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Minutes of the Special Meeting of Council Monday; January 9; 2017 Page 2 Ouen Portion 3-minute limit imposed by Chair. Those who wish to speak inust first state their name- and address (The public is requested to limit their discussion to agenda,itam only.) This is limited to discussion on Ordinance No. 2016-20 uan Piehar I am the, attorney for Dr. Moyal who is seated behind me in the audience and owner of the property located at 730 SOM Center Road which is the subject of Ordinance 2016-20. On November 7th; members of Council will recall, there was a public hearing on this Ordinance. It was a little over 2 months ago. I will briefly summarize from my client, Dr. Moyal's perspective of the salient issues, again to request us to allow the electors of the Village to decide whether the subject property located in a single family U-1 district directly in front of property located in the office/laboratory district known as University Hospital Mayfield Health Center, aka Georgian Medical building, should in fact be rezoned to the requested office/laboratory district use. It is the property owner's position that his property cannot be economically developed as zoned single family residential and again the request is to a11ow for economically viable use of assisted living. Briefly, the subject property is adjacent to non-residential properties which include Fisher's Tavern, the Village Fire Department, Village Service Department, Ken's Auto and unimproved property owned by the Village. The proposed use is identical to Governor's Village Assisted Living Facility, 280 North Commons Boulevard, which is located in the office/laboratory district and operates as an assisted livirig facility pursuant to a conditional use permit that was issued by the Village as settlement of a lawsuit. Presently, no zoning district in the Village's Codified Ordinances allows the proposed use of assisted living. On August 1St, Planning and Zoning Commission deadlocked in a motion. They tied and therefore took no action on recommendation whether to allow this matter to be placed on the ballot for the electors to make a decision. The request presently is to allow the electors to decide on May 2nd whether or not the property. should in fact be rezoned. If rezoned, the Board of Zoning Appeals, by use variance pursuant to a recent amendment to Section 12 of the Charter to allow for the proposed assisted living use to be developed. If rezoned on May 2"d, a completely new process would be required including the use variance application to the Board of Zoning Appeals, a Development Agreement and exhaustive administrative review of all plans including drainage and zoning issues. The revised development plan submitted to the Village was requested by Mayor Bodnar's predecessor going back to Mayor Rinker and reduces what was previously submitted many years ago in 2003 and did not go on the ballot. Dr. Moyal at that point made a decision not to proceed. As everybody's aware, he does in fact own the University Hospitals' 1VIayfield Village Health