Members present:                                                David Benner
                                                                                Nancy Detwiler
                                                                                James Conley

Zoning Inspector:                                                  Joni Poindexter
Zoning Data Coordinator:                                   Andrea Paumier

AMENDMENT #568-08 – Jeffery & Jo Ann Barber, 1730 Glenmar Oval SE, N. Canton, OH 44709, property owners, propose to rezone B-1 (Suburban Office & Limited Business District) to B-2 (Neighborhood Business District). Property located at 3445 Whipple Ave. Sect. 25SE, Jackson Twp.

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

Mr. Benner asked who would like to speak on behalf of this amendment.

Mr. Benner swore in Jeffery Barber, 1730 Glenmar Oval SE, N. Canton.

Mr. Barber stated that he has owned this property for roughly a dozen years and the only people who show any interest in developing this property would need to be B-2 zoning. Mr. Barber stated a few years ago he had assisted the neighbor directly behind the property in question, rezone to B-2. Mr. Barber stated that he does not consider this as “spot zoning”. The person that is interested in this property would have a similar use to Sheer Elegant’s, which is a few buildings to the north of this property, located on the same side of the street.

Mr. Benner asked Mr. Barber to show the Board of an aerial map what property he assisted in rezoning.

Mr. Barber stated that the map he looked at had a pink property that joined to his property and he thought that was the parcel, number 1702558, that was rezoned to B-2 about a year ago.

Mr. Benner asked if that property is off of Fulton.

Mr. Barber stated yes.

Mr. Benner stated that the property Mr. Barber is speaking of is not an adjoining property.

Mr. Barber stated that if this property is going to go any where besides being a semi-derelict house, the property needs to be zoned B-2. Mr. Barber stated that no one has shown any interest in having another office located on that street, everyone is interested in the high volume of traffic that a personal business would be exposed to on that road.

Mr. Benner asked if he knew what the proposed business would be at this location.

Mr. Barber stated that it would be a hair salon, similar to Sheer Elegant’s that is located about four buildings to the north of this property.

Mr. Benner asked if Sheer Elegant’s is located in a B-1 district.

Mr. Barber stated that is correct.

Ms. Poindexter asked Mr. Barber if Sheer Elegant’s is located in a B-1 district currently.

Mr. Barber stated yes he believes so.

Mr. Barber stated that the property of Sheer Elegant’s, he believes is located next to a road of an alley.

Ms. Detwiler stated that she believes the property of Sheer Elegant’s is located off the alley.

Ms. Detwiler stated that Mr. Barber is stating that Sheer Elegant’s is already located in a B-1 district.

Mr. Barber stated that there is a sign on the property north of his property on the west side of Whipple.

Ms. Detwiler asked if Mr. Barber knows how many houses down Sheer Elegant’s is.

Mr. Barber stated about four or five buildings down.

Ms. Poindexter stated that it is possible for that property to be in a B-1 district and be non-conforming, which means it was there before zoning didn’t allow it.

Mr. Conley confirmed that Mr. Barber bought the property about twelve years ago.

Mr. Barber stated that is correct.

Mr. Conley asked what the use of the structure on the property currently.

Mr. Barber stated that it has been rented as a single family house.

Mr. Benner asked when the property was purchased in 1995, 1996, some where around then, the property was zoned B-1.

Mr. Barber stated that is correct.

No one in the audience wanted to speak in favor of this amendment.

Mr. Benner swore in Bill Sparks, representing Dr. Forster D.D.S, to speak in opposition to this appeal.

Mr. Sparks stated that he and Dr. Forster agrees with RPC’s recommendation. This area was established as noted in the record, as a B-1, light office, professional type of neighborhood and that is the character of the neighborhood currently. St. Michaels Church, although it is in Plain Township, is located across the street and adjacent to a very much residential neighborhood. Examples of some of the business located around this area are, Helline Financial Services, Dr. Forster and her dental office, a hospice facility, etc. These are quiet type businesses and to transform this property into a B-2 district would result in a potentially more aggressive uses such as retail, and this is certainly not a retail area.

