2002-119 Ordinance - Laserfiche WebLink

Home Browse Search

CITY OF NORTH OLMSTED ORDINANCE NQ. 2002-119 BY: Council Members McKay and Nashar. AN ORDINANCE PROVIDING FOR THE AMENDMENT OF THE ZONE MAP OF THE CITY OF NORTH OLMSTED BY CHANGING THE HEREINAFTER DESCRIBED APPROXIMATELY 24-ACRE VACANT PARCEL OF LAND ALONG THE NORTH SIDE OF BROOKPARK ROAD, BETWEEN GREAT NORTHERN BOULEVARD AND COLUMBIA ROAD, AND COMMONLYKNOWNAS "PARCEL E," FROM OFFICE USE DISTRICT TO MIXED USE "D" DISTRICT. WHEREAS, in North Olmsted Land Holdings v. North Olmsted, Case Nos.330597 and 330969, the Court of Common Pleas for Cuyahoga County, Ohio, declared the present zoning of an approximately 24acre vacant pazcel of land along the north side of Brookpark Road between Great Northern Boulevard and Columbia Road (commonly known as "Parcel E"), for exclusive office use to be unconstitutional; and WHEREAS, the Court of Appeals for Cuyahoga County, Ohio, affumed the said decision of the Court of Common Pleas, and the Ohio Supreme Court has declined jurisdiction over the case; and WhTEREAS, the City has exha.usted its routine appeals regazding the matter and is now under a final court order to timely rezone Parcel E to a new zoning cla.ssification which bears a substantial relation to the public's safety, health and welfaxe; and WHEREA.S', in accordance with the court order, the Planning Commission, with the assistance of a professional planner, has studied Parcel E and has held public meetings, attended by the property owner, interested residents and others, in order to determine an appropriate new use classification for Parcel E; and WHEREAS, after completing its study, the Planning Commission recommended to this Council that an ordinance be initiated rezoning Parcel E from its current office use only classification to Mixed Use "D" classification, which would pernut a mixed development of retail, o8'ice, multiple family, elderly housing, and/or single-family cluster housing; and ?.,.