Members present:                                                    Ted Deremer
                                                                                    Edward McDonnell - Absent
                                                                                    Richard Dodson
                                                                                    Jim Giulitto - Absent
                                                                                    John Juergensen
                                                                                    Eric Oldroyd – Absent

Zoning Inspector:                                                      Joni Poindexter
Zoning Date Coordinator:                                        Andrea Paumier
 

Appeal 2088 – William J. Lemmon, 1201 S. Main St., N. Canton, OH 44720 agent for McKinley Development Company, LLC, property owner, 1201 S. Main St., N. Canton, OH 44720 request a conditional use permit for a child day car and an independent and assisted congregate living facility with a building height of 47 ft. where 40 ft. is permitted in the R-4 and 35 ft. is permitted in the B-1 district per Art. IV, Sect. 401.3, 411.3, 401.8 & 411.7 of the zoning resolution. Property location is parcel # 1702424 Woodlawn NW.

Mr. Deremer read the application and contents of the file.

Mr. Deremer swore in Beth Borda, 1201 S. Main St., N. Canton, OH 44720.

Ms. Borda stated that she is here this evening representing McKinley Development Company who is requesting a conditional use permit and height variance for the Danbury on Woodlawn located on Woodlawn Ave. in Jackson Township. Ms. Borda stated that Bill Lemmon and Tom Winkhart are also here to represent McKinley Development, who will be available for questions after her remarks.

Ms. Borda stated that this site is located on Woodlawn Ave. and is approximately 11 acres. It is bounded by the former Redicon Building and several large office buildings to the north, Canton Temple of God church to the south, London Square condominiums to the east and Woodlawn Ave. to the west across the street from Aultman Hospital Woodlawn rehabilitation facility.

Ms. Borda stated that the proposed development will be completed at a high level of quality commensurate with the highest and best use of the adjacent properties and is considered a complementary use to adjacent property owners in both scale and style as well as function and purpose. It is McKinley Development’s opinion that the development will not adversely affect the use, or desirability of the adjacent property owners. Ms. Borda stated she would like to begin with site plan overview. On the west side of the site, closest to Woodlawn Ave. there is a proposed child daycare facility. The child daycare facility is one story and approximately 6,000 sq. ft. The proposed building and play area is based on six sq. ft. of outdoor open space and thirty-five feet of indoor space per occupant and will have a fenced outdoor activity area according to the Jackson code. Parking will also conform to code.

Ms. Borda stated that behind the child daycare facility is an assisted living facility and an independent living facility. The Jackson code defines these facilities as Congregated Living Facilities which are residential facilities consisting of independent units, congregate living, assisted living and/or nursing home within the facility itself designed specifically to provide for the needs of individuals who are elderly or handicapped, and have common social, recreational, dining and food preparation facilities. Ms. Borda stated that she is going to focus on two of the allowed uses under Congregate living, assisted and independent living facility. The assisted living facility will be two stories and have sixty units. This facility will also offer limited medical assistance. The independent living facility will consist of three buildings, three stories each. There will be 150 units and no medical assistance will be offered. The three buildings will be built in phases, beginning with the center building.

Ms. Borda stated that the site plan was prepared by GBC Design, which is McKinley’s engineering company. GBC Design has taken the Jackson code and Jackson Township and Stark County road improvement criteria into consideration with respect to all the access drives, access points to public streets, driveways, parking and service areas. This site plan indicates the location and number of proposed parking which exceeds the required number of spaces. The access points for emergency use are also shown. There will be three parking garage structures on site. These structures will be enclosed garages with individual doors. The site plan also indicates the location of the trash receptacles. All trash receptacles shall be adequately screened.

Ms. Borda stated that McKinley Development is requesting a conditional use permit and a variance on height. The independent living facility spans two zoning classifications, B-1 and R-4. The B-1 area allows for a 35 ft. building height and are requesting a 12 ft. variance for a building height of 47 ft. In the R-4 district, the allowable building height is 40 ft. and are requesting a variance of 7 ft. for 47 ft. height. Referring to the site plan however, the Board will notice that the independent living center is located on the height point of the site. This highpoint will be cut down approximately six to eight feet which would put the elevation of the first floor of the independent living facility only 1 to 2 ft. higher than the existing elevation at the southeast corner of the site. Ms. Borda stated that the reason why McKinley Development is asking for this height variance and believe that it is a practical difficulty is because most independent living facilities are three or more stories high because a taller building as opposed to a lower, more spread out building, keeps the rooms from being too far in walking distance from the elevators and congregate uses. This is very important due to the age of the typical residents, which would be 84 years of age. Because these uses are conditionally permitted in these zoning classifications, it is out intent to comply with each and every condition imposed on this use.

