rm The City of pll/ WoLlCtJVV estlaka Ohio MINUTES www.cityofwestlake.org OFFICE OF THE CITY COUNCIL WESTLAKE CITY COUNCIL MEETING PROCEEDINGS OF A REGULAR SESSION NOVEMBER 16, 2017 27700 Hilliard Bvd. Phone 440.871 3300 Westlake. Ohio 44145 Fax 440.617 4089 The regular session of Council was called to order at 8:00 p.m. by President of Council Michael F. Killeen. Present: Also present: President of Council Michael F. Killeen: Councilmembers Lynda M. Appel. Nick C. Nunnari. Dennis J. Sullivan. Michael F. O'Donnell, Kenneth R. Brady. Mark R. Getsay. Mayor Dennis Clough. Law Director John Wheeler. Service Director Paul Quinn, Assistant Finance Director Bonnie Freeh, Recreation Director Bob DeMinico. Planning Director James Bedell. Director ofpurchasing Larry Surber. Director of inspections Donald Grayem. Director of Community Services Lydia Gadd, Police Chief Kevin Bielozer. Fire Chief Jim Hughes. Clerk of Council Denise L. Rosenbaum. APPROVAL OF MINUTES: Councilmember O'Donnell moved, seconded by Councilmember Nunnari. that the reading of the minutes of the regular session of November 2, 2017. be waived and that they be approved as received. VOICE VOTE: SELECTED CORRESPONDENCE: Letter from Diane Goodwin. Legacy Health Services, received October 16. 2017. requesting a 12- month extension of the conditional use permit Ordinance No. 2013-197 for the Livingston Nursing Home project. (A one-year extension was granted by Council at the November 19. 2015. Council meeting and a second one-year extension granted at the November 17. 2016, Council meeting.) Councilmember Getsay moved, seconded by Councilmember Brady, to grant a one-year extension to December 17. 2018, of the conditional use permit Ordinance No. 2013-197 for the Livingston Nursing Home project. Killeen. Appel. Nunnari. Sullivan. O'Donnell. Brady. Getsay.
Page 2 of 9 Email from Justin Orley of Orley Custom Homes LLC received November 6, 2017, requesting to withdraw his request to rezone permanentparcels 213-23-023 and 213-23-024 to R-IF-Cluster. Council President Killeen removed this itemfrom the planning, zoning, legislative committee. Communication from Mayor Clough dated November 13,2017, requesting to authorize the fire department donations listed in the attached memo. (Ordinance No. 2017-131) Communication from Mayor Clough dated November 13, 2017, requesting authorization to purchase 13 Daniel Defense rifleswith selected options from Tactical Assault Specialists and to authorize the trade-in of 13 Bushmaster AR-15 patrol rifles in an amount not to exceed $14,500.00. (Ordinance No. 2017-130) Communication from Purchasing Director Larry Surber datednovember 13,2017, informing Council ofthe 2017 Shi International expenditures. PETITIONS FROM THE PUBLIC: None. REPORT OF THE MAYOR: Mayor Clough read his twentieth report ofthe year. REPORTS OF STANDING COMMITTEES - COMMITTEE OF THE WHOLE: S^9\ President ofcouncil Killeen reported on the Committee ofthe Whole meeting held this date at 7:30 p.m. Present were Councilmembers Killeen, Appel, Nunnari, Sullivan, O'Donnell, Brady, Getsay. Also present were Mayor Clough; Directors Wheeler, Quinn, Freeh (Assistant), DeMinico, Bedell, Surber, Grayem, Gadd, Bielozer, Hughes and Clerk Rosenbaum. Agenda items were discussed as well as selected correspondence, the planning commission report, the employee holiday luncheon, the Clague Park dam bridge, the Columbia Road/I-90 interchange, the city retreat and the Clague Road bridge fencing. The following committee meetings were scheduled/re-announced: joint Planning, Zoning, Legislative committee and planning commission, November 21 at 6:30 p.m.; Finance committee (budget hearings), December 16 at 8:30 a.m. Councilmember O'Donnell moved, seconded by Councilmember Nunnari, to adjourn at 7:45 p.m. Meeting immediately adjourned at 7:45 p.m. REPORTS OF OTHER BOARDS AND COMMISSIONS - PLANNING COMMISSION: Councilmember Getsay reported on the November 13,2017, planning commission meeting advising that the commission took the following actions: tabled the Westlake Elementary School (PK-4) Development Plan (playground), 27555 Center Ridge Rd., PP#215-07-003 to 006 & 215-09-001, to December 4, 2017; Garland/Shaarda Lot Split & Assembly, 3375 &
