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DRAFT MINUTES CLEVELAND CITY PLANNING COMMISSION REGULAR MEETING – OCTOBER 6, 2006 ROOM 514 - CITY HALL

CALL TO ORDER: 9:06 A.M.

ROLL CALL:

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ZONING MAP AMENDMENTS

1. Ordinance No. 1549-06 (Coats/Ward 10): Changing the Use Districts of parcels bounded by Deise Avenue, Maxwell Avenue, Aspinwall Avenue, E. 140th Street and including portions of Cobalt Avenue and Saranac Road as shown on the attached map from Semi-Industry and General Industry to Residence Industry. Tabled on September 15, 2006.

ACTION: Motion to Remove Ordinance No. 1549-06 from the Table.

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Note: Commissioner Bowen acted as chair in the brief time between meeting start and Mr. Coyne’s arrival.

STAFF REVIEW AND RECOMMENDATION: This ordinance is needed in order to upgrade the zoning to protect the adjacent residential neighborhood.

WITNESSES: Elizabeth Kukla, City Planning Commission Robert Brown, City Planning Commission City Planning Commission Regular Meeting – October 6, 2006 DRAFT

TESTIMONY:

Mrs. Kukla made available to the Planning Commission members a paper titled, “Explanation of Ordinance No. 1549-06.” (Exhibit 1) She said that the legislation was initiated by Councilman Coats to update the zoning at the subject site and to encourage future uses to work better with nearby residential properties. She said that existing uses would be grandfathered, but could not expand without a zoning variance. She said that there is a strong residential area to the south of the subject area. She said that there is landscaping and a mound along Deise Avenue. She showed via PowerPoint site photos and maps depicting the context for the proposed rezoning. She said that she had received neither negative nor positive phone calls regarding the proposal.*

Mr. Brown explained what were allowable Residential Industry land uses under the Code. He said that this category will include houses and light industry, with no outdoor storage of industrial materials being allowed.

PROPONENTS:

Stanley Hall, Resident at 13810 Deise Avenue: I am for the zoning change because of the truck traffic and its inconvenience adversely affecting the quality of life in the area. This is happening both to the north and to the south of where I live. I am having trouble selling my property because of the semi-truck traffic in the area.

Cecil McGinnis, Resident at 15716 Deise Avenue: There is currently noise and dust caused by the truck traffic.

John Manos, City Rose, 739 East 140th Street: This is going to impact my property over the long run. I want to see these inappropriate heavy industrial land uses phased out.

OPPONENTS:

Morris Walker III, Business Owner, 14405 Saranac Road: I own a dump truck service. If you rezone the property, it will bring the value of my business down and I will forced to sell my business. I need to stock materials on my property.

*Note: Comments attributed to speakers in the “Testimony” portions throughout these minutes are not direct quotes. 2 City Planning Commission Regular Meeting – October 6, 2006 DRAFT

Craig S. Miller, Ulmer & Berne Attorneys: I represent Northern Ohio Scrap Service Corporation, a steel wire recycling facility. My client is a family-owned business that has been on the site for six years. They are located on a 2.35-acre portion of the property. Their business is 600’ away from the nearest residences. The land has been used for steel wire recycling for 100 years. It is a highly organized business and a clean operation. If there is an overuse of Residence Industry zoning, there will not be land available for steel suppliers in the City. This rezoning would reflect a jump of two zoning classifications; the problems cited by staff and others could be resolved by rezoning the land to Semi Industry instead. If the land were to be rezoned to Residence Industry there is a provision of the Zoning Code, Section 347.06, that takes effect such that my client would have to cease operations on the site within eighteen months after the rezoning.

Mr. Brown: The eighteen-month rule is now being researched by our Law Department. As I understand it, the law applies only to junk and wrecking yards, not outdoor storage of products, as in this case. But I will confirm that with Law Department.

Mr. Miller: My client’s business is also a processing operation. I would be delighted if you are correct.

Mr. Miller provided a PowerPoint presentation which is embodied in Exhibit 2. Again, he said that his client’s property was 600’ away from the nearest residential zoning district.

Mr. Miller: My client will spend $30,000 for a fence to meet Code requirements. Please do not move too hastily in approving this ordinance, particularly if the Law Department has not yet researched this sufficiently.