Ms. Borda stated that all of the setbacks and buffers will be in compliance with Jackson code. The setback on the east side of the property backing up against London Square condominiums is required to be 35 ft. They are proposing a 64 ft. setback, 29 ft. greater than code requirements. They also plan to have an earthen mound buffer with a variety of trees and shrubs. Ms. Borda stated that she and Bill Lemmon had an opportunity to meet with Jack Meyers, President of the Board and the Board of the Home Owners Association for the London Squares Condominiums. They has a very good meeting and assured London Square home owners that they would incorporate their suggestions into the plan as it related to buffering and storm water.

Ms. Borda stated that the majority of the storm water runoff will be conveyed to the existing low area near the northeast corner of the site. From here, the overflow will be controlled and then discharged towards the storm sewer system on Woodlawn Ave. It will provide for storm water control, meeting applicable Township, County and EPA guidelines. We have been assured by out engineers and have insured Jack Meyers and his Board that we have the ability to manage the storm water on and off of this site. All utilities are available to the site in adequate capacity.

Ms. Borda stated that the proposed development will be constructed and maintained in a neat, orderly and safe condition. The developers, Bill Lemmon and Bob DeHoff, are local developers and take pride in the high quality of their developments. All lighting in the development shall be appropriately shielded from adjacent property and will be designed to shine down. No lighting shall constitute a nuisance and in no way shall impair safe movement of traffic on any street. No floodlights, searchlights, loudspeakers or similar structures shall be erected or used in any manner that will cause hazards or annoyances to the public generally or to the occupants of the adjacent property. Ms. Borda stated that the average age of resident in these facilities is 84. The developers must maintain a quiet and peaceful environment for the success of the development.

Ms. Borda stated that being the age of the residents of this development will be 84, this development will generate dramatically less traffic than uses that are permitted in B-1 and R-4 districts. Most of the drivers will go out only during the day and in some cases wont even own a car as the facility provides transportation as one of out services. On average, they estimate that trips per day will be below three. Ms. Borda stated that the anticipated economic impact of this development is 15-20 million dollars. This development will employ approximately sixty people. There will be no children and no burden to educate kids which is good for the Jackson local school district.

Ms. Borda stated that upon approval of this development, they will begin architectural plans and hope to begin construction of the first independent living building by spring of 2008. They will begin the child day care center as soon as a tenant is secured. The projected building out of this development is approximately five years.

Mr. Dodson stated that he had looked at the advertisement. If someone wanted to construct a building with a height that exceeds the allowable height of the zoning resolution, they need a variance.

Ms. Poindexter stated that is correct.

Mr. Dodson asked if they had requested a height variance.

Ms. Poindexter stated yes it states the height variance on the application and in the advertisement.

Mr. Juergensen asked Ms. Borda if he were correct in saying that they will be looking for a tenant for the child day care facility, so that facility will not be run by the same at the independent facility.

Ms. Borda stated that it hasn’t been determined. Typically they would find a tenant, they may rent or lease the child day care facility.

Mr. Juergensen asked if he were correct in saying that the extra seven feet needed, that is to enable the developers to build a three story facility.

Ms. Borda stated that is correct.

Mr. Juergensen stated that they reason for that is due to the rooms being closer to the elevators.

Ms. Borda stated that is correct. It is important, because the tenants are of an older age, for them not to walk along time for them to get to the congregate uses and elevators.

Mr. Deremer asked if that could be accomplished in another manner, then adding a third floor.

Ms. Borda stated that she is not as familiar with the construction of the buildings. Mr. Lemmon would be a better candidate to refer that question.

Mr. Deremer swore in Bill Lemmon, 544 Deerfield St., N. Canton.

Mr. Lemmon stated that they have looked into reducing the number of floors and expanding the sq. ft. The building can be more spread out and put in more elevators, but the dining rooms, craft areas, and the common areas are central to the building, and even if they had more elevators and more area, the tenants would still have to walk from their unit to get to the central area. Three stories is a very typical height. All of the independent living facilities that he knows of, in Stark County are three stories.

Mr. Dodson asked if the developers couldn’t use the proposed buildings blueprint, just as two stories.

