09/15/1998 Meeting Minutes - Laserfiche WebLink

Home Browse Search

Council Minutes of 9/15/98 calculations as to retention be submitted to the Engineering Department upon availability ~:, ,~,, and that the project comply with standard requirements of engineering and the Engineering Department. An additional requirement was set forth that documentation would be submitted to the Engineering Department ftom the Army Corps of Engineers dealing with the wetlands issue. Lastly, there was a requirement that the approval would be contingent upon the approval of the Law Director as to the form and legality of meetings held. Mr. Nicola specifically addressed the issue as to the form of the meetings that were held throughout the planning process of this project. His letter to the Law Director reads: "The March 26, 1998 and June 9, 1998 meetings of the North Olmsted Planning Commission were not held in accordance with the rules and regulations of the City of North Olmsted Charter. Residents who live on Clague Road who would have had an immediate and profound impact on a result of the Wellington Place proposal made by Shorewest Construction Company and partners were not notified that these meetings were taking place. Their names were excluded from the `resident notification' letters that their neighbors received. These people, including myself, were denied their right to speak on the record regarding this proposal. It may be speculated that these voices would not have made a significant difference at the outcome of these proceedings, but since October of 1990 it was my voice in particular which did make a difference at these meetings with this particular developer. This is alt a matter of public record. Considering the past history of this developer on this parcel of land and my own public association with them, I do respectfully request the following: 1) That the City of North Olmsted Director of Law declare that the aforementioned meetings be declared as being illegally held under the rules and regulations of the City of North Olmsted Charter. 2) That the Shorewest Construction Company and partners be required, if they choose to do so, to resubmit their proposal for the Wellington Place complex to the North Olmsted Planning Commission, insuring that all who would be legally affected by this project are properly notified. Respectfully submitted, Andrew J. Nicola, Jr." Councilman Gareau asked for clarification from the Law Director regarding Mr. Nicola's charges. Law Director Gareau said he had visited this issue previous to receipt of Mr. Nicola's letter. The one meeting in question had to do with the lot assembly--three lots that front on Mastick Road where the rear portion of those lots were assembled to the main lot owned by Shorewest. When preparing to send out notices, the Clerk of Commissions observed that the properties down on Clague Road were not impacted and so notices were not sent. Mr. Nicola raised the issue of not receiving notice after the Planning Commission approved the assembly of the lots. Although Mr. Nicola states the City Charter was violated, that is in fact not true. In reviewing the facts and the proximity of Mr. Nicola's property, there was substantial compliance with notification procedures. Mr. Nicola has attended numerous meetings with respect to this project. The Planning Commission has no discretion when dealing with the assembly of lots for a minor subdivision under our plating code. So to ask Shorewest to go back and start all over again when everybody has had their voice heard with respect to every phase of this project (the assembly of lots was an insignificant part of the entire project), would be to fly directly in the face of the spirit of the ordinances of the city, particularly in light of the fact that the plat had been prepared, the Planning Commission approved it and it was subsequently filed for record. Starting all over again ` would serve no purpose, and there has been substantial compliance. The fact that there ,. 6