Kamis, 10 Mei 2012

Chardon to vote on rezoning request for Water Street site (with document) at Current News

Loreto Iafelice hopes that after tonight he can finish at least some of what he started about 20 years ago in Chardon.

That's when he sought to develop his Water Street property, opposite the south end of Meadowlands Drive.

At the time, he was negotiating with Walmart, but the restricted-business zoning classification limited the square footage and number of employees.

In 1993, he sued the city over the zoning issue, and it went to the Ohio Supreme Court, which ultimately affirmed the 11th District Appeals Court's reversal of a decision in his favor.

A rezoning request — changing about 24.5 acres to C-4 general commercial — is before city officials again. A public hearing on the request is at 6 p.m. today in City Council chambers, but the change is pretty much a foregone conclusion this time.

That is because the rezoning was agreed to in December as part of a settlement in another lawsuit between the parties.

Iafelice had sued the city in April 2011 seeking compensation because the city comprehensive plan shows a thoroughfare through his property, which he said hindered its marketability.

To settle, council agreed to pay $300,000 to purchase about an acre of his land, to make way for the long-sought connector between Water Street and Wilson Mills Road. The amount includes $210,000 for loss of use of part of the property.

It's too late for Walmart, which ended up locating across the street, but Iafelice said he is beginning to market the site once again, as a prime spot for a potential shopping center, restaurants, banks and/or medical uses.

"We're going to put it in high gear here and hopefully get some good users," he said. Continued...

Law Director James M. Gillette recommends that council approve the rezoning.

"They can always vote 'no,' but it would be in violation of the settlement agreement," he said.

The public hearing is required by law, he said.

Iafelice said he will rest easier after the vote.

"It's a done deal, but it's not done until it's done," he said.

The city needs the land to construct a 700-foot "stub" street across from Meadowlands. Negotiations are ongoing with other property owners to allow extension of the street to Wilson Mills Road at Park Avenue — a highly valued traffic-reliever project that has been in the comprehensive plan for more than 40 years. The project will be paid for out of the capital improvement fund.

The Iafelice portion of the road is expected to be done within the next three years. He proposed a similar road in the Walmart plans. He took the zoning issue to the ballot twice, but it narrowly failed.

View Iafelice property in a larger map Chardon commercial zoning code

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