Council advances Deepwood rezoning discussion after developer says emergency-access easement near completion

Mentor City Council moved a proposed rezoning of about 12.7 acres at 8245 Deepwood Boulevard to the next (third) reading after city staff and the developer reported progress on several outstanding concerns, including sidewalk placement, architectural standards and a needed emergency-access easement.

The ordinance (filed as Ordinance No. 25-053) would rezone the parcel from R-4 (single-family residential) to R-10 (multifamily residential) pursuant to a specific development plan and conditions. Planning staff said the developer has submitted revisions that address previous council comments, including adding a sidewalk along one side of the proposed street and changes to elevations and architectural material suggestions. Council reserved final architectural approval to the final plan but discussed whether to incorporate the renderings into the ballot document.

A central outstanding item is an emergency access cross-easement across an adjacent condominium property. Gordon Burns, counsel to the developer, told council negotiations with the condominium association are nearly complete and that the easement draft is “a few words” from being final; he proposed making the recorded easement a condition of the rezoning. Mr. Burns said the draft includes (1) an express emergency-access easement, (2) the city named as a third-party beneficiary with enforcement rights, and (3) a requirement that the city’s access rights cannot be altered without the city’s consent.

City law staff and council members discussed the statutory and procedural steps to place the rezoning on the November ballot. The city charter requires materials be submitted to the board of elections at least 60 days before the general election; staff identified August deadlines and the council’s next meeting after recess as an opportunity to finalize text and exhibits. Council voted to advance the ordinance to the next reading rather than take final action at the July 1 meeting, noting the need to confirm the easement language and revised site plan.

Developers and their engineering consultant answered council technical questions about parking and sidewalks. David Novak of Barrington Consulting Group said the revised plan provides approximately 22½ feet from the front of units to the proposed pavement (or pavement edge to sidewalk when sidewalk is included), which the consultant said would allow two cars to be parked in driveways without overhanging a sidewalk using the dimensions the city requires for parking spaces.

Council members were split on sidewalk requirements and whether the proposal should be placed on the ballot before the easement is recorded. One member pressed to wait until the easement is final and recorded, while others urged moving forward so the public could vote in November while staff and legal finalize technical language. Because the rezoning would be submitted “pursuant to development plan,” the ordinance and accompanying plan (and any architectural exhibits the council chooses to include) will be what the electorate sees if the council places the measure on the ballot.

Next steps: council will continue review and finalization of the development plan, finalize easement language acceptable to the law director, and read the ordinance a third time at the council’s next session. Staff noted there remains sufficient time to meet the board-of-elections deadline if the outstanding items are resolved at the next meeting.