Mr. Sparks stated that he believes that Sheer Elegant’s is a B-1 district with a non-conforming use.

Mr. Benner closed this amendment to public input.

Mr. Conley stated that he does not see enough reason to change the zoning and he agrees with Regional Planning that it would be clear that this would be a “spot zone”.

Ms. Detwiler stated that she concurred with Mr. Conley, the traffic there is already a problem.

Mr. Benner stated that the buffer zone that was established in this area was developed quit some time ago and has with stood the test of time. Mr. Benner stated that he concurred with the other Board members and RPC’s recommendation.

Mr. Conley made a motion to approve amendment #568-08 as requested.

Ms. Detwiler seconded the motion.

The vote was: Mr. Conley: No, Ms. Detwiler: No and Mr. Benner: No.

AMENDMENT #569-08 – Thomas Winkhart, 825 S. Main St. N. Canton, OH 44720 agent for Marketplace at Nobles Pond, 821 S. Main St. N. Canton, OH 44720 propose to rezone R-R (Rural Residential) & R-1A (Single Family Low Density Residential District) to B-1 (Suburban Office & Limited Business District) 5.2671 acres located on the south side of Fulton, approximately 1100 ft. east of Wales Ave., Jackson Twp.

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

Mr. Benner asked who would like to speak in favor of the amendment.

Mr. Benner swore in Thomas Winkhart, 7800 Victoria Ct. NW, Canton, OH 44718.

Mr. Winkhart stated that the development of the residential portion of Nobles Pond has come to a completion as it relates to the single family home portion. This development has occurred in a phased development plan over the course of almost 20 years now. The most recent has been the construction of the commercial shopping center, housing the Buehler’s Grocery store and several out buildings. Mr. Winkhart stated that the Safety Center was the first building on this corner to be developed, since that time the Jackson YMCA has been completed. Mr. Winkhart stated that ODOT will been improving the intersection at Fulton and Wales to six lanes coming in and out of that intersection and will be complete some time in late 2009. The Township has really be spearheading an effort to provide for sidewalks that will connect the middle school complex down through the Townships property, to the center of the intersection of Fulton and Wales and then have sidewalks continue to the YMCA, high school and along Fulton Rd. in front of the shopping center.

Mr. Winkhart discussed the aerial map and pointed out to the Board the different zoning districts located on this property.

Mr. Winkhart stated that people are much more accepting of a B-1 district. Mr. Winkhart stated that this mix use plan of integrating office, commercial and residential in a particular area is a good concept. One that has been used in other parts of the country of a number of years. Mr. Winkhart stated that he hopes to show the Board this evening that a “ranch” style mixed use development is appropriate for the area.

Mr. Winkhart stated that this site is just over 5 acres, sitting in between the existing nursing home facility to the east and the shopping complex to the west. Mr. Winkhart stated that the intent of this property would be to provide professional type offices, doctors, dentists, lawyers, etc.

Mr. Winkhart stated that he agrees with RPC’s recommendation and comments that this is an appropriate stepped zoning. Mr. Winkhart stated that the buildings provided on the site plan is for illustration only a site plan hasn’t been approved yet. Mr. Winkhart stated that in order for this type of a concept to apply the applicant would need to come back to the township, to the Board of Zoning Appeals for a conditional use permit for a planned office complex. Mr. Winkhart stated that Fulton Rd is going to be widened in front of this piece of property. East of this property would be constricted to the two lanes that currently exist there. Mr. Winkhart stated that what is currently permitted for this site, the site plan shows a right in and right out only access and that is what ODOT has approved. The over all design is to provide for an access point right through the current curb to allow cars to enter and exit the office park at the traffic light at Foxmoor.

