05/26/2004 Meeting Minutes - Laserfiche WebLink

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Special Council Minutes of 5/26/2004 Mr. Wendell concerning trees; a letter received from Mr. Bruce Bruehler, May 23, 2004, expressing his concerns about the project; an April 20, 2004 document prepared by Christine Ramella-Burk which was distributed to the City Council; an information packet which contains some significant materials that City Planner Wenger provided to the City Council ("Gamey Westside VW Information Packet"). (These items will be attached to the original approved minutes and be indexed with the minutes in the journal.) The motion was seconded by Mr. Limpert. Roll call: Gazeau, yes; Limpert, yes, with comment that, whenever there is a project like this, no one individual on Council gets to have their way completely. In initial meetings with the people on Ranchview, mounding was not an issue that they were given an opportunity to discuss. Several residents asked for it. Several residents definitely like the idea of getting the 20 extra feet. One thing that was said by Ganley was that it was going to be an all or nothing on that. Offering an easement and having easements accepted aze two different things-in other words, you just can't offer an easement. It's going to have to be accepted. He has a feeling that, if that is not accepted by those residents, they may be coming back with a request to change the plan to have mounding put on the Ranchview side. Roll call continued: Dailey, yes; McKay, yes; Nashaz, no; Miller, no; Kasler, no. The motion to approve the Ganley site plan passed with four yeas and three nays. LEGISLATION Ordinance No. 2004-39 introduced by Councilmen Gareau and Limpert was given its third reading. An ordinance providing for the amendment of the Zone Map of the City of North Olmsted by rezoning the rear (north) portion of Permanent Parcel Nos. 232-34- 011, 232-34-012, 232-34-013, 232-34-014 and 232-34-015, located at 25600 Lorain Road from B Residence Single Family to General Retail Business. Councilman Gareau made a motion to adopt, and the motion was seconded by Councilman Limpert. Roll call: Gareau, yes; Limpert, yes, with comment, as he mentioned earlier, and at the last BZD Committee the Law Director somewhat paraphrased or quoted him, we can't always do what we want, but we have to do that which is legal.. With changes in court cases regarding split zoning on single parcel numbers no longer being looked upon favorably, he feels there must be a yes vote on this. If these were separate parcels with the front parcels being zoned commercial, and the back parcels zoned residential, he doesn't believe there's one member of this Council who would be voting to change the zoning on the back part of that property. Roll call continued: McKay, no; Nashar, no with comment that he -feels this will definitely open up zoning issues along Lorain Road at some point in the future. It was known to be residential property when purchased, and they have a right to maintain it as residential property, taking it back to the legal limit for the zoning allowed. In 1998, this city voted not to have additional retail in the city by over 74%. He is saying no to the rezoning. Roll call continued: Miller, no with comment that for generations people considering purchasing homes in North Olmsted were aware that retail and commercial properties along Lorain Road would be held to a depth of approximately 500 feet. They bought their properties, placing their trust in city leaders to hold that line. And in doing so, they placed what is often a lifetime of earnings, their home, in that trust. To move that well-planned, universally applied trust is a violation of our duties. Roll call continued: Kasler, no commenting that, in an effort to 6