03/05/1996 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 3/5/96 ~,,, locating in North Olmsted is a legitimate subject for the City Council to consider. What must be understood is that total exclusion of these businesses is prohibited. However, reasonable regulations are allowable when designed to remedy secondary impacts on residential neighborhoods, schools, churches, etc. Many communities--including the City of Renton case of 1986 which was decided before the United States Supreme Court--have enacted restrictions and licensing procedures. Other communities have chosen to approach the problem through zoning ordinances. However, North Olmsted has approached similar problems, i. e. the sale of drug paraphernalia, through. the business regulation code. With. that thought in mind and with the help of the Mayor's office and the Engineering Department, the map of the city was reviewed. Because Lorain Road throughout the entire length. of the city basically has a 500 foot commercial setback, it was decided that it would be appropriate to establish a 750 foot parameter for the location of adult entertainment businesses from residences, churches, schools, playgrounds, etc. The impact studies that have been done in other communities establish that there are adverse impacts that result from these types of businesses. It is important to note that one of the issues in the Renton case was the fact that the city had not done their own impact study. However, the U. S. Supreme Court determined that it was not necessary for Renton to do their own impact study--it was pei7nissible to use studies done by other cities. After researching the impact studies, reviewing current city legislation and determining that it is the wish of the City Council. and administration to regulate adult entertainment businesses, the Law Department has prepared and submitted legislation within the business regulation code that does control and license these businesses. The legislation does not totally exclude adult entertainment businesses; areas withui Great Northern Shopping Center would be available for these types of businesses. City Council is asked to review and discuss the impact studies and then meet in special session to pass the ordinance under suspension of the rules. It is important to note that because this legislation is within the business regulation code, there will be no "grandfather" clause in effect. All existing businesses and future businesses must abide by the regulations. The city believes this approach is a viable altei7iative and a legal alternative in order to minimize the secondary impact of these businesses on our community. Mr. Nashar commented that the State Liquor Board will conduct a hearing in Cuyahoga County on the transfer of a liquor permit for Darby O'Tooles. An investigator will be assigned to the case, and we should be informed about the hearv~g date iu 30 days. Mr. Musial, Chairperson of the Building, Zoning and Development Committee: (Due to the length of the report, a portion was given during the Legislation section of the meeting. The following is an account of the complete report.) 1) The BZD Co~ttee met on February 22. In attendance were committee members McKay, Nashar and Musial; Council Members Limpert anal O'Grady; Building Commissioner Conway; Assistant Engineer McDermott. The following agenda. items were discussed: a. A proposal to build a storage office building and have outdoor storage of hardscaping materials at 30993 Lorain Road. The ow~ier, Scott Mnuick, was present. The proposal has been reviewed by the Architectural Review Board and the Planning Commission. During the past several months, extensive discussions have been held with Mr. Minnick