Mr. Winkhart stated that the developers plan is to make this site a pleasing, user friendly site. The plan also shows the developers intent to maintain the existing vegetation as best as possible. Mr. Winkhart stated that the developer also wants to create a buffer mound along the west and south area, very consistent with the landscaping that already exists along the back side of the Buehler’s building. Mr. Winkhart stated that the developers plan is to build high end type A units which would allow tenants to have their own building or space. Mr. Winkhart stated that the office buildings would be finished on all four sides.

Mr. Winkhart stated that it is important for public facilities be well lit from a security and safety stand point but there are ways to light the lot without having an unbelievable amount of light pollution. The shopping center makes use of a sharp cut off luminary device that imamates a great deal of light down and directs it towards an appropriate surface. Mr. Winkhart stated that they would employ the same kind of theory and have sharp cut off lights.

Mr. Winkhart stated that in reviewing the Zoning Commission criteria for approval, the design, construction, operation and the maintenance of this small office park will be done so as to be harmonic and appropriate in appearance with the existing character of the general vicinity. This property will not be hazardous or disturbing to the existing or future neighboring uses.

Ms. Detwiler asked how many per day will be at the daycare facility. Ms. Detwiler stated that it seems like the kids would be dropped off the same time as the school aged kids.

Mr. Winkhart stated that it is a little different of a time frame, very staggered actually. The day care has almost a four hour window of pick-ups and drop-offs. This day care also does not have a drop-off area, this would require parents to park and go inside to drop the children off.

Mr. Conley asked how far the six lanes would go once the road has been widened.

Mr. Winkhart stated that how the road tapers at the yellow farm house currently is consistent with the way the road will be post-construction.

Mr. Conley stated that right turn ins do not work well.

Mr. Winkhart stated that they plan on having a physical barrier so traffic can not disregard the right only signs.

Mr. Benner asked if Mr. Winkhart planned on putting sidewalks in at this site.

Mr. Winkhart stated that the Township commissioned ME companies to complete a sidewalk plan and that is completed. Mr. Winkhart stated that the current plan would be that there would be a sidewalk connecting the residential Nobles Pond at Foxchase, wrap around the corner and across the nursing home property. The vision is that there would be a sidewalk from the Nobles Pond entrance at Foxchase all the way to the traffic signal along Fulton Rd. to the YMCA and the schools.

Mr. Benner asked about the drainage system.

Mr. Winkhart stated that the drainage system for the shopping center used to drain to Nobles Pond, but all of the catch basins under the shopping centers parking lot to the detention basin on Wales Rd. Mr. Winkhart stated that this particular property is intended to drain into the creek located between this property and the nursing home facility, and into Nobles Pond. Based on the discussions with the county, there is a strong possibility that there will not be a requirement for any detention on this site.

Mr. Benner asked if Mr. Winkhart has any plans for the portion of the property that is not being requested to be rezoned.

Mr. Winkhart stated that he is not positive. It is in good use right now, its an extension to the park that surrounds Nobles Pond. Mr. Winkhart stated that his personal opinion is that this property has a very limited residential future and he does not see a commercial use on that piece of the property. Mr. Winkhart stated that there are no plans at this time.

Mr. Benner asked if these plans were discussed with the surrounding property owners.

Mr. Winkhart stated yes and some are present this evening.

Mr. Benner stated that he knows Mr. Winkhart will do the buffering and the elevation from the nursing home, the barrier that he is looking to create, does Mr. Winkhart know of have a feel for when the buffer would be all grown up.

Mr. Winkhart stated that it is hard due to the elevation of how they sit, they will be looking down on this property almost forever but he believes any amount of trees planted would soften the appearance. Mr. Winkhart stated that they planted good size trees behind Buehler’s on a mound and hope to create the same for this property.

Mr. Benner asked if anyone would like to speak in favor of this amendment.

Mr. Benner swore in James Brunie, 6831 Chillingsworth Cir. NW, Canton, OH 44718.