Page 3 of9 ^ 3399 Bradley Rd., PP#216-08-003,004, Oil &021: Findings offact 1. The lot split and \ assembly is being done to provide property for the proposed Hilliard Court Subdivision. 2. Assembled Lot "A" will be more square than rectangular in shape and the lot depth to width ratio is below the minimum 1.4:1 being at 1:1. However, this property may be split into two lots in the future and at that time the new lots will be 1.7:1 and 2:1. Therefore, there are no issues with this modification. Motion: Based upon the findings offact, Mr. VanDyke moved and Ms. Falcone second to approve the Garland/Shaarda Lot Split & Assembly regarding permanent parcel numbers 216-08-003, 004, 011 & 021 with the following modification and conditions: 1. Modification for the depth to width ratio ofassembled Lot "A" to be less than 1.4:1 and more square than rectangular in shape. 2. Structures will be demolished as indicated in the preliminary plan in conjunction with the construction ofthe proposed subdivision. 3. Approval is subject to the conditions in Part HI ofthe staffmemo and final approval by the Engineering Department; Hilliard Ct. Ext. Subdivision, Preliminary Plan (6 lots), 3375 & 3399 Bradley Rd., PP#216-08-003,004,011 & 021: Findings offact 1. The layout ofthe subdivision is largely due to the configuration ofadjacent lots and the right-of-way that is being extended. 2. All lots meet the requirements for square footage, depth, width at building line, and width at street line. 3. A modification for sublot 5 is required as the depth to width ratio less than 1.4:1 (1.1:1) and it is more square than rectangular in shape. 4. The final subdivision plat improvement plan should be engineered to preserve mature trees. Motion: Based upon the findings of fact, Mr. VanDyke moved and Ms. Falcone second to recommend approval ofthe Hilliard Court Extension Major Subdivision, Preliminary Plan with the following modification and conditions: 1. Modification for the depth to width ratio ofsublot 5 to be less than 1.4:1 and more square than rectangular in shape. 2. The retention basin will be fenced with a 6' tall chain link or ornamental fence in black, dark brown or green. 3. A homeowners association is required for the maintenance ofthe storm water system. 4. Approval is subject to the conditions in Part III ofthe staffmemo and final approval by the Engineering Department; Elite Insurance Sign Plan, 26247 Center Ridge Rd., PP#215-24-002: Findings offact 1. Canterbury Plaza has a sign criteria recommended for approved by Planning Commission on 4/6/09 as part ofa development plan. 2. The criteria limits signage to maximum 18" tall, individual internally illuminated pin mounted channel letters in aqua, red, or white. 3. The landlord has requestedto amend the criteria to allow blue as a sign color by eliminatingaqua as one of the permitted sign colors. 4. The proposed sign consists of white letters and a blue "swoosh". 5. Elite Insurance, since it is occupying three tenant spaces is allocated 45 sq. ft. of sign area under the criteria. 6. Based on Section 1223.03(a)(1) it was determined that the sign area consists oftwo geometric forms "Elite" with "swoosh" around it = 33.55 sf (9.32' X 3.6') and "Insurance" = 11.38 sf (8.19' X 1.39'), for a total of 44.93 sf of sign area. 7. The proposed sign requires a 18.25" height waiver to include an element that is 43.25" highwhenthe criteria limits the heightof a signto 25". Motion: Based upon the findings of fact, Mr. VanDyke moved and Ms. Falcone second to approve the revised Elite insurance sign with a height waiver to permit one 43.25" element as shown on plans submitted 10/30/17 with a condition that the signcriteria be amended to include blue as a permitted sign colorin place of aqua; Citizen's Bank Sign Plan, 30159 Detroit Rd., PP#211-25-002: Findings offact 1. Citizens Bank is permitted 108.32 sf of permanent signage for their 65' wide storefront at Promenade. Their60.44 sf wall signage complies withthe Promenade sign criteria and was administratively approved. 2. A proposed 7.5 sf "DCN screen" requires Planning Commission ^^ f^ approval ofa waiver from the sign criteria and modification from the code to permit an animated sign. 3. Section 1223.02(a)(20) defines awindow sign as "a sign on the inside ofabuilding affixedto, or near, a window for the purpose of being visible to and read from the outside ofthe building. 4. Section 1223.02(a)(1) defines an animated sign as "any sign that uses movement or change of lighting including revolving, rotating, whirling, spinning andflashing to depict action
