Members Present:                                                              Aletha Magyaros
                                                                                              James Bauder
                                                                                              David Benner
                                                                                              Stephen Bergman
Alternate Member:                                                              Richard Russell

Absent Member:                                                                 Donna Conaway

Zoning Data Coordinator:                                                 Joni Poindexter

Ms Magyaros stated that the first matter to address is the approval of the minutes from the meeting held on May 15, 2003.

Mr. Bauder made a motion to approve the minutes from the meeting held May 15, 2003.

Mr. Bergman seconded the motion.

The vote was: Mr. Russell-yes, Mr. Bergman-yes, Mr. Benner-yes, Mr. Bauder-yes, and Ms. Magyaros-yes.

AMENDMENT #529-03 – Gus Kabbara, 6615 Knightsbridge Ave. NW, Canton, Ohio 44718 agent for Rosemarie Salimbeni, property owner, 3444 East Poinsetta Dr., Phoenix, AZ 85028  proposes to rezone R-R (Rural Residential District) to R-1 (Single Family Low Density Residential District) 4.14 acres, more or less, (Parcel #1610755 & 1618022) on the east side of Lake O’Springs Ave., approximately 360 ft. south of Fairfax NW, Sect. 11SW Jackson Twp.

Ms. Magyaros read the file application signed by Gus Kabbara and Stark County Regional Planning’s recommendation for denial and the fact considered in their recommendation.

Ms. Magyaros asked who would like to speak in favor of this amendment.

Mr. Gus Kabbara, 6615 Knightsbridge Ave. NW stated that he is a professional engineer and will be speaking on the amendment.

Mr. Kabbara stated that the property is sitting in a nice residential neighborhood.  There have been many attempts in the past to rezone the property to condos or a PUD but every time the gas company would put a kibosh on it along with Regional Planning.

Mr. Kabbara stated that he thought the best use for the property would be for R-1 residential.  Mr. Kabbara presented a plan to the board and stated that he would like to continue Pawnee and put in a cul-de-sac by Lake O’Springs.  The last time they applied for a rezone they attempted to take Pawnee through to Lake O’Springs and the gas company said no way, no how are they going to allow anybody to cross over their twenty inch gas line.  There are three gas lines in a row; one within the property and two within the right of way of Lake O’Springs.  Mr. Kabbara stated that they thought if they put in a cul-de-sac it might mitigate the reasons for gas company rejecting the zone change.

Mr. Kabbara stated that they have checked the soil and they know that it is bad, but fortunately for him he owns a company called Martindale Foundation Systems which installs pilings and stabilizes foundations and they thought with the low cost of the property they could economically provide eight lots under the R-1 zoning.  Mr. Kabbara stated that the lots would have a minimum of 13,900 sq. ft. with the largest one being 24, 000 sq. ft.

Mr. Kabbara stated that the last time he submitted a plan Regional Planning had a list of reasons as to why they denied it.  He has since addressed all of those reasons with the revised plan.  Mr. Kabbara stated that he thinks if the zoning commission approves the rezoning then it will take a little bit away from Regional Planning’s ammunition for not approving it themselves.

Mr. Kabbara stated that East Ohio Gas was using the property for a staging area without permission so his attorney is looking into this to see if they can get the gas company to fix the property the way it was.

Mr. Kabbara stated that they are planning a wooded area on the north and south side of the property and a berm on the west side with trees.  Mr. Kabbara stated that the homes when built would have a price range of $190,000 to $210,000.  The entrance would be off of Portage to Rosemarie to Pawnee.

Mr. Russell stated that Regional Planning suggested to the township that this whole area should be looked at under a comprehensive planning and asked if this is being done.

Mr. Benner stated that the map review committee looked at all the quadrants of the township and there is one area next to the property that is basically a non-conforming land use that has duplexes on it.  The committee looked at this property and made a recommendation that possibly a couple of additional lots could be rezoned to better utilize the property that was there.  If he recalls right, he thinks it was for R-2.

Ms. Magyaros asked if Mr. Benner is referring to this piece of property.

Mr. Benner stated no.

Mr. Kabbara stated that right now there is residential and on either side of Pawnee there are two duplexes.  Those properties would be grandfathered even if the zoning was changed and gone to a comprehensive zoning.  Mr. Kabbara stated for Regional Planning to say this is spot zoning is an error and believes if anything is spot zoning it would be the two duplexes.

Mr. Bergman asked what the economic difference is between developing it under R-R verses R-1.

Mr. Kabbara stated that he tried to do it under the R-R because he didn’t want to wait three months for the zoning but there was no way possible that he could come up with eight lots, which is what he needs to make it viable.  If built under the R-R he could only get six houses.

Mr. Bauder asked if the street with the cul-de-sac could be shorter.

Mr. Kabbara stated that if the street were shorter then there would not be enough frontage per the township regulations.

Mr. Bauder asked about the creek.

Mr. Kabbara stated that there is a 36 inch pipe and they are going to extend it on both sides underneath the right of way.  His original thought was to close it but the subdivision engineer said that if he were to close it then he would have to do a hydraulic study but it is already working so why do a study for nothing.

