Members Present:                            Rodney Napier
                                                            Tom Winkhart
                                                            James Bauder

Alternate Member:                            Aletha Magyaros

Absent Member:                               David Clatterbuck
                                                            Donna Conaway

Zoning Data Coordinator:                Joni Poindexter

Zoning Administrator:                       John Phillippi

The board agreed to have Vice Chairmen, Rodney Napier, act as Chairmen for the meeting due to the absence of Mr. Clatterbuck.

Mr. Napier asked if the board had any comments on the minutes from June 21, 2001.

Mr. Winkhart made a motion to approve the minutes of June 21, 2001.

Mrs. Magyaros seconded the motion.

The vote was: Ms. Magyaros-yes, Mr. Bauder-yes, Mr. Winkhart-yes and Mr. Napier-yes.

AMENDMENT #502-01 – Robert L. Joliet of 4610 Yale Ave. NW, Canton, Ohio 44709 agent for Tam O’Shanter Company, property owner, of 5055 Hills & Dales Rd. NW, Canton, Ohio 44708 proposes to rezone R-R (Rural Residential District) to R-4 (Multi-Family Residential District) 16 acres, more or less, located 510 ft., more or less, south of Fulton on the eastside of Everhard and R-R (Rural Residential District) to B-3 (Commercial Business District) 54 acres, more or less, located at the southeast corner of Fulton and Everhard, Section 23SE, 24SW, 25NW, 26NE Jackson Twp. (Legal description on file)

Mr. Napier read the file application and Stark County Regional Planning’s recommendation for denial and the facts considered in their decision.

Mr. Napier asked who would like to speak in favor of this amendment.

Mr. Bill Badger of 10921 Welton NE, Bolivar, Ohio stated that he would be speaking on behalf of the company.

Mr. Badger gave the board a handout in a booklet form.

Mr. Badger stated that Tam O’Shanter is a 36-hole golf course. If they were to sell off two acres for someone to build a house on Fulton Dr., it would disrupt the golf course operation. The point is that they are not talking about a gravel pit, farm, pasture or woods. Mr. Badger stated that he is talking about an established business.

Mr. Badger stated that the business has been in operation for about 75 years.

Mr. Badger stated that Tom Harris developed the Hills & Dales golf course and they are proud of what their predecessor has accomplished.

Mr. Badger stated that along Fulton Dr. from Whipple to Brunnerdale, which is shown on page 2 of the booklet, is all business on both sides of Fulton Dr. until you get to the golf course. It then becomes residential on the south side and B-3 on the north side until you get to Everhard Rd. It is then business on both sides until you get to Lake Cable, which is residential on the north side.

Mr. Badger stated that the only residential area on this stretch of Fulton is the Tam O’Shanter business use in a residential area.

Mr. Badger stated that the future plan of the golf course needed to be updated to be consistent with the other zoning in area.

Mr. Badger showed the board a large drawing of the property in question and surrounding properties and explained the zoning.

Mr. Badger stated that they are asking to rezone approximately 70 acres. They have 300 acres total therefore 230 acres to the south of the property would remain what it is currently zoned and acts as an excellent buffer to the Village of Hills & Dales.

Mr. Badger stated that R-4 is next to what they are asking to be rezoned to R-4 and believes that it would be difficult for R-4 property to object to their R-4 request.

Mr. Badger stated that across the street is existing B-3 and believes that it would be hard for the people in the B-3 area to object to their request for B-3.

Mr. Badger stated that the Croxton and Doane family, which own property next to Tam O’Shanter’s, do not object to the rezoning.

Mr. Badger stated that he believes they have addressed the transition issue.

Mr. Badger stated that there are three homes on Everhard near the intersection, however he does not have a good story for them.

Mr. Badger stated that the Tam O’Shanter Company is 75 years old and they have 96 employees. Mr. Badger stated that Tam O’Shanter would be holding the Ohio Open with 250 players. Of those 250 players over 200 of them will come from other counties. Mr. Badger stated that Tam O’Shanter brings money into Stark County and Jackson Township.

Mr. Badger stated that if someone wanted to buy an acre of land from Tam O’Shanter along Fulton Dr. to put in a home or whatever, it would not be simple. The area may involve a Tee or Fairway, which would have a dramatic percussion on the golf course because the Tee, Fairway and water would have to be re-routed and they are not interested in disrupting the operation.

Mr. Badger stated that the whole idea of getting the larger tract rezoned is so they can sit down with professionals and see if there is anything that could be done that makes sense to Tam O’Shanter and Jackson Township.

Mr. Badger stated that he believes he has covered everything that he intended to cover.

Mr. Bob Joliet, president of Tam O’Shanter Company, of 4610 Yale Ave. NW stated that Tam O’Shanter is a partnership of the Frease & Deuber Families. Mr. Joliet stated that they have been honorable citizens of Stark County for over 100 years. Mr. Joliet stated that they don’t just own the land, they love the land and are proud of the fact that they developed the Village of Hills & Dales.

