09/30/2002 Meeting Minutes - Laserfiche WebLink

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NORTH OLMSTED CITY COUNCIL MINUTES OF THE PUBLIC HEARING SEPTEMBER 30, 2002 Present: President of Council O'Grady, Council Members Dailey, Kasler, Limpert McKay, Miller, Nashar Also Present: Law Director Dubelko, Clerk of Council Seman President of Council O'Grady called the public hearing to order at 7:02 p.m. in Council Chambers, 5200 Dover Center Road, North Olmsted, Ohio. President O'Grady announced that the public hearing was being held for Ordinance No. 2002-118 which will amend the Mixed Use District in order to provide more flexibility in land development in Mixed Use D District and to further protect adjacent residential districts from adverse impacts of developments in Mixed Use Districts. AUDIENCE PARTICIPATION Jim Burns, 3978 Dover Center Road ^ This ordinance amends the Zoning Code sections relating to Mixed Use District D. If these change aze put in place, they will render existing parcels zoned Mixed Use D non-conforming. ^ In Section 1149.02, the minimum required development azea for Mixed Use District D is increased from 5 acres to 20 acres. The term "development azea" is defined as a parcel or pazcels under common ownership or control. Why the increase of minimum size requirement? This restricts the ability to subdivide pazcels as required by city and for taxing purposes when the development is completed. ^ Section 1149.03(d)(5)I 4 states that the retail or service uses will have no adverse impact on adjacent residential properties. Who is changed with making this determination and is there an appeal process? It seems this provision lends itself to subjective interpretation. The city can and does regulazly make unilateral decisions in regard to these type of matters based on its agenda. Unless there is some appeal process that the developer or owner can come back and challenge that without having to go to court, then that puts them at a disadvantage. The term "adjacent residential properties" should be changed to "adjacent residentially zoned property." Developers should not be penalized for a resident occupying a property within a commercially zoned area. Section 1149.041(a). The meaning of development azea is a pazcel or parcels of land under common ownership or control. "Control" needs to be defined. Does it include a family member, 5% stockholders, key employees, landlord or tenant? Does it apply during development or after? How do lot splits affect ownership or control? Sections 1149.041 (f through h and k). Added to the sections dealing with development regulations, are subsections: f., illumination; g., outdoor speakers; h.,