Members Present:
Aletha Magyaros
Donna Conaway
James Bauder
David Benner
Stephen Bergman
Alternate Member:
Richard Russell
Zoning Data Coordinator: Joni Poindexter
Alternate, Richard Russell served as a regular member for amendment #526-03 due to the absence of Mr. Benner.
Ms. Conaway made a motion to approve the minutes from March 20, 2003.
Mr. Bauder seconded the motion.
The vote was: Mr. Russell-yes, Mr. Bergman-yes, Mr. Bauder-yes, Ms. Conaway-yes, and Ms. Magyaros-yes.
AMENDMENT #526-03 – McDonald Development Corporation, 4901 Spruce Hill Dr. NW, Canton, Ohio 44718 agent for Stark Community Foundation, property owner, 220 Market Ave. S., Canton, Ohio 44702 proposes to rezone R-R Rural Residential District (1.0582 acres) and B-3 Commercial Business District (2.5418 acres) to R-4 Multi Family Residential District. Property location is a portion of a 4.67 acre tract on the north side of Hills & Dales, 446 ft., more or less, east of Dressler Rd. NW, Sect. 25SE Jackson Twp.
Ms. Magyaros read the file application signed by Charles McDonald and Stark County Regional Planning Commission’s recommendation for approval and the facts considered in their recommendation.
Ms. Magyaros asked who would like to speak in favor of this amendment.
Mr. Charles McDonald, 4901 Spruce Hill Dr. NW stated that the property is a total of 4.6 acres of which 1.0582 acres is requested to be rezoned from R-R to R-4 and 2.54 acres is requested to be rezoned from B-3 to R-4. After studying the site they decided that they wanted to build a mid rise multi story condominium. The building would be three stories tall with 36 units, have an elevator, and be handicapped accessible and geared toward senior’s that are 55 and over.
Mr. McDonald stated that a lot of the reasons that were mentioned by Stark County Regional Planning are the same reason that he feels the property should be rezoned. Mr. McDonald stated that the R-4 would sit between a commercial area and a residential area which would be consistent with the staggering of the zoning in creating a buffer between the residential and commercial areas.
Mr. McDonald stated that he feels Miles Ave. will protect the residential area because it is a only a 50 ft. right of way so they cannot use it as ingress or egress because they have to have a 60 ft. right of way. The ingress and egress would be where the 100 ft. piece of the property comes down to Hills & Dales Rd. To the west of the property is an easement that goes down along the pizzeria property toward Dressler that they would also have access to for ingress and egress.
Mr. McDonald stated that the reason they would like to build one building is because the site has poor soil conditions and the reports that he has seen have stated that they would have to go anywhere from 15 ft. to 25 ft. down. More than likely that building would be more toward the center of the site. There is a drainage creek that runs pretty much down the property line so they would not be putting anything in that area. Mr. McDonald stated that with the R-R district being situated way in the northern area it is pretty much land lock and it is his understanding that even if houses were to be put on the R-R portion he could not use Miles as ingress or egress because portions have been abandoned as far as access to the property.
Ms. Conaway asked where the access from Dressler would be located.
Mr. McDonald referred to the map and stated that the access drive would be between Bally’s and the Pizzeria. Mr. McDonald presented a rendering of approximately what the building would look like.
Mr. Russell asked if the Stark Community Foundation would be selling the land or if they are a partner in the project.
Mr. McDonald stated that they would be selling the land.
Mr. Bauder asked if there would be one building surrounded by open space.
Mr. McDonald stated that this is correct. They will have more testing done once they figure out exactly where the building will be located.
No one else in the audience spoke in favor of this amendment.
Ms. Magyaros asked if anyone wanted to speak in opposition to the amendment.
Ms. Maryann Hohle of 4601 Hills & Dales Rd. NW stated that she has been a resident for over 20 years and was told by people who have looked at the land before that the bottom could never be found and she would hate to see another Golden Corral. The traffic on Hills & Dales is pitiful and will be ridiculous if adding more cars to the traffic count.
Ms. Hohle asked if they have considered the proximity to the radio station. When the Landing went in across the street there was nothing but problems with their fire alarms because of the proximity of the radio station. Ms. Hohle asked if they had considered the electronic design that they would have to have so that the radio station does not totally interfere with everything that is electronic in the building. Ms. Hohle stated that she was told that they would have to go down a very long way to shore up the building or they would have another Golden Corral. She would like the board to keep in mind that the building could interfere with the radio station and if it does they will file with the FCC.