Mr. Lemmon stated that they couldn’t get the number of units needed to support the common facilities that are necessary. There economy of scale for independent facilities, roughly 100 units or more are needed.

Mr. Deremer stated that the Board will hear the variance aspect of this appeal first and then the conditional use permit.

Mr. Lemmon stated that architecturally they believe it is more attractive to match the character of the neighborhood to have a gable roof. We could do a three story building with a flat roof, and not ask for a variance. The developers do not think that is architecturally attractive to match the character of the neighborhood. A residential look with a gable roof is what they would like to have for this facility.

Mr. Deremer asked if this construction project would survive without the height variance.

Mr. Deremer swore in Tom Winkhart, 7008 Victoria Ct.

Mr. Winkhart stated that this construction project needs to height variance to survive. The lease ability of these units is indicated on the “feel” of this facility. The people who enter into this type of facility, unfortunately, know that this is their last move. Bill Lemmon and Bob DeHoff spend a lot of time, effort, and money to make it as pleasing as possible. It is possible to do a flat roof on a facility like this but it would have a negative impact to the ability to lease the units. There is only a seven or twelve foot difference and that is only at the peek of the facility. One think the Jackson code doesn’t address is the over all height of these buildings. They are picking one of the highest points of this site to located the independent living facility, but for a lot of good reasons, including the over all height, they are going to cut this site anywhere fro ten to fifteen feet at that high point. Even with a 47 ft. peek the facility would be below what would otherwise be permitted. From London Square, this building will appear lower on the horizon then it would had the variance not been requested.

Ms. Borda stated there is a correction. The land would be cut down six to eight feet instead of the ten to twelve feet Mr. Winkhart had stated.

Mr. Deremer read through the conditional use criteria.

Section 431.2

Mr. Deremer: (A) Will not be detrimental to property values in the immediate vicinity.

Ms. Borda stated no.

Mr. Deremer: (B) Will not restrict or adversely affect the existing use of the adjacent property owners.

Ms. Borda stated no.

Mr. Deremer: (C) Will be designed and constructed so that all access drives, access points to public streets, driveways, parking and service areas shall meet the approval of the Township Trustees, or county or state agencies where applicable.

Ms. Borda stated yes.

Mr. Deremer: (D) Will meet the requirements of EPA for storm water runoff, when applicable.

Ms. Borda stated yes.

Mr. Deremer: (E) Will be properly landscaped according to Section 411.9 where applicable pursuant to Chapter 411 or when specified as a condition for approval.

Ms. Borda stated yes.

Mr. Deremer: (F) Will be constructed and maintained in a neat, orderly, and safe condition.

Ms. Borda stated yes.

Section 431.3

Mr. Deremer: Supplementary Conditions and Safeguards - (A) Nothing in these regulations shall prohibit the Board of Zoning Appeal from prescribing supplementary conditions and safeguards in addition to these requirements in order to ensure compliance with the criteria set forth in Section 431.2.

Ms. Borda stated none required.

Mr. Deremer: (B) Conformance with District Regulations. A conditional use shall conform to the regulations of the district in which it is located and to other substantive requirements of this Zoning Resolution, as well as satisfy the conditions, standards and requirements of this Chapter. Whenever there is a difference between the provisions of the conditional use regulations and the district regulations, the provisions of this Chapter shall prevail, unless clearly indicate differently in the regulations.

Ms. Borda stated that the site plan submitted conforms to the Jackson Township Zoning Resolution, expect for the requested variance on height of the Independent Living Facility building, which is the subject of a Variance Request pending herewith.

Mr. Deremer: (C) – 1. The Board of Zoning Appeals may limit the hours of operation to ensure that the conditional use is compatible with the surrounding areas.

Ms. Borda stated that the normal uses will be operated during typical business hours. The independent and assisted buildings are residential in character.

Mr. Deremer: (C) – 2. For parcels of one or more acres, all points of vehicular entrance or exit shall be located no closer than: (A) One hundred (100) feet from the intersection of two arterial streets, or (B) Fifty (50) feet from the intersection of an arterial street and a local or collector street.

Ms. Borda stated the primary access is not near a public street intersection. It’s location has been selected by the consulting engineer based on maximum site distance.

Mr. Deremer: (C) – 3. No lighting shall constitute a nuisance and in no way shall impair safe movement of traffic on any street or highway. All outside lighting shall be shielded from adjacent properties.