Page 4 of9 or create a special effect or scene. Animation shall be considered any change or movement more frequent than once per twenty-fourhours." 5. The proposed"dcn screen" by definition is both a window sign and an animated sign. 6. Section 1223.12(a) prohibits "animated signs, including mechanical, LED or video..." 7. In a letter dated 7/27/17, submitted with the application, Stark Enterprises found acceptable the DCN screen provided that "the DCN screen shall only be operational during banking hours" and "the DCN screen shall be located as shown on the floor plan." 8. The DCN screen is shown mounted 2' back from the face ofa window within the front facade ofthe tenant space. 9. Section 1223.07 Illumination ofsigns gives Planning Commission discretion to approve, for example, use ofexposed neon based on "reviewing the location, brightness, zoning district, and proximity to public streets and residential areas." 10. The front of the tenant space is approximately 780' from Detroit Road and is not visible from the street due to distance, change in grade and existing vegetation. 11. Promenade is zoned Shopping Center Zoning Districtand the proposed sign is not located withinviewofany residential areas. 12. The abutting Crocker Park Planned Unit Development permits "Special Electronic Message Displays" with approval by the Planning Commission at specific locations within Crocker Park, not visible from outside ofcrocker Park. 13. Westlake has many banks and otherfinancial institutions in the city both inside and outside ofcrocker Park without this type ofsign. 14. Planning Commission has never approved a television picture type animated sign visible from outside ofcrocker Park. 15. When one type ofcommercial use is granted a sign modification, competitors tend to request the same modification. 16. Signage affects community character. Motion: Based upon the findings offact, Mr. VanDyke moved and Ms. Falcone second to approve the proposed 7.5 sf"dcn screen" with a waiver from the Promenade sign criteria and modification from the code to allow an animated sign with the following conditions: 1. Approval does not amend the Promenade sign criteria and any future digital and/or animated window signs must be approved by Planning Commission. 2. Future digital and/or animated window signs will be evaluated based on time (when it is operated), place (where it is proposed, including proximity to abutting streets and residential uses) and manner (how it is operated, including brightness). Vote: 0 ayes, 5 nays, motion failed; First National Bank Sign Plan, 30105 Detroit Rd., PP#211-25-002: Findings offact 1. First National Bank is permitted 130.5 sfofsign area per code and is requesting a total of76.82 sfofsign area. 2. They are requesting three non-illuminated poster display cases, one next to each drive-thru lane. These signs are not visible off-site. 3. These signs for drive-thru service are similar to static menu boards typically approved for drive-thru restaurants. 4. These poster display cases will require a waiver from the Promenade sign criteria and a modification from the code to permit one 4.56 sfinstructional signs per drive-thru lane. Motion: Based upon the findings offact, Mr. VanDyke moved and Ms. Falcone second to approve a waiver from the criteria and modification from the code to permit three 4.56 sffreestanding static poster display cases, one for each drive-thru lane, as submitted; Ordinance 2017-117 Conditional Use Permit for an office use in Exclusive Industrial zone, 810 Sharon, PP#214-01-013 & 014: Findings offact 1. The purchaser ofthis property does not envision another warehouse tenant and wishes to have the flexibility ofconverting the entire building to an office use ifdesired. 2. Offices are a permitted conditional use in the Exclusive Industrial zoning district. 3. The conditional use permit does not preclude it from being used for a permitted exclusive industrial use. 4. The standards for evaluating conditional use permits in 1227.03 have been met. 5. Parking requirements for the entire use ofthe building for office use have been exceeded. Motion: Based upon the findings offact, Mr. VanDyke moved and Ms. Falcone second to recommend approval ofordinance 2017-117; tabled Ordinance 2017-118 Rezoning corner ofhillsborough Pt. & Center Ridge from General Business to I-1F-80 (Single Family), PP#217-06-010,012,013,031,032, until the December 4,2017, meeting and requested an extension oftime for Ordinance 2017-118 until January 8,2018; tabled Ordinance ^^ j
