04/04/2006 Meeting Minutes - Laserfiche WebLink

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Mayor O'Grady and Council Apri14, 2006 Re: Shadow Wood Subdivision Proposal Page 2 to be secured, they also understood that the proposed zoning use itself was considered appropriate and, if certain conditions were met, would be acceptable to the community. The ensuing months often involved redesigning, detailing and adjusting site plans more typically associated with final site plan approvals. for a project in which the zoning use has been set. The record reflects that the focus then was not on the use but, on the manner in which the use would be developed on this property; it was not a question so much of "whether," but of "how." We understand that Council is the legislative authority for the City. But we would encourage you to be mindful of the fact that your own Charter vests in the Planning Commission the responsibility of carrying the "laboring oaz" in analyzing and evaluating zoning uses, in order that it may present to this Council an informed recommendation. Additionally, the Charter itself expressly provides: "After the Master Plan has been approved by Council, the Planning Commission shall, in performing the duties imposed upon it and exercising the power granted to it by this Charter, the Ordinances of this City, and the general laws of the State of Ohio, adhere to the Master Ptan and act consistent with its royal fsicJ land use recommendations to the fullest extent permitted by law " (Amended 11-06-90.) (Emphasis Added) The Planning Commission records show that the City's Master Plan has since the early 1990's recommended that "the land on the northwest side of Bradley Road, south of Barton Road ... be considered for rezoning to residential use." (2005 Master Plan at 81.) And, as undersigned counsel pointed out to the BZD Committee last week, the Master Plan expressly discusses cluster residential housing as an appropriate use for this property: "a. Cluster Residential. The cluster option contemplates a planned residential area where dwelling units are designed in groups and clusters as a coordinated architectural and site entity. This option allows for greater flexibility and use of space than in standard single family developments. Appropriate areas for cluster development: areas of infill or redevelopment, areas of vacant or underutilized backlands of deep properties, areas of transition between single family and other higher intensity land uses. Examples: BartonBradley triangle, ...." (2005 Master Plan at 21; Emphasis Added.) Mr. Urbanick and his partners have endeavored in good faith to follow the process regulated by the City; they have listened to City officials and they have listened to the residents; they have persevered and they have expended their own resources in doing so. They believe in this project and have assured everyone that it will be done right. The record supports them in this regazd. The record further provides a solid foundation for this Council to follow the ..