Mr. Brown read from the Zoning Code the pertinent chapter titled, “Regulations for Junk and Wrecking Yards.” He said that the language was clear that it is not talking about new rolled wire. He said that the key question was whether salvaged metal was being stored at the site.

Mr. Miller: They take scrap metal and make and process steel wire.

Mr. Coats: I am in support of the zoning change. The current zoning is not working; we are concerned about how to make the area more attractive so that businesses will invest in the community. We have been able to draw $35 million in investment there, but that is not good enough. The area had a history of

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Industrial and residential uses co-existing. We want to make the area attractive to investors. We must have the resources to change that area for the better.

Mr. Miller: My client furnishes eight jobs on site plus there are the truck drivers, who are independent contractors.

Chairman Coyne (to Mr. Miller): Why is there no direct access to East 140th Street?

Mr. Miller: For a brief time traffic went through the Manos property. There is no wheel washer on site, I believe.

John Manos, City Rose Ltd.: The owner of the subject property is difficult to work with.

Mr. Brown: I received from the Board of Zoning Appeals office a copy of the Building Department’s adjudication order against Northern Ohio Scrap. One of the citations against them was “Open yard storage of wire or other used material must be enclosed within a seven foot high fence or wall.” However, if what the company is storing is not used material, but rather a product, then the premises would not be considered a scrap yard.

Chairman Coyne: Would Semi-Industry Use District be all right with the Councilman rather than Residence Industry?

Mr. Coats said that he would be amenable to the Semi Industry classification under certain conditions.

Commissioner Cimperman (to Mr. Miller): I suggest a compromise would be appropriate.

Mr. Brown read from Code, citing the provision that in a Residential Industry zoning district trucking activity after dark, or on Sundays, or holidays is prohibited.

Chairman Coyne said that he did not find the Residence Industry District to be appropriate in this case. He said that he did not like using a rezoning to address a traffic problem.

Mr. Brown: Semi Industry zoning can make the problem from getting worse. It would not limit the hours of trucking, however. This would be the CPC’s

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recommendation to the Building Department. The Building Department has the last word on interpreting the Code to determine if the subject tenant is a scrap yard operation or not.

Commissioner Cimperman: I am not sure that that deal has been offered by the current Administration; I don’t know whether it has been approached.

Mr. Coats: We are in conversation with Bratenahl, but discussions have not yet been completed.

Chairman Coyne: Please note for the record that the business owner was not present for this meeting.

ACTION: Motion to Approve Ordinance No. 1549-06 with the finding that Section 347.06 of the City Codified Ordinances does not apply to the particular (current) business activity at 13600 Deise Avenue.

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2. Ordinance No. 1759-06 (Zone/Ward 17): To change the Use District of a parcel of land on the south side of Franklin Avenue from General Industry District to Multi-Family Residential District.

STAFF REVIEW AND RECOMMENDATION: This ordinance is needed to allow for future residential development. General Industry does not allow for residential uses.

Note: Commissioner Bowen recused himself on this matter and left the Table.

WITNESSES: Elizabeth Kukla, City Planning Commission Robert Brown, City Planning Commission

TESTIMONY:

Mrs. Kukla distributed to the Planning Commission copies of a paper titled, “Explanation of Ordinance No. 1759-06.” (Exhibit 3) She provided a PowerPoint presentation to show context and particulars for the proposed rezoning.

Mrs. Kukla: The address of the property is 8001 Franklin Avenue near the Painters’ Loft development.

Mr. Brown: The parcel next to the one in question was rezoned several years ago to accommodate the conversion of an industrial building to housing. So, this is really a phase two of a rezoning. It was an industrial area once, and now it will all be housing. .

PROPONENTS:

Rob Namy, Rysar Properties: This measure will enable the development of 15 housing units, in two- and three-story buildings. We will return with the project for design review. Mr. Namy provided a paper to the Planning Commission titled, “Proposed Development: West 81st and Franklin Boulevard, Cleveland, Ohio; Project Name: 8001 Franklin.” (Exhibit 4)

Jeff Ramsey, Detroit Shoreway Development Organization: I am here on Councilman Zone’s behalf to support the rezoning. There have been two community meetings regarding the proposed housing and it was well-supported. Industrial use is not appropriate for the property. We are confident in the developer continuing to produce good housing.

