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? <br />PLANNING COMMISSION <br />JANUARY 22, 1985 <br />PAGE 2 <br />2) Great Northern Properties, south side of Country Club Blvd. (between <br />Victoria Plaza and I-480). • . <br />Preliminary plans to construct motel in Mixed Use District. <br />(Continued from Planning Commission meeting on January 8, 1985). <br />WITHDRAWN by Developer. <br />Even though proposal has been withdrawn, Chairman Morgan asked Assistant <br />Law Director Dubelko to give legal opinion that was requested January 8th <br />as to whet'her or not Planning Commission'could approve a motel in a Mixed <br />Use District. Mr. Dubelko stated that the Mixed Use "A'' district calls <br />for multi-story high rise office or apartment buildings and that,'in his <br />opinion, a motel differs from an apartment, and would not be a permitted <br />use; further, definition of a multiple dwelling expressly excludes "hotel <br />and motel". Discretionaiy powers of the Planning Commission as stated <br />in Section 1203.01 would not allow Planning Commission to approve a <br />motel, because it is not a permitted use within Chapter 1202. A hotel <br />was approved for the Great Northern Corporate Center but in that instance <br />the preliminary land use plan was approved prior to the adoptiori of Ordi- <br />nance 81-132 which created the Mixed Use "A" and "B"• The parcel in <br />question could only be considered Mixed Use "A" (requiring at least 10 <br />acres); the Corporate Center, with over 35 acres conceivablv could fall <br />under the Mixed Use "B" category. Regarding the 90' set back which was <br />questioned by the neighbors, Assistant Law Director Dubelko stated that <br />Section 1203.04 require all non-residential buildings to be located at <br />least one hundred feet from every boundary line, and that other sections <br />of Chapter 1203 requireslandscaped buffers of 50' and 40' respectively <br />along residential and public road areas. • <br />IV. <br />NEW DEVELOPMENTS AND SUBDIVISIONS: <br />1) Deerpath Subdivision no. 6, located north of I-480 and east of <br />the existing eastern end of Elm Road. .. <br />Proposal is for sixteen (16) sublots and.:includes extension, <br />realignment and vacation of a portion of Elm Road within the de- <br />velopment site. <br />(Continued from Planning Commission meeting on January 8, 1985). <br />Pir.- Clingman read the following statement: "Following is a brief history <br />of Deerpath Subdivision No. 6 and an explanation of current standing./ <br />On June 23, 1981, Deerpath S/D No. 6 preliminary plan was presented to <br />Planning Commission and a revision was presented on July 14, 1981. The <br />minutes for June 'indicate that-the cul-de-sac conforms to code./ This <br />plan was disapproved because of property not owned by the developer. <br />The ri?ht-of-way land is in fact owned by the State of Ohio./ The July <br />1981 minutes of Planning Commission indicate "it should be reviewed <br />with the City, the council, and appropriate committees as they deem <br />necessary to resolve the acquisition of the road from the State..."/ <br />The B.Z.D. committee of council, in 1981, held several meetings at <br />which Deerpath S/D/ no. 6 was discussed. Some of those meeting were <br />not attended by all three members and the issue was not resolved, but <br />..,,?.:;.?. . .. ... <br />..Hn...