By Victor Milani
Enclosed below is the Memorandum of Understanding (M.O. U.) between Spitzer and Northfield Center. This is a major phase in bringing an end to the debate of the parcel that many residents did not want the zoning change to allow a big box retailer outlet to be built. Spitzer and the Court have to sign off on the agreement, which is enclosed below in its entirety.
YOUR INFORMATION NEWSLETTER FROM
NORTHFIELD CENTER TOWNSHIP TRUSTEE
PAUL G. BUESCHER
~ KEEPING NCT RESIDENTS INFORMED SINCE 2005 ~
#547 THURSDAY MARCH 14, 2019
NORTHFIELD CENTER & SPITZER
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is entered into by and between Spitzer A-Team, LP (hereinafter “Spitzer”) and the Township of Northfield Center, a duly organized and existing political subdivision of the State of Ohio (hereinafter “Township”).
WHEREAS, Spitzer owns approximately 43.7 acres of vacant land, which is located in the Township and set forth in the attached Exhibit A.
WHEREAS, approximately six (6) acres of land in orange on Exhibit A that fronts on State Route 82 are zoned C-1 commercial, and the remaining acres of land on Exhibit A are zoned R-1 residential; and
WHEREAS, Spitzer had challenged the constitutionality of the R-1 zoning classification as applied to approximately 16.6 acres of land identified in yellow on Exhibit A by filing a lawsuit in the Summit County Court of Common Pleas, Case No. CV-2018-03-1192, assigned to Judge Tammy O’Brien; and
WHEREAS, the parties desire to resolve the issues raised by Spitzer in the aforesaid lawsuit in a manner which benefits the community.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows:
1. Spitzer and the Township will enter into and submit to the Summit County Court of Common Pleas, a Consent Decree under Ohio Revised Code 505.07, which, among other things, shall change the zoning of the 16.6 acres of land outlined in yellow on Exhibit A from R-1 residential zoning classification to the C-1 commercial zoning classification, which is the same zoning classification that currently applies to the land outlined in orange on Exhibit A. Exhibit A CAN BE FOUND HERE.
2. The Consent Decree shall further provide for the lot reconfiguration of Spitzer’s land into the following lots: (a) two southern parcels of land that shall together comprise the approximately 22.7 acres of land that will be zoned C-1 commercial (hereinafter referred to as “the Commercially-Zoned Land”) and (b) a northern parcel of approximately 21 acres of land that shall remain R-1 residential (the “Residentially-Zoned Land”)). Spitzer shall be responsible for retaining a licensed surveyor to prepare a plat and appropriate legal descriptions for the new lots. The plat and legal descriptions for the new lots shall be attached to the Consent Decree and shall be recorded upon approval of the Consent Decree by the Court and the approval of the plat and legal descriptions by the Summit County Fiscal Office. Upon approval of the Consent Decree, Spitzer agrees that it shall make no further requests for rezoning of the Residentially-Zoned Land.
3. Subject to the Court’s approval of the Consent Decree, Spitzer expects to sell the Commercially-Zoned Land to a developer (the “Developer”) that will construct and operate a commercial development on the property. Any sale of the Commercially-Zoned Land by Spitzer will be subject to the terms and conditions of the Consent Decree with respect to any future commercial development on the Commercially-Zoned Land by the Developer that purchases the Commercially-Zoned Land from Spitzer or by any other future owner of the Commercially-Zoned Land.
4. The Consent Decree shall further provide that the Commercially-Zoned Land (the orange and yellow areas shown on Exhibit A) shall be placed into and be subject to the Joint Economic Development District Agreement, dated July 21, 1995 (the “JEDD Agreement”), which exists between the Township and the City of Macedonia, subject to the following conditions:
(a) The Developer of the Commercially-Zoned Land will be expected to comply with all terms and conditions of the JEDD agreement except that the buildings shall not be required to maintain a full Western Reserve design, but rather shall have Western Reserve design elements.
(b) If the Commercially-Zoned Land is developed for commercial use, the Developer shall create a four (4) foot high earthen mound with a row of evergreen trees, six (6) feet or taller, staggered at approximately 6-8 feet apart, along the boundary line between the Commercially-Zoned Land marked in yellow and orange on Exhibit A and the existing residentially-zoned properties located adjacent to and immediately to the west of the Commercially-Zoned Land, including a L-shaped mound that will cover any loading docks if necessary
(c) If the Commercially-Zoned Land is developed for commercial use, the Developer shall comply with all of the applicable stormwater regulations of both Summit County and the City of Macedonia. To the extent that there is any conflict between the regulations, then the stricter requirements shall apply.
(d) Any loading docks of any commercial development constructed by the Developer on the Commercially-Zoned Land would not face to the west.
