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Solar Center owners hit with moratorium
(by Sue Reid - August 03, 2011)
Solar Center owners hit with moratorium
By SUE REID
Following the city's learning of a lawsuit involving owners of the Solar Center plaza, Mayor Susan A. Drucker asked for City Council action Monday. It involves placing a temporary moratorium on any development of the property that is not in accordance with the development agreement in place since 2009.
Following an executive session, council approved an ordinance imposing a temporary moratorium of nine months on variances, site plan approval and any other official action permitting development of the property other than according to the development agreement already in place.
Solar Center is at the southeast corner of Aurora (Route 43) and SOM Center (Route 91) roads.
The lawsuit, filed June 22 in the Cuyahoga County Court of Common Pleas by Sheldon Perlick Family Partnership et al v. Solar Center Ltd., is for the judicial dissolution of three of the four entities that control a major portion of the site.
In addition to dissolving the business and assets of Solar Center, the plaintiffs are asking that the court issue an order to the other partners involved to enter into a lease with Giant Eagle to maximize the return for the members in any dissolution of the respective companies.
According to the lawsuit, the entities involved cannot unanimously agree to go forward and develop the property.
The moratorium would give them time to resolve their internal disputes, the ordinance states.
The ordinance goes on to state: "The filing of the lawsuit may jeopardize and/or make null and void the agreement and the restrictive covenant which were intended to govern and regulate the development of the Solar project site consistent with the master plan and representations made to the electorate in the rezoning of the property."
In November 2009, Solon voters approved a rezoning request to allow for a Get-Go gas station near a proposed new Giant Eagle supermarket. The zoning change to C-3A, commercial shopping center, and the development agreement were specifically intended to advance the city's master plan recommendations for the redevelopment of the site, the ordinance states.
Mrs. Drucker said the moratorium would not stop the redevelopment of the site in accordance with agreement but would allow for the ongoing negotiations between the plaza ownership and Giant Eagle to continue "unimpeded."
The ordinance also authorizes the city's law director to file a motion to intervene in the litigation.
"If we can still develop the shopping center that was supported by our voters at the ballot, then I am completely in favor of that," Mrs. Drucker said. The moratorium protects the city from development that is not in accordance with the development agreement and site plan presented by the shopping center owners in 2009, she said.
"If they don't come to an agreement that would implement the provisions of the development agreement and according to the ballot initiative, then it would permit the city to examine alternative zoning scenarios for the site as part of the city's master plan process," Mrs. Drucker said.
Daniel Donovan, a Giant Eagle spokesman said his company's plans remain the same.
"Giant Eagle is not a party to the lawsuit," Daniel Donovan, Giant Eagle spokesman said. "We have continued interest in bringing a world-class shopping experience to the Solon area."
The voters approved the rezoning and supported the project, Mrs. Drucker said.
The shopping center owners "showed us a picture and a site plan that said, 'We are going to build you a Giant Eagle,'" she said. "That's why we gave that zoning. That's why the C-3-A was approved by the voters, based on the conceptual site plan they presented when we went to the ballot."
Mrs. Drucker said her main focus is to look out for what is in the best interest of the residents.
After all of the meetings over the past nearly two years the administration has had with the property owners, she is disappointed to not be informed of the litigation, Mrs. Drucker said. "I feel very disappointed that they didn't have the courtesy to share this information with the city.
"At the end of the day, my main goal is to protect the residents and the city of Solon and do what's in their best interest," Mrs. Drucker said.
"We will make sure that this site is developed pursuant to our master plan," Councilman Edward H. Kraus said. "That calls for a specific project for this specific site."
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