Response to "Smith reminisces ...",
The Press, July 15, 1998, Avon, Ohio

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To The Editor:

In the 7-15-98 issue of The Press, JoAnne Easterday writes "... in dealing with knowledge back then and current events, Smith might have taken a different tack." I don't think hindsight helps me here. I'm still surprised by Judge Janas' decision against the City of Avon in favor of Grendell and Phillips. To me, the ordinance is clear: If a project is more than ten acres, the provisions of C3 apply in C2; no rezoning is necessary. Obvoiusly Judge Janas disagreed.

What makes the situation even more puzzling to me is that an affidavit was submitted to Judge Janas detailing the thinking that went into the ordinance before he made his decision on June 8, 1998. Quoting from the affidavit:

"Now comes John B. Eldred, affiant herein, and having been duly cautioned and sworn, states the following:

... I served as a member of the Avon Planning Commission for 29 years. In 1990, I was Chairman of Planning Commission and the principal drafter of the Ordinance No. 53-90 (the "Ordinance"). I was assisted by the other members of Planning Commission, and in particular, Paul Burik ...

... Section 1274.04 of the Codified Ordinances ... states 'Whenever the development area exceeds ten (10) acres in a Commercial District, the requirements of Chapter 1276 (or Chapter 1278 if applicable) shall apply.' When drafting this provision it was the intent that if 10 acres was exceeded, the developer would simply stop at this sentence and go to, and be guided by, the design standards of Chapter 1276 (or Chapter 1278 if applicable). If we had meant merely the restriction of section 1276.05, we would have stated that, but we clearly referenced Chapters 1276/1278 in their entirety. It was never intended that the requirements of the remainder of Chapter 1274 would apply in addition to the stated requirements of Chapters 1276 or 1278.

... At the same time, to even conceive the idea that this or any similar property would be developed in 10 acre units or patches of 20,000 square foot buildings would defy good city planning of its commercial land. ...."

Those with Internet access can read the entire affidavit at ...

Sincerely yours, Taylor J. Smith

Since you are here on the Internet,
by clicking on "An Affidavit..." in the next menu,
you can read the Affidavit.


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