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` PLANNING COMMISSION OCTOBER 11, 1988 PAGE 5 that a telephone exchange is permitted in a General Retail District and the Commission has to approve this use in the Mixed Use District. Mr. Rafferty stated that this is not a retail use, this is a public utility, and that the general public does not enter the facility; it is only serviced once a week. The Commission is concerned because allowing a retail use in the building could set a precedent and would like the Law Department to check into that. Assistant Law Director Dubelko stated that the code allows the Commission discretion in permitting a General Retail use in a Mixed Use District, however, this could weaken the Cityls position in court if another retail use is.refused. He suggested that the code could be amended to specifically permit such a use, if it is determined that this use does not conflict with the residential use, Mr. Gorris stated that it makes more sense to use an existing building ?- rather than building a 300 foot tower. Mr. Morgan would like this pro- posal tabled until the next?meeting so that the developers can submit to Mr. Conway all information available regarding fire protection, alarm systems, fire ratings, etc, in writing, so that it may be forwarded to the Safety Department for their review, to the Law Department for further review, and to the Engineering Department for their evaluati.on of decible ratings, noise generated, etc. 2) Nightfall Night Club, 30850 Lorain Road Review of site plan (continued from Planning Commission meeting of January 27, 1987 as ordered by the court). Heard by Architectural Board of Review September 21, 1988. Representative still not present. Mr. Morgan advised that the proposal will be tabled until the next meeting, but there was a resident present who wished to address the Commission at this time. Mr. Zonar, president of the Timber Trails Home Owners Association, asked the Commission to consider the safety problems involved with this proposal since customers of the club frequently drive over the sidewalk and curb to exi;t', the facility,-pointing out that the curbs shown on the plan are only 6 inches high. He presented pictures of the area showing the shrubs knocked down and tire tracks over the sidewa7,k and a copy of a letter written to the President of Council, J. Saringer, advising Council bf their concerns, Mr. Zonar further stated that these plans indicate that the arborvitae in the tree lawn are unsightly and are to be removed, and advised the Commission that the home owners association has been maintaining these shrubs and they believe that they do deter customers from driving over the sidewalk. He advised that there had been a near accident because of a-.c.ar exiting improperly just this last week. It was stated that the hedges were in the right of way and could not be removed by the owner, and that the letter and pictures will be made nart of the file. Mr. Morgan stated that this proposal will be tabled until the next meeting. Mr. Thomas objected since the developer has missed several meeting and pointed out that the property is in foreclosure and is in arrears in the payment-of taxes. Assistant Law Director Dubelko advised that he has filed a motion for contempt of court, but believes that the City should do everything possible to expedite approval of these plans as ordered by the court. IV. NEW DEVELOPPIENTS AND SUBDIVISIONS: 1) 7515 Company's Subdivision No. 2 The proposal is to subdivide and the 7515 Company's Subdivision No Re-Subdivision. realign sublot nos. 23, 24, and 25 of . 2 and permanent parcel nos 231-20-16 "k