Laserfiche WebLink
<br />had responded with a memo he sent to the Chairman Gorris. In his memo, Mr. Gareau <br />had advised that there was a deficiency in the code since a nursing home is no <br />longer permitted in the General Retail District, only i.n a residence district <br />with a special permit. A nursing home would, however, be permitted in any General <br />Retail area which abutted a Residential District. Mr. Thomas suggested, in his <br />memo, that this could be rectified by expanding section 1138 to include nursing <br />homes, which would eliminate the need to amend Mixed Use A,B,C, & D because <br />elderly housing as defined in 1138 is permitted in all Mixed Use districts. He <br />did suggest that there should be a review of the allowance of seven story <br />apartment structures in elderly housing since only four story buildings are <br />allowed in Mixed Use B and three stories in Mixed Use D. He did not believe that <br />Nursing Homes should be an unquestioned permitted use in a General Retail <br />district. Mr. Gorris agreed that if nursing homes are given a carte blanch <br />approval in a General Retail district, the Commission would have to be careful <br />that there was no adverse effect an the residential districts. In reference to <br />not allowing nursing homes, Mr. Orlowski was not sure that this had been an <br />oversight and believed that some reasons ha.d been given when the codes were <br />studied. Mrs. 0'Rourke asked how to rectify this and eliminate seven story <br />buildings. Mr. Gorris still questioned allowing riursing homes in General Retail, <br />and suggested that they should be permitted in Mixed Use with some restrictions, <br />such as 3 stories in Mixed Use D and 4 stories in the other Mixed Use districts <br />as stipulated for other structures. If there is a proposal to put a nursing home <br />in a General Retail district, the developers could ask Planning Commission for a <br />rezoning. He questioned if this would be considered spot zoning. Assistant Law <br />Director Dubelko stated that this question could be raised if someone opposed the <br />construction and if one parcel in the middle of retail was rezoned to Mixed Use. <br />He believed that the perhaps it would be better to rezone the general area to <br />Mixed Use D. Mr. Orlowski noted that since a nursing would be permitted on a <br />retail lot that abutted a residential area, there would be few retail lots in <br />North Olmsted which did not abut residentially zoned property. Mr. Conway agreed. <br />Mr. Dubelko did not have a copy of the legal opinion but believed that this would <br />be the case. He and Mr. Conway have been discussing the conditional use permit, <br />but have reached no conclusions as yet. Since Shorewest Construction ha.d <br />questioned this situation, the members asked if they had a specific parcel in <br />mind. Mr. Dubelko was not aware of what generated this question. Mr. Orlowski <br />remembered that when the Commission was reviewing the Senior Residence District, <br />they were asked not to include nursing homes within the district, because they <br />were looking at senior housing, not assisted living or nursing homes. He did not <br />lmow what the objection was, other than the city did not want to get involved in <br />nursing homes. Mr. Dubelko believed that the thought behind it was that a nursing <br />home should not 1e allowed as a matter of right in any zoning district, but anly <br />with a conditional use permit. But if something is permitted in the most <br />restrictive district with a conditional use perr.?it, in essence, it would indicate <br />that it would be permitted in any district in the city as long as it met certain <br />requirements. Mrs. 0'Rourke questioned if there was a parcel involved that she <br />was unaware of. Mr. Gorris responded that there probably was one that but none of <br />the members were aware of it. Mr. Orlowski stated that there was something in <br />tidestlife or Sun Herald about nursing homes or elderly housing and part of it <br />mentioned Shorewest, but he did not remember the specifics. He thought perhaps <br />they might be planning something on their apartment property on.Mastic Road. <br />After much discussion; Mr. Gorris suggested that since Mr. Dubelko and Mr. Conway <br />are discussing this now, this should be tabled until there is more research by <br />the Law Department into how this is impacted by the conditional use before the <br />Commission can make any specific recommendations. <br />2