(e) All lighting for any commercial development constructed by the Developer on the Commercially-Zoned Land shall be no-spill lighting in order to ensure that no lighting projects or spills onto the adjacent residential parcels to the west of the Commercially-Zoned Land.
(f) The setback for any new buildings that may be constructed by the Developer on the Commercially-Zoned Land shall be 90 feet from the western boundary of the Commercially-Zoned Land.
5. If the Commercially-Zoned Land is developed for commercial use, the Developer will replace and/or extend the sidewalk on Route 82 (starting at Beachwood moving east) to the eastern end of Spitzer’s auto dealership property.
6. Subject to the Court’s approval of the Consent Decree, Spitzer shall agree to make the following donations to the Township:
(a) Within forty (40) days of the trial court’s approval of the Consent Decree, Spitzer agrees to donate to the Township a 2019 Ford F-750 truck chassis for use as dump truck plus $56,000 cash. The dump truck’s standard tires will be replaced with the Goodyear M&S tires.
(b) Upon the sale by Spitzer of the re-zoned property, Spitzer shall donate an additional 2019 Ford F-750 truck chassis for the use as a snow plow, plus $50,000 cash. The dump truck’s standard tires will be replaced with the Goodyear M&S tires.
7. This Memorandum of Understanding shall expire if the Court does not approve the Consent Decree on or before April 30, 2019, unless further extended by the mutual agreement of the parties.
IN WITNESS WHEREOF, the parties have set their hands this ___ day of _________, 2019.
NOTE: The above Memorandum of Understanding (MOU) was approved by the NCT Board of Trustees at this evening’s Special Meeting, which made the MOU a public document. This is still pending litigation and therefore no comments will be made at this time.
NEW AMBULANCE PURCHASED
The Board of Trustees, along with Macedonia’s Acting Fire Chief, Brian Ripley and our Service Department personnel were given a tour yesterday morning of a demo Ambulance from Horton Emergency Vehicles from Grove City, Ohio. We all gave it a good ‘once over’ and were very impressed with it. It is a late 2017 model with only 13,000 miles on it.
We are in need of a replacement squad and this fits the bill. To order a brand new one would cost an estimated $30,000 to $40,000 more with upwards of an eight-month waiting period. Since this vehicle is under the State Bid specifications and is immediately available, we approved the purchase at last night’s meeting. The final price was $245,000.
In addition to the vehicle purchase price, the Board also approved an additional $87,400 in equipment required for an ambulance including; a Lifepak 15 V4 and a Lucas 3 Chest Compression System and a PowerPro Cot, Power Load Cot System, and Stair-Pro.
SOLICITOR “DO NOT KNOCK” REGISTRY
Northfield Center has been working with the Summit County Office of Consumer Affairs for the licensing and regulation of solicitors within the Township for many years. This has culminated in a desire to establish a “DO NOT KNOCK” registry to assist its residents in preventing unwanted solicitation.
The Northeast Ohio Public Energy Council (NOPEC) provides this registry to member communities and their residents, free of charge.
At this evening’s Special Meeting, the Board of Trustees authorized the Township’s participation in this program, thereby making the program available to the Township’s residents.
Information on how to register your address will be forthcoming!
LANE RESTRICTIONS ON SR 8
State Route 8 in the Cities of Stow, Cuyahoga Falls and Hudson
(Monday, March 11 – until further notice)
Beginning on Monday, March 11, SR 8 northbound and southbound between Graham Rd. and SR 303 will have various daily lane restrictions for roadway construction. This $58 million pavement reconstruction project is scheduled to be completed by summer 2022.
QUESTIONS & ANSWERS
Q >>> – Have you had a chance to see that obnoxious sign for Howard Hanna as we pull into Oakmont Drive ? I am quite sure that anyone interested in the Salemi property knows about it already – and we aren’t going to attract a “drive-by” offer. I’ve talked to several of my neighbors; we would like the sign removed! What is up with the Salemi property anyway? Is it now zoned for housing? There is nothing on the Howard Hanna agent’s listing about it.
A >>> – The sign was removed after requested by the property owner where the sign was located. The owner originally allowed the sign to be posted but after learning of concerns by you and other neighbors, they wanted to be good neighbors and had the realtors remove the sign. As far as the property goes, Salemi filed suit against us for denying his recent zoning variance request. Since this is PENDING LITIGATION, I cannot comment or provide any further information.
YOUR GENERAL COMMENTS
NOTE – If you would like your name to appear under your
Comments, please type the word “Signed” next to your name
To the lady on Hazel who walks her dog in front of what she thinks is a “nuns apartment complex “. It actually a section 8 housing facility for convicted felons! So….1) carry your gun. And 2) you should be wondering who allowed this place to house these [people] in our neighborhood.