04/23/2002 Minutes - Laserfiche WebLink

Home Browse Search

.+ . before Council as an ordinance. It does not require referral back to the Planning Commission but procee:ds then through certain public hearings that are required, in front of Council. The board can make a recommendation on the rezoning request that the applicant has made, and they can proceed. He said the board is considering a request for legislation, that an ordinance be initiated before City Council to rezone some area beyond the borders of the applicant's property for this Motorist Service Distric:t, as it may be defined. Mr. O'Malley added that the confines of that area need to be examined. The board conferred and looked over a map of the area in question. Mr. Spalding said he is conc;erned about the banking in that area. Mr. Gareau indicated they can make a recommendation about that and put it back in as an accessory use, as opposed to a main use. Mr. Koeth said as he unders.tands it, they will make a motion to make Mr. Schmidt's property Motorist Service District. And tY?ey will request that the definition of Motorist Service District be changed and they can make limitations to that. And then make another proposal for legislation to take a look at that end of town. Mr. O'Malley indicated it is both; the board is making a recommendation and they are proposing that the rezoning include more property than the applicant has proposed. He said they might include an indication of where the borders of that district would be. R. Koeth made a motion to recommend that City Council approve Dale & Sheila Schmidt: Rezoning and Redefinition of Zoning for PP# 234-08-001, that the property identified as 31515 Lorain Road be rezoned to Motorist Service District. The motion was seconded by W. Spalding and unani:mously approved. R. Koeth made a motion to recommend that City Council redefine and update the definition of Motorist Service District Zoning to permit various new uses i.e. recreational and sports facilities, retail printing, telecommunications and wireless services, and convention facilities. The motion was seconded by S. Asseff and unanimously approved. There was a lengthy discussion about the borders for the rezoning of area outside of Mr. Schmidt's property. Mr. O'Malley said he is concerned about the description. He is concerned about limiting the arf;a on the south side so that it stops at some point west of the entrance to the industrial drive and is consistent with what is identified as Parcel #7 in the master plan. Mr. Spalding suggested definir.ig it that way then. There was further discussion and review of the map. Mr. O'Malley pointed out Parcel #5 is identified in the master plan as another undeveloped parcel that should be industrially zoned. If the Planning Commission were to make recommendations on rezoning, it is his opinion that they are limited by the master plan. If the master plan indicated that #5 and 47 should remair.t industrial, then they would be contrary to their authority to recommend otherwise. The fronta};e on Lorain Road on both sides, they are free to do what they will. Mr. Schmidt's parcel is outside Parcel 97. There was further discussion and review of the map. Mr. Koeth said if they can take tYie north side which would make the CEI right of way a good boundary, they could take it from the co-unty line all the way to the CEI border. Mr. O'Malley said there are provisions in the charter that ra;strict the Planning Commission's ability to make recommendations on rezoning that are inconsistent with the master plan as it is currently set out. Mr. Gareau said the master plan can be changf:d. Mr. Spalding said it is worth their recommendation. R. Koeth made a motion to recommend that City Council rezone the area on the south side of Lorain Road -from the county line to the industrial drive, excluding the industrial parkway, and on to the north side from the county line east to the CEI easement in its entirety. The motion was seconded by W. Spalding and unanimously approved. Mr. O'Malley asked for clarification on the second motion regarding the ordinance that was proposed to redefine the Motorist Service District. He asked if by not including the banking facilities, they are not recommending banking as a permitted main use. Mr. Koeth said that was correct. Mr. O'Malley 9