Ms. Magyaros stated that she was unaware that the signals from the radio station could interfere with electronic equipment and asked if the Landings were able to work the problems out.
Ms. Hohle stated after many dollars for new equipment they finally solved the problem but by putting a building close to the tower there is definitely going to be a reflection on the signal.
Mr. Russell asked Mr. McDonald if this was taken into account.
Mr. McDonald stated that he was not aware of any problems but this is something that they could look at. However, if they get the zoning or not it is still zoned B-3 and a three story building could be built so the height of the building could still be an issue no matter if the property is rezoned or not.
Mr. Bergman wondered if a better or worse traffic problem would be created with the property being rezoned.
Mr. McDonald stated that the condos would be marketed toward seniors and believes only 50% of them would have cars and more traffic would be created if a twenty to thirty thousand square foot office building were built.
Mr. Russell asked if the signals are taken into account when zoning something or is it the risk of the property owner.
Ms. Magyaros stated that she believes it is the risk of the property owner and if they would interfere with what is going on at the radio station then they would be responsible to fix it. Usually when a zone change is requested the board does not look at what they are going to build because they could ask to build one thing and then change their mind and build another.
Mr. Bauder stated that he questions the financial liability of the project on a long term basis but that’s not the board’s problem or worry.
Ms. Magyaros asked Mr. McDonald if there is a possibility that once further soil testing is done they may find that they can’t build anything on the property.
Mr. McDonald stated that it is a possibility but according to the reports that he has seen they would have to go down 30 to 35 feet at the worst spot. Mr. McDonald stated that this is one of the reasons that they are looking at one building.
Mr. Bauder stated that he likes the down zoning from B-3 so he would vote in favor of the request.
There was no one else in the audience that wanted to speak in favor of or opposition to the amendment.
Ms. Magyaros stated she believes the R-4 zoning would be a nice transition and that the traffic would be less than if zoned commercial.
There were no further comments from the board members.
Mr. Bauder made a motion to vote on amendment #526-03 as requested.
Mr. Russell seconded the motion.
The vote was: Mr. Russell-yes, Mr. Bergman-yes, Mr. Bauder-yes, Ms. Conaway-yes, and Ms. Magyaros-yes.
Ms. Magyaros stated that the approval goes as a recommendation to the trustees which will probably be heard on June 9, 2003.
Mr. Benner arrived at the meeting and participated in the hearing for amendment #527-03.
AMENDMENT #527-03 – David Thomas, PO Box 2985, North Canton, Ohio 44720 agent for One Dressler Company, LLC, property owner, 4835 Munson St. NW, Canton, Ohio 44718 proposes to rezone R-R Rural Residential District to B-1 Suburban Office & Limited Business District a portion of a 1.87 acre tract, being 0.43 acres located on the east side of Dressler Rd., 500 ft., more or less, north of Hills & Dales Rd., Sect. 25SE Jackson Twp.
Ms. Magyaros read the file application and Stark County Regional Planning Commission’s recommendation for approval and the facts considered in their recommendation.
Ms. Magyaros asked who would like to speak in favor of the amendment.
Mr. David Thomas, 6610 Chatsworth NW Canton, Ohio 44718 presented a map to the board and explained what they would like to do with the property. Mr. Thomas stated that they would like to use the rezoned portion of the property for a parking lot with 17 spaces which would leave 64 ft. of retention area between the edge of the parking lot and the property line.
Ms. Magyaros asked if they are requesting B-1 to strictly use the property for parking spaces.
Mr. Thomas stated yes.
Mr. Thomas had no further comments.
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.
Ms. Hohle of 4601 Hills & Dales Rd. NW stated that the comments from amendment #526-03 also go for this amendment.
Ms. Magyaros stated that she didn’t think a parking lot would interfere with the radio station.
No one else in the audience spoke in favor of or in opposition to the amendment.
Ms. Conaway made a motion to vote on amendment #527-03 as requested.
Mr. Benner seconded the motion.
The vote was: Mr. Bergman-yes, Mr. Benner-yes, Mr. Bauder-yes, Ms. Conaway-yes, and Ms. Magyaros-yes.
Ms. Magyaros stated that the approval goes as a recommendation to the trustees which will probably be heard on June 9, 2003.
Ms. Conaway made a motion to adjourn the meeting.
Mr. Bergman seconded the motion.
The vote was: Mr. Bergman-yes, Mr. Benner-yes, Mr. Bauder-yes, Ms. Conaway-yes, and Ms. Magyaros-yes.
Respectfully submitted,
Joni Poindexter
Zoning Data Coordinator
Clerk/Secretary