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PLANNING & DESIGN COMMISSION CITY OF NORTH OLMSTED MEETING MINUTES OF OCTOBER 25, 2023 ROLL CALL Ms. Hemann called the meeting to order at 7:05 p.m. Present: Humberto Olivos, Jose Leon, Cary Peeples. Tom David. Mary Ellen Hemann Absent: Mr. Patton Staff. Director of Economic and Community Development Max Upton. Assistant Law Director Bryan O'Malley. City Engineer Jeff Filarski. Administrative Assistant Lyn Wilson. NEW BUSINESS Ms. Hemann moved to amend the agenda to have ORD. NO. 20'13-95 be placed first on the agenda: seconded by Mr. Oliyos Motion Passed: -0 ORD. NO. 2023-9-5 An ordinance amending the zoning map of the City of North Olmsted to rezone a portion of split parcel 233-26-063 from one family residence to 13-3 General Business Zoning. as amended. Director Upton explained that the legislation proposed to rezone about 0.6629 acres ofa parcel acquired by the City of North Olmsted: vyhich followed the goals outlined in the 2015 City Wide Master Plan, specifically focused on adyancino prosperity through appropriate reuse of decommissioned school sites for community needs. The staff recommended favorably endorsing the rezoning for City Council consideration. Mr. O'Malley explained that the rezoning authority vested in the city vvas considered a police power. often confused with a power of local self-government. Property rights. though constitutional, were not deemed fundamental constitutional rights. Real property vvas subject to regulation under the city's police power to promote community- health. safety. and welfare. as long as it didn't violate the owner's right to use the property or diminish its value. The city's authority was broad. needing only to satisfy a rational basis test, ensuring that the means were rationally related to the ends. He went on further stating that the city's determination to zone a property was presumed lawful unless proven illegal beyond fair debate. Despite examples of propem owners suing and winning against cities over zoning. there vyere no such concerns in this case. He advised considering the master plan, consistent with the charter. and mentioned the historical aspect of the city's zoning line drawn based on parcels. The parcel in question appeared consistent with the neighboring commercial property's zoning line, emphasizing the need to balance the interest of commercial and residential residents. He recommended approving the rezoning proposal based on its alignment with the master plan and commercial zoning. Ms. Hemann emphasized that the discussed parcel was a small 0.6629 -acre space. primarily