Members Present:                             Rodney Napier
                                                             Donna Conaway
                                                            Aletha Magyaros
                                                            James Bauder

Absent Member:                               David Benner

Absent Alternate Member:              David Clatterbuck

Zoning Data Coordinator:              Joni Poindexter

Mr. Napier asked if the board had any comments on the minutes from February 21, 2002.

Ms. Conaway made a motion to approve the minutes from February 21, 2002.

Ms. Magyaros seconded the motion.

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

AMENDMENT #511-02 – Leo J. Reikowski, property owner, of 4362 Fulton Rd. NW, Canton, Ohio 44718 proposes to rezone R-R (Rural Residential District) to B-3 (Commercial Business District) Parcel #1700185, 4.45 acres 140 ft., more or less, north of Munson St. and 450 ft., more or less, east of Higbee, Sect. 25NE Jackson Twp.

Mr. Napier read the file application and Stark County Regional Planning’s recommendation for approval and the facts considered in their recommendation. Mr. Napier stated that RPC also recommended that the township consider initiating the rezoning of the small strip of land that is to the south of the tract in question.

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

Ms. Joanne Reikowski of 4362 Fulton Dr. NW stated that they would like the property rezoned because everything in the surrounding area is zoned B-3.

Mr. Napier asked who owns the small strip in front of the property in question.

Ms. Reikowski stated that it is owned by Springbrook.

Ms. Reikowski had no further comments.

No one else in the audience spoke in favor of this amendment and no one in the audience spoke in opposition to the amendment.

Mr. Bauder made a motion to vote on amendment 511-02 as requested.

Ms. Conaway seconded the motion.

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

Mr. Napier stated that the board should consider initiating the change for the southern strip in front of the property for amendment #511-02.

The other board members agreed.

Mr. Napier stated that the board would like to initiate a zone change from R-R (Rural Residential District) to B-3 (Commercial Business District) for the southern strip of property that was the subject for amendment #511-02 and marked as exhibit A. Mr. Napier stated that this would be considered at the September 2002 zoning commission hearing.

Mr. Napier asked if the board members would be in favor of moving the meeting times until 6:30 p.m.

All the board members agreed.

Ms. Conaway made a motion to change the starting time of the zoning commission meetings from 7:30 p.m. to 6:30 p.m.

Mr. Bauder seconded the motion.

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

The board went off the record for five minutes.

The board went back on record.

AMENDMENT #512-02 – Craig Conley, 220 Market Ave. S., Suite 640, Canton, Ohio 44702 agent for property owners, Roger Climes, 8199 Frank Ave. NW, North Canton, Ohio 44720, Richard Heiser, 7925 Frank Ave. NW, North Canton, Ohio 44720, Richard, Craig & Wesley Snee, 5335 Strausser St. NW, North Canton, Ohio 44720 propose to rezone R-R (Rural Residential District) to I-1 (Industrial District) 103.65 acres, more or less, including 8199 & 7925 Frank and 5335 Strausser St. NW, Sect. 2SE &SW Jackson Twp.

Mr. Napier read the file application and Stark County Regional Planning’s recommendation for a modification of reducing the area to approximately 70 acres, bounded on the west by the quarter section line between SE and SW Section 2, on the south by a line approximately 1,378 ft. from the centerline of Strausser, projecting east to the right of way of Frank and parallel to Strausser. Mr. Napier read the facts that were considered in RPC’s recommendation.

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

Mr. Craig Conley of 220 Market Ave. S., Canton, Ohio stated that he is representing the applicants.

Mr. Conley gave the board several documents that were marked as exhibits.

Exhibit A - a two-page copy of a Judgement entry, case #82-594 dated December 21, 1982.

Exhibit B - a proposed findings of fact and conclusions of law memorandum dated December 21, 1982.

Exhibit C - a two-page map from Stark Regional Planning.