Mr. Joliet stated that they are proud of the fact that they have maintained the golf course in a beautiful manner not only for the golfers, but also for the surrounding neighbors.

Mr. Joliet stated that they are asking for a portion of the golf course to be made to conform to the neighboring zoning.

Mr. Joliet stated that he was shocked when RPC said that they did not want any change in zoning south of Fulton Rd. to protect the residential areas. Mr. Joliet stated that Tam O’Shanter’s property is the only one that would be affected. After the zoning is changed, they still own 240 acres south of the property and they have every interest in maintaining the 240 acres to be the kind of residential area that Hills & Dales represents.

Mr. Joliet stated that the comment was also made, "protect the land to the south". Mr. Joliet stated that he has to ask himself who would be concerned about the B-3 zoning that they have asked for. Mr. Joliet stated certainly not the people to the west of them, who are in favor or the people to the north of them who are all B-3 zoning. Mr. Joliet stated certainly not the people to the west where it is commercial to Lake Cable with the one exception of a lot or two.

Mr. Joliet stated that it was suggested to him that if they came to the board with a plan of development that the board would be disposed to approve it. Mr. Joliet stated that the developers that he has talked to did not want to go through the contentious manner that zoning changes represent.

Mr. Joliet stated that any development would be done in a manner that the citizens would be proud of.

Mr. Chuck Bennell of 5555 Everhard stated that he is in support of the request.

Mr. Bennell stated that members of his family have been part of the ownership of Tam O’Shanter since the 1920’s. Mr. Bennell stated that his great uncle T.K. Harris planned and developed the Village of Hills & Dales and built the two Tam O’Shanter golf courses.

Mr. Bennell stated that he is currently on the Jackson Board of Zoning Appeals and the Map Review Committee however he is speaking as a citizen.

Mr. Bennell stated that Jackson Township is continuously refining and developing its land use plan. Mr. Bennell stated that Jackson made a commitment to planning when they hired someone with a professional planning background to serve as the Zoning Administrator, which is Mr. Phillippi.

Mr. Bennell stated that the trustees in their charge to the current map review committee, specifically directed the committee to identify parts of the township where significant pieces of land are currently zoned in a manner that is not in keeping with the land surrounding it.

Mr. Bennell stated that part of Tam O’Shanter along the Fulton & Everhard area is currently zoned R-R. Mr. Bennell stated with B-3 across Fulton & Everhard and business zoning along Fulton virtually all the way from Whipple and Brunnerdale minus the exception of Lake Cable, R-4 zoning at the Carriage Hill Apartments right next to the Tam O’Shanter property and B-1 adjoining a section to the east, the piece of land that is talked about in the application is absolutely the sort of thing the trustees asked the map review committed to point out and recommend to the zoning commission for appropriate rezoning.

Mr. Bennell stated that the trustees have specifically directed the map review committee not to make any recommendation on any piece of property that currently has an application for a zone change. Mr. Bennell stated that he believes when looking at the map that the Tam O’Shanter property jumps off of the page.

Mr. Bennell stated that the part of the property that is being requested is no longer appropriate for R-R zoning.

Mr. Bennell stated that he would not be surprised if it was found that RPC has a history of feeling that this area of Jackson Township should be green forever because that’s what it has been for the past 75 years.

Mr. Bennell stated that they believe that they have been good stewards of the land for 75 years and 75 years of good performance is the strongest evidence that they can give to the board.

Mr. Bennell stated that they believe the zone change request is senseable and in keeping with the orderly growth of Jackson Township and asks that the board vote in favor of the request.

Mr. Jim Doane of 4670 Fulton Dr. stated that he has no intention of disputing the zone change and feels that the chance of the property developing someday is realistic. To give Tam O’Shanter the opportunity to redo their holes and keep the 36-hole golf course as beautiful as always should be considered.

Mr. Xen Kalarides of 5105 Everhard NW stated that he is not in favor of or opposed to the zone change.

Mr. Kalarides stated that he has owned his property since 1971 and had tried to get a variance for his property that was rejected however things change.

Mr. Kalarides stated that when the road was built they did not touch Tam O’Shanter’s property but took three lanes from his property and made it worth less.

Mr. Kalarides stated that he owns the corner of Strouble and Everhard and if commercial comes by his property he will be a lonely ranger. Mr. Kalarides stated that if the rezone were approved than he would like his corner to be commercial for future planning.

Mr. Napier explained to Mr. Kalarides the procedure for applying for a rezone.

Ms. Barb Bennett of Hammond Tree & Associates stated that she does not have a formal presentation however she wanted to introduce herself and answer any technical questions that the board may have.

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

Mr. Clark Richards of 5290 Schario Rd. NW stated that he is opposed because of the awkwardness of the number of people in favor as opposed to those in opposition. Mr. Richard’s stated that he has talked to several people in his community and no one knew the hearing was taking place. Mr. Richard’s stated that the citizens of Everhard Rd, the Schario community and the others may not know that the hearing is taking place.

