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City Council Minutes of 4/3/2007 <br />housing developments in the city. Ms. Wenger gave an overview of the proposed <br />ordinance that seeks to create new and revised standards for the cluster district including <br />everything from open space requirements, to setbacks, to side yards, to buildable area, <br />height regulations, screening, and sidewalks interior circulation was also included. The <br />Zoning Steering Committee has participated heavily in the process and did a pretty good <br />job of fleshing out the issues as they came along. Many of the questions they had <br />spotted, Mr. Orlowski spotted as well. Ms. Wenger indicated that the ordinance <br />encourages design through flexible as opposed to rigid standards. Mr. Orlowski <br />expressed concern about the ordinance. He was concerned with the flexible standards <br />and felt that a more delineated application would be preferred, setting forth explicit <br />criteria. He was also concerned with the private nature of the non-dedicated streets, the <br />width of the streets, the definition of "open space" and the fact that we regulate open <br />space with the inclusion of such things as catch basins and riparian areas (waterways) in <br />the "open space" calculation. He is also concerned with the process by which Council <br />can override a decision of Planning and Design Commission. He felt that the ordinance <br />was addressing itself to projects like Shadow Wood. Mr. Gareau indicated he didn't <br />believe it was addressed and in the steering committee it wasn't addressed toward <br />Shadow Wood. The committee discussed the fact that there are no parcels in the entire <br />city zoned for cluster. Any cluster project would require a rezone, and any rezone <br />requirement through legislation would require to include a fully reviewed and approved <br />plan to go along with the rezone. A motion was made by the committee to recommend <br />approval of Ordinance 2007-5 with a vote of one yes and one no. There was one <br />amendment discussed at the committee meeting. The amendment is in 1136.10 (a) (4). <br />The Planning & Design Commission recommended the section read: "Curbs shall be <br />concrete and designed as straight barrier curbs." They felt that preserved the landscaping <br />and kept cars from rolling up on the tree lawns. Originally, it stated either rolled curbs or <br />barrier curbs. Consistent with the recommendation of the Planning & Design <br />Commission, Councilman Gareau made a motion to amend Ordinance 2007-5 to include <br />at Section 1136.10 (a) (4) the following: "Curbs shall be concrete and designed as <br />straight barrier curbs." The motion was seconded by Councilman Talton and passed <br />unanimously. After consultation with the Law Director, Councilman Gareau made a <br />motion to amend Ordinance 2007-5 at Section 1136 to include illustrations at 1136.07 <br />(d), 1136.10 (a) (5). These are cut-a-way examples of what it could look like if applied. <br />The motion was seconded by Councilman Miller and passed unanimously. <br />2) The Building, Zoning & Development Committee met this evening, Apri13. Council <br />Members Gareau, Orlowski, Miller, Barker, Jones, Talton, Council President Kennedy, <br />Planning Director Wenger, Human Resources Director Farver, Mayor O'Grady, Safety <br />Director Terbrack, Law Director Dubelko were present. The committee discussed the <br />Greater Cleveland RTA Park-n-Ride tree removal plan. It was brought to his attention <br />that the mating season of the Indiana bat commences April 15. Because this is a federally <br />funded project for the Park-n-Ride expansion, it requires that trees to be removed for the <br />project must be removed by April 15. At the suggestion of the Planning Director, this <br />issue was brought to City Council for the limited reason of approving the tree removal, <br />not as a final approval of the landscape plan, the Park-n-Ride layout, or anything else. <br />They have to get the trees down by April 15 in order to be able to proceed with the <br />6 <br />