been cleared. We will start to drill gas well #2 on or about the first or second week of December. Drilling will take about 7 to 8 days. Once the well has been drilled the tank battery (located behind the cell tower) will be installed along with all gas lines. Lastly, the drilling site and tank battery will be fenced in and restored.)
Mr. Repasy stated that due to competition for equipment and crews, they will clear land this Friday and drill the first well during the first week of December. He said they have a two-year lease and if they are unable to drill now, they will most likely drill next Fall, 2008.
Chairman Mastrangelo reminded the applicant that Bass Energy has drilled in our City before for Marconi Medical Systems and is therefore aware of all the groundrules. He said that Law Director Paluf has advised that House Bill 278 deals only with the location of the wells and has advised that the approval process for gas wells as outlined in Section 733 of the Codified Ordinances of the City of Highland Heights must be followed, which requires that Public Hearings be held by the Planning and Zoning Commission and by City Council. Chairman Mastrangelo stated that House Bill 278 is not applicable because the City of Highland Heights is the land owner of the Community Park.
Mr. Repasy agreed that there must be mutual agreement between the City and Bass Energy as to where the wells will be located and agreed to cancel their drilling plans. He said that he is agreeable to returning to this forum with his attorneys.
In response to Chairman Mastrangelo’s inquiry as to how the well sites were determined, the applicant replied that Bass Energy had recommended drilling closer into the park near the baseball diamonds, but that the City, namely Service Director Evans and City Engineer Blackley, dictated the ultimate locations that are in more heavily wooded areas. (Note: approximately ten minutes later, the applicant stated that it was the State Inspector who was physically present at the Park when the drill sites were surveyed and selected, and that no one from the City was present.)
Chairman Mastrangelo noted that the applicant is proposing to drill to a depth of 3,650 feet which requires 20 acres of land. He said that the acreage requirement is doubled if drilling must go to a depth of 4,000 feet. The applicant replied that most wells are drilled to a depth of 3,650 and that the Marconi well was dug deeper per Marconi’s request. The applicant stated there are approximately 87 to 90 acres in the Community Park.
In response to Chairman Mastrangelo’s inquiry if there are odor issues with the wells, the applicant replied no. In response to Chairman Mastrangelo’s inquiry if the applicant was aware of a well that had been capped near Ridgebury School due to odor, the applicant replied he was unaware. In response to Chairman Mastrangelo’s inquiry if Bass Energy has had to cap a well, the applicant replied they capped a well in Richmond Heights, near the school, because it was dry. In response to Chairman Mastrangelo’s inquiry if there are wetland issues with the proposed site, the applicant replied no.
Chairman Mastrangelo advised the applicant to follow the steps referenced in Section 733.
ADJOURNMENT: A motion to adjourn the meeting was made by Mr. Kerr and seconded by Mr. Urban. Said meeting adjourned at 9:25 p.m.
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Susan M. Olson, Recording Clerk Robert J. Mastrangelo, Chairman