Mr. Kabbara stated that there is no recorded easement for the ditch.

Ms. Magyaros asked if the gas company is not actually digging and putting in any pipes right now, but are just using the property to put their equipment on.

Mr. Kabbara stated that they did dig, but they used the property without their knowledge.  Mr. Kabbara stated the sale of the property is outright and there are no conditions as to whether the zoning commission approves or disapproves the request.  Mr. Kabbara stated that he was told that the gas company was given permission to park their vehicles on their 30 ft. easement but they were actually digging and using the dirt for their ditch because it’s good sand and gravel, which made a problem in the other areas.

Mr. Benner stated that the surrounding properties adjacent to the property in question are significantly larger lots.

Mr. Kabbara stated that they have a smaller frontage but the lots themselves are long.

Mr. Bauder stated that the lots are larger because almost all the houses built in the area were built on septic systems.

Mr. Benner asked where the water and sewer are located.

Mr. Kabbara stated that there is a man hole at the intersection of Rosemarie and Pawnee.  This is the last man hole that the Stark County Metropolitan District has.  The line comes down and across and ends in front of the duplexes.

Mr. Kabbara stated that he took an elevation from the man hole to where his man hole is proposed to be and by raising the grade up two feet along the road they can actually put the sanitary sewer line in that connects to this.  Mr. Kabbara stated that the homes would be on wells for water.

Mr. Bergman asked if any thought was put into the increased traffic flow.

Mr. Kabbara stated that if the road was open to Lake O’Springs everyone who lives in the area, instead of going to their house through the smaller streets, would use the open street as an access.  By having a cul-de-sac the only people that would have any reason to come into the cul-de-sac area would be the people living there.

Mr. Bergman stated that his original objection was the traffic flow and if someone attempted to develop the property as R-R they could still put six lots on the property.

Mr. Kabbara stated that he would still have to go to RPC and the last time the rezoning was denied by Regional Planning it was because of the gas company.

Mr. Bergman asked if the fact that Mr. Kabbara can do this with his company and dry out the land underneath the buildings during construction is the reason he thinks that he can develop this.

Mr. Kabbara stated yes, because he can put the piles across.

Ms. Magyaros stated that she is still concerned about Pawnee and wonders once this is taken to the county for approval if there is chance that they will say that the street has to go through and cannot be a cul-de-sac for fire purposes.

Mr. Kabbara stated that the fire department looks at the length of the cul-de-sac.

Mr. Russell asked if the gas company would oppose any one putting a street across their lines.

Mr. Kabbara stated that the gas company said that they will not allow the proposed extension from Pawnee to Lake O’Springs but they would not be opposed if the street ended 30 ft. east of the gas line.

Mr. Russell stated that Mr. Kabbara had stated that the homes would sell between $190,000 and $210,000 and asked if there is not a market for larger homes.
Mr. Kabbara stated that there are older homes in the area.

No one else in the audience spoke in favor of this amendment.

Ms. Magyaros asked if anyone in the audience wanted to speak in opposition to the amendment.

Mr. Mark Haymaker, 6919 Lake O’Springs stated that he spoke at the other rezoning hearings for the same property.  He doesn’t mind if they want to build single family homes under the R-R district but is afraid that it won’t look right if the zoning is changed to R-1.

Mr. Haymaker stated that he has two acres as well as his neighbor’s that surround him.  There are duplexes near the property but they were there before zoning.  Mr. Haymaker stated that it would be spot zoning if the proposed property were changed to R-1.

Mr. Haymaker stated that the property is all swamp land.  When he bought his house the lowest part of his land was probably seven foot lower than Lake O’Springs and the land across the street from him was twice as low as his.  Oaks construction put dirt on the property when they ran the water through Carlew and there is probably 15 to 20 feet of fill on the property that wasn’t packed.  Mr. Haymaker stated that he thinks if Mr. Kabbara tries to fit eight houses on the property it will look like a little trashed part of the township and is afraid that it won’t look right.

Mr. Haymaker stated that when the property was up for rezoning to R-2 it was said that a road will be built through Pawnee and connect to Lake O’Springs eventually because it is a fire hazard.

Mr. Haymaker stated that when Oaks filled the ditch the neighbor to the right sued them because his basement flooded and he lost everything so they had to dig the ditch back out.

Mr. Haymaker stated that there is probably 25 ft. of fill that was put on the property two years ago that wasn’t packed and there is plenty of muck underneath.  The land is cheap because of the muck that is in there.  Mr. Haymaker stated that he thinks the township should purchase the property and build a park.

Mr. Haymaker stated that he is not sure that eight wells could be drilled on the property and doesn’t think it is a good idea to rezone it.

Mr. Russell asked what impact there would be on the property in terms of the amount of space that would be taken for the road.

Mr. Haymaker stated that if Pawnee came through and one was standing on Lake O’Springs looking back at Pawnee there wouldn’t be enough room to build anything on the left hand side by time the setbacks were met.

