From: https://www.cleveland.com/business/2020/11/broadview-heights-rejects-townhome-development-establishes-moratorium-on-new-subdivisions.html?fbclid=IwAR2s6MUPrW-uWyP7H7uQbGKq7MN6Ej_Ef-R1q59grrU9ZEcmurHyzett35o
BROADVIEW HEIGHTS — City Council has unanimously rejected a townhome subdivision, proposed for Ohio 82 just west of Broadview Road, and placed a six-month moratorium on any new residential developments.
Both actions were taken Oct. 19. None of the seven council members returned emails to discuss why they voted down the townhome development, dubbed Ledges of Broadview, or why they established the moratorium.
The moratorium resolution suggests it might be due to “water problems.”
“City Council wishes to conduct extensive studies with respect to said matters within this city in order to address and correct these issues,” the resolution says.
“It is expected that said studies will lead to significant amendments to the Broadview Heights codified ordinances with respect to building requirements in residential districts,” the resolution says.
At least some of the impetus for council’s decisions came from a newly formed group of residents, Citizens Coalition for a Better Broadview Heights, which is concerned about how future home construction might worsen flooding in existing neighborhoods.
Marilyn Houdek, who lives on Ohio 82 just west of the Ledges’ proposed site, told cleveland.com that several residential properties in the area were flooded after the Labor Day rains.
The residents submitted a petition, with about 90 to 100 signatures, asking the city for the moratorium on new developments.
“The city responded quickly,” Houdek said. “It looks like they are trying to find answers.”
According to draft minutes of the Oct. 19 council meeting, council President Robert Boldt said the moratorium on new residential developments was the second of its kind since he’d been on council.
The first was about 15 to 16 years ago, and the purpose then was to increase the amount of stormwater that subdivisions were required to retain on their sites.
This time, Bolt said, the underlying reason for the moratorium is to protect the value of existing homes.
Council’s vote to create the moratorium was unanimous.
It’s less clear why council voted against Ledges of Broadview, since the moratorium doesn’t apply to subdivision plans, like those for The Ledges, that had already been submitted to the city.
Controversial proposal
Ledges of Broadview had turned controversial since it was first proposed.
In May 2019, Broadview Heights voters rezoned the proposed Ledges of Broadview site from a single-family district, which prohibits townhomes, to the city’s unique Town Center Special Planning District Zone B, which permits townhomes.
At the time, the plan consisted of four parcels totaling 16 acres just west of the Weeping Cherry Village apartments. Louis Colantuono, who owns three of the four parcels, and Ashley and Matthew Fiala, who own the fourth, sent letters to the city supporting the project.
A month after voters approved the rezoning, Thom Sutcliffe, land acquisition manager with Drees in Brecksville, sent a letter and blueprint showing the proposed Ledges of Broadview to the city. Land owned by the Fialas had been dropped from the project, and the plan now consisted of 36 homes instead of the original 42, on 13 acres instead of the original 16.
In the June letter to the city, Sutcliffe did not explain why the plan had been changed or even acknowledge that a change had occurred.
James Conlon, an attorney representing the Fialas, said that exclusion of the Fialas’ land from Ledges of Broadview would turn the Fialas’ lot into a residential island, diminish their property value and count as a taking of land. He added that the city would be involved in any lawsuit filed over the matter.
Matthew Fiala added that several neighbors were not provided written notice of the proposed zoning change before it went to the ballot, although city officials said correct notification procedures were followed.
Meanwhile, Gill Construction Inc., which claims it had been working with Drees on development of the Fialas’ parcel before Drees eliminated it from the plan, also hired a lawyer and formally objected to the development.
After council rejected Ledges on Oct. 19, Sutcliffe, who was at the meeting, said Drees and a property owner near the Ledges site had reached an agreement the previous weekend. It wasn’t clear from the meeting minutes whether Sutcliffe was referring to the Fialas, but he did say that Drees had resolved every problem council had with the development.
Sutcliffe said he would leave “all of his options open” but didn’t elaborate. He said he was disappointed in council’s decision.
Gillian Hall, identifying herself as a representative of Drees, said the developer had planned to give a presentation to council that evening that would have addressed every concern the city had about Ledges of Broadview. She said they were denied that opportunity.
However, Boldt said Drees should have made its presentation during a previous council work session, adding that Drees didn’t request additional time to make its case.
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