Special Council Meeting Minutes - February 13, 2012

Purpose: Zoning Code Review and Consideration of a Resolution in Support of the Local Government Innovation Fund Grant Application.

The meeting was called to order by Mayor Renda.

Roll Call: Ms. Sturgis, Mr. Wortzman, Mr. Buczek, Mrs. Cooper, Mr. Richman
ABSENT: Daniel Fritz

ALSO PRESENT: Assistant Law Director Rebecca Schaltenbrand, Mr. Hartt, Zoning Consultant, Mr. Bolek and Mr. Stanard (members of the Planning Commission); Village Engineer Jeff Filarski, Service Director Ted DeWater and Building Inspector Greg Potts.


Mrs. Cooper made a motion seconded by Mr. Richman to approve the minutes from the November 2, 2011 Special Council meeting.

ROLL CALL:
AYES: Ms. Sturgis, Mr. Wortzman, Mr. Buczek, Mrs. Cooper, Mr. Richman, Mr. Stanard, Mr. Bolek
NAYS: None
Motion carried.


Mr. Buczek made a motion seconded by Mr. Richman to approve the minutes from the December 5, 2011 Special Council meeting.

ROLL CALL:
AYES: Ms. Sturgis, Mr. Wortzman, Mr. Buczek, Mrs. Cooper, Mr. Richman, Mr. Stanard,
NAYS: None
ABSTENTIONS: Mr. Bolek
Motion carried.


Mr. Buczek made a motion seconded by Mrs. Cooper to approve the minutes from the January 25, 2012 Special Council meeting.

ROLL CALL:
AYES: Ms. Sturgis, Mr. Wortzman, Mr. Buczek, Mrs. Cooper, Mr. Richman, Mr. Stanard, Mr. Bolek
NAYS: None
Motion carried.


Mayor Renda stated that she had asked the staff attend the meeting so they could weigh in on the proposed zoning changes. Mayor Renda then asked Mr. Hartt to from D B Hartt and Associates to begin his presentation.


Overview

Mr. Hartt stated he has a list of about 13 items that need to be resolved, two of which are more significant than the others. One is the subdivision regulations that need some changes. The other is the sign regulations which need more clarity and perhaps more restrictions on temporary signs in the Retail Business District. Furthermore, some Chapters currently in the Building Code will be moved into the Zoning Code including the chapter on generator placement.


January 18, 2012 Draft

Mayor Renda asked Mr. Filarski for his comments on the draft. He brought the members’ attention to SECTION 1127.05 SITE PLAN PROCESS. He pointed out that site plans are typically reviewed by the Engineer and not the Architectural Reviewer. After discussion it was concluded that the Village Engineer should be included in the process and that the heading should actually be referred to as the DEVELOPMENT PLAN PROCESS, or something similar, which more closely captures the content of the Section. Mr. Filarski then asked about SECTION 1127.17 PLAN SUBMISSION REQUIREMENTS (3) A. He pointed out that this Section was trying to regulate Plan Submissions for both residential and commercial properties. Mr. Filarski suggested that the code should refer back to the appropriate requirements listed in the previous sections, including the subdivision regulations. Mr. Filarski asked that in 1127.17 (b) (5) storm water management facilities be added to the list. It was noted that the term “private street” should be removed from Section 1127.17.

Mr. Potts asked about 1123.03 (9) “Building Height” definition. Mr. Hartt explained that by restricting the height to a maximum of 35 feet, the Village would stifle the architecture. Mr. Hartt stated that the height the ridge line could be in the neighborhood of 40 to 42 feet under the new definition, but the mass at that point has diminished significantly. The positive effect would be that the roof line could be more appropriate to the architecture of the building. The proposed definition would allow for the roof pitch of an accessory building to mimic the architecture of the main building. Mr. Potts then asked about the definition of “Building” in 1123.03 (8). It was agreed that the word “permanent” should be removed from the definition. Mr. Potts then suggested that in 1127.25 REQUEST FOR ADDITIONAL INFORMATION, Village Engineer should be added. The members concurred. He then asked about Schedule 1151.07 Minimum Setback Requirements. He suggested that Giles be added with a separate note. Mr. Filarski asked about private streets being included in that schedule. Mr. Hartt said that private streets would not be permitted going forward but there should be a front setback standard to deal with existing private streets. It was agreed that the setback should be 115 feet from the edge of the road. Mr. Filarski also suggested that since setbacks will be measured from the edge of the road as opposed to the center line in the future, the front yard setback should be 70 feet except on South Woodland, SOM Center, Miles, Chagrin and Hiram Trail where the setbacks are currently much larger. Mr. Filarski will provide Mr. Hartt the exact numbers that should be included in 1151.07.

Mr. Potts asked about 1151.09 (b), height of accessory buildings and structures. Mr. Potts’ expressed concern that 15 feet is too high. It was agreed to change the limit to 12 feet. Mr. Potts then asked about 1151.13 (n) Stables. He stated that in another community in which he works there was a request by a resident for kennels for multiple dogs that she wanted to own and train. Mr. Hartt agreed to contemplate this issue. He then stated that he could eliminate the reference to “farm animal” and “stable” from the code and use more generic terms; then there could be a maximum of five animals on any two-acre lot. Mr. Potts then asked about 1151.13 (c) and whether the reference to 175 feet should be deleted. It was agreed that that number should be removed.

