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<br />commented that the applicant asked for suggestions so he suggests they go back and develop <br />something that is consistent with the current zoning and does not require any type of <br />variances. It is his deepest belief that raw land should be developed to meet the current <br />developmental codes in existence. Mr. Berryhill indicated that the current overlay shows <br />what they will build following the code. 1VIr. Koeth suggested that the current overlay <br />would only go so far. They do not want to buck heads, the applicant states he wants to work <br />with the city and if the spirit of the residents are incorporated then a plan can be reached. <br />The city is looking for green space, pedestrian friendly, and something unique for that area of <br />North Olmsted. The applicant has the opportunity to showcase something that will be very <br />visible from I-480 and Brookpark Road and it does not need to be retail. The board sees four <br />boxes here, be creative and address the concerns the board members and residents voiced. <br />Make this a neighborhood community, so the abutting residents will patronage your site. <br />North Olmsted is ranked number (1) in retail development in Cuyahoga County and we know <br />that but that does not mean that every inch of North Olmsted has to be retail. Be creative and <br />don't just come in with this is the stores prototype, CVS created a building to fit North <br />Olmsted's needs and surrounding neighborhood. Mre Berryhill asked that the commission <br />not close the door to the idea of having a big-box store as they think they can make it <br />harmonious to the area. Mr. Hreha stated that the board is not going to agree to anything <br />against the zoning code that was just established last year though law suites and special <br />meetings. 1VIr. Berryhill reviewed that Westlake as well as Beachwood were trying to <br />develop what has been suggested and both places are having a hard time getting tenants for <br />their development. Mr. Spalding indicated that the city has to be concerned about how this <br />site will effect the rest of the community. He questioned if the applicant has truly looked at <br />all the options available for the site. 1VIr. Berryhill stated that they have looked into all the <br />options and this is the only viable use for this land. <br />R. Koeth motioned to table Carnegie Management & Development Corp Parcel E, <br />Preliminary Land Use Plan PP# 236-05-001. The board would like the applicant to <br />work with the residents and stick to the spirit of the code. 'I'he applicant will return to <br />P1lnning Commission April 8, 2003 with a new submittal. In the framing of the <br />motion; Mr. Koeth questioned if the applicant would be willing to do a traffic study. <br />Mr. Berryhill indicated that he was not sure he wanted to spend that kind of money. T. <br />Hreha seconded the motion, which was unanimously approved. Note: In the framing of <br />the motion 1VIr. Koeth announeed that there woulcL be no notices sent out as the date <br />and time of the meeting was announced. <br />2. Ordinance No: 2003 - 36 <br />An ordinance amending section 1123.13 of the North Olmsted Zoning Code, Entitled <br />"Finality of Board's" to permit the City to seek appellate review of determinations made by <br />the Board of Zoning Appeals. <br />10'Ir. Koeth opened discussion to the audience. Mr. Burns indicated he was present to <br />represent Chamber of Commerce. Chamber has a problem with the proposed ordinance at it <br />would require the city to sue itsel£ Who would represent the two parties as the law <br />department would have a conflict of interest representing the Board of Zoning Appeals and <br />the City at the same time. The minutes of the Board of Zoning Appeals are public record and <br />therefore the attorney at the Board of Zoning Appeals meetings could be called as a witness <br />which would further the conflicts. There is also the developer that would be required to pay <br />7