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PLANNING COMMISSION NOVEMBER 11, 1986 PAGE 3 Planning report had also stated that if a residential development proved not to be feasible after the completion of relocated 252, that a proposal similar to this might be feasible; that North Olmsted is now a regional shopping area and the amount of retail space needed cannot be based on North Olmsted`s population alone. Assistant Law Director Dubelko advised the Commission that they developer has the burden to prove that such a rezoning is warrented and should have presented various experts, perhaps a city planner and real estate apraiser, with appropriate qualifications to attempt to persuade the Commission of why such a change would be beneficial and why the developer cannot get a fair return on the property with its present zoning. Mr. Wixted stated that the noise and pollution problems might possibly be valid for about 30 to 35% of this property, however, that problem would not be valid for the entire parcel. Adjacent property owners spoke at this point. Mr. Ch'ilds, 5988 Columbia Road, questioned that if the property is rezoned as General Retail would not the developer be allowed to build whatever is permitted in that zoning classification regardless of the proposal that was presented prior to the zoning change. Mr. Dubelko agreed that this is the case. Mr. R. Sharp, president of the Southeast Area Growth Association, a homeowners association repre- senting this area of the city, explained that he has information which was previously presented in 1983 to the BZD Committee of Council and since no record was kept of that meeting, he is now requesting that it be made part.of the record (he will submit copies later). He explained the sequence of events leading up to the present proposal: in 1944 there were plans for Interstate 480; in 1963, 1480 was journalized; in 1968 the comprehensive plan was completed for the City of North Olmsted and included the 1480 interchange and relocated SR 252, future land use map in that plan indicated that the land south of I480 and west of SR 252 should remain residential and freeway was to be used as a buffer between residential and commercial property; in approximately 1969 Developers Diversified.bought this residential property and since the 1969 master zone map of the City showed the 1480 reservation, the devel- oper should have been aware that it was planned; the 1973 comprehensive plan also showed 1480 and relocated SR 252 and again, the future land use map showed a residential development at this location, this plan further stated-that because of the development of surrounding communities, the retail development of North Olmsted would become dependant upon the resident population, the section on interchange planning again recom- mended residential single family use of the southwest quadrant of the 1480 interchange, and suggested that all future development of the Butternut Ridge area should be in keeping with the historic and residen- tial character existing; the 1974 zone map also sfi.owed property as single family residential; in 1978 Developers Diversif.ied request a zoning change at this location for a K-Mart store and Regional Planning report recommended not to rezone since City is over zoned and over built for retail and commercial intrusion and such rezoning would have an adverse impact on the immediate surroundings and the broader land use pattern envisioned in the comprehensive plan which states that retail use exceeds that which would be required by a population of 70,000 persons which exceeds the present population, and then recommended that the excess of 180 acres of General Retail property be developed for non-retail uses, mainly residential, and concluded that such a rezoning would be setting