STAFF REPORT

To: Municipal Planning

Commission
Meeting Date:
February 11, 2016
Applicant:

Prepared By: Ronald M. Traub, Director

Economic & Community Development

Sheldon Berns attorney of the Jerome T. Osborne Estate

Requested Action: Informal Rezoning

Purpose:

To rezone 4.235 acres of property from C-1, Conservation to B-3, Interchange Service
District

Existing Zoning:

C-1, Conservation

Parcel ID Number:

16-A-011-0-00-009-, 006-0

Location:

Southeast corner of Center Street (State Route 615) and Interstate 90 interchange

Size:

4.235 acres

Existing Land Use: Horse farm

Surrounding Land
Use and Zoning: North: Interstate 90
East: farmland in Kirtland Hills Village; zoned Farm and Residence District
South: farmland in Kirtland Hills Village; zoned Farm and Residence District
West: vacant land; zoned MRD, Research and Development
Zoning History:
The property was originally in Mentor Village and was zoned U-1, Residential. In
February 1963 when the first official zoning map was approved by the City of Mentor
the property was classified as A-1, Agricultural & Vacant. In May 1982 the property
zoning was changed as part of a zoning code amendment which created the current
zoning districts. Jerome T. Osborne purchased the property in 1977 and used it as a
horse farm.
Applicable
Regulations:

Public Utilities:

Charter 3.09 Ordinance and Resolutions

Chapter 1137 Amendments
Chapter 1137.04 Information Required
Chapter 1153.01 Districts Established
Chapter 1155.01 Schedule of District Regulations
Utility service is available in the street right-of-ways.

Engineering Comments:
TRAFFIC
{T2} Pursuant to 1133.07 of the Mentor Code of Ordinances: Any person, firm, corporation, owner or lessee
of any lot or land, constructing or causing to construct access to any public roadway in the City, except
from residential subdivisions totaling five (5) acres or less, shall first present to the City the results of a
trip generation study and traffic impact study performed by an engineer qualified and pre-approved by the
City Engineer. The trip generation and the traffic impact study shall describe the maximum anticipated
traffic volumes by location and direction to be generated and which will impact the road system during a
peak design hour in the year of construction plus twenty (20) years. The report shall also provide the
means to compensate, for any degradation of the traffic services existing on the City roadway system to
the City Engineers satisfaction prior to the granting of a permit for construction. Improvements to the
City roadway system shall be constructed as part of the development and its permit, the developer shall
provide inspection fees, a testing deposit and a surety representing 100% of the cost of improvements.
CIVIL/SITE
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Provide development plan indicating proposed uses and access to the site for engineering review.

Fire Department Comments:

If this is developed, Fire Hydrants would be required per City ordinance.
Police Department Comments:
No concerns
Analysis:

The applicant requests to rezone the southeast corner of the State Route 615 & Interstate 90 from
C-1, Conservation to B-3, Interchange Service. The applicant indicates the construction of the
S.R. 615 / I-90 interchange in 2003 changed the character of the property with increased traffic
patterns and volumes and the general exposure. In the Statement of Justification the applicant
indicates that a more appropriate use of the property is for highway commercial development
provided for in the B-3, Interchange Service District.
In Chapter 1155.01 Schedule of District Regulations, the purpose of the C-1, Conservation
District is to conserve and protect ecological sensitive areas and other special areas with unique
features. The purpose of the B-3, Interchange Service District is to provide location for activities
most suited to highway interchange access by their nature and the needs of freeway travelers; to
take advantage of special opportunities available to the community at the freeway interchanges;
and to promote attractive development of the freeway interchange entrances to the community.
The City has reviewed two (2) rezoning requests in the past at this interchange; one on the
northwest corner (Newell Creek) and one on the southwest corner (Vera Keck). The Newell
Creek Development Plan prohibited service stations, fast food restaurants and motels as part of
the development guidelines, while the Keck rezoning eliminated the portion of land (currently
zoned MRD) from the more limiting B-1, Community Service which was approved to the west
and abutting I-90. The Administration is recommending that any rezoning to a B-3, Interchange
Service be accompanied by a development plan. Consultation with Kirtland Hills Village is
required as site access is through their jurisdiction.
The City Engineer is requesting a trip generation and traffic impact study to be provided for
review and approval by the City. The study shall describe the maximum anticipated traffic
volumes by location and direction to be generated and impact the road system during a peak
design hour in the year of construction plus twenty (20) years. The report shall also provide the
means to compensate for any degradation of the traffic services existing on the City roadway
system to the City Engineers satisfaction prior to the granting of a permit for construction. In
addition, the ODOT limited access area right-of-way needs to be clarified.
Per Chapter 1137 Amendments, the first step to amend the Official Zoning Map is to file an
informal request, which is followed by the formal rezoning application to the Mentor Municipal
Planning Commission. The Commission makes a recommendation to City Council, who will then
vote on the ordinance of the zoning amendment. Per the City Charter Section 3.09 Ordinances
and Resolutions A 1., legislation providing for a zoning change of lands from any residential
district zoning classification to an industrial or commercial zoning district classification requires
approval of a voter referendum by the majority of the electors of the City of Mentor at the next
general or primary election occurring not less than sixty (60) days after passage of such
legislation.
The Administration suggests the following conditions be approved by the Commission for the
applicant to provide as part of the formal rezoning request.

Conditions:
1. A development plan shall be submitted as part of the formal rezoning request.
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2. Comments per the City Engineer and Fire Department shall be addressed as part of the formal rezoning
request.
3. A legal description of the property shall be submitted as part of the formal rezoning request.
4. The preliminary plans shall include the names and addresses of the owners of the property owners contiguous
or directly across the street from the subject property.
5. Existing topography at 2 ft. contour intervals of the property to be rezoned and extending at least 300 ft.
outside of the proposed site, including property lines, easements, street right-of-way, existing structures, trees
and landscaping features existing thereon.
6. The proposed vehicular and pedestrian traffic patterns.
7. The location of all existing and all proposed structures.
8. The proposed assignment of use and subdivision of land including private land and common land.
9. Preliminary plans of all structural types.
10. Deed restrictions and protective covenants.
11. A schedule for construction and cost estimates.
12. Regional location map.
13. Population impact evaluation.
14. Market report.
15. Trip Generation and Traffic Impact Study.
16. Utilities impact evaluation.
17. Drainage impact evaluation.
18. A perpetual maintenance plan for the open space areas shall be submitted for review and approval prior to
approval of the Final Subdivision Plan.
19. Such other relevant information as the Planning Commission may require.
Exhibits:

Application, Cover Letter, GIS Map

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