03/15/2005 Meeting Minutes - Laserfiche WebLink

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,. Minutes of the Public Hearing March 15, 2005 Ordinance No. 2004-200 protect our residential streets. President O'Grady commented that Council is also concerned about the commercial encroachment on residential areas. Planning Director Wenger explained that the Planning Commission was in favor of the changes in the legislation, but they did make some additional recommendations for language changes. They didn't like the terminology "sandwich shop." They also didn't think that a sandwich shop or a limited service restaurant should be permitted to have adrive-through because they wanted to keep it local in nature and small. They thought adrive-through would promote that type of intrusion that was not desired. Currently our Zoning Code only has a definition of "fast food" restaurant. The definitions have been rewritten, and we will continue to look at afull-service restaurant, where food is primarily served and consumed on site, that it does distinguish in other ways than just heating method. It talks about consumed and prepazed on site versus quickly prepazed-where your order is taken at a counter or you carry-out. None of the amendments that are proposed are to change the zoning map or to increase commercially zoned land in the community. It is simply tweaking the definitions to make it more appropriate for the full range of restaurants that we have in our city so that afull-service restaurant is not treated the same as the neighborhood coffee shop. The map of the General Retail Business District would not be expanded in any way through this legislation. Councilman Limpert said in his experience sometimes what is proposed is not ideal, but it is better than what might get there. In the past, the city has nat allowed something to happen to protect a neighbor only to find that something far worse, which was totally legal, moved into the spot. Law Director Dubellco said he agreed with Councilman Gareau that the current language is a problem. It doesn't make any sense to prohibit a small sandwich shop that could be very well buffered from a residential area, but permit a Larger strip center that would have less buffering. The problem has been identified, and City Council is proposing a soiutvn to it. Maybe the solution is not to have the free-standing building, there aze other ways to address it. But certainly it's a problem right now that needs to be addressed. Mr. Sturgeon said that previously this property address did not exist on Clague Road. Now, if we change the definitions, we are creating a monster. It's a no-win situation. He has looked into haw other cities define "restaurant," and they clearly state where they can go in business districts. The change in this legislation does not say business district only. Clague Road is not a business district. This would be fine on Lorain Road. He would like to see the definitions changed to protect the entire city. Dennis Lambert, 25057 Cazey Lane, said he felt Mr. Sturgeon's issue was with the property having a Clague Road address. That lot may now be zoned commercial, but what was there in the past had a Lorain Road address. Now that address is encroaching around the corner to open up a Clague Road address. With there being no further comments, President O'Grady adjourned the public hearing at 7:03 p.m. ~ `: ~ ~, azbaza L. Seman, Clerk of ouncil Kevin M. Kennedy, Predent of Council 2