Page 5 of9 ^ 2017-121 Code amendment to 1203.08 and 1218.03(h)(3) regarding definitions and permitted uses in Exclusive Industrial Districts regarding Distillery until the December 4, 2017, meeting; McDonald's site improvements, 30100 Detroit, PP#211-19-021: Findings of Fact 1. The request is for site improvements that modernize the look ofthe building and address parking and walkway deficiencies. 2. The color sample for the new canopies was provided and deemed acceptable. 3. No modifications are required. Motion: Based upon the findings offact, Mr. VanDyke moved and Ms. Falcone second to recommend approval ofthe McDonald's Site Improvements with the following condition: 1. Approval is subject to comments in Part III ofthe staff memo and approval ofthe final plans by the Building and Engineering Departments in compliance with the code and the ordinancesofthe City ofwestlake; and, in the development process, should there be any changes necessitated by engineering requirements that visually alter the appearance ofthe development approved by the Planning Commission, the plan shall be re submittedto the Planning Commission; Cantina Laredo Storefront & Sign plan, 2004 Crocker Rd., PP#211-25-013: Findings of Fact Sign Plan 1. As shown on the site plan the "fabricated architectural facade" primarily faces north towards the parking lot east ofthe K garage and is more than 200' from Crocker Road. 2. If the wood background on the "fabricated architectural facade" is considered architecture then the sign plan consists of 173.26 sfof primary signage and 14.38 sfofsecondary signage, which complies with the criteria. 3. The sun logo sign faces the alley west ofthe Hyatt Place Hotel and is more than 200' from Crocker Road. 4. The marquee sign requires a determination that the raceway it is mounted on is skillfullydesigned to become an integral part of the sign design or architecture. Motion: Based upon the findings of fact, Mr. VanDyke moved and Ms. Falcone second to approve the sign plan as presented with a condition that no permanent or temporary signage ever be mounted on the retractable weather shades as well as a condition that they create a picture frame mat-board surrounding the visible area ofthe shadow box sign or replace it with a 6 sfor less shadow box. Findings of Fact Storefront 1. On 2/2/15 Planning Commission recommended approval of a phasing plan for building KSE-II. It eliminated the 5,460 sf tenant space that is now proposed to be built for this tenant. The current proposal is to "un-phase" or "un-freeze" this portion of the building, originally approved 10/6/14, by now building this portion. 2. The square footage and footprint ofthis tenant space exactly matches what was previously approved. 3. One difference from the previously approved plan is that now a patio is proposed for both the east and north sides ofthe building, the 2014 plan did not includea patio on the north side. The patio extends 11'- 2 x/i* offthe north face ofthe building, this appears to give sufficient space for 20' wide emergency vehicle access within the 35'9" alley. Fire Department has recommended approval of the plan. The total patio area is no morethan 30%of the interior tenant space. 4. Bothpatios include retractable shades which openand close within a track constructed in the roof support columns. 5. Chapter 707 Outdoor Dining Facilities includes Section 707.05 Hours of Operation which includes the following provisions: (a) An outdoor dining facility shall operate only between the hours of8:00 a.m. and midnight weekdays, 1:00a.m. weekends, (b) Any outdoor weather protection utilized in the operation of outdoor dining facilities including canopies, wind/rain screens or othersuch devices shall not be used between January 1 and March 15. Any userof suchoutdoor weather protection shall first obtain approval of the Planning Commission as to theiruse, material and appearance. Outdoor weather protection shall be properly stored upon close of each business day. 6. As shown, the Fenetex retractable shades provide an easy wayfor the operator to storethe weather screens at the end of each business day. 7. The exterior materials are consistent with the Crocker Park Mixed-Use Area Design Guidelines with one possibleexception- the elevations indicate that large expanses of the exterior are to be Faux Wood. The sample boardshows that the profile of this"wood" is actually a composite material.
