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Spillway proposal moves toward ballot
(by Barbara Christian - November 12, 2008)
Spillway proposal moves toward ballot
By BARBARA CHRISTIAN
An ordinance listing additional uses for the Ivex property was passed by Chagrin Falls Village Council Monday, setting the stage for a Feb. 3 special election.
The decision was not unanimous. Councilman Richard Subel opposed it, saying he wanted to see the separate development agreement between the village and Spillway Partners, which owns the property off Cleveland Street.
That agreement, which is weeks away from completion, is to be negotiated by Mayor Thomas Brick, village Administrator Benjamin Himes and Law Director Stephen Byron. It is to spell out details on the uses planned for the former paper-mill property and what promises the developers will make on such items as hours of operation and odor and noise abatement.
Mr. Byron said a draft agreement could be ready by the first council meeting in January.
Councilman James Watterson said residents will be kept in the loop as the agreement evolves and will have opportunity for input.
Two council members did not vote on Monday's amended uses for the limited industrial zone. Councilman Steven Patton and Councilwoman Janis Evans recused themselves, citing personal business dealings with one or more of the three Spillway partners.
The three men in the partnership are Robert Darden, of Bentleyville, William Phillips, of Russell, and Darren Wyville, of Chagrin Falls. They have said they welcome a voter referendum on their plans.
Some residents had been calling for that referendum.
Marc Benson, president of the neighboring Hamlet Retirement Village, and former Mayor B. Richard Bodwell, a Columbus Street resident, have been outspoken about the plans. Their objections to the redevelopment of Ivex as an entertainment and leisure-time destination have included concerns about noise, light, odors, traffic and safety.
The legislation passed Monday does not address those issues. It spells out what can go into the limited industrial zone as a mixed-use development. It also specifies that a minimum of three uses on each three acres can form a mixed-use development, which is intended to ensure a diversity of uses and prevent the future possibility of big-box retail stores.
Spillway Partners have said they will look for business owners for each of the uses, including a 20-room inn, restaurant, separate micro-brewery, 80-seat classic-film theater and arts-oriented retail spaces.
Trifles, a South Russell catering business, has contracted for space in a new building to be constructed on the property. In addition to its own clients, the caterer plans to serve the needs of business and community meeting and events rooms.
Councilman Dwight Milko said it makes sense for voters to have the development agreement in place before the election, so they have "the entire package." The coming election sets a time line for that agreement to be completed, he added.
Mr. Subel said he viewed passage of the mixed-use legislation as "losing a bargaining chip" with the developers.
Mr. Milko said he doesn't think the developers and residents are that far apart on points of contention, and he's confident they can be worked out in the development agreement. If Spillway does not live up to its end of the agreement, its ability to do business can be subject to review, and permits can be pulled, he said.
Mr. Milko said he lives in the affected neighborhood and shares his neighbors' worries. But the pros outweigh the cons in terms of economic opportunities for Chagrin Falls, he said. That means jobs for residents and new sources of revenue for the village, he said.
Further, the Ivex buildings, which have historic significance as the last mill site in Chagrin Falls, will be restored and not be demolished, Mr. Milko said.
Infrastructure issues such as lowering the Cleveland Street dam to a level not governed by state or federal mandates and long-sought sidewalks for Mill and Cleveland streets will be paid for by the developers, Mr. Milko said.
Mr. Benson had lauded the plan for being a positive thing for Hamlet residents in terms of a variety of new things to do. But he added that "the devil is in the details" and said he will push for "quality-of-life" issues in the development agreement, including noise, light, odor and hours.
Mr. Darden noted that the State of Ohio Liquor Board controls hours. But he and his partners have already agreed to stay open no later than the bars and restaurants in downtown Chagrin Falls, he said.
Mr. Wyville pointed out that the partners have made a variety of concessions on occupancy loads for the various uses and continue to be open to suggestions and residents' concerns.
Monday's meeting was held in the Chagrin Falls Intermediate School auditorium to handle public attendance, which, on previous occasions, could not be accommodated at Village Hall.
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