Ms. Borda stated that all lighting shall be appropriately shielded from adjacent properties.

Mr. Deremer: (C) – 4. Floodlights, searchlights, loudspeakers or similar structures shall not be erected or used in any manner that will cause hazards or annoyance to the public generally or to the occupants of adjacent property.

Ms. Borda stated that no such lights or loudspeakers are to be used. The proposed project is a residential development for senior residents. The developers must maintain a quiet and peaceful environment for the success of the development.

Mr. Deremer: (C) – 5. All trash receptacles shall be adequately screened.

Ms. Borda stated that the site plan indicates the location of the trash recepticales. All trash recepticales shall be adequately screened.

Mr. Deremer: (C) – 6. Grading and surface drainage provisions shall be prepared by a registered engineer and reviewed or approved by the Stark County Subdivision Engineer, where applicable.

Ms. Borda stated that GBC Design is a registered engineer and has extensive experience working with the County Subdivision Engineer. The grading and surface drainage plans shall be prepared by a registered engineer and reviewed or approved by the Stark County Subdivision Engineer, where applicable.

Section 431. H
Congregate Living Facility shall comply with the following:

Mr. Deremer: 1 - The following type of residential facilities may be included within the Congregate Living Facility and must have common social, recreational, dining and food preparation facilities: (A) Independent living with congregate dining facilities and (C) Assisted living.

Ms. Borda stated the proposed congregate living facility will have the required facilities in both the independent and assisted living buildings.

Mr. Deremer: 2 – Such use should not be located on a local residential street.

Ms. Borda stated the proposed development has access from Woodlawn Ave. a mkajor arterial road.

Mr. Deremer: 3 – The development plan shall indicate the parking and emergency entrances or exits and other safety precautions.

Ms. Borda stated yes. The submitted plan indicates the location and number of proposed parking, which exceeds the required number of spaces. The access points for emergency use are also shown.

Mr. Deremer: 4 – The maximum height of the building shall be one story, not to exceed twenty feet in the R-R, R-1, and R-1A district.

Ms. Borda stated that is not applicable, zoning is R-4, B-1, and B-3.

Mr. Deremer: 5 – Screening with a minimum of ten (10) feet shall be provided around the perimeter of the property where it abuts an R-R, R-1 or R-1A district.

Ms. Borda stated that the site does not about any R-R, R-1, or R-1A districts.

Section 431. I
Day Care Center, Adult or Child and Family Day Car Type A, shall comply with the following:

Mr. Deremer: 1 – The development plan shall indicate the dimensions of the day-car home, or center, open space areas, parking and emergency entrances or exits and other safety precautions.

Ms. Borda stated yes.

Mr. Deremer: 2 – Property shall be maintained in a neat, orderly and safe condition.

Ms. Borda stated the property will be so maintained.

Mr. Deremer: 3 – all activities shall be directly related to the conditional use permit so granted, and shall be adequately and properly supervised to prevent any hazard, disturbance or nuisance.

Ms. Borda stated the property will be used in accordance with this provision.

Mr. Deremer: 4 – Sixty (60) square feet of outdoor open space and thirty-five (35) feet of indoor space per occupant shall be provided.

Ms. Borda stated the proposed building and play area are based on this requirement.

Mr. Deremer: 5 – All outdoor activity areas shall be enclosed by a fence or wall having a height of at least five feet, but not exceeding six feet. An entry gate shall be securely fastened.

Ms. Borda stated the outdoor activity area will be fenced as required.

Mr. Deremer: 6 – Additional regulations for Family Day Care Type A – (A) There shall be a minimum of 600 feet between one Type A Family day care home and another Type A family day care home.

Ms. Borda stated that is not applicable.

Mr. Deremer: (B) There shall be no more than one (1) on-premises sign that shall not exceed four square feet in area.

Ms. Borda stated the signage will comply with Township regulations.

Mr. Deremer: 7 – Additional regulations for day car center. No portion of a day-care center site may be located within 600 feet of gasoline pumps, underground gasoline storage tanks, or any other storage area or hazardous materials.

Ms. Borda stated there are no known fuel tanks or hazardous storage facilities within 600 feet.

Mr. Deremer asked if anyone in the audience would like to speak in favor of this appeal.

Mr. Deremer swore in Jack Meyers, 2715 Charing Cross, Canton.

