STAFF REPORT

To: Municipal Planning

Commission
Meeting Date:
March 24, 2016
Applicant:

Prepared By: Ronald M. Traub, Director

Economic & Community Development

Rick Christenson, property owner

Requested Action: Formal Rezoning

Purpose:

To rezone 2.41 acres from R-10, Multi-Family Residential to B-2, General Business

Existing Zoning:

R-10, Multi-Family Residential

Parcel ID Number:

16-B-031-A-00-020-0

Location:

7559 Mentor Avenue

Size:

2.41 acres

Existing Land Use: Mentor Park Apartments

Surrounding Land
Use and Zoning: North: vacant land; zoned B-2, General Business
East: vacant land; zoned B-2, General Business
South: Buybacks and Kronheims Furniture; zoned B-2, General Business
West: Colonial Plaza and vacant land; zoned B-2, General Business and M-1, Light
Manufacturing
Zoning History:
The Mentor Township zoning map in effect in 1955 depicts 200 ft. from Mentor Avenue
was zoned B, Business, the rear portion 500 ft. from the center of the tracks was zoned
I, Industrial. The apartment complex was built in 1960. In 1963 when the City of
Mentor was formed, the property was zoned R-3, Multiple Family Residential. In March
of 2016, the informal rezoning of the property from R-10, Multi-Family Residential to
B-2, General Business was discussed by the Commission.
Applicable
Regulations:

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

Engineering Comments:
Access to existing traffic signal shall be maintained with any development plan.
Fire Department Comments:
No comment
Police Department Comments:
No concerns
Analysis:

The applicant proposes to rezone 2.41 acres of land from R-10, Multi-Family Residential to B-2,
General Business. The property owner, Rick Christenson wants to sell the 57-unit Mentor Park
Apartment complex and/or market the property for a commercial use. The applicant was advised
that rezoning the property to B-2, General Business would make the apartment complex a nonconforming structure and use of the land. The apartment use and structures could be maintained
but not expanded to occupy a greater area. The property owner could sell the apartment complex
and maintain the property if it is rezoned to the B-2, General Business. The Administration is

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recommending a condition be included in the rezoning that any commercial development of the
non-conforming apartment structures and/or use of the land will require the termination of the
entire apartment use and demolition of the non-conforming structures. The applicant has
indicated that he would be agreeable to such a condition.
Staff Exhibit A is a conceptual site plan showing how the apartment complex property could be
developed for possible retail and office uses. The access drive would align with the existing traffic
signal at Middlesex and Mentor Avenue. There is an opportunity to expand and interconnect the
commercial development with the undeveloped property to the west owned by USA Management
currently zoned B-2, General Business and with the Mentor City Land Bank property to the north
and east also zoned B-2, General Business. The abutting property owner (USA Management) has
filed an application to rezone approximately 7.5 acres in the rear (north) of Colonial Plaza from
M-1, Light Manufacturing to B-2, General Business.
The Mentor City Land Bank owns the property to the north and east of the apartment complex.
The 16.65-acre site was rezoned from M-1, Light Manufacturing to B-2, General Business by the
previous owner who filed a petition with the Lake County Board of Elections to rezone the 16.65
acres. The rezoning initiative was passed by the electorate in November of 2000.
Prior to filing the petition to rezone the property, the previous property owner submitted a request
to the Commission and City Council to rezone the property from industrial to commercial. In
March of 2000, the Commission recommended approval of the rezoning request by a vote of 5/0
but it was denied by City Council. The 2000 development plan indicated how the property could
be developed for commercial uses. A big box store was proposed to the south and east of the
apartment complex property. The westerly site plan indicated a building located at the north side
of the property with parking and access between T Js on the Avenue restaurant and the future
Bridgestone/Firestone tire store.
The Administration is exploring the possibility of entering a development agreement with the
applicant, USA Management and Wilson Land Properties and Heisley Hopkins, Inc. in order to
market the undeveloped property north of the existing businesses on Mentor Ave. The
development agreement would provide for cross access between the properties. Access can be
provided from multiple locations; the existing access drive from Plaza Boulevard, the signalized
intersection at Mentor Avenue and Middlesex Road, and the existing access drive at Mentor
Avenue and Brentwood Road. The future access to Plaza Boulevard extension will increase
traffic along the existing access drive onto Plaza increasing the potential for commercial
development. In addition, the Administration recommends that cross-access easements be
explored with the owner of the Colonial Plaza and carwash/oil change. The applicant has
indicated that there is no prospective buyer for the property.
The Mentor Police Department responded to 134 incidents in 2015 for a variety of calls ranging
from mental health issues, noise, burglary, assault and drugs and alcohol. There have also been
several property maintenance/nuisance issues associated with the apartment complex prior to the
current ownership.
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 filing deadline for the upcoming
November 8, 2016 Primary Election is September 9, 2016.
Conditions:
1. A legal description of the property shall be submitted as part of the formal rezoning request.
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2. Any commercial development of the nonconforming apartment structures and/or use of the land will require
the termination of the entire apartment use and demolition of the non-conforming structures.
3. 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.
4. 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.
5. The proposed vehicular and pedestrian traffic patterns.
6. The location of all existing and all proposed structures.
7. The proposed assignment of use and subdivision of land including private land and common land.
8. Preliminary plans of all structural types.
9. Deed restrictions and protective covenants.
10. A schedule for construction and cost estimates.
11. Regional location map.
12. Population impact evaluation.
13. Market report.
14. Trip Generation and Traffic Impact Study.
15. Utilities impact evaluation.
16. Drainage impact evaluation.
17. A perpetual maintenance plan for the open space areas shall be submitted for review and approval prior to
approval of the Final Subdivision Plan.
18. Such other relevant information as the Planning Commission may require.
Exhibits:

Application, Staff Exhibit, 2000 Development Plan, Incident Report, GIS Map

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