Mr. Conley stated that the court filing describes approximately 60 acres of the land as being non-conforming for the Earth and Wood business that is there. Mr. Conley stated that exhibit B describes the property as being 60 acres of land. Mr. Conley stated that he was unable to locate any records for Mr. Heiser’s property but it is his understanding that it is currently being used as a sand and gravel mining operation and has been for several years. Mr. Conley stated that he was unable to find a conditional use permit so he assumes that this is also a non-conforming use because it is in a residential area.

Mr. Conley stated that he would like to go through the map that was prepared by Regional Planning and have Mr. Snee show the board what is located where.

Mr. Craig Snee of 8248 Lake O’Springs stated that he would answer any questions.

Mr. Conley referred to page #2 of Exhibit C.

Mr. Conley asked Mr. Snee if the area outlined in solid black is the property that is being requested and is presently zoned R-R.

Mr. Snee stated yes.

Mr. Conley asked what is the black dotted line along the northern boarder.

Mr. Snee stated that this is the extension for Waywood that is currently under construction.

Mr. Conley stated that Ms. Snee is engaged in negotiations with the airport for the purchase of a portion of the property and asked Mr. Snee if he knew when the extension of Waywood would be completed.

Mr. Snee stated that the last he heard it was to be completed in July.

Mr. Conley asked what is north of the tract of land that is being requested.

Mr. Snee stated that it is all airport property and the area marked nature preserve is no long the nature preserve. It was given back to the airport. Mr. Snee explained where Port Jackson is located and the surrounding businesses in the area.

Mr. Snee stated that the runway extension is taking place northeast of Port Jackson.

Mr. Conley marked exhibit C as parcels one through twenty and asked Mr. Snee to explain what is located on the parcels.

Mr. Snee stated that he owns parcel #1, which is a 7-1/2 acre parcel in which his home is located. Parcel #2 is an 8-1/2 acre parcel where his brother Wesley has his home and parcel #3 is 10 acres of vacant land that is owned by his brother and himself. Parcel #4 is a 6-acre parcel owned by Joe Codispoti and the home is located approximately 75 to 100 ft. off of Astrojet.

Mr. Conley asked how close Mr. Codispoti’s home is to the black line of the rezone request.

Mr. Snee stated that he would guess about 400 ft. because there is good size pond at the corner just south of the black line.

Mr. Snee stated that parcel #5 is a 10 acre parcel and is the estate of Joe Turner. This property has a couple of small ponds and the home is approximately 100 ft. from Strausser St.

Mr. Conley asked how much distance is between the home on parcel #5 and the closest point to the black line.

Mr. Snee stated about 1,000 ft.

Mr. Snee stated that parcel #6 is owned by Fred Brumma and guesses that it is 5 acres. The home is about 40 ft. from Strausser Rd. and there is a barn in the back with most of the ground being used for pasture. Mr. Snee stated that the distance between the home and the black line is approximately 750 ft.

Mr. Snee stated that parcel #7 is a vacant lot used for pasture and is owned by Dick Kempthorn.

Mr. Snee stated that parcel #8 is about 3-1/2 acres of vacant land and is owned by Dick Heiser.

Mr. Snee stated that parcel #9 is about 18 acres and is owned by Ms. Heggy. There is a home on the property that is approximately 300 ft. from the black line.

Mr. Conley asked if this is the same Ms. Heggy that was quoted in the newspaper and being in favor of the zone change.

Mr. Snee stated yes.

Mr. Conley asked what is between #8 and #9.

Mr. Snee stated that this is a 50-ft. small strip owned by the Snees that was basically obtained for access.

Mr. Conley asked if this is the driveway to Earth & Wood.

Mr. Snee stated no. The driveway is between parcel #6 and #7.

Mr. Snee stated that parcel #9 and #10 are together.

Mr. Snee stated that parcel #11 is owned Mr. Piquet. The home is a couple hundred feet off of Frank Rd. and about 600 ft. from the black line.

Mr. Snee stated that parcel #12 is 6 acres that is owned by the airport. The house on #12 has been torn down.

Mr. Snee stated that parcel #13 is owned by Mr. Ruegamer and parcel #14 is owned by Mr. Ricker. Together the parcels are about 5 acres.