Mr. Filarski asked about 1153.11 Minimum Setback and Spacing Requirements in the Open Space Conservation District. Mr. Hartt stated that the reduction of the setback to 20 feet as opposed to 25 feet came from a discussion about allowing as much flexibility as possible to develop the land in an environmentally sensitive manner. The members agreed that going back to the 25 feet requirement was desirable. Mr. Filarski also suggested that the code refer back to Chapters 1111 and 1115 for procedures rather than repeating them in SECTION 1153.13. Mr. Filarski then pointed out that the requirement in 1153.13 (d) for paved walkways does not fit in with the Village’s desirability for green space and would add more impervious surfaces in environmentally sensitive areas. Mr. Hartt stated he would take out the last sentence of (d). Mr. Filarski stated he would like some language put in 1173.03 (d) that indicates that the Hillside Map is a guide or reference for the Engineer but is not the ultimate authority. The map cannot be completely accurate for each site. Decisions are made based on engineering calculations with the map used as a reference. Mr. Hartt will revise this part of the code.

Mr. Filarski asked that 1177.11 (b) (3) – the requirement for public restrooms in a public park – be deleted. The Members agreed. Mr. Filarski then pointed out that under the schedule in 1179.07 (b) five parking spaces per acre are required in a public park. This would be onerous for the Village’s 124-acre Forest Ridge Preserve. He also asked about the required off-street parking spaces for the Public Service Facility in 1179.07. Ms. Schaltenbrand read the definition of Public Service Facility and pointed out that it may not be owned by the Village. The sense of the Members was to leave the wording as is Mr. Potts asked about including the placement of portable storage devices in 1171.07 TEMPORARY SHEDS. There was a discussion about whether the Chapter about PODS that was recently written for the Building Code should remain in the Building Code or be moved to the Zoning Code. Ms. Schaltenbrand will follow up with Mr. Hartt. Mr. Potts then presented a drawing that showed a house, front yard, side yard and rear yard and asked about variances and how to name them. Mr. Hartt explained that there is a difference between yard and setback. He showed on the diagram where the front yard, side yard, and rear yards exist. He then explained where the side, rear and setbacks are. Each term has a distinct and different meaning.

Mr. DeWater pointed out that in 1177.11 (d) Public service facility outdoor storage of general materials and vehicles is prohibited. Yet the Village stores both general materials and vehicles outside at the Waste Water Treatment Plants. Mr. Hartt agreed to look at this issue and rewrite this part of the code.

Mr. Janke could not be present at the meeting but Mayor Renda presented his concerns with the current draft of the code. He asked that the newly permitted uses being added because of state or federal requirements be qualified so that if the law changes our code will change to reflect those changes. Mr. Hartt and Ms. Schaltenbrand agreed to add that wording. He suggested that adult care and other permitted conditional uses in the residential district be added to the Business District. Mr. Hartt replied that he would be reluctant to do that because the commercial property in Moreland Hills is so limited and probably should be used to provide supporting services to the residents. Mr. Janke requested that the number and duration of temporary commercial signs in the Business District be limited. Ms. Schaltenbrand stated that regulating the temporary signs could be a safety issue and that commercial signs are less subject to free speech issues. Mr. Hartt stated that he is still working on the Sign and Billboard Regulations and he will include any revisions in the next draft. He will consider Mr. Janke’s concerns and will work with Ms. Schaltenbrand. Mr. Janke also suggested that the limitation on the number of vehicles parked at service stations should apply to overnight parking (1175.05 (e). The members agreed.


Discussion

The members agreed that one more meeting would be productive. Mayor Renda reminded the members to get their minor corrections and comments to Mr. Hartt. The next meeting for the Zoning Code Review will take place on Monday, March 5, 2012 at 7:00 p.m.


ORDINANCES AND RESOLUTIONS

Resolution 2012-08 was introduced by Mayor Renda. A resolution supporting the Local Government Innovation Fund application submitted by Cuyahoga County for the merger/shared services study for the Village of Moreland Hills, Orange Village, the City of Pepper Pike and the Village of Woodmere, authorizing the Mayor to enter into a Memorandum of Mutual Understanding and Collaboration for the merger/shared services study, and declaring an emergency.

Ms. Schaltenbrand explained that she had made two minor changes to the Memorandum of Understanding and Collaboration to clarify that the Village will maintain control how and to what extent it will cooperate in the study. Mayor Renda explained that this resolution does not obligate the Village to spend any money. Furthermore, the Village has passed these types of resolutions in the past in support of grant proposals for funding for Forest Ridge.

Mr. Buczek made a motion seconded by Mrs. Cooper for Suspension of the Rules.

ROLL CALL:
AYES: Ms. Sturgis, Mr. Wortzman, Mr. Buczek, Mrs. Cooper, Mr. Richman
NAYS: None

Mrs. Cooper made a motion seconded by Ms. Sturgis for passage of Resolution 2012-08.

Mr. Richman expressed concern about passing a resolution in support of an application that he has not yet read. Ms. Schaltenbrand suggested revising Section 1 to add the following phrase: “provided that the Mayor of the Village of Moreland Hills reviews and approves the application prior to submittal.”

Mrs. Cooper amended her motion for passage of Resolution 2012-08 to include “as amended by Ms. Schaltenbrand.” The amended motion was seconded by Ms. Sturgis.

ROLL CALL:
AYES: Ms. Sturgis, Mr. Wortzman, Mr. Buczek, Mrs. Cooper, Mr. Richman
NAYS: None


Mr. Richman made a motion seconded by Ms. Sturgis to adjourn.

ROLL CALL:
AYES: Ms. Sturgis, Mr. Wortzman, Mr. Buczek, Mrs. Cooper, Mr. Richman
NAYS: None


The meeting was adjourned at 9:15 p.m.

Respectfully Submitted,
Julie Miller, Clerk of Council