Two interesting items on the agenda for the Council Meeting Jun 22, 2015.
 
The Lamandola property zoning issue will probably be voted on tomorrow.  At least it should be voted on.
 
I personally don't believe they will be opening an official school.  With that I don't believe that Planned Public is the proper zoning if they  believe they qualify for that zoning based on their business being a school.  However, the dilemma is what would be the proper zoning?  Should it be zoned just like an apartment building? That would quite seem right either but it might be.  It will be interesting to see what their lawyer comes up with.
 
On that same subject, there was at least one citizen that spoke that promised to pass onto council information about lawsuits and other issues they have that may make it possible for council to use the pretty liberal Standard for Approval found in Section (l) of 1171.06 that says council can disapprove a zoning change if they find by a preponderance of evidence that rezoning of the land would adversely affect the public peace, health, morals, safety and welfare.  As of now that citizen has not provided information on the lawsuits or information about the other attempts by this applicant to run a similar business that would meet even this liberal standard.
 
To make it even harder, council has to take into account that the present state of the building attracts vandals, public sex (or at least the disposal of used condoms littered about) and open drug dealings when they consider if this business were likely to negatively affect the public peace, health, morals, safety and welfare.  So that fact this business doesn't qualify as a school should only mean that this zoning application should not be approved as requested.  However, once they figure out the proper zoning, residents need to come with a lot more facts if they believe that council should disapprove because of  safety and welfare issues. 
 
The other interesting item on the agenda is the purchase of 25 acres of land by the City.  If you look at the agenda write up you will see this note:
 
The City has the opportunity to acquire a 10 acre and 15 acre site along Brandt Pike at the entrance to the Carriage Trails subdivision.  The property has been to multiple sheriff's sales and is currently under a control of a local bank and a bankrupt LLC corporation.  The City will pay approximately $15,000 in fees for the bank and LLC expenses and will be liable for the taxes owed and any penalty and interest.  This all totaled will be approximately $116,434 to acquire the 25 acres.  Total cost per acre equates to approximately $4,675.  The City has paid the past assessments on the property and will be responsible for the future assessments.  Once the property is acquired, the City will actively market the property which it is estimated could be sold for as much as $70,000 per acre and use the proceeds to reimburse the City for the costs of acquisition and carry on the property.  The remaining portion of the proceeds from the sale may be used by the City for any other legal purpose.
 
This looks like a great deal for the City.  This item first appeared on the City Council agenda May 11, 2015 It's not at all amazing that no one has gone to 5/3 bank and offered to pay them $30,000 more than the City and acquiring this 25 acres for $146,434 dollars.  The City has the opportunity to acquire 25 acres for a mere $116,434.  25 acres that sit right next to the 60 acres that the City just sold for $1.8 million dollars and I'm not at all amazed that no one has gone to the bank and offered to give them $146,434 in order to buy it out from under the City. 
 
You can listen to the explanation of this item by looking at the video.  Item starts at about 46:20 seconds into the meeting. 
 
 
Other references:
 
Council Meeting Agenda Jun 22, 2015
 
The video from the latest Public Works committee is available for you to watch. The discussion on the Lamandola property starts about 45:10 seconds into the video that can be found at this link: 

mms://agendaquick.hhoh.org/dcr2/PW061615.wmv 


Also on Lamandola:  Here is the link to the agenda item.  The item Information - Addition has the opinion from the lawyer that agrees with my assessment that this isn't a school.  It comes at the end.  Before that is interesting reading on the rest of the application process.