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Public Hearing of 10-11-2016 <br />Director Wenger responded there are two parcels that are involved and one is split zoned. <br />Regarding the split zoned property, it is to resolve that split zone. The residential parcel is <br />different than the boundaries of the residential and commercial boundaries around it. <br />Using an exhibit provided by the applicant, Director Wenger showed the Ganley property <br />has it stands now. She pointed to an area that is still technically zoned single resident and <br />stated that was subject to a lawsuit in 2004 or 2005. Pointing to an area she said this area <br />is currently used for inventory storage and the commercial use of the property extends all <br />the way to the rear property line. She stated as the City has gone through its Zoning <br />Update Project, they have found a lot of instances of split zoning in the city and it creates <br />a lot of problems for commercial property owners. The owners end up with frontage on <br />Lorain which they develop, but the back part of the property is residentially zoned and <br />cannot be used for commercial purposes. She said it is unfeasible to develop residential <br />behind a commercial development where the only access to the residential is through the <br />commercial property to Lorain Road. <br />Director Wenger said, the Root Road parcel currently being looked at is bordered on <br />three sides by commercial development. So one of the parcels, while it does have <br />frontage on Root Road is less desirable for residential development because of it <br />juxtaposition by the commercial property. Additionally she stated, it has more significant <br />environmental conditions than other parcels involved in the project and it is highly <br />unlikely a residential developer would develop it. If they could afford the environmental <br />remediation to make a house, it would be the most expensive residential parcel in the city <br />to develop. As currently zoned, it functions just pretty much as green space and the <br />current proposal gives a viable use for the land. Her opinion was if it is not rezoned it <br />would just remain vacant land. <br />Councilwoman Williamson asked if the plan remains as approved now if there would be <br />portions of the parcels that would not be developed. <br />Director Wenger responded that is correct because of the environmental conditions <br />discussed, that the first 100 feet from the north property line would become an easement, <br />with a permanent deed restriction on the property that it cannot be developed for any <br />purpose. This section would contain the waterway which runs through the property. The <br />West Creek Conservancy would hold the easement, which would have a riparian setback, <br />and would be responsible for monitoring the stormwater and wetlands to ensure they <br />function properly. She continued, beyond the 100 feet of permanently protected land <br />there is another 65 to 70 foot setback where the applicant is proposing a stormwater <br />storage function. She said while the property will be disturbed the active commercial <br />development portion would be 165 to 170 feet away from the residential property. Most <br />of the currently zoned residential lot will be reserved for stormwater management and <br />riparian preservation. <br />Councilman Barker asked what are the dimensions on the lot and the frontage on Root <br />Road. To which Director Wenger replied she thought it was 280 feet. <br />3 <br />