Office of Community Development 66 Mentor Avenue 440392-5918 Engineering Department 66 Mentor Avenue 440-392-5935

MEMORANDUM
TO: CC: Planning Commission Members City Manager Rita McMahon; Assistant City Manager, Doug Lewis; Assistant Law Director Jim Lyons; Planning Commission Secretary Lynn White Russ Schaedlich, AICP, City Planner December 2, 2011

FROM: DATE:

SUBJECT: Rezoning Request for Permanent Parcel # 15-C-017-0-00-028-0; Containing 49, 644 sq. ft. (or 1.14 Acres of Land) from R-2, MultiFamily Residential to B-1, Business Residential. APPLICANT: Arthur, Carol, and Brian Shamakian and Elissa Petrozzi, dba, Steele Mansion Suites, LLC. CODE SECTIONS: Chapter 1147.02.

EXHIBITS: I. Steele Mansion Suites, LLC Narrative; II. Tax Map; III. Aerial Photo; IV. Pictures GENERAL LOCATION: The parcel of land is located at 348 Mentor Avenue and is near Johnsons Funeral Home, Charter Oak Park and Lake Erie College. LOT AREA: The lot contains 49,644 square feet, or 1.14 acres of land. LAND USE: The parcel contains a former 14-unit apartment building that is undergoing extensive restoration. LAND USE OF SURROUNDING AREAS: NORTH: There are duplexes at 311, 321, 329, and 337 West Jackson Street that are all zoned R-1, Single Family Residential. WEST: There is a single family home at 362 Mentor Avenue. The property is zoned R-2, Multi-Family Residential. Johnsons Funeral Home and residence is located at 368 Mentor Avenue. The First Church of Christ is at 418 Mentor Avenue. Both of these properties are zoned R-1, Single Family Residential. SOUTH: There is a large home converted to 4+ apartments at 343 Mentor Avenue. This property is zoned R-2, Multifamily. Lake Erie

College is to the west of that. The College is zoned R-1, Single Family Residential. EAST: This property at 332 Mentor Avenue has a single family home. East of that is 328 Mentor Avenue which also contains a single family home. There are several multi-family properties east of 328 Mentor Avenue at 312, 298 and 292 Mentor. All of these properties are zoned R-2, Multi-Family Residential. CURRENT ZONING OF SUBJECT PROPERTY: R-2, Multi-Family Residential. The applicant was previously granted permission to operate fifteen (15) apartment units at the Steele Mansion based upon the propertys current zoning and lot area. PROPOSED ZONING OF SUBJECT PROPERTY: B-1, Business/Residential PROPOSED USE AND ACTIVITIES: The property owner, Steele Mansion Suites proposes to operate the inn, which would consist of 22 suites. The owner also proposes related activities such as a restaurant, meeting rooms, gift shop, high teas, private events, etc. A detailed narrative provided by the applicant is attached for your review. FINDINGS OF FACT: The following is an examination of the rezoning and conditional use requests based on the following criteria: (1) Is the rezoning consistent with the Citys Comprehensive Plan?

Per the 2006 Comprehensive Plan Update, the proposed rezoning is located in Neighborhood #5. Neighborhood #5 is described as a mixture of single family residential, with a few multi-family units, an industrial park and several isolated industries, Morse Avenue Community Center and Park, the Municipal Electric Plant, several public buildings, scattered commercial businesses and a concentration of commercial uses near the downtown, a small segment of the MetroParks Greenway and, and a Bed & Breakfast. According to survey results, Neighborhood #5, along with #1, #3, #4 and #2, was identified as a neighborhood needing the most community support and attention. The section closest to downtown (the Morse Avenue Area) was identified in the 1993 Plan as an area needing housing rehabilitation. Since that time strengthening the residential character of the neighborhood has been accomplished developments such as the Kaim Subdivision, a 23-lot single family development being built around Michael Court, in-fill housing being constructed by the Western Reserve Community Development Corporation (WRDCD) in the Jefferson Street and Morse Avenue area, and the construction of the new Maple Elementary School. The construction of the Maple Elementary School is envisioned as a catalyst for a plan that draws all

