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Mr. Oravecz suggested that the reason this plan has taken so long to come before this board is because they have been working with the City and are willing to formalize that in a development agreement.. When the Drug Mart lease is up they will either remodel that building or demo it and redevelop the site in a fashion the City and local boards will approve. This is not just a proposed plan they are willing to memorialize the plan as indicated to the Mayor and Dave Conway. Mr. Lasko questioned if there was such a document on hand stating the city could hitch their stars too sort-a-spealcing. Listing the recommendations and requirements that would exist, so even though the discussions have ta.ken place outside this commission this commission would need a development plan. Mr. Oravecz indicated he would ask for the approval for the lot-split subject to the. Board of Zoning Appeals and development agreement accepta.ble to the city. The terms of the agreement would be what were just described. Mr. Lasko questioned if the applicant could place in writing in advance to the Planning Commission to view and consider everything together. Mr. Ora.vecz suggested that no one in the City had requested anything in writing before this meeting regarding anything formalized. It is possible to submit something in writing for the Planning Commission. Mr. Lasko commented that in the beginning of the year the Planning Commission requested sometlung in writing. Mr. Ora,vecz indicated that they were not present for those meetings in the spring. They have had several meetings with Mr. Conway and the Mayor to get to this point before you. If the board is asking for a development agreement we ask that the board give fmal approval, as it has been eight months getting to this point. If the Law Director agreed to the contents to the reciprocal easement agreement document the board can approve contingent upon the agreement. Mr. Schmitz indicated that they have spent 6 to 8 months trying to work with the city to get to this point. They have made a presentaxion to the Planning Commission so you can give a favorable recommendation to the Board. of Zoning Appeals to grant the variances. Terra Group is in the business of redevelopment and new life to old centers such as this site. Drug Mart's lease is up in one year and looked to Terra to help them address the possibility of re-facing the center. The (L) shaped lot is 4.06 acres and will allow the new owners to have 1.6 acres above and 2 point some odd acres below. The lot split will have the line between Drug Mart building and Cookies By Design building creating the need for 3 variances. There would be zero setbacks on the two lots until any type of redevelopment takes place. The third variance would be for the building exceeding the 25% lot coverage it covers 30% of the lot. All the existing buildings and this lot share a parking reciprocal easement agreement. The parking, the traffic flow and access into truck docks all remain the same in accordance to the agreement. They have submitted an Reciprocal Easement Agreement to the Law Director.and at the March 26 meeting they were asking for some type of official ruling whether or not the Reciprocal- Easement Agreement would,be acceptable. The proposed lot line will go between the drug mart and cookie buildings. Mr. Schmitz suggested that Mr. Conway ha.d them do a very detailed study on the line. The Drug Mart building walls are masonry and there is a steal beam and steal column; which separates it from the Cookie by Design building. However, the steal beam and steal column does not meet Ohio Building Codes. One option is to address the State and request that the existing condition be allowed to remain until future redevelopment. If the State says "no'." they would be required to erect a firewall on the steal structure side of the building. At a meeting Mr. Conway voiced that he did not feel that the Staxe should be addressed before Planning Commissiori ma.de a recommendation. They reviewed with the Mayor and his.staff what Drug Mart would look like if they chose to renew their lease. The entrance would have a more Western Reserve style adding dormers getting rid of wood shingles and using asphalt shingles. The base for the Drug Mart sign would be brick. If the Drug 1VIart building goes dark the. rest of the center will soon be if there is not a major anchor. Mr. Allan questioned if Drug Mart had stated they would be leaving. Mr. Schmitz indicated that he did not know the intent of Drug Mart as their Lease is not up. Mr. Lasko inquired that since the city does not have a formal development plan is there any document or anything else for this commission to have that would be adequate. Mr. O'Malley reviewed that Fairview Park is currently deeding property to the City of North Olmsted and the City will then put deed restrictions on the development and convey the land back. The matter could be handled in such a way, but that is not a common way of handling it. What usually happens is an official development plan is submitted the same time the lot split is submitted which ma.kes it easier for the City to rule on the lot split. Mr. 0'Malley indicated that without a formal submittal the City would be ha.rd pressed to enforce what has been suggested would be done if approved. Mr. Koeth remarked that he had a problem with the reciprocal easement, because if the land was sold how would the city know if the easement follows the land. Mr. Schmitz suggested that the easement runs with the land so the buyer of this parcel must uphold the recorded easement. Mr. Hreha voiced that he felt that the applicant should address the state first and he personally has a problem creating a lot which then breaks staxe fire codes. Mr. Schmitz urged the board to tell them how they should handle the situation. Mr. Koeth voiced that he was concerned that there is a lack of communication between all the departments and the Planning Commission. Planning Commission is supposed to 6