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P <br />v ' f v r. <br />changes to the <br />The letter was <br />classification. <br />Cluster Zoning District which were reported in the West Life. <br />turned over to Mr. Skoulis who is studying this zoning <br />VIII. OLD BIJSINESS: (Heard at this point). <br />In reference to the rezonings neecied to implement the Master Plan, Assistant Law <br />Director Dubelko advised that the Law Director has informed him that a formal <br />motion must be made in order to request that this legislation be written. He <br />further advised that legislatiori has been proposed and will be on the next <br />Council agenda placing limitations on superstores from locating on General <br />Retail lots that are in areas which do not provide adequate traffic infra- <br />structure. Considering this legislation he questioned if the Commission still <br />wanted to recommend rezoning the Sherwin Williams property from Retail Business, <br />General to Office District. The r.iembers preferred to proceed with the rezoning. <br />Mr. Gorris believed that the supei_store legislation made sense, but the intention <br />had been to rezone all parcels ira. North Olmsted to be consistent with the Master <br />Plan. Mr. Thomas reminded the members that rezoning the Sherwin Willia.ms property <br />had been discussed before Wal-Mart ever became an issue, but no rezoning could be <br />done until after the Master Plan was completed. He stated that at one time the <br />members had considered this parcel for senior housing, however County Planning <br />Comission had not recomended it.. Mr. Orlowski believed that Law Director Gareau <br />had advised against rezoning it -until the Master Plan was in effect to ba.ck up <br />the rezoning. Since the Master Plan states that General Retail is an acceptable <br />zoning of this lot, Mr. Dubelko merely wanted the Planning Commission to be aware <br />that legislation pertaining to superstores was to be introduced. He also advised <br />that since there was the intent to provide senior housing in the Mixed Use "D" <br />District, the Law Director noted that churches and nursing homes were not <br />permitted in that district, and he thought that the Commission might want to <br />amend the code to provide for i:nstitutional uses that are consistent with the <br />needs of seniors. Mr. Thomas stated that Mi.xed Use "D" was included in the zoning <br />codes prior to Master Plan study and was not intended to provide for <br />institutional uses, it was basieally to provide for senior housing, not extended <br />care. There are other mixed use classifications that could provide these uses, <br />specifically County Planning Commission had suggested a Mixed Use "E" which has <br />never been defined and could be -used for institutions. Planning Commission has <br />much flexibility in determining what can be built in all Mixed Use Districts. Mr. <br />Skoulis is concerned that rezoning the Shensin Williams parcel to Office District <br />would not be upYield in court since there is no market for an office use. Mr. <br />Dubelko agreed that there is a g:1ut of office space in the county and he is not <br />sure if County Planning took that into consideration, and since an owner should <br />be able to receive a fair return on his investment this might be a concern. Mr. <br />Tallon observed that the office glut could be over in the next few years or even <br />months. Mr. Skoulis noted that -the Office District does not allow for any other <br />use, just office buildings and he was sure that Sherwin Williams would object. <br />Mr. Dubelko advised that the burden of proof would be on the owner, but the City <br />should have some evidence that this is an acceptable use and it can be developed; <br />and they do have the backing of County Planning Commission. Mr. Thomas believed <br />that this could be handled with some negotiating between the administration and <br />the owners. In response to Mrs. 0'Rourke's question, Mayor Boyle explained that <br />the study that is now being done for senior housing, was ba.sically how many units <br />of each type the city could support for residents, families of residents, and <br />then possibly seniors other than residents. The city has looked at the Shenvin <br />Williams property, but the property behind the recreation center was never <br />8