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PLANNING COMMISSION NOVEMBER 11, 1986 PAGE 4 <br />a precedent for future rezoning requests. Mr. Sharp then presented.photo- <br />graphs of the property to the east, north and west of this parcel illustra- <br />ting that it was all residential. In 1983 the developers were again rejected <br />by Planning Commission on February 22, 1983, when they requested rezoning <br />from residential to Mixed Use and Motorists Service zoning classifications, <br />and were subsequently rejected by Council. He pointed out that in 1983 <br />Developers Diversified owned only one office building and three K-Mart <br />stores in Cuyahoga County, and presented pictures of some of these facil- <br />ities showing what the neighbors did not want. He claimed that Kenneth <br />Seuffert, rigfit of way engineer for the State of Ohio, had told him that <br />property values of residential structures are not adversly affected by an <br />interstate. He then presented-aeri.al photographs, documented selling.prices <br />and dates of the sales of homes abutting freeways in Solon, Westlake, Rocky <br />River, Brecksville, Berea, Beachwood, Bedford Heights, North 0lmsted as well <br />as those ab utting the turnpike in Olmsted Township; concluding that all the <br />develogers of these areas and the residents therein cannot be wrong. He <br />reminded the Commission that the Butternut Ridge area has been declared by <br />Council as an Historic District. The position of the Southeast Area Growth <br />Association is that nothing has ch anged to warrant a rezoning, this property <br />must be kept residential, and that the residents deserve the protection of <br />the Zoning Codes. Mr. Crabs, another neighbor, spoke against the rezoning <br />considering it "leap frog" rezoning. Councilman Tallon stated that the <br />developer had purchased the land on speculation and had not proved that he <br />could not develop the land as zoned. Mr. Krantz responded that: Regional <br />Planning Commission's report had stated that the maximum market for commer- <br />cial areas was 70,000 people, but that now this regional shopping area now <br />services 300,000 people; that Developers Diversified began as a residential <br />developer and are not making an uninformed judgement on the appropriatness of single family development in the area; and questioned the documentation <br />of selling prices of homes adjacent to the highway. Mr. Dubelko reiterated <br />his earlier comments relative to the burden of proof being on the developer <br />to convince the Commission that such a zoning change is necessary. Mr. <br />Wixted commented that this is essentially the same proposal as presented in <br />1983 except that the zoning classification is less restrictive and agrees <br />with Mr. Dubelko that no strong, compelling arguments were made for rezoning. <br />B. Gorris moved that Developers Diversified rezoning request to rezone approxi- <br />mately 42.7 acres located on the northwest comer of the Butternut Ridge Road <br />and relocated SR 252 be denied; the developer has not presented sufficient <br />evidence that would indicate that a. change is necessary to promote .the . <br />harmonious development of the City of North Olmsted, and he has not.presented <br />any evidence to show that he cannot receive a fair return on his investment <br />under the existing zoning classification, seconded by J. Wixted, and unani- <br />mously approved. <br />Vice Chairman Wixted called a five minute recess at this point. <br />III. BUILDING DEPARTMENT REQUESTS: (recalled at this point) <br />1) Crestmont Corporation, 27000 Lorain Road <br />Proposal to install 8' chain link fence. (7' fence with barbed wire on <br />top disapproved by Planning Commission October 28, 1986). <br />No representative present. Commission would like more information on the <br />location on this proposal. J. Wixted moved to table the Crestmont Corporation