Mr. Meyers stated that he is President of the Homeowners Association at London Square. Beth Borda and Bill Lemmon presented this plan to use. They had the same questions the Board has asked about elevation, height, lighting and the main concern in that area is the water run off. If the Board is familiar with that area the Preserve Condo Association and London Square Association when they were built and by the way McKinely Development built them, they have a natural wetland marsh area at the south. That particular land was practically dry before the condos were being built and now has a fairly good water level. Mr. Meyers stated that he had asked some questions of the Stark County Engineer. Our association just wanted the commitment that they won’t run anymore water down to that area. The trees are starting to fall over because of the water in that area. From McKinley’s testimony this evening they have committed to have the water runoff to go to the North and not the South.

Mr. Deremer swore in Bob Kiser 2529 Charing Cross, Canton

Mr. Kiser stated that he has questions regarding the contour between the church property and the development. The church property is at an elevation is about 1124 and they are going to take an elevation of about six to eight feet off of an elevation of 1122 on their property. What will the contour between the church property and the land to be developed, will it be a high wall or gently sloped, how would that be done.

Mr. Deremer stated to ask all questions that Mr. Kiser has then McKinley Development may answer them.

Mr. Kiser stated that is his only question.

Mr. Deremer asked if anyone would like to speak in opposition to this appeal.

No one spoke.

Mr. Lemmon stated that the grade of the site between the church to the south and that would be dropped down to approximately 1120 range. If there is a few feet difference it will be sloped slightly.

Mr. Deremer closed this appeal to public input.

Mr. Dodson stated that they have met the criteria for the conditional use permit. The variance approval is a little more difficult. With the variance the building is actually going to be lower. Mr. Dodson stated that he is in favor of both issues.

Mr. Juergensen stated that he concurred with Mr. Dodson.

Mr. Deremer stated that he agrees that the conditional use criteria has been meet and a practical difficulty has been met for the height variance.

Mr. Dodson made a motion to approve appeal # 2088 as requested.

Mr. Juergensen seconded the motion.

The vote was: Mr. Juergensen – Yes, Mr. Dodson – Yes, and Mr. Deremer – Yes.

APPEAL #2089 – Westshore Land Co. LLC 7056 Mears Gate Dr. NW, N. Canton, OH 44720 agent for Ohio Vedic Homes LLC property owner, 612 Market Ave. S., Canton, OH 44702 requests a variance to allow a 24 sq. ft. off premises directional development sign where permitted on premises per Art. V, Sect. 502.2 of the zoning resolution. Property location is parcel #1601118 at the SE corner of Lake O’ Springs and Chermont.

Mr. Deremer read the application and contents of the file.

Mr. Deremer asked who would like to speak in favor of this appeal.

Mr. Deremer swore in Andy Leach, 9338 Forest Trail.

Mr. Leach stated that he is the manager of Westshore Land Co. Mr. Leach stated that he has some additional information.

Mr. Deremer stated that he will mark the computerized photos as exhibit #1 through #5.

Mr. Leach stated that he is a second generation developer and builder with Regal Construction Co. He is here today representing Westshore Land Co. which is a joint venture between Regal Construction and Scot McCue Homes and am requesting a directional development sign

Mr. Juergensen stated that he is sorry for the interruption and asked Mr. Leach to repeat what he had just stated.

Mr. Leach asked where Mr. Juergensen would like him to start from.

Mr. Juergensen asked Mr. Leach if Regan Construction Co. is involved with this variance in any way.

Mr. Leach stated no that Westshore Land Co. is a separate company then Regal Construction.

Mr. Juergensen asked if Regal does any work for Westshore Land Co.

Mr. Leach state yes.

Mr. Juergensen stated to the Board that Regal is a client to the firm he works for and he is unable to hear this appeal, which creates a problem because there isn’t a quorum now.

Mr. Deremer stated that this appeal will have to be continued.

Ms. Paumier stated that the next available meeting is October 25th at 7:00 p.m.

Mr. Deremer asked Mr. Leach if he would be available to return October 25, 2007 at 7:00 p.m.

Mr. Leach stated that if he can not attend then Scot can, my partner.

Mr. Deremer made a motion to continue appeal # 2089 until October 25, 2007 at 7:00 p.m.

Mr. Dodson seconded the motion.

The vote was: Mr. Dodson – Yes and Mr. Deremer – Yes.

Mr. Dodson made a motion to adjourn the meeting.

Mr. Juergensen seconded the motion.

All were in favor.

Respectfully Submitted,

Andrea Paumier
Zoning Data Coordinator