04/17/2007 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 4/17/2007 C 4. Review of Ordinance 2007-20, an ordinance amending Section 1126.11, Deviations from Approved Plans Prohibited, of Chapter 1126 of the North Olmsted Zoning Code in order to require that developers certify that site development plans and building elevations submitted to the city Building or Engineering departments incorporate all requirements of the final development plan approved by City Council. Mr. Gareau advised the committee that this was in response to situations where developers say one thing and then submit plans that are inconsistent with either approval of the Council or inconsistent with recommendations of the boards and commissions. A most recent problem occurred with Wild Mango where the owner indicated that, despite the fact that his plans and his representations before the Planning & Design Commission were to install one type of lamp, he later admitted he never had any intention of ever actually installing it. This issue has come up on a number of different occasions where, merely because the plans submitted to the Building Dept. are accepted by the Building Dept., the applicant believes that that in and of itself constitutes a modification of what City Council approved. We want to try to make sure that doesn't happen again, so that the onus is upon the applicant to ensure that what they submit is consistent with what they were told to actually do. That happened to Laser Wash to some degree, where they had one set of plans and they were working off of another. We want to try to clean up those types of situations. The ordinance would require developers to actually attest, under penalty, that the plans are consistent with the approval of both Council and the boards and commissions. The one individual who created a dialogue on this was Mr. Jim Burns representing the Chamber of Commerce. He advised that in his opinion it was not always clear what those requirements are and thought there should be more of a burden upon the city to set forth what its requirements are instead of the developer having to determine what they are. The committee agreed in part. The process might be amenable to streamlining. The process being the entire administrative process so that one is able to more easily follow the recommendations of the boards and commissions and the Building, Zoning & Development Committee. The committee felt that could be done; however, the committee also felt that this was an important step in the right direction. The committee recommended by a vote of 3-0 that the ordinance be recommended to Council for approval. However, the committee did also believe and continues to believe and probably will schedule a discussion in the future about the actual administrative process itself to ensure that it is operating in its most efficient manner. Councilman Tallon, chairperson of the Finance Committee: 1) The Finance Committee met on Tuesday, April 10, 2007. In attendance were Councilpersons Miller, Tallon, Jones, Orlowski and Barker; Human Resources Director Farver, Community Life Services Director Dailey, Planning Director Wenger, Service Director Limpert, Mayor O'Grady and guests. The agenda was as follows: 7