Mr. Brunie stated that if he were asked ten days ago if he would speak on behalf of this amendment, he wouldn’t have. Mr. Brunie stated that the two developments, the Altercare and Buehler’s shopping center are done by two different people and in his opinion represent the good and bad of what could be done. The Altercare offered a string of broken promises, poor lighting, floodlights, no boarder, requesting nine parking spaces and ending up with twenty-seven spaces, etc. Mr. Brunie stated if Altercare were asking for the zone change he would not be in favor of it. Mr. Brunie stated that in looking at the property and looking at who wants to develop the site, he has a hard time being negative about this rezone request. Mr. Brunie stated that the lighting at the market place is a hundred times better then what is existing on the nursing home property.

Mr. Benner swore in Judy Krew, 5411 Foxchase Ave. Canton, OH 44718.

Ms. Krew stated that the nursing home abuts to her back yard. Ms. Krew stated that she isn’t here to speak in favor or opposition to this request, she just wanted to make a couple comments. Ms. Krew stated that Mr. Winkhart said the back of Buehler’s is brick and it is not brick, it is gray cement block. Ms. Krew stated that the gray cement loading dock is probably the ugliest thing 40,000 people a day see coming down Fulton. Ms. Krew stated that the loading dock is the view from her entire house. Ms. Krew stated that she has asked Buehler’s for a year and a half if they would at least paint it and they tell her that it is textured block. Ms. Krew stated that she does not want to get blind sited again that they are going to use materials that are said to fit in and the north, west and south sides of the Buehler’s complex is probably gorgeous the east side is an eye sore. Ms. Krew stated that there was testimony about right hand turns. The nursing home has access points that are both right and left hand turns going into the property coming from the east, so traffic is already stopped to turn into the nursing home.

Mr. Conley stated that Mr. Winkhart could address the issue Ms. Krew was speaking of. Mr. Conley asked if whatever materials Ms. Krew is speaking of be allowed in the new office park.

Mr. Winkhart stated No they would not. Mr. Winkhart stated that as an office type use what works best is a series of smaller buildings as opposed to a large building and in the other areas that we have developed like this is basically these are houses that are finished on all four sides with the same material.

No one else in the audience wanted to speak in favor of or opposition of this amendment.

Ms. Detwiler asked about how many people per day are coming in and out of the nursing home. Ms. Detwiler asked how much traffic would be coming and going from the office park.

Mr. Winkhart stated that it is hard to predict the kinds of tenants for this site, but in regards to out other office parks, in his opinion he would consider this property a low traffic generator.

Ms. Detwiler asked if Mr. Winkhart knew how many parking space that they have plotted.

Mr. Winkhart stated that based on the current layout, the requirement would be 245 parking spaces under the current zoning code.

Mr. Conley stated that he believes that this 5 acre be zoned B-1 and doesn’t make much sense to be zoned anything else.

Mr. Benner stated that he concurs with Mr. Conley and is sorry to hear that the back of Buehler’s is such an eye sore for some of the residents. Mr. Benner stated that he has a concern of the drainage from this property draining into the creek between the two properties.

Mr. Winkhart stated that he is unsure if this Board would issue a condition on the declaration.

Ms. Poindexter stated that the Board cannot conditional approve zoning. Zoning is zoning but the declaration will be part of the record.

Mr. Conley asked if the covenants would be part of the record.

Ms. Poindexter stated yes but the decision cannot be based on that.

Mr. Benner closed this appeal to public input.

Mr. Conley made a motion to approve amendment #569-08.

Ms. Detwiler seconded the motion.

The vote was: Mr. Conley: Yes, Ms. Detwiler: Yes and Mr. Benner: Yes.

Meeting Minutes from December 20, 2007.

Ms. Detwiler made a motion to accept the meeting minutes from December 20, 2007.

Mr. Conley seconded the motion.

All were in favor.

Meeting minutes from January 17, 2008.

Mr. Conley made a motion to accept the meeting minutes from January 17, 2008.

Ms. Detwiler seconded the motion.

All were in favor.

Ms Detwiler made a motion to adjourn the meeting.

Mr. Conley seconded the motion.

All were in favor.

Respectfully submitted,

Andrea Paumier
Zoning Data Coordinator