06/11/2002 Minutes - Laserfiche WebLink

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be placed. The ordinance states that 60% of the circle must encompass the property being developec ' According to 1139.01, this parcel will not accommodate a big box store. Mr. Skoulis indicated that he would like to address what the judge suggested for the rezoning of the lot. The judge indicated he would ! like to see it zoned mixed-use, with some retail. However, North Olmsted has four types of mixed-use - ? districts. Mr. Skoulis believes that mixed-use (D) allows housing, and a small amount of retail. The most - liberal use is mixed-use (A), which allows almost anything excluding hazardous uses i.e. bomb factory, Glue factories, and things of that nature. The residents do not want to see mixed-use (A) allowed on this ' parcel. The residents would like the board to have a plan that would allow the developer to have some Retail but not over power the residential area, which abuts the parcel. Mr. Skoulis suggested that the Judge wanted the zoning to be mixed-use in accordance with the master plan with some retail. Whatever the . zoning is to be it should take into consideration the health and safety of the residents. Mrs. Diver, the secretary for the Homeowners Association, came forward to speak. Mrs. Diver indicated that the residents would like to see the architect keep the motif a Western Reserve style. Using brick and color schemes such as those the board members received in their packets. The residents want a deed restriction to make sure that whatever structures built on the site cannot be combined to accommodate a big box store later. Those concerns received by the residents covered physical health, 24-hour noise with deliveries, traffic noise, lights, amount of landscapine, remaining, existing wetlands and drainage. There are many retail buildings throughout North Olinsted now that are vacant, so adding retail here will just increase the number of vacant buildings within North Olmsted. Once development starts, the residents want to make sure that construction trucks do not use West View Drive and Columbia Road as access drives while they are developing the land. Some type of restriction should be drawn up that only allows access from Brookpark Road. Another resident voiced a concern regarding the standing water and West Nile Virus. The residents would like to work with the Planner, and the City to make sure everyone benefits from the development of the land. In the June edition of the Cleveland Magazine there was a section, which rated suburbs. Unfortunately; North Olmsted is not rated in any category other than a general one. Mrs. Diver suggested that while the Planning Commission is making a suggestion to Council on how to zone Parcel-E, thought arid care regarding the economical impact it will have on the City should be a high priority. She reminded the board that 73% of the North Olmsted voters came out to state they do not want • any more land zoned retail in North Olmsted. The Cleveland Ma azine stated the top three cities are on the east side, Hudson, Moreland Hills and Pepper Pike. Rocky River is known for it's excellent city services, which is beyond the norm. Fairview Park was noted for the best conversion of space. Bay Village was noted as the best green space community. Lakewood has the best police program, and Avon, was best land use and preservation. _ Westlake was mentioned as one of the best fundraisers for public schools. All of our neighbors have been mentioned in the Cleveland Magazine. Perhaps North Olmsted has an opportunity to show what can be done with green space. Mrs. Diver voiced that there are many issues at stake when considering the rezoning of this parce] and the Board should proceed cautiously. 1V1r. Fisher, the attorney for North Olmsted Land Holdings, came forward to speak on behalf of his clients. Mr. Fisher suggested that in the early 50's the Biskind brothers developed many beautiful projects, which have been very successful, and North Olmsted can take pride in them. They developed residential subdivisions, office parks, hotels and major retail stores. In 1988, Mr. Biskind wanted to bring M. K. Ferguson from downtown Cleveland to North Olmsted and at that time the residents and the Mayor supported the Biskind proposal. The land was rezoned, office business use and has remained such until the judge and courts declared the zoning unconstitutional. Since the Ferguson's did not come to the site, Mr. Biskind tried to get other office businesses to develop the site. However, under the Boyle Administration the Wal-Mart building was moved from the proposed site to where it presently is today. In placing Wal- . Mart on its present site, it cut off Parcel-E's ability to be developed and used as office business use. In 1996, Home Depot came before the City to place their store on Parcel-E. It was denied which gave rise to the law suit, which deemed the current zoning unconstitutional. Mr. Fisher indicated that Mr. Smerigan was a well-qualified -witness for the City of North Olmsted throughout the trial. The 8th District Court of • Appeals upheld Judge Porkony's rulirig and the appeal to the Ohio Supreme Court was denied. That is why the City is in the process of rezoning the land in a constitutionally permissive manner. Mr. Skoulis 2