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OPPONENTS: There were none.

ACTION: Motion to Approve Ordinance No. 1759-06.

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3. Ordinance No. 1758-06 (Pierce Scott/Ward 8): To change the Use District of a parcel of land on the south side of South Marginal Avenue near East 55th Street from a General Industry District to a General District.

STAFF REVIEW AND RECOMMENDATION: This ordinance for General Industry does not allow residential uses and a developer is interested in rehabbing the former Howard Johnson’s Hotel to condominiums.

WITNESSES: Elizabeth Kukla, City Planning Commission Robert Brown, City Planning Commission Craig Hebebrand, Ohio Department of Transportation Paul Volpe, City Architecture, Inc. Martin Cader, City Planning Commission

TESTIMONY:

Mrs. Kukla distributed to the Planning Commission copies of a paper titled, “Explanation of Ordinance No. 1759-06.” (Exhibit 5)

Mrs. Kukla: The rezoning will allow for mixed uses for the subject property; it is proposed that the building will have both residential and retail space.

Mr. Brown: We considered rezoning the entire area around the building, but limited to the building at this time so there would not be a negative reaction. Perhaps we will rezone the entire area to General Retail use district.

Mr. Hebebrand: There were thoughts of relocating I-90 but that did not occur.

Mr. Volpe: This rezoning is in keeping with the Lakefront Plan.

Mr. Cader: The City has been working with ODOT to redesign the bridge at East 55th Street and widened to connect to the Lakefront State Park.

PROPONENTS:

Moshe Bohut, Subject Property Owner (Bapez Co.): We intend to convert the former Howard Johnson’s building to luxury condominiums. (He provided the chair with basic design sketches for the project and a letter of support dated September 26 for the project from the Councilperson; these were not retained for the record.) The building will house 70 units with a restaurant. We have

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developed many varied projects in New York City. I will send information about these projects to you.

Mr. Brown: The project will come back to the Planning Commission for design review. Staff may come back to present a wider-scale rezoning in this area.

OPPONENTS: There were none.

ACTION: Motion to Approve Ordinance No. 1758-06.

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Note: Commissioner Cimperman left the meeting to attend a funeral. Before leaving, he briefly voiced support for the West Shoreway project.

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MANDATORY REFERRALS

1. Ordinance No. 1278-06 (Pierce Scott/Ward 8): Declaring the property located at 1570 E. 105th Street blighted premises under Sections 324.01 through 324.16 of the Codified Ordinances of Cleveland, OH, 1976; and authorizing the Director of Community Development to acquire the blighted premises and sell the premises to Services, LLC.

STAFF REVIEW AND RECOMMENDATION: This ordinance is to acquire a blighted building for the Veteran‘s Administration expansion project..

WITNESS: Joseph Sidoti, Community Development Department

TESTIMONY:

Mr. Sidoti distributed a paper to the Planning Commission that was a packet of information about 1570 East 105th Street. (Exhibit 6)

Commissioner Lumpkin said that he was encouraged to see the VA incorporate the John Hay High School into its neighborhood programs.

ACTION: Motion to Approve Ordinance No. 1278-06.

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2. Ordinance No. 1364-06 (Reed/Ward 3): Declaring the property located at 3509 East 120th Street blighted premises under Sections 324.01 through 324.16 of the Codified Ordinances of Cleveland, OH, 1976; authorizing the Director of Community Development to acquire the blighted premises and sell the premises to KidsHealth 2020; and authorizing a project agreement.

STAFF REVIEW AND RECOMMENDATION: This legislation is to help eliminate blight by providing land for development of KidsHealth 2020.

WITNESSES: Joseph Sidoti, Community Development Department Valerie Hicks, KidsHealth 2020

TESTIMONY:

Mr. Sidoti provided the Planning Commission a paper titled, “Ord. No. 1364-06.“ (Exhibit 7) This consisted of a map showing the site and a listing of Code violations on the property dating from 1997.

Ms. Hicks: This is a community-based program in Mt. Pleasant to address the physical and emotional health and fitness of the 0-25 years old portion of the population.

ACTION: Motion to Approve Ordinance No. 1364-06 with the understanding that the project will go to design review.