Mr. Conley asked if there are homes on parcels 13 and 14.

Mr. Snee stated yes. They both face Frank and are 100 to 150 ft. from Frank Rd.

Mr. Ruegamer stated that his home is about 50 ft. from Frank Rd.

Mr. Conley asked Mr. Snee how far the home on #13 is from the southern part of the black line.

Mr. Snee stated that the southern part would be fairly close.

Mr. Conley asked how far the home on parcel #14 is from the west and the southern black line.

Mr. Snee stated that to the south it would be 80 plus feet and the to the west it would probably be several hundred feet.

Mr. Snee stated that the homes on parcels 15, 16, and 17 have been torn down and are owned by the airport.

Mr. Conley stated that there is an area that is crosshatched within the black outlined area and asked if the line to the east of the crosshatched area is a property line.

Mr. Snee stated yes, it is the property line between the Heiser and Snee property.

Mr. Conley stated, that the crosshatched area and the area to west and south of the cross-hatched area, which is #18, is Earth & Wood and asked what is to the east and marked as #19.

Mr. Snee stated that this is Richard Heiser’s property and is about 30 acres.

Mr. Snee stated that parcel #20 is Roger Climes property and is a 5 acre tract.

Mr. Conley stated that #18, 19, and 20 are the applicant’s property.

Mr. Snee stated that this is correct.

Mr. Conley asked if #18 is the property referred to in the court order.

Mr. Snee stated that there is a property line that runs approximately 500 ft. east of the northwest corner of the tract and the court order applies to the 60 acres in the middle.

Mr. Conley stated that at least a good chunk of #18 is in the court order and asked currently what uses are being made of the property.

Mr. Snee stated that his parents live in a single family home and the rest of it is used for basically industrial purposes for his business activity and pasture.

Mr. Snee stated that about 90% of #19 was used for mining at one time or another.

Mr. Snee stated that Mr. Climes has a home on #20 and there is also an outbuilding.

Mr. Conley asked what the intent of the property owners is if the zone change is granted.

Mr. Snee stated that in the short term they intend to continue doing what they are doing. In the long term they would like to go toward a warehousing use, which basically ties into the other uses in the area.

Mr. Conley asked if the intention of the applicants if granted, is to use at least a portion of the property for warehousing office type with the hope that they could provide a service to the industrial park.

Mr. Snee stated that this is correct.

Mr. Snee stated that there is a gas line that runs approximately 100 ft. north of the southern boundary and ties into a well on Mr. Codispoti’s property and runs along the entire southern boundary. Mr. Snee stated that there is also a gas well on #18 that is about 100 ft. from the property line. The line runs clear across the southern boarder, which is pretty well unusable for structures.

Mr. Snee stated that there is a three-acre lake that lies about 50 ft. north of the southern boundary along the diagonal portion. The lake is north of #5 and #6.

Ms. Magyaros asked Mr. Conley if the crosshatched area in parcel #18 is the area referred to in the trial court judgement entry.

Mr. Conley stated no. The court order is 60 acres of Snee property.

Mr. Snee stated that the hatched area shows the existing land use even though it is zoned R-R.

Mr. Conley stated that the dotted line on exhibit "C" is what RPC has recommended for rezoning and asked Mr. Snee to tell the board what the practical difficulties are with RPC’s recommendation.

Mr. Snee stated that on the west there is a county creek that runs along #1, 2, 3, & 18 and then turns southeast and runs along the boarder of the property line marked #4, 5, & 6 and north of #7 & 8 and then cuts through #9 & 12 goes to Frank Rd.

Mr. Conley asked Mr. Snee if he knew why RPC choose to cut out the rectangular piece on page one of exhibit "C".

Mr. Snee stated that he thinks that they wanted to line it up with the quarter section line.

Mr. Conley marked the rectangular piece as "A".

Mr. Snee stated that himself and his brother own "A". Mr. Snee stated that his family owns the parcels to the west of this area also.

Mr. Conley marked the southern piece left out by RPC as "B".

Mr. Snee stated that Richard Snee is the property owner of 80 % of "B" and Richard Heiser owns the eastern section that boarders Frank Rd.