Mr. Bauder asked if the flood water backs up on the side of the ditch.

Mr. Haymaker stated that it is mounded real high and is actually about 4 ft. higher than Lake O’Springs.  The ditch runs along the whole property to keep it drained and it needs to be kept open.

Ms. Magyaros stated that she visited the property and noticed that there is a ditch that runs through the middle of the property.  Ms. Magyaros asked Mr. Kabbara to address the drainage issue.

Mr. Kabbara stated that the ditch on Lake O’Springs has to stay open and this is why they would mound behind it.  The runoff runs south for a little bit then turns between the Salimbeni property and Portage St. and then turns north again.  The township fixed the ditch in the rear by installing a 36 inch pipe and this has helped alleviate anything up stream.  They will not be adding to the runoff by putting in residential homes because the ground will be seeded with grass and absorb more water.
Mr. Kabbara stated that he has investigated the soils and knows that it is all fill but he also owns a company that allows him to look at the land in a different light than any other builder.

Mr. Kabbara stated that the houses would only be about 1,800 to 2,000 sq. ft. with two car garages.

Ms. Magyaros asked if the creek that runs through the middle of the property would remain.

Mr. Kabbara stated yes.  The creek would run between two of the lots.

Mr. Benner asked if any variances would be needed for any of the homes.

Mr. Kabbara stated that he does not believe he would need any variances.

Mr. Russell asked who approves the drainage plan.

Mr. Kabbara stated that the drainage plan has to be approved by the Stark County Engineer and they cannot exceed the run off that is already there.

Mr. Bauder stated that before the property was filled the area served as a detention basin but it does not meet the criteria as a true wetlands.

Mr. Haymaker stated that the only thing he is saying is that under the R-1 there would be too many houses for too small of an area and they shouldn’t be built on muck.

Ms. Magyaros asked if any preliminary soil testing had been done on the property.

Mr. Kabbara stated that before he considered purchasing the property he did a soil test and knows exactly what is underneath the property.  Mr. Kabbara stated that Serenity Shores is going to be the same way and every house will have pilings underneath it.

Mr. Bauder asked how deep the muck is.

Mr. Kabbara stated that he does not have the report with him but can provide it at a later date if needed.

Mr. Benner stated that most R-1 properties have sewer and water although he doesn’t think it is a requirement.  While all of the entire area is zoned R-R, other then the fact this one piece of property that is being asked to be rezoned, there is no real compelling reason to have any other zoning in that area other than R-R.  Everyone else has already bought property in that area as R-R and expects R-R would remain.

Mr. Bauder stated that he knows that there is fill over weak material but he does not know how deep and how weak.  He feels R-1 is the best use for the area and doesn’t think that eight houses in that small of an area would negatively affect the esthetics of the area.  The site is very bad right now with the fill but hopefully by working on the property and the ditch the flooding will be taken care of.

Mr. Bergman asked what the plans are if the property is not rezoned.

Mr. Kabbara stated that they have not closed on the property yet.  The reason for the delay is because they found out that the survey was not exactly right.  If the property is not rezoned to R-1 then he will have to go back to his investors and tell them that they will make less money and they may not close on the property and it will stay the way it is.

Mr. Kabbara that the reason he wanted to go to the maximum is because if he runs into problems he would have to move the houses.  Mr. Kabbara stated that with any investment one has to look at what the return is on it and what is good for the community.

Ms. Magyaros stated that she does not doubt Mr. Kabbara’s ability to build, but all of the area is zoned R-R and this is a concern.

Mr. Bauder stated that the lots are ½ acre lots because of septic.  If there were sewer in the area the lots could be smaller.  Now there will be sewer in the area so the lots don’t need to be that large and he would rather have more houses in the small area to save on open space.

Mr. Bergman stated that if the zoning stays R-R then six houses could be built.  With the R-1, two more houses don’t make that much difference.  Mr. Bergman stated, regarding Mr. Haymakers comments, he is not sure that two homes could be put on the property economically so he is kind of torn right now.  If you’re going to go ahead with six homes and its zoned R-R, then R-1 he can’t see a real problem with it.

Mr. Kabbara stated that he agrees with Mr. Bergman.  If it was feasible to build six homes then he wouldn’t have come in front of the board asking for eight.

The board had no further comments.

Mr. Bauder made a motion to vote on amendment #529-03.

Mr. Benner seconded the motion.

The vote was: Mr. Russell-no, Mr. Bergman-no, Mr. Benner-no, Mr. Bauder-yes, and Ms. Magyaros-no.

Ms. Magyaros stated that the commission’s recommendation for denial will go to the trustees.  A meeting date and time for the trustees to hear the amendment will be set on July 28, 2003.

Mr. Benner made a motion to adjourn the meeting.

Mr. Bauder seconded the motion.

The vote was: Mr. Russell-yes, Mr. Bergman-yes, Mr. Benner-yes, Mr. Bauder-yes, and Ms. Magyaros-yes.

Respectfully submitted,

Joni Poindexter
Zoning Data Coordinator
Clerk/Secretary