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3. Ordinance No. 1446-06 (Conwell/Ward 9): Authorizing the acquisition of certain easement interests along East 115th Street and Euclid Avenue as part of the Euclid Corridor Transportation Project.

STAFF REVIEW AND RECOMMENDATION: This ordinance allows for underground utility easements to facilitate the Euclid Corridor project. Staff recommends approval.

Note: Chairman Coyne recused himself on this matter and left the Table.

WITNESS: Robert Brown, City Planning Commission

TESTIMONY:

Mr. Brown confirmed the staff recommendation.

ACTION: Motion to Approve Ordinance No. 1446-06.

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4. Ordinance No. 1449-06 (Cimperman/Ward 13): Authorizing the Director of Public Service to issue a permit to the United States General Services Administration to encroach into the public right-of-way at the Anthony Celebrezze Federal Office Building located on Lakeside Avenue and East 9th Street by installing, using, and maintaining Federally mandated security devices for “stand off” and “crash” protection of the facility.

STAFF REVIEW AND RECOMMENDATION: They will be installing, using, and maintaining low concrete walls, bollards, light fixtures, steps, handrails and foundations for locations at right-of-way on south side of Lakeside Avenue between East 6th and East 9th Streets, and right-of-way on the west side of East 9th Street south from Lakeside.

WITNESS: Robert Brown, City Planning Commission

TESTIMONY:

Mr. Brown said that the Planning Commission had already seen the project without taking action.

ACTION: Motion to Approve Ordinance No. 1449-06.

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5. Ordinance No. 1460-06 (Lewis/Ward 7): An emergency ordinance authorizing the sale of real property as part of the Land Reutilization Program and located on East 55th Street to Yoan Golan and Reno B. Golan.

STAFF REVIEW AND RECOMMENDATION: Ordinance authorizes expansion and renovation of a retail business. Staff recommends approval.

WITNESSES: Joseph Sidoti, Community Development Department Claire Posius, City Planning Commission Robert Brown, City Planning Commission

TESTIMONY:

Mr. Sidoti distributed an existing conditions photo with a parcel map attached. (Exhibit 8)

Ms. Posius showed a drawing depicting the proposed building expansion and renovation.

Mr. Brown said that the renovation was a welcome change to the neighborhood.

ACTION: Motion to Approve Ordinance No. 1460-06.

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6. Ordinance No. 1470-06 (Cimperman/Ward 13): To amend Section 347.02 of the Codified Ordinances of Cleveland, OH, 1976, as amended by Ordinance No. 285- 80, passed May 19, 1980, relating to restrictions on location of stables, poultry enclosures and other enclosures.

STAFF REVIEW AND RECOMMENDATION: This ordinance limits the number of farm animals and herds that may be kept in stables or enclosures in Residential zoning districts. Staff recommends approval.

WITNESS: Robert Brown, City Planning Commission

TESTIMONY:

Mr. Brown said that this legislation would provide a mild change to the Code, allowing some keeping of animals, but with specified limits.

ACTION: Motion to Approve Ordinance No. 1470-06.

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7. Ordinance No. 1548-06 (White/Ward 2): Authorizing the Director of Parks, Recreation and Properties to lease certain property to Community United Head Start and Day Care, Inc. for a term of one year, with five one year options to renew, at the Earle B. Turner Recreation Center located at 11300 Miles Avenue, for the purpose of operating a day care.

STAFF REVIEW AND RECOMMENDATION: This ordinance authorizes lease of space at the Earle Turner City Recreation Center to Community United Head Start and Day Care. Staff recommends approval.

WITNESS: Robert Brown, City Planning Commission

TESTIMONY:

Mr. Brown confirmed the staff recommendation.

ACTION: Motion to Approve Ordinance No. 1548-06.

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8. Ordinance No. 1576-06 (Zone/Ward 17): Authorizing the Director of Public Utilities to apply for and accept grants from various entities to implement the Security Improvement Project; authorizing the Director to apply for and accept grants from the Ohio Emergency Management Agency for security improvements to the Baldwin and Crown Water Treatment Plants in conjunction with the Security Improvement Project; authorizing the purchase by one or more requirement contracts of material equipment, supplies, or services needed to implement the project; determining the method of making the public improvement of implement the Project; and authorizing the Director of Public Utilities to enter into one or more public improvement contracts for the making of the improvement to implement the Project.

