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08/10/2010 Meeting Minutes
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08/10/2010 Meeting Minutes
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Legislation-Meeting Minutes
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Meeting Minutes
Date
8/10/2010
Year
2010
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Minutes of a Public Hearing <br />On Proposed Charter Review Revisions <br />8-10-10 <br />Page 7 <br />This again is a more substantive recommendation for changes. It involves several <br />sections of the Charter. A little history is necessary here to. <br />Going back to 1974 when your first Charter came into effect, the founding fathers <br />said that the Mayor and Council will introduce legislation to change zoning. That <br />zoning will then be referred to the Planning Commission who must have public <br />hearings, who must study it for at least 30 days, must make recommendations <br />then to Council for or against the proposed rezoning. Council then had to have <br />public hearings, public debates, and then they had to read it at least three times <br />which spreads out over a number of weeks, give the public an opportunity to be <br />heard again and then make a decision whether the zoning of the land should be <br />changed, yes or no. Council made that decision. <br />The voters had the right in another part of the Charter which existed in 1974 and <br />still exists, if they didn't like the decision of Council, they could do what was <br />called a referenduxn. That is, they can circulate a petition within 30 days after the <br />ordinance was adopted. If that petition was submitted to Council within the 30 <br />days with a sufficient number of signatures, the ordinance did not become law <br />until it was voted on by the people. That is still in the Charter and no one is <br />proposing to change that. <br />That was the way it was in 1974. Come the 80's, there was a trend going around <br />the country where zoning was occurring more frequently that the public did not <br />like. As a result, there were charter amendments being made that required <br />rezoning to go to the voters before the land could be rezoned. In other words, <br />besides Planning Commission, besides Council making these public hearings and <br />making their decision, once they made the decision that they were in favor of it, it <br />then had to go on to the ballot at the next primary or general election. The voters <br />then would make a decision whether or not to approve the rezoning or to reject <br />the rezoning. That's been in the Charter since the late 80's in Mayfield Village. It <br />was adopted in other communities at different times. <br />One of the handouts you might have or information we do have is that there's a <br />wide variety of people that do and don't have it. For instance the surrounding <br />communities around here that do not have referendum zoning is: Chagrin Falls, <br />Cleveland Heights, Garfield Heights, Highland Heights, Independence, Kirtland <br />Hills, Mayfield Heights, Mentor, Richmond Heights, Rocky River, Shaker, <br />Strongsville and Waite Hill. Those around us who do have it are: Lyndhurst, <br />Eastlake, Moreland Hills, Orange, Pepper Pike, Solon and Willoughby Hills. <br />There is a balance of some who do and some who don't. <br />What has happened since the '80's that the Charter Review Commission took into <br />account is that if a land is situated in a certain location and has a certain use <br />assigned to it, the ultimate avenue that a property owner has if you do not allow <br />them to use the land according to its highest and best use, they go to court. When
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