of these uses (residential both single and multifamily, commercial, industrial, public and green space) into a coherent and meaningful scheme that protects single family homes and incorporates commercial and industrial uses. Further enhancement of the residential character of the neighborhood occurred as a result of residents from the section of Mentor Avenue, from its intersection with West Washington Street to Veterans Park (along with a portion of Wood Street and West Washington Street) worked to strengthen and provide identity to their area with the formation of the Mentor Avenue Historic District Association (MAHDA). The District has developed and installed District markers, house plaques, and flags to help establish an identity and brand the District. The proposed rezoning of the Steele Mansion property works with and against the Comprehensive Plan at the same time. The restoration of the Mansion serves to strengthen the historic nature of the neighborhood, and helps to provide the neighborhood with a stronger identity. However, the use as an inn brings an additional business element to the district, especially with all of the activities proposed for the Mansion, there are concerns that the residential character of the area could be compromised, particularly with single family homes flanking the Mansion on either side. In reality, Mentor Avenue from Wood Street west to Fern Drive is predominantly residential in character. Through the years there have been several attempts to rezone property along Mentor Avenue from residential use to commercial. All have been met with strong resistance. When a rezoning of residentially zoned property was proposed to allow construction of business condominiums on the south side of Mentor Avenue across from Roosevelt Drive and Harmon Avenue, residents vocally opposed the change. The rezoning request was denied. Rite Aid attempted to rezone property at 642 Mentor Avenue that had split commercial and residential zoning to build a store there. Again, the proposal was met with staunch resistance and was ultimately denied. More recently, property at 720 Mentor Avenue was proposed to be rezoned from R-2, Multi-family to B-1, Business/Residential to allow for a group home for homeless veterans to be operated by an organization called Homes for the Brave. This proposal was also defeated. The residents value the residential character of Mentor Avenue and typically are united against its degradation. (2) Is the change consistent with the purpose and intent of the applicable zoning district? The purpose of the B-1, Business Residential District is to provide a transition from residential to commercial areas, and to prohibit those automobile related businesses and uses, including drive-through commercial uses, that

tend to make pedestrian circulation difficult or unsafe. Although the district may allow residential uses, it is not intended to offer a residential environment protected from the effects of usual and customary business activity. The permitted and conditional uses are those which will have a minimal impact on the adjacent residential property but will provide support activities to those adjacent areas. In this particular case, rezoning the Steele Mansion to B-1, Business/Residential does not provide that transition from residential to commercial uses. In fact, the B-1 parcel would be a stand-alone single parcel between adjacent properties zoned R-2, Multi-Family Residential. The proposed use as an inn also would require the applicant to secure a Conditional Use Permit in addition to the rezoning. The Conditional Use Permit request is being sought under Similar Uses as determined by the Planning Commission. The request for a 22-suite inn with meeting rooms, full commercial kitchen, gift shop, and exercise area provides for a unique project and vision for the use of the Steele Mansion that does not exactly fit the categories of permitted and conditional uses listed under the B-1 zoning district. This is the reason why the applicant must also obtain approval of their conditional use request above and beyond receiving approval of the rezoning request to B-1, Business/Residential. (3) Can the property be reasonably used under the current zoning category? The Steele Mansion property was previously approved for 15 apartment units with two variances by the City through the Board of Zoning Appeals. One variance was for the building height (the Mansion was constructed before zoning was instituted in the City and for accessory building size to accommodate the large proposed garages for tenant vehicles. The property has a reasonable use as apartments. (4) Will the change adversely affect the adjoining properties?