STAFF REVIEW AND RECOMMENDATION: This ordinance authorizes the Director of Public Utilities to apply for grants and expend those funds for required security improvements at Baldwin and Crown Treatment Plants. Staff recommends approval.

WITNESS: Robert Brown, City Planning Commission

TESTIMONY:

Mr. Brown: This is an obvious mandated improvement; we did not invite anyone from Public Utilities to speak about this today.

ACTION: Motion to Approve Ordinance No. 1576-06.

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9. Ordinance No. 1577-06 (Cimperman/Ward 13): Authorizing the Commissioner of Purchases and Supplies to sell City-owned property no longer needed for public use located at the east corner of Huron Rd. and East 4th Street to System Property Development Company, Inc. or its designee; and authorizing the Director of Community Development to cause payment to System Parking Development Co., Inc.

STAFF REVIEW AND RECOMMENDATION: This ordinance authorizes sale of a small City-owned parcel at East 4th and Huron in order to meet the requirements of a prior agreement with System Properties. Staff recommends approval.

WITNESSES: Robert Brown, City Planning Commission Joseph Sidoti, Community Development Department

TESTIMONY:

Mr. Brown said that the subject property is a large parking lot running between Prospect and Huron.

Mr. Sidoti distributed a map titled, “East 4th/East 6th Action Area Property.” (Exhibit 9) He said that the agreement with Systems Parking included a parcel that constituted 5% of a community development action area. This was a particular parcel that the City must turn over to Systems as per the agreement. The City owes Systems $147,600 as part of the deal.

ACTION: Motion to Approve Ordinance No. 1577-06.

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ACTION: Motion to Add Ordinance No. 1635-06 to the Administrative Approvals portion of the Agenda.

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ADMINISTRATIVE APPROVALS

1. Ordinance No. 1439-06 (Kelley/Ward16): Authorizing the Director of Port Control to enter into a Lease Agreement with Business Aircraft Center for office space at Cleveland Burke Control, for the period of one year with a one year option to renew.

STAFF REVIEW AND RECOMMENDATION: This ordinance authorizes a one-year lease of office space at Burke Airport. Staff recommends approval.

2. Ordinance No. 1625-06 (Zone/Ward 17): Determining the method of making the public improvement of installing feeders at the Ridge Road substation; and authorizing the Director of Public Utilities to enter into one or more public improvement contracts for the making of the improvement.

STAFF REVIEW AND RECOMMENDATION: This is normal maintenance and upgrades to the Ridge Road treatment plant.

3. Ordinance No. 1635-06 (Ward 20): An emergency ordinance DMPI of constructing Phase II of the Consolidated Maintenance Facility at Cleveland Hopkins International Airport, including all structures, foundations, and components; authorizing the Director of Port Control to enter into one or more public improvement contracts to construct the improvement; authorizing the Director to employ one or more professional consultants necessary to design all aspects of the improvement; and authorizing the purchase by one or more contracts of equipment and components for a fueling station, fire protection system, and electrical and HVAC components needed for Phase II of the Consolidated Maintenance Facility, for the Department of Port Control.

WITNESSES: Robert Brown, City Planning Commission Jo Ellen McNamara, Port Control Department

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Mr. Brown said that he had signed off on this ordinance, but had wanted it heard by the Planning Commission.

Ms. McNamara provided an “Executive Summary” for the ordinance to the Planning Commission. (Exhibit 10) She said that the facility is on an airfield at Hopkins Airport. She showed drawings depicting the idea of the new facility on the site.

ACTION: Motion to Confirm the Administrative Approvals of the Director.

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SUMMARY CALENDAR

1. Ordinance No. 1960-05 (Conwell/Ward 9): An emergency ordinance authorizing the sale of real property as part of the Land Reutilization Program and located on Superior Avenue to Louis Lee.

STAFF REVIEW AND RECOMMENDATION: Plans for a parking lot have been approved. Staff recommends approval.

2. Ordinance No. 1462-06 (Lewis/Ward 7): An emergency ordinance authorizing the sale of real property as part of the Land Reutilization Program and located on East 88th Street to Jeannette Relaford.

