3/22/2023 Minutes - Laserfiche WebLink

Home Browse Search

PLANNING & DESIGN COMMISSION CITY OF NORTH OLMSTED MINUTES OF MARCH 22, 2023 ROLL CALL Mr. Anderson called the meeting to order at 7:01 pm via online meeting. I Present: Dave Anderson, Tom Patton, Humberto Olivos Absent: Mary Ellen Hemann Staff: Economic & Community Development Director Max Upton, Law Assistant Director Bryan O'Malley, Administrative Assistant Lyn Wilson. NEW BUSINESS 2023-18; Amend Section 1118.13 Conditional Use Regulations Amending Section 1118.13 (C) in order to condition and limit the establishment of specified uses within 2,500 feet of Places of Worship, Parks, Schools or Daycare Facilities Director Upton explained that the legislation places an additional condition on tattoo, body branding, hookah lounges, drug paraphernalia and/or smoke shops to make is safe for the community especially the children. Mr. O'Malley explained that the zoning authority under Ohio law deems to be constitutional unless found to be unconstitutional beyond fair debate. He said there have been instances where the state will override zoning limitations as they had done with liquor permits. He also said that the types of establishments that are involved with the additional condition are not favored by state law or are issued licenses by the state law that would override zoning determinations. He went on to explain that this type of zoning technique, it would be compared to an overlay zone. The city has zoning districts to begin with and an addition to districts, this is a technique to separate certain uses from other uses which is valid. This has also been employed effectively with sexually oriented businesses. He stated this technique is valid. He also expressed his belief that it would be effective, and it is within the Planning & Design Commission's Authority to consider and discuss the pros and cons of the proposal with a recommendation. Mr. Anderson stated he looked up other instances where this technique has been applied and noted that it was a 500ft distance. He asked Director Upton how he had arrived at the distance of 2500ft for these types of businesses or was it just a benchmark for discussion purposes. Director Upton replied that is was more of a benchmark to start a discussion. He also brought up that there are already preexisting non-conforming establishments that are near day care centers. Looking at zoning he wanted to keep similar uses with similar uses and explained that if someone felt the restriction was too great, suggestions would be entertained and taken to council. Mr Olivos read from 1118.13 item C which referred to the tattoo shops, hookah lounges etc, he read aloud that these establishments shall be measured 3000ft lot line to lot line and the area of the business to be a minimum of 30,000sqft. He asked Director Upton if he knew how many retail 1