12/08/1999 Meeting Minutes - Laserfiche WebLink

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.,,~. NORTH OLMSTED CITY COUNCIL ''' MINUTES OF THE PUBLIC HEARING DECEMBER 8,1999 Present: Council President Saringer, Council Members Gareau, Kasler, Limpert, McKay, Miller, Nashar, O'Grady Also Present: Law Director Gareau, Clerk of Council Seman Council President Saringer called the public hearing to order at 7:07 p.m. in Council Chambers, 5200 Dover Center Road, North Olmsted, Ohio. President Saringer announced that the public hearing was being held with regard to Ordinance No. 99-139, an ordinance creating new Chapter 1140 of the Planning and Zoning Code of the City of North Olmsted entitled "Public Facilities Overlay District." Councilman Gareau explained that the property involved will remain with its present zoning. However, the overlay district will create additional uses for public facilities that would otherwise not be permitted. These uses could include parks, recreational facilities, schools, museums, libraries, post offices, police and fire stations and other similar uses. The placement of the RTA Park and Ride will not cause it to be rezoned. Ordinance No. 99-139 creates the overlay district and allows for the placement of an overlay district. Ordinance No. 99-140 creates the overlay district on the parcels of property referred to. Law Director Gareau said that with his zoning experience and looking at these issues, it was his opinion that the way to protect the residents and the city was to retain the Single Family Residential zoning and to have an overlay of the government services of the Public Facilities Overlay District. The primary use, the safety net, is obviously the Single Family zoning, which makes more sense than changing it to any other zoning where something beyond our control could happen. Bill Break, 2481 Kennedy Ridge Road, asked the Law Director, if both ordinances (99-139 and 99-140) are enacted, would it weaken the residents' position in any future fight to retain the residential property. Law Director Gareau answered that felt it would strengthen the residents' position. When a zoning ordinance is passed, Council makes a statement that it is in the best interest of the public health, safety and welfare of the residents. In order to overturn that presumption of validity, a person who attacks it and claims that it is unconstitutional as applied must do so beyond fair debate. He cannot say that absolutely it would never happen. It shouldn't happen according to the status of the law today, but it could happen. The best protection he could see for the property (Park-n- Ride) is if that property was basically in the hands of a governmental entity like the Greater Cleveland Regional Transit Authority. That is a government use, and it is going to remain a government use. Mr. Break was concerned that the zoning could be changed in the future because someone might use the argument that the zoning had originally been