STAFF REVIEW AND RECOMMENDATION: This is a 40’ X 114’ lot for yard expansion for adjacent single-family house. Staff recommends approval.

3. Resolution No. 1468-06 (Cimperman/Ward 13): Declaring the intent to vacate a portion of West Lakeside Avenue N.W.

STAFF REVIEW AND RECOMMENDATION: This legislation vacates a portion of Lakeside Avenue to accommodate an elevator lobby for the recently completed Pinnacle apartment building. Staff recommends approval.

4. Resolution No. 1578-06 (Cimperman/Ward 13): Declaring the intent to vacate a portion of Stuber court N.E.

STAFF REVIEW AND RECOMMENDATION: The Hom family, who owns Asia Plaza, does also own all of the land bordering Stuber Court, except the two houses. They are requesting the vacation of Stuber Court so it can be paved, landscaped and new curbs built, incorporating it into their parking lot. This will facilitate the expansion of Asia Plaza to include a located in the former food-bank building. The Homs are willing to provide parking for the residents of the two remaining houses. The access from both East 30th and East 27th will remain largely unchanged. This should help with concerns of emergency access. Staff recommends approval.

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5. Ordinance No. 1583-06: Authorizing the Mayor to apply to the district One Public works Integrating Committee for state funding for the Cornell Road Bridge, Woodland Avenue/Kinsman Road, East 30th St., and Bellaire Road Rehabilitation Phase II Projects and state funding to obtain credit enhancements and loan assistance in support of the City’s general obligation bonds issued for road and bridge improvements.

STAFF REVIEW AND RECOMMENDATION: This legislation will authorize the Mayor to apply for OPWC State Capital Improvement Funds (Issue II) which includes street resurfacing with base repair as needed, replacement of curbs, sidewalks and driveway aprons as needed and upgrade of traffic signals projects. Additional legislation will be required after the grant is offered to accept and enter into engineering and construction contracts to make the improvements

6. Ordinance No. 1585-06 (Conwell/Ward 9): To change the name of East 117th Street between Durant and Whitmore to Leonard B. Jackson St.

STAFF REVIEW AND RECOMMENDATION: Leonard B. Jackson, retired Commissioner of Health, Physical Education, Interscholastic Athletics and Student Activities, Cleveland Municipal School District, Glenville High School and a recipient of the Walter Burks Life Achievement Award for his outstanding contributions to public education and athletics.

ACTION: Motion to Approve the Summary Calendar as presented.

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BROADWAY DESIGN REVIEW

1. BC 2006-008: 6401 , Demolition request for former Mechanics Auto Care Building (BRD/Ward 12)

Approval Type Seeking: Demolition of 1-story Commercial Building Project: Mechanics Auto Care Building Address: 6401 Broadway/Ward: 12 Owner: FBE, Inc. (Third Federal Savings Bank) Architect: n/a Site Description/Map: The property is located on the northeast side of Broadway Avenue between Ackley and Union Avenues and East 65th Street. The newly converted “Rails to Trails” path runs to the north of the building.

Zoning: General Industry

Summary of Work Proposed: 1. Demolish building, remove debris 2. Remove rear fence 3. Grade and seed lot 23 City Planning Commission Regular Meeting – October 6, 2006 DRAFT

4. Landscape lot in near future (plan to be developed by James McKnight)

BRD Committee Decision: On September 26, 2006, the Broadway BRD Design Review Committee approved the proposal with the understanding that the future Landscape plan will be reviewed by the Committee at a later date. Also, the applicants were encouraged to maintain any viable existing mature trees if possible.

WITNESS: Barbara Szaibel, Slavic Village Development Corporation

Ms. Szaibel distributed copies of an information packet for the proposed building demolition. This included photographs of the existing building and other documentation. (Exhibit 11)

ACTION: Motion to Adopt the decision of the Broadway Design Review Committee.

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24 City Planning Commission Regular Meeting – October 6, 2006 DRAFT

EAST 185TH STREET DESIGN REVIEW

1. E185 2006-003: 972 E. 185th Street. Demolition of existing garage & construction of freestanding bank building (BRD/Ward 11)

Approval Type Seeking: Demolition of 1-story Garage and construction of a freestanding bank with drive-through Project: Fifth Third Bank – Collinwood Branch Address: 972 East 185th Street/Ward 11 Owner: Fifth Third Bank Architect: Gerald Weber, Weber Architecture Site Description/Map: The property is located on the west side of East 185th Street, just south of the intersection with Marcella Avenue, on the stretch of road between Neff Road and the I-90 interchange.

