10/11/2006 Minutes - Laserfiche WebLink

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approve/adopt the ordinance. Mr. O'Malley advised that as a legal recommendation for substance the ordinance is valid and he recommends the ordinance be recommended for adoption. Mr. Mahoney asked if all the current uses within the area proposed to be rezoned be allowed to continue being used as it currently is now. Ms. Wenger believed that most of the parcels uses fit the new zoning and those that don't would be legal non-conforming uses. Those which would be legal non-conforming would be restricted from fizture development or expansion. If the use is discontinued for more than a year or if the building is destroyed more than 50% then the building could not be restored or reconstructed. However most of the parcels could continue to be used as they are as they are a permitted use under the new zoning district. Mr. Lasko invited audience comments. The following residents addressed the Commission: Bill Johnson, Doug Klimkowicz, Joe Tate (Test Properties LLC), John Thomas, George Shumay, Kay Given, Janet Dorn, George Shumay Jr., Richard Jent, Pete Szabo Residents' concerns and questions: • Concerned about existing traffic issues at Barton and Bradley Roads and possibly expanding the traffic issues if area is rezoned: • Speed limits in the area being enforced and possibly addressed with traffic lights. • Concern new zoning would allow developments such as cluster homes • Questioned what grandfathered uses meant to the owners of the parcels being rezoned. • Concern that trucks which deliver to the area.would not be allowed to make deliveries to the area under the new zoning. • Concern that City owned property in the area would be sold or rezoned to be developed. • Concern that a hospital or other big buildings could be built in the area. • What type of buffering will the existing business have from possible residential homes being constructed next to their lots. • Parcel of land owned which connects to Barton Road could be developed into residential homes with a street from Bradley to Barton. • Questioned 1142.06(B) traffic for non-residential uses must not front out onto the main street so what direction will the buildings face as existing offices face Bradley Road. • Would changing the zoning place additional burdens on those parcels which are already developed as limited industry i.e. setbacks, noises, odors, buffering area, etc. • Will future residential developments have to provide additional buffering to already develop industrial parcels which will abut the residential development. • If the land is currently vacant and rezoned could a repair shop be built. • How would the rezoning affect the parcels in question taxes and resale values. Mr. O'Malley advised that when addressing an area for rezoning individual property owners have a right to develop their land as zoned without regards to flow of traffic of the street or off site intersections in relations to their property. However the commission could address the matter as they would any other utilities issue which may or may not be available to service the zoning district under consideration. Ms. Wenger believed that as a result of the rezoning traffic issues could be decreased as limited industry involves heavier truck traffic as well as employee traffic. There is also multi family zoning in the area as well and if it was developed the potential traffic for higher density residential would also contribute to increased vehicle trips per day. As residential office, multi family would not be a permitted 3