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<br />PLANNING COMMISSION MAY 24, 1988 PAGE 6 <br />Mr. Boyer advised that at present there are no plans to install a,water <br />line on Stearns Road. Councilman Wilamosky stated that originally he <br />understood that a 900 foot spur down Stearns was to be installed,:but <br />now is toTd this would require additional money. He is not totally con- <br />vinced that the Cook Road line will solve existing and future needs.df . <br />this area and is hopeful that the developer would have a concern for <br />his potential customers. He stated that the city does have an obligation <br />not to reduce water pressure for existing residents to accommodate new <br />developments and if documentation cannot be submitted in a reasonable <br />time that it will meet all these needs, he will submit a resolution to <br />Cify Council directing and requesting the City of Cleveland not to issue <br />permits to any future developments. City Engineer Boyer stated that <br />this issue should be addressed during the review of the improvement plans, <br />but there is documentation which he is in the process of gathering now <br />and that the water lines should be completed within two years. Mr. Wilamosk_y <br />requested that this proposal be retained pending a revised; conforming <br />plan, for additional-information on the water problem, and with the hope <br />that the developer will discuss a proposal for traffic control. Mr. <br />Morgan repeated that no building permits could be issued if water was not <br />available. T. Billick, a resident, asked if the Law Department could <br />research some of Mr. Grendell's statements such as: the City does not <br />have the right to limit the use of this property on the basis of safety <br />of residents; also Bretton Ridge Subdivision is non-conforming since <br />there is only one access and adding more homes would make it more non- <br />conforming; and also if limiting the access through Bretton Ridge-would <br />amount to a taking of the property. Mr.'Dubelko responded that it is possibly that the City cannot.prohibit the development of a parcel of <br />land simply because the city has not adequately provided for..traffic <br />and he had earlier.recommended that the council look into the problems <br />connected with the traffic; with respect to the taking of land, there <br />have been decisions from the Sunreme Court" which have made it feasible <br />for developers to bring action against cities which have denied develon- <br />ment and to_deny this development on the basis of access, if this is <br />the only access available, could be.considered a taking. He also advised <br />that the water issue is not an issue at this time and should be discussed <br />with the improvement plans. Mr. Grendell stated that Berard Developers <br />would IlOt develop this property if there was no water. Chairman MQrgan <br />stated that the proposal would be tabled until these various items have <br />been worked out and a confornLing nlan is submi.tted. T. Morgan moved <br />that the Berard Development Subdivision be tabled until the next meeting <br />requesting that the Engineering Department urovide.additional information <br />about water pressure in that area, what the future plans are and how <br />they will or will not reasonably meet these needs; and also request that <br />the devloper meet with the City officials, the Engineering or Building <br />Departments, relative to signalization at that point or whatever might <br />be necessary, and also take a look at electrical and gas service; and <br />ask that the Law Department respond to Captain'Krynak's comments re- <br />garding safety; and request that the developer submit a conforming <br />plan, seconded by J.:Thomas, and unanimo.usly anproved. ' 2) Sunrise.Development Company, Sherman, Wolf Assembly. Plat . <br />The proposal is to assemble and combine into one.(1) sublot the platted <br />parcels located in the vicinity of the the North-Olmsted Industrial <br />Parkway, approved by:Ordinance No. 86-123, as shown and noted on the <br />Assembl_y Plat approved by Planning Counnission on 2/9/88. Zoning is Limited Industry and proposal coiiforms to the Zoning Code_.