04/14/1992 Minutes - Laserfiche WebLink

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d preliminary plans would have to be approved by the Commission. Considering the large ntanber of restaurants in the City, Mr. Skoulis was concerned that these restaurants could fail and asked what makes the developers believe that they can be profitable. Mr. Gorris pointed out that, if the land is zoned properly and the plan makes sense, the Commission could not dictate how an owner can develop his land. Mr. Smith reiterated that they did extensive marketing research using the demographics of the area: where people are located, their incomes; the office space situation, the right mix of office and residential, and how is the competition doing. Again he gointed out tha.t in the last 17 years none of their restaurants have failed. They receive information 'from several sources, both national and in-house surveys; most information is gathered from a 3 to S mile radius, but considering the visibility of the restaurants, I-480; and the mall, their customers could come from a11 over. He had no information an the break down of the amount of business from North 0]msted residents versus residents of other areas. He further advised that the total cost of the building will be over 6 million dollars. Mr: Skoulis is still concemed that the City has reached a saturation point with almost 100 restaurants which is approximately 1 restaurant for every 34 people, especially considering that the population of North Olmsted is declining. At this point, Mr. Weaver, an attorney representing Wayne Koury owner of Chester's Restaurant, advised that Robert Hill, a preeminent city planner, had submitted his report alang with other pertinent information to the Commission prior to this meeti.ng. He explained that they ob ject to any further consideration of these detailed development plans on the basis that the preli.minary submission in Ma.p of 1986 for a portion of this property was for office use only, no restaurants were contemplated. In 1989 a master plan was put together for the entire parcel, howener, that was not the plan which Mr. Koury relied on when he contracted with Biskind Development to develop Chester's Restaurant. An amendment was submitted to the Planning Commission in January 14, 1992 that encompassed the other third of this parcel. He maintained that section 1149.07 of the Codified Ordinances of the City of North Olmsted provides that if such a parcel is part of continual, eontiguous undeveloped land belonging to the same owners, the original preliminary plan submitted in Ma.y of 1986 was required to include a plan for. the entire parcel, since this was not the case, he maintai.ned that the original approval and the approval of the amended plan, were improper imder the code, and when Council approved_ the plan on February 3rd, there was no indication that these--two parcels were being properly i.ntegrated subject to the demands of the code. They contend that the code does not intend or permit any type of a restaurant row which is before the Commission now. The intent of the code as stated in Seetion 1149.01 was to permit the fi111 eCOnomic potential of the area. He mentioned a newspaper article (in section F of their report) about the Moen Corporation which he cited as a perfect example of how the intent of the code should work. He further advised that besides Mr. Koury, Mr. Rogalski, of Pizzeria Uno, and Mr. Wolf, president of Tony Roma's, were present to request that these detailed developme.nt plans be denied. He requested that Mr. Hill and Mr. Koury be sworn in prior to making their statements because a record is being made of these proceedings. Assistant Law Director Dubelko advised that this has never been done, the Commission'is acting in an administrative eapacity, as opposed to a quasi-judicial capacity, this is not a hearing, any statements or' documents may be presented; however; witnesses are not typically sworn in. Mr. Weaver stated that this was still-"their request. Chairman.Gorris repeated Mr. Dubelko's advice and agreed that there is no need to swear anyone in. Mr.. Hill. asked that the Commissian take the time to read and study his report and he wauld respond to any questions or comments: He maintained that this I-480-Great Northern interchange area is,important for.the entire.northeast area, not just 7