07/10/1990 Minutes - Laserfiche WebLink

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77 • no driveways or other access or egress, shall be installed from Columbia Road. Assistant Law Director Dubelko advised that he has - reviewed this and did make some changes, and is satisfied that this -.would be binding, but as stipulated in paragraph number 4, these restrictions could not be amended without the consent of the Declarant, and the City of North Olmsted by a majority vote of City Council, and that prior notice of any proposed amendment must be submitted to all abutting landowners at least two weeks prior to any council vote. Mr. Mize stated that there is no actual plan for the property as yet. Mr. Gorris stated that previously the Commission had intended to study the entire area and had attempted to get the City Planner involved. He still believed that the whole area should be stud:i.ed. He questioned why, since they have no definite proposal for the property, this has to be done at. this time. NIr. Thomas explained that they had told the residents .that they were going to look at the entire area, that they had attempted to, however the Commission found out that they were not able to use Mr. Hill's services. He questioned how long they can put off making a decision. Mr. Mize pointed out that this is part of an 18 acre parcel and he needs to know how it can be developed. Mr. Betts stated that there would be no other option for this small portion of land, that the deed restrictions were what the.Commission had considered, and it is his belief that the Conunission should take some action. Building Commissioner Conway pointed out that the statement that the developers were considering that the rezoning to be from the center line of Columbia Road was not correct- under the code, that any - rezoning should be stopped at the property line. Mr. Dubelko agreed ? that only the parcel of land they own can be rezoned, and that any buffer would have to be 50 feet in from the property line. Mr. Mize stated that this would mean that they would have to take 50 feet off for a landscape buffer on both the north and the east, especially considering the 100 foot building set backo Mr. Gorris pointed out that once the Mixed Use is brought all the way up to Columbia Road, that they will be changing the residential character of the neighborhood and the Conunission must be in a position to address this. Councilman McKay objected to the rezoning because it will set a precedent for rezoning across the street, for south of I-480 and all the way down Columbia Road. He did not believe that a 50 foot buffer is sufficient for a building which will be over 3 or 4 stories high considering that the residents across the street would be living in its shadow. He pointed out that the property was purchased as residential and that there are other parcels zoned for office buildings. Mrs. Charboneau, a property owner, stated that she did not want to bring up all the objections that have been discussed previously, but pointed out that a deed restriction prohibiting restaurants had been mentioned previously, but stated that there would probably be-a restaurant in a hotel. Mr. Dubelko agreed that a hotel could have a restaurant in it as an.accessory. M. Betts moved that the rezoning request for Great Northern Properties, permanent parcel numbers 236-18-7, 236-18-8, 236-18-11, and 236-18-15 for rezoning from "A" Residence, Single to a zoning of Mixed Use, be approved contingent upon the deed restrictions submitted to the Planning Commission and subsequently submitted to the BZD Committee, ? seconded by B. Gorris. Roll call on motion: Betts, Bierman, Bowen, 5