Mr. Richards stated that he believes that the citizens of Jackson Township as a whole are getting tired of the commercial development that is going on. Small communities and allotments are gradually being consumed by the retail industries. As chunks widdle away people start realizing that it is getting closer to their homes so they will start rezoning their property and moving out.

Mr. Richard’s stated that he is speaking on behalf of the residents and requests that the rezoning not be voted on at this hearing because people are not aware of what is going on.

Mr. Napier stated that there was an advertisement in the Canton Repository and notifications were sent to the adjoining property owners.

Mr. Richard’s stated that he understands this but not everyone reads to the newspaper.

Mr. Richard’s stated that he is asking that the amendment not be voted on, at least in favor of, until the community has a chance to voice their opinion. Mr. Richard stated that if the amendment is voted in favor of that he may take the direction to put it on the ballot so the community could vote on it.

No one else in the audience spoke against the amendment.

Ms. Magyaros stated that she agrees that the tracts stand out as being zoned R-R in the area when everything else is zoned something different. Mrs. Magyaros asked why they didn’t ask for B-1 to be more consistent as opposed to B-3.

Mr. Badger stated that it has to do with their notion of good development and they do not know what this will be. Mr. Badger stated that B-1 is more suitable for small tracts and excludes a number of commercial uses. Mr. Badger stated that his view is that they need to have the largest variety of possible uses to choose from so that they do not rule out any developer from anything that they might want to do.

Mr. Badger stated that his personal view of an ideal shopping center that he sees for the area is built on industrial areas just south of Portage.

Mr. Bauder asked if they are asking for a zone change however they have no idea what they are going to do.

Mr. Badger stated yes. They understand that some of the board may prefer to see a project but they experienced some difficulty with respect to if they go through the effort to come up with a project and then the project gets rejected.

Mr. Bauder asked if tract A is wide enough and shaped properly to be developed.

Mr. Badger stated that Ms. Bennett could answer this.

Ms. Bennett stated that the property is wide enough for Multi-Family.

Mr. Bauder asked about the traffic flow.

Ms. Bennett stated that they did not look at anything specific regarding traffic flow however there would be good circulation.

Mr. Bauder asked why they wanted to go so far south with tract B.

Mr. Badger stated that they matched up the south corners. Mr. Badger stated that they did not choose their south points, history chose them.

Mr. Bauder asked if taxes would change if the zoning were different.

Mr. Badger stated that he is not sure.

Mr. Napier stated that he agrees that the area needs to be reviewed and changed because it is not consistent with the current zoning. Mr. Napier stated that a lack of a plan is not an issue with him.

Mr. Napier stated that he would prefer to see the west side, which is the gas station property and zoned B-3, for the depth to continue down to the adjacent B-1 property. Mr. Napier showed the applicant what he is suggesting and stated that he is opposed to the current configuration and suggests a modification.

Mr. Joliet stated that half way is only 225 ft. and does not give them the depth that they would like.

Mr. Joliet stated that this would preclude any development and he is not is favor of cutting the property up.

Mrs. Magyaros stated that she suggests a modification also and showed the board and the applicant a suggested modification.

Mr. Napier asked Mr. Joliet if they would like to continue the amendment as requested or if they would like to ask for a modification.

Mr. Badger stated that they would like to accommodate the commission but someone would probably come back later and ask for a zone change again because it is not right.

Mr. Joliet asked for a recess to discuss the modification.

Mr. Napier stated that the board would take a five-minute recess.

The board went off the record.

The board went back on record.

Ms. Bennett stated that the applicant would like to make a modification based on the discussion of the zoning commission and residents. The modification would be limiting the B-3 to the frontage along Fulton Rd. being an extension of what is shown as the R-4 line. The reason being that this gives them an adequate depth for quality development and to keep the line parallel to Fulton Rd.

Ms. Bennett stated that the modification submitted is a 510-ft. depth along Fulton Rd. for the B-3 and the southern part B-1 and to keep the R-4 as requested.

Mr. Napier stated that the new site plan showing the modifications would be marked as exhibit "A" and signed by Mr. Joliet.

The board had no further comments.

Mr. Winkhart made a motion to consider amendment #502-01 as amended pursuant to exhibit "A" which is attached and part of the record.

Mr. Bauder seconded the motion.

The vote was: Ms. Magyaros-yes, Mr. Bauder-yes, Mr. Winkhart-yes and Mr. Napier-yes.

Mr. Bauder made a motion to adjourn the meeting.

Mr. Winkhart seconded the motion.

The vote was: Ms. Magyaros-yes, Mr. Bauder-yes, Mr. Winkhart-yes and Mr. Napier-yes.

Respectfully submitted,

Joni Poindexter
Zoning Data Coordinator
Clerk/Secretary