There is a possibility that the proposed inn and the variety of activities under consideration for the property could adversely affect the single family properties on either side of the Steele Mansion. Weddings, showers and other occasions held outside with the use of a tent could provide issues of noise, lighting and traffic that could affect the neighboring property owners enjoyment of their property. Parking will also be an issue. There is not enough room on the property to provide adequate parking. Written parking space agreements, thereby assuring their retention for such purposes, shall be properly drawn and executed by the parties concerned, and approved as to form by the Law Director of the City of Painesville and shall be filed with the application for a building permit. [Section 1137.05(c) Special Parking

Provisions] Such off-lot parking spaces shall be located within 500 feet of the Steele Mansion property. [Section 1137.05(a)] (5) Will the change impact or change the character of the neighborhood? The zoning change to B-1, Business Residential has the potential to change the character of the neighborhood. If the proposed inn is as successful as envisioned by the applicant, there will be an increased level of activity that could increase traffic, both pedestrian and vehicular, deliveries, noise, and lighting that could bring a more commercial feel to the neighborhood. The surrounding residential uses could be negatively impacted. The prospects of an inn as proposed by the applicants is intriguing, however, there needs to be a business plan and operational plan in place to ensure its success and keep impacts to adjacent properties and the neighborhood to a minimum. In addition, it is difficult for staff to evaluate the proposal given the basic concept plan submitted by the applicant. Other concerns arise concerning what would happen with the Steele Mansion should the inn project end up not being viable. Can the applicant secure adequate shared parking within five hundred (500) feet to handle the proposed events? What other permitted uses under B-1 could reasonably utilize this space should the inn close. If the property were to be rezoned in the future back to R-2, Multi-Family Residential, could the 22 suites proposed for the inn be reasonably and economically converted to back to fifteen the (15) apartment units as were approved based upon the total square footage of the property? The minimum square footage of a 1-bedroom apartment is 750 square feet; a 2-bedroom is 900 square feet and a 3-bedroom is 1000 square feet. A proposal is currently under review by the City to increase these minimum floor area requirements by one hundred (100) square feet for each apartment category listed above (6) Will the zoning impact the provision of public services and facilities? All City services are currently provided in this area. (7) Does the zoning impact the traffic and traffic safety of the area? The area is already busy as Mentor Avenue is a major arterial. Lake Erie College, Johnson Funeral Home, First Church of Christ, and the Zion Lutheran Church and School are traffic generators. The impact would be more pronounced to the two adjoining single family properties. Increased traffic, both vehicular and pedestrian (due to off-site parking) is very possible and could have a detrimental effect on those adjoining properties and neighborhood.

(8) Is the location appropriate for the proposed uses in the zoning category? and, The location is dictated by the Steele Mansion. The possibility of other properties meeting the needs of the proposed use as an inn and its related facilities is slim. However, the Steele Mansion is firmly situated in a residential neighborhood and there is valid concern regarding the potential effects on the surrounding properties and neighborhood. (9) Have there been changes in the circumstances that would make the original zoning no longer appropriate? There have been no changes that would make the current zoning of the property (R-2, Multi-Family Residential) inappropriate. Steele Mansion Suites, LLC purchased the property on December 12, 2010. Steele Mansion Suites, LLC originally intended to restore the Mansion and provide fifteen (15) apartments (there were fourteen (14) units prior to the fire in 2000). They applied to the Board of Zoning Appeals and on April 21, 2011 were granted variances for building height and larger accessory buildings to provide enclosed parking spaces for the tenants. Since that time, Steele Mansion Suites plans have evolved into the proposed use before you for consideration: a twenty-two (22) unit inn. Recommendation: Although the inn is an intriguing prospect, especially considering the historic nature of the Steele Mansion, there are many aspects that could potentially become problematic for neighboring properties. We understand that there will be several of the neighbors at the meeting to express their positions on this issue. The Staff is concerned about the precedent that could be set by rezoning an isolated parcel of property for a particular use. It is critical that the decision made by the Planning Commission be based on the long term vision and goals for the community and a determination that the rezoning of the site will enhance that vision.