09/30/2002 Meeting Minutes - Laserfiche WebLink

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Public Hearing Minutes Ordinance No. 2002-118 Page 2 „" access management; k., underground utilities. These provisions aze located elsewhere in the Codified Ordinances and should not be here. There will exist a conflict of provisions which will render one or both unusable. ^ Section 1149.041 (f). This section adds lighting regulations to Section 1149 of the Zoning Code. Lighting regulations aze currently set forth in Section 1161.12 and 1161.121 of the Zoning Code. Ordinance 99-77, currently being considered by Council, deals with lighting issues. This addition to Section 1149.041 appears to be an abbreviated duplication of what is set for in Ordinance 99-77 and may ultimately end up with a conflict in requirements. During committee discussions regarding Ordinance 99-77, the Building Commissioner expressed concerns about the inability to enforce its provisions. This section would put in place same of the requirements that the Building Commissioner stated were unenforceable. This section should be deleted. ^ Section 1149.04 (h). This section deals with ingress and egress from the property, both of which the city may not deny. This section requires the developer to submit a development plan which shows projected traffic volumes and which shows traffic control devices and safety improvements. The developer is required to pay to the city a deposit sufficient for the city to commission an independent traffic study. First, this is not a deposit. The city is to hire an engineer to make the study. Therefore, the amount paid will never be refunded. Second, with the city paying for the study, the city will cause unnecessary delays because the city will have to wait until the development plans aze submitted before commissioning their study. Third, the study will not be independent. If the city pays for it, the engineer will give the city what the city wants. This section should be rewritten so that the city can pay for a study if the city does not accept the developer's study. Then the two can be compazed, with compromise agreed to. Fourth, this may be the topic of another section of the Zoning Code. This section could cause a conflict with that section. Fifth, only Council can set fees or deposits. This section gives the right to the Building Commissioner. ^ Section 1149.04 (i). This section restricts building to 10% of the buildable azea. The buildable area is not defined. ^ Section 1149.041 (k). This provision states that these developments shall meet the provisions of Chapter 929 of the city Utility Code. This section is redundant. ^ Too much was tried to be accomplished with this pazticulaz ordinance. Some of the provisions aze covered elsewhere in the Zoning Code or Codified Ordinances and should not be part of this ordinance. Councilman McKay asked whether other parcels would be grandfathered in. George Smerigan, planning consultant employed by the city, presented comments: ^ Regazding making any existing Mixed Use D District non-conforming, there is no property within the City of North Olmsted that is presently zoned Mixed Use D. One of the reasons he and the Planning Commission felt very comfortable with making these modifications was because this district is not on the map in any location and these changes will affect no property that currently exists today.