Zoning: Local Retail Business

Summary of Work Proposed: 1 Demolish building, remove debris 2. Construction of freestanding brick building 3. Site improvements that include parking with appropriate screening, and perimeter fencing

BRD Committee Decision: On September 19, 2006, the East 185th BRD Design Review Committee approved the proposal as presented with the recommendations that the applicant install concrete curbs as containment for landscape materials (especially at the frontage sidewalks) and explore other fencing options instead of the proposed white vinyl privacy fence on the west property line.

WITNESSES: Gerald Weber, Weber Architecture Mary Louise Daley, Councilmanic Exec. Assistant

The Oath of Testimony was administered.

Mr. Weber presented the proposed demolition as described above.

Staff made available to the Planning Commission an aerial photograph of the subject site. (Exhibit 12)

25 City Planning Commission Regular Meeting – October 6, 2006 DRAFT

ACTION: Motion to Adopt the decision of the East 185th Street Design Review Committee.

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APPROVED_X_ APPROVED SUBJECT TO STATED AMENDMENT ___ DISAPPROVED ___ DISAPPROVED UNLESS AMENDED ___TABLED___

26 City Planning Commission Regular Meeting – October 6, 2006 DRAFT

LOT SPLIT

1. 4318 Orchard Avenue, Owner-Occupant Eugene Pallas, Agent Roger Brandt (Ward 14)

STAFF REPORT: Proposal is to split a side-by-side 2-family house into two lots, each with its own driveway and off-street parking. The current parcel is 50’ x 60’ and is located on the northeast corner of Orchard Avenue and West 43rd Place. Both units face Orchard, but one driveway is on Orchard and one is on West 43rd Place. The resulting lots would be approximately 25’ (on Orchard) x 60’ (on West 43rd). The stated purpose of the lot split is to create two owner-occupied units, whereas one unit now must be rental.

Exhibit 13 shows the property and the surrounding properties. (The building does not encroach into the sidewalk, despite what appears on the map).

WITNESSES: Robert Brown, City Planning Commission Roger Brandt, Progressive Urban Real Estate (Owner’s Representative)

TESTIMONY:

Mr. Brown said that this proposal was similar to many fee simple townhouses that the Planning Commission approves. He added that access was not an issue in that each structure had a separate driveway, one from Orchard and one from the alley.

Mr. Brandt presented two alternative schemes for the split, an ‘A’ option and a ‘B’ option. (These are at the end of Exhibit 13.)

Mr. Brown said that this was going to in effect create a two-unit townhouse and that the staff recommended approval.

ACTION: Motion to Approve the ‘B’ plan for the proposed lot split at 4318 Orchard Avenue.

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APPROVED_X_ APPROVED SUBJECT TO STATED AMENDMENT ___ DISAPPROVED ___ DISAPPROVED UNLESS AMENDED ___TABLED___

27 City Planning Commission Regular Meeting – October 6, 2006 DRAFT

DESIGN REVIEW

1. The West Shoreway Project Update (Wards 18, 17, and 14)

WITNESSES: Craig Hebebrand, Ohio Department of Transportation Robert Brown, City Planning Commission Paul Volpe, City Architecture, Inc. Kirsten Bowen, Baker & Associates Michael Vager, Baker & Associates Linda Henrichsen, City Planning Commission Martin Cader, City Planning Commission

Mr. Hebebrand introduced the project and the project team. He said the current project budget is $49.8 million. Of that, $40 million is for construction, $5 million for acquisition and $4.8 million for engineering. He said that this project came out of the Waterfront District Plan: Connecting Cleveland. The extent of the West Shoreway Project, he said, is from Lake-Clifton easterly to the Main Avenue Bridge. He said that the year has been spent looking at alternatives in the design of the project. He said that detailed design would occur in 2007; land acquisition in 2008 and construction starting three years from now and taking two construction seasons to complete. He said that there has been a large subcommittee working with the project team. He described how the subcommittee is composed. He said that there is a 6.5’ sewer line that will need to be relocated as part of the project.