Page 6 of9 8. Section 10.3 states that: "Durable, smooth, exterior grade woods such as oak, redwood, poplar and medium density overlay (MDO) are acceptable materials...while rough cedar, raw pine and pressure treated lumber are not to be used at all." 9. The use ofrough "wood" is part ofthe design intent for this tenant. Motion: Based upon the findings offact, Mr. VanDyke moved and Ms. Falcone second to recommend approval ofthe Cantina Laredo storefront as presented with the following conditions: 1. The use ofthe retractable weather shades to be in compliance with Chapter 707 ofthe business regulations. 2. No outline lighting is permitted and all the light fixtures must comply with Westlake's draft lighting regulations; AT&T Storefront & Sign Plan, 167 Market St., PP#211-26-070: Findings offact Sign Plan 1. As shown the sign plan consists ofadding a marquee sign over the front entrance, two blade signs and two banner signs. 2. The total sign area permitted is 315.25 sfand 72.72 sfis proposed. 3. The sign plan conforms to the Crocker Park Mixed-Use Area Sign Criteria. 4. The marquee sign requires a determination that the raceway it is mounted on is skillfully designed to become an integral part ofthe sign design or architecture. Motion: Based upon the findings offact, Mr. VanDyke moved and Ms. Falcone second to approve the sign plan as presented. Findings offact Storefront 1. The storefront exterior is basically remaining the same with the only changes being that the existing entrance canopy being painted black and black awning fabric being replaced and new ornamental light fixtures being added to the facade. Motion: Based upon the findings of fact, Mr. VanDyke moved and Ms. Falcone second to recommend approval ofthe storefront plan as submitted with a condition that the new light fixtures comply with Westlake's draft lighting regulations; tabled the Crocker Woods Cluster Preliminary Development Plan for cluster single family, PP#217 27 001 & 217 25 002, for 50 single family cluster homes in Planned Unit Development zoning, south ofcenter Ridge Road and west & east ofcrocker Road (the area previously known as Bretton Woods Park Subdivision Phase 4), until the December 4, 2017, meeting; tabled the Lueckel Lot Split, 29278 Schwartz Rd., PP#216-12-007, until the December 4,2017, meeting; tabled the EFG & The Estates 8 Lot Split & Assembly, 29300 Schwartz Rd., PP#216-12-011,216-12-007,216-12-024 and 216-12-026 until the December 4, 2017, meeting; tabled The Estates 8 Subdivision Preliminary Plan (9 lots), rear of29300 & 29278 Schwartz Rd., PP#216-12-007,011,024 & 026, until the December 4,2017, meeting; tabled The Residences at the Reserve Assembly Plat, 30419 & 30395 Center Ridge, PP# 217-22-003 & 004,217-21-008 & 013, until the December 4,2017, meeting; tabled The Residences at the Reserve Subdivision Preliminary Plan (4 lots), 30419 & 30395 Center Ridge, PP# 217-22-003 & 004,217-21-008 & 013, until the December 4, 2017, meeting; tabled the Thomas Kundtz Lot Split, 30440 Center Ridge, PP#217-07-014, until the December 4,2017, meeting; tabled the Primrose Management Assembly Plat, 30400,30440 & 30412 Center Ridge, PP#217-07-014,012 & 217-22-001, until the December 4,2017, meeting; tabled the Mallard Cove 3 Subdivision Preliminary Plat (5 lots), 30400,30440 & 30412 Center Ridge, PP#217-07-014,012 & 217-22-001, until the December 4, 2017, meeting; Request an additional one year extension oftime for: 14-03-16 Livingston Villas Development Plan (nursing home), Crocker Rd. (north of3550), PP#216-10-023: Motion: Mr. VanDyke moved and Ms. Falcone second to recommend a 12-month extension oftime for the Livingston Villas Development Plan to November 14,2018. Meeting adjourned at 11:59 p.m. The next regular meeting is scheduled for December 4, 2017, in the Westlake City Hall Council Chambers. Councilmember Getsay moved, seconded bycouncilmember Sullivan, to grant an extension of time for Ordinance 2017-118 until January 8, 2018. 1 Appel, Nunnari, Sullivan, O'Donnell, Brady, Getsay, Killeen. /^^
