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?, .. <br />?. <br />?-• w <br />current wetland laws, however the State of Ohio is looking at adding time <br />constraints and burdens to wetlands enforcement which will affect the price of <br />the property. The church would like to get the property rezoned, and then the <br />developer will come before the Corrunission with a development plan. Mr. Skoulis <br />asked if this proposal is a suggestion of what could be done, or is this what <br />Hermie Homes actually plans to construct. Mr. Grindell stated that this plan was <br />prepared by the church, but Hennie Homes is interested in putting in cluster <br />homes. He added that there is a duplex unit on the existing Matthew Drive which <br />is not owned by the church, and since the improvements are installed for duplex <br />homes, it would be difficult to change this area. He clarified that these would <br />be two story imits with the bedrooms upstairs, not second floor im.its. Mr. Gorris <br />noted that it appeared that the agenda was not correct. City Engineer Deichmann <br />responded that from what Mr. Grindell stated, they wish to rezone anly to Single <br />Family Cluster and Single Family. Mr. Grindell explained that the multi-family <br />area has been eliminated and that the agenda stated Mixed Use "B", when it should <br />have been "C" under the new code. The members studied the revised plan which <br />shows 3 Single Family lots on Barton Road and the balance all Single Family <br />Cluster. Mr. Grindell pointed out that much of the property would be close to the <br />freeway and the traffic noise. Mr. Gorris questioned if it were not typical to <br />have a specific proposed development when asking to rezone a parcel. Assistant <br />Law Director Dubelko advised that any property owner ha.s the right to request <br />rezoning on the basis that his property is zoned improperly, but the owner has to <br />demonstrate that the zoning classification is inappropriate. If he does that the <br />City has an obligation to rezone ito He stated that this is a difficult decision <br />on a large piece of land and it is the Law Department's opinion that the City has <br />to have a reasonable period of time, not rushing to a judgement that may be <br />inappropriate, but not delaying in a way tha.t is going to harm a property owner. <br />It is not necessary for the owner to present a proposal, but he would not be <br />locked into it if he did. Chairman Gorris pointed out that, if this is zoned <br />inappropriately, it was done so at the request of the current land owner. Mr. <br />Dubelko stated that this was 10 years ago, and circtanstances do change. Mr. <br />Thomas questioned what would be considered a reasonable period for the Commi'ssion <br />to determine the correct zoning considering that it took the owner 10 years to <br />decide that the land was zoned improperly. Mr. Dubelko stated tha.t there is no <br />specific answer to that, but advised that the City should proceed diligently to <br />protect the property owner's rights and cautiously to protect all the residents <br />of the City, and should be guided by the city planner si.nce the Commission is in <br />the process of formulating a master plan. Mr. Gorris stated tha,t since hiring a <br />planner had been suggested during the initial review, he took the liberty of <br />supplying this plan to County Planning. They suggested that this parcel be <br />incorporated as part of a focus study to be reviewed with the City plan. He <br />questioned if this could be considered a reasonable period of time. Again, Mr. <br />Dubelko ha.d no specific answer, but speculated that the focus study could be at <br />the forefront of the study. Mr. Grindell stated that they had originally agreed <br />to split the cost of a planner to study this proposal, and since time is <br />important, they would like to make this offer again to move this along. Mr: <br />Morgan noted that a planner has been chosen and only needs approval from Council; <br />but after it is definite who the planner is, this parcel could be brought to <br />their attention immediately. Mr. Dubelko believed that this would be <br />appropriate, since the planner will be hired shortly and the plan has to be <br />completed by June of 1992. Mr. Morgan stated that it might be possible to come to <br />a conclusion prior to the adoption of the entire plan, and if council agreed, it <br />might be passed earlier. He speculated that perhaps Ameritrust should be apprised <br />of this situation, in the hope they would agree. Mre Grindell would like it