Mr. Brown said that the ODOT and City Planning Commission staffs have been working closely together on this project and the Inner Belt project.

Mr. Hebebrand and the project team provided a PowerPoint presentation, the graphics of which are embodied in Exhibit 14. He said that there has been an analysis of potential access points along the boulevard. He described the public input process with various stakeholders. He said that benefits yielded by the project will include improved connectivity for all transportation modes, improved transit access, improved parkland and greenspace while eliminating excess infrastructure, improving development potential especially at the eastern end of the project.

28 City Planning Commission Regular Meeting – October 6, 2006 DRAFT

Mr. Volpe: This project goes back to early in the Campbell Administration; this is a big idea that has survived. This project works. There are three major segments of the lakefront to reclaim: the West Side, Downtown, and East Side. As we reclaim the lakefront land uses will change, development will occur; it is already happening.

Ms. Bowen: The existing pavement is coming to the end of its life. Obviously that needs to be taken care of. The boulevard will be designed for a speed limit of 35 miles per hour and the potential of three lanes for each direction with off- peak parking. The plan also includes a grass median in the center and a multi- use trail to the north running with the boulevard. We will show alternatives for the multi-use trail.

Mr. Brown: The driving experience along there will radically change.

Mr. Volpe: Half of the investment in construction will be in the mainline of the roadway, the rest in the intersections.

Ms. Bowen presented several options toward changing the traffic pattern and flow from West Boulevard to the Lake/Clifton intersection segment of the new roadway. She said that the options considered a “No-Build” option. She and Mr. Volpe presented the other segments and access points and the various options pursuant to them.

Mr. Cader distributed and presented a document titled, “Cleveland Lakefront Bikeway, Conceptual Alternatives, October 4, 2006.” (Exhibit 15) He also provided an aerial map with diagrammatic elements titled, “Cleveland Lakefront Bikeway, Conceptual Alternatives.” (Exhibit 16)

Staff also made available to the Planning Commission a “Project Update” (dated Fall 2006) for the Lakefront West project. (Exhibit 17)

Discussions taking place during the presentation included:

• The potential handling of Lake Avenue, i.e., whether it will be modeled as a two lane road or a four lane road. It was the sense of the meeting that under any of the options Lake Avenue will decrease in traffic and that at some point the Planning Commission should make a firm recommendation on the matter.

29 City Planning Commission Regular Meeting – October 6, 2006 DRAFT

• That the No-build option should not be an option in the final analysis in that the project is a once-in-a-lifetime opportunity to efficiently improve lakefront access.

• The handling of the several pedestrian tunnels’ along the route, including existing conditions how they could be improved to serve the neighborhood.

• The handling of the separate multi-purpose path running north of the boulevard which must curve and jog at a pinch point along the route at the railroad line.

• The need to relocate the interceptor sewer to accommodate access to West 73rd Street.

• The handling and appearance of access points to the new roadway and their relationships to the neighborhoods, including the fact that under certain scenarios, three buildings at West 28th Street and Detroit Avenue would have to be removed to accommodate the project.

• Reaction to proposed traffic engineering modeling to promote and control traffic flow under the various options.

• Reaction to before/after photographs/photosimulations of the Shoreway ramps and reorganized right-of-way without ramps and without roadway level changes at the eastern end of the project.

• The general process remaining to select an option.

It was the sense of the Planning Commission that the process would benefit by taking action relative to the West Boulevard/Lake Avenue/Clifton Boulevard segment Option ‘D’. The Planning Commission felt that this option was more appropriate than Option ‘B’ or the No-build Option in that ‘D’ would remove the access ramps and widen Lake Avenue as it approaches Clifton Boulevard.

30 City Planning Commission Regular Meeting – October 6, 2006 DRAFT

ACTION: Motion to Suggest Option ‘D’ traffic modeling for the West Boulevard/Lake Avenue/Clifton Boulevard segment of the project.

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APPROVED_X_ APPROVED SUBJECT TO STATED AMENDMENT ___ DISAPPROVED ___ DISAPPROVED UNLESS AMENDED ___TABLED___

MEETING ADJOURNED: 12:30 P.M.

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