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so they did not want to co-operate with the community. Mr. Manning noted that in other proposals <br />developers who come in with rezoning requests, come with detailed plans of why they want it <br />rezoned, they already have an option, and a developer comes in with plans that are completed. He did <br />not see that with tlus proposal. This property has been rezoned once, and it just sat. Now they are <br />going through another rezoning, and they are not telling if they have a developer, if they are going to <br />develop it, or what they are going to build. He stated that next year, they might come back with an <br />office proposal and try to rezone it again. He believed this was a waste of time. If they had someone <br />and a proposal, then bring it to the commission. Mr. Corsi stated that they were trying to determine <br />viable uses, and alternative uses. They had come with retail before because the market was there, and <br />the other viable use is multi family because that market is there. They did not come with a particular <br />developer because they had been through that on the retail and there was considerable cost and <br />expenditures involved. Other developers will not spend time and money getting this parcel rezoned, it <br />would be up to them. Once they get it rezoned, there are developers who will build apartments and <br />there is a market. It is easier to market the property if it is already zoned for multi-family. Mr. <br />Mauning stated that, from tonight's discussion, the people seem to be respecting the idea of multi- <br />family, however, last time they asked for a rezoning, everything was laid out, they presented a <br />complete package. This time they are asking to rezone on nothing. Mr. Corsi stated that they are not <br />asking to have a rezoning on nothing. The market is there, the vacancy rates for apartments in North <br />Olmsted is 4%. There may be a flavor that multi-family is acceptable, but the developers will want it <br />to be rezoned. He stated that few developers want to spend the money to get the property rezoned. <br />Mr. Mauniug responded that if it were rezoned, and it was not developed, they would have to go <br />through the whole proposal again. Mr. Coyne stated that this is a concept plan, just showing the <br />footprint of the building and the density. The architectural board will look at this carefully when it <br />comes before them, including landscaping and design. He cannot commit to who is going to build this, <br />it may be Biskind and it may be someone else. What happened previously was unusual and they would <br />rather be in that position if possible. At this point, they have not ironed out the issue of the ballot, if a <br />builder came in with a nice multi family residential plan which is approved, and then they lose on the <br />ballot. No one is going to spend $50,000 to $100,000 in architectural fees and have that happen. Mr. <br />Herbster noted that when the Mayor stated that there was no possibility ofputting retail, Mr. Corsi <br />and Mr. Coyne jwnped up like tliey were shot. He asked if they were planning to put in any retail at <br />a1L Mr. Corsi stated that they were presenting a plan for multi-family, and they would not be <br />presenting it if they were not plauuing to go forward with it, if it were passed. Mr. Coyne stated that <br />he jumped up because of the opening comments that they wanted to avoid discussion about the law <br />suit, and he thought it was starting to go that way. Councilman McKay asked Assistant Law Director <br />Dubleko if it would be possible to limit the nu.mber of times a rezoning can be requested on a piece of <br />pioperty. Mr. Dubelko did not tliink that would be a good idea, since an owner has a right to approach <br />the city. There are some situations where if an owner is tiuned down for a building permit, he cannot <br />apply for the same thing over and over again since it could be considered harassment. Cou.ncilman <br />McKay responded that they had harassment here, and there was nothing to stop the developer from <br />returning with a request to rezone back to office later. Mr. Dubelko took this opportunity to advise <br />the commission of what they are here to hear and what they are here to do. This is a rezoning <br />proposal, it is not an application to develop this land as multi family. He believed that the developer <br />was merely trying to give the city an idea of what might go in if the property is rezoned, however, it is. <br />not binding on the developer or the city. This is only a request to change the zoning on this property to <br />multi family. The planning commission's charter responsibility when reconsidering a rezoning proposal <br />is that this proposal is consistent with the master plan. Tliis plan is not even five years old and the <br />commission is charged under the charter to act consistent with that plan, they must consider if they <br />should change one parcel from what was decided to be retained as office; and an alternative choice is <br />given for Mixed Use `D" in the case that office use did not work out. These are not equal choices,