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5/10/2023 Minutes
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5/10/2023 Minutes
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N Olmsted Boards & Commissions
Year
2023
Board Name
Planning & Design Commission
Document Name
Minutes
Date
5/10/2023
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Mr. O'Malley used the example of bars and that there were spatial limitations dictated by the <br />state, leading to situation like a bar being near a church. with the state having the authority over <br />local zoning rules. Mr. Patton asked an additional question regarding the location of a business <br />towards the border of the city, and questioned why that would be restricted. Director Upton <br />stated that it would be the proximity of the business and schools. churches, parks. daycares, etc. <br />Director Upton was asked to speak about the other two ordinances. He shared that 1139.03 <br />outlined the schedule of uses for different zoning districts. The focus was to be on allowing <br />certain establishments conditionally in B-1 and B-2 which are on the outskirts of town, away <br />from the central business districts and schools. He invited the board members to consider <br />whether they agreed with this conditional use or prefer these establishments to be closer to the <br />central business district. Mr. O'Malley acknowledged the importance of discussing zoning <br />regulations, and emphasized the Planning Commission's authoritative role. He went on and <br />highlighted that City Council would need a supermajority to disregard the Commission's <br />recommendation. Mr. O'Malley advised that the debate revolved around finding a suitable <br />location for a 30,000 square foot shopping center in B -I or B-2 zones and considered whether <br />such an intensive use is more appropriate for the central business district. He added that the <br />Director's input involved the anticipation of future developments like schools, hookah bars. <br />churches and daycares to address spatial limitation and potential legal challenges. Mr. O'Malley <br />also noted that zoning authority is presumed constitutional unless proven otherwise, and a <br />rational basis for legislation is generally sufficient without requiring a compelling state interest. <br />Mr. Olivos asked if there was someone who wanted to develop a 30.000 square foot facility and <br />there was a request to open an establishment listed in the code sections provided that they would <br />still have an opportunity for a conditional use permit. Director Upton replied in agreement and <br />added that an applicant can seek relief from the code by appealing to the Building and Zoning <br />Board of Appeals. <br />Mr. Olivos made a motion to recommend to Council the approval of Ordinance No. 2023-52: <br />seconded by Mr. Leon. <br />Motion Passed 4-0 <br />Mr. Olivos made a motion to recommend to Council the approval of Ordinance No. 2023-53; <br />seconded by Mr. Leon. <br />Motion Passed 4-0 <br />Mr. Olivos made a motion to recommend to Council the approval of Ordinance No. 2023-54: <br />seconded by Mr. Leon. <br />Motion Passed 4-0 <br />COMMUNICATIONS <br />Director Upton shared with the board the permanent volunteer for the commission and the need <br />to nominated a chair and vice chair going forward. Director Upton also invited the board <br />members to the Lorain Road Corridor Study Open House the following day. <br />ADJOURNMENT <br />With no further business before the board the meeting adjourned at 7:45 p.m. <br />
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