05/18/2004 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 5/18/2004 Council President O'Grady; Mayor Musial, Law Director Dubelko, Directors Cheryl Farver and Kim Wenger. The committee discussed an amendment to the preliminary land use plan which was first approved in June of 2003. The amendment that was brought before the committee dealt with the switch in the balance of the retaiUresidential component of the original land use plan to a retaiUoffice~community center use, which was now being proposed. This is a Mixed Use D District. Mr. Berryhill, representing Carnegie Management, explained that this is the latest of many versions which had been submitted to the Planning Commission over the course of the past year. Some would say there has been more than ten differeirt re-worked versions of that same plan. It was decided that once the balance of the project was switched from a residential component to more of an office component with the elimination of residential, that it was necessary to come back and amend the plan as contemplated by the ordinances. What motivated Carnegie Mgt. to amend the plan were concerns with the residential component of the plan which was asecond-story residential use with a parking garage in the back. Those were visual concerns which directly affected the adjacent property owners as well as some noise concerns. There was also a concern on the part of the developer that to actually make this combined residentiaUretail project work, you would need to reach a certain level and density of residential use which originally was not proposed but then was later added. At that point, stories had to be added oirto the buildings-some being three stories and even four stories was discussed at one point. The concerns of the adjoining neighbors became first and foremost and the impact that that would have on their homes. Also discussed were multi-family maintenance concerns-loading, trash, etc., and the need for the parking deck, which was an approximately $1.5 million cost to the project just to accommodate the residential use. An office center is now proposed, in addition to the two areas which will be used for office use. The community center which is proposed is one which will be available and open to the community to use with the exception of a charge for private parties. The square footage of the community center is 10,000 square feet. Mr. Berryhill explained that that community room would be managed by Carnegie Mgt. & Development. It is not associated with the City of North Olmsted. City Planner Kim Wenger questioned the deviation by removing the residential component of the project and specifically that it was sold to the city as an attractive feature which would be used to support the incidental retail-people living on site, shopping on site, high-quality residential facilities combined with a high-quality commercial use. Mr. Berryhill countered that he no longer believed that to be necessary to support the Parcel Eproject-focusing on what he believed to be the "regionality" of the shopping center and the fact that it would draw from a large area and not try to limit itself to a narrow group of residents living within a confined area. Mr. Gareau noted that this had gone full circle. When the issue first came to be years ago, any retail on the site was opposed. It was then rezoned to Mixed Use D. The preliminary land use plan then became a retaiUresidential use, and now it has come all the way back around to more of a retail use with office and no residenial. Because the litigation issue with Mr. Biskind, the property owner, is still out there and there is a potential damage claim that remains on the table, Mr. Gareau requested there be assurances given to the city by Mr. Biskind, the owner of the property, that with this amendment to the preliminary land use plan there will be a waiver of claim for damages in the future and a settlement of the entire issue. Although Mr. Berryhill and Dr. Khouri were not able to give that assurance because they 7