12/06/2005 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 12/6/2005 Condition Use be treated as a separate issue and be handled as if it were a zoning change. Councilman Gareau said he knew there was a considerable amount of debate with respect to this one particular provision, so he took it upon himself to divide the question, at least as it exists before this body by splitting it in two. Although he personally believes it should stay in, he has made the motion to remove Conditional Use. Councilman Ryan said he would like to have more time for discussion on this issue and to have more input onto our Charter to know if we can combine these kinds of things. He has a deep concern about going through and peppering our ordinances and our Charter with zoning. The problem is this is a conditional zoning that's appearing outside of where we usually keep track of zoning. Councilman Tallon said he felt Council should vote on whether to include this section or remove it from the legislation. If it is removed, the zoning question can be studied at any time. He thinks Mr. Ryan's question is the legality of putting conditional uses into ordinances outside of a zoning ordinance. Law Director Dubelko said he appreciated Mr. Ryan's point and will certainly take a look at it. He understands Mr. Ryan's concerns for the exercises of zoning authority. But there is nothing before the Council tonight that would legally preclude it from voting on these motions to amend. Councilman Miller commented that he has similar concerns to Mr. Ryan. However, removing the conditional use in this at least resolves the issue as it applies to this particular ordinance and then we can go into it at a later time. He thinks Mr. Gareau's motion is proper and he listened to other committee members and other Council members in malting that motion. Mr. Gareau is being responsive to other members of Council. Law Director Dubelko noted that, if the section involving conditional use remains in the ordinance, it would still be a legal ordinance. Councilman Orlowski said he concurred with Mr. Miller that this should be voted on. If Mr. Ryan wishes to take a look at all conditional uses and their proper placement within the code, then that should be addressed as an entirely separate issue. Roll call on the motion to amend Ordinance 2005-95 by removing from Chapter 1138 the proposed 1138.03 (b) Conditional Uses: Gareau, no, commenting that he thinks conditional uses are an appropriate zoning tool in the City of North Olmsted which have been used over the course of time and are a workable tool. They are in many other sections. We have an entire section of our code that deals with conditional uses and what standards we should apply. If it remains in this legislation, it would allow within a Senior Residence District, with a conditional use permit, medical offices which shall include but not be limited to offices for physicians, counseling practitioners and rehabilitation practitioners used primarily for the purpose of treating senior citizens that caters to the facilities population and the senior citizen population at large as permitted by the State of Ohio. The question is whether or not we believe that a developer who wishes to build a senior facility should be able to put in a medical office that services not only the residents that live there but also the senior population at large. He believes that this serves a legitimate purpose for both the residents of the senior facility and for senior residents of North Olmsted. It's about access, about the opportunity to obtain health care that is on-site and is immediate. Every one of the concerns that have been raised on this issue as to why it should be removed can adequately be addressed by the protections that are set forth in our code when asking whether we're going to grant a conditional use permit. By voting tonight to take it out, this discussion will not come back. It will foreclose all possibility. By leaving it in, at least we leave open the door to discuss on a case-by-case basis what 8 s.,