Page 7 of9 Councilmember Getsay moved, seconded by Councilmember Sullivan, to approve the McDonald's site improvements with the condition listed in the report ofthe November 13, 2017, planning commission. Nunnari, Sullivan, O'Donnell, Brady, Getsay, Killeen, Appel. Councilmember Getsay moved, seconded by Councilmember Brady, to approve the Cantina Laredo Storefront withthe conditions listed in the report of the November 13,2017, planning commission. Sullivan, O'Donnell, Brady, Getsay, Killeen, Appel, Nunnari. Councilmember Getsay moved, secondedby Councilmember Brady, to approve the AT&T Storefront with the condition listed in the report of the November 13, 2017, planning commission. O'Donnell, Brady, Getsay, Killeen, Appel, Nunnari, Sullivan. Councilmember Getsay moved, seconded by Councilmember O'Donnell, to grant a 12-month extensionoftime for the Livingston Villas Development Plan to November 14, 2018. Brady, Getsay, Killeen, Appel, Nunnari, Sullivan, O'Donnell. LEGISLATION: ORDINANCE NO. 2017-117: (SECOND READING) AN ORDINANCE CONSIDERING AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR AN OFFICE USE IN AN EXCLUSIVE INDUSTRIAL ZONE. (First reading and referred to planning commission 10/5/17, planning commission recommended approval 11/13/17) Council President Killeen set a public hearing on Ordinance No. 2017-117 for December 7, 2017. ORDINANCE NO. 2017-129: AN ORDINANCE AMENDING SECTION 505.11 OF THE GENERAL OFFENSES CODE AS TO THE DEER MANAGEMENT PROGRAM, AND DECLARING AN EMERGENCY. jpfe\ Councilmember O'Donnell moved, secondedby Councilmember Nunnari, that the rule requiring the ordinance to be read in full on three separate dates be suspended, and that the same be placed on third reading. VOICE VOTE ON SUSPENSION: Councilmember O'Donnell moved, seconded by Councilmember Appel, that Ordinance No. 2017-129 be adopted. ROLL CALL ON ADOPTION:
Page 8 of9 Getsay, Killeen, Appel, Nunnari, Sullivan, O'Donnell, Brady. None; Ordinance No. 2017-129 adopted. ORDINANCE NO. 2017-130: AN ORDINANCE AUTHORIZING THE MAYOR TO PURCHASE PATROL RIFLES FOR THE POLICE DEPARTMENT, AND DECLARING AN EMERGENCY. Councilmember O'Donnell moved, seconded by Councilmember Nunnari, that the rule requiring the ordinance to be read in full on three separate dates be suspended, and that the same be placed on third reading. VOICE VOTE ON SUSPENSION: Councilmember Nunnari moved, seconded by Councilmember Appel, that Ordinance No. 2017-130 be adopted. ROLL CALL ON ADOPTION: Killeen, Appel, Nunnari, Sullivan, O'Donnell, Brady, Getsay. None; Ordinance No. 2017-130 adopted. ORDINANCE NO. 2017-131: AN ORDINANCE DONATING FIRE TOOLS AND MISCELLANEOUS FIRE EQUIPMENT. Councilmember O'Donnell moved, seconded by Councilmember Nunnari, that the rule requiring the ordinance to be read in full on three separatedates be suspended, and that the same be placed on third reading. VOICE VOTE ON SUSPENSION: Councilmember Nunnari moved, seconded by Councilmember Sullivan, that Ordinance No. 2017-131 be adopted. ROLL CALL ON ADOPTION: Appel, Nunnari, Sullivan, O'Donnell, Brady, Getsay, Killeen. None; Ordinance No. 2017-131 adopted. ORDINANCE NO. 2017-132: AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH CROCKER PARK MANAGEMENT, LLC AND DRIFTWOOD CATERING, LLC FOR CATERING SERVICES AT MARKET SQUARE, AND DECLARING AN EMERGENCY. MISCELLANEOUS: Councilmember Sullivan thanked Police Chief Bielozer for his attendance and input at a recent Westridge homeowners' association meeting. /"^tv
COUNCIL PROCEEDINGS, NOVEMBER 16, 2017 Page 9 of9 ADJOURNMENT: President of Council Killeen declared the meeting adjourned at 8:20 p.m. Denise L. Rosenbaum. CMC Clerk ofcouncil President of Council