Mr. Conley asked what is in the lower portion of "B", exhibit "C" page one.

Mr. Snee stated that their office, maintenance buildings, sales area and storage bins are all south of the line dotted line within "B". Mr. Snee stated that none of the structures are included in the area recommended by RPC.

Mr. Snee stated that the airport has bought parcel #12 and has torn down the house. If RPC’s southern dotted line represents the best judgement about where the industrial use should turn into residential use it seems like there is a conflict in policy because one agency of government is buying homes and tearing them down and another agency of government is saying that south of the dotted line they recommend that a single family home could be built.

Mr. Snee stated that there is a natural buffer that is created by the parcels around it. In addition there are the gas lines that have a 100-ft. building restriction as well as the ponds.

Mr. Snee stated that he believes the dotted line is an arbitrary selection that is out weighed by the natural features that are there.

Mr. Conley stated that he imagines that there are setback requirements for structures that are built next to residential and this would provide further buffering.

Mr. Conley stated that he presumes if the airport has bought homes on all sides of #13 and 14 that they will endeavor to buy #13 and 14. Whether or not they will be successful in negotiations or have to exercise eminent domain is not for him to say but certainly when they are buying properties to the north and south of #13 and 14 it seems reasonable to expect that someday down the road they will attempt to buy #13 and 14.

Mr. Snee stated that from a policy decision at the township level and the long-range land use plan of the township, RPC basically said that they only want homes built north of Strausser Rd. If the southern dotted line remained it would take away Mr. Heiser’s entire frontage along Frank Rd. The question is do we want homes in the area that is marked A & B and not included in RPC’s recommendation.

Mr. Fred Krum of 415 Sutton Ave., North Canton stated that all the land is zoned R-R and the last thing the airport wants to see is any more homes built. Mr. Krum stated that the airport is basically in favor of the rezoning but has some difficulty with the Climes property. It is on approach to the runway and they would like to buy the property but Mr. Climes does not want to sell it. Mr. Krum stated from the airport's standpoint, at some point in time they want to buy the property because they do not want to see anything put there. They want to see it vacant due to being on approach to the runway. Mr. Krum stated they would eventually like to buy everyone’s property but the owners don’t want to sell however there is the power of eminent domain. The policy is that the airport does not have to have the properties but they would like to include them at some point in time. Mr. Krum stated that they would like to buy the land to keep the area clear of the runway. There is not a federal requirement to do this but they do it because they think it makes sense if there was ever a problem with an airplane.

Mr. Krum stated that the airport objects to the zone change for the Climes property because if they ever do purchase the property it would be more expensive if zoned industrial. Mr. Krum stated that the airport is in favor of the zone change with the exception of parcel #20.

Mr. Krum stated that they also object to a portion of the Heiser property however RPC has already removed this portion in their recommendation.

Mr. Conley marked the portion that Mr. Krum was referring to as 19A.

Mr. John Ricker of 8015 Frank asked if Mr. Krum is opposed to what is marked as #20 and 19A because it is on approach to the runway and if zoned industrial the price would go up.

Mr. Krum stated yes.

Mr. Dick Kempthorn of 5160 Strausser St. NW stated that he is the president of the board of trustees for the airport. To substantiate the runway and the buying of the homes along Frank Rd., having been a military pilot and seeing many crashes, most take place within one mile of the airport so he is saying no more homes should be there. Mr. Kempthorn stated that the airport wants the runway area kept open.

Mr. Kempthorn stated that he owns the property just to the south of Strausser and he bought out the piece of ground on the corner when they wanted to put up 60 apartments. Mr. Kempthorn stated that he wants greenspace.

Mr. Kempthorn stated that there needs to be a buffer for the people on the west side. Mr. Kempthorn stated that to the south there is going to be a development of 60 homes on the old Snee farm.

Mr. Conley stated that section 411.5 of the zoning resolution states that the setbacks for industrial zoned areas adjacent to residential is 100 ft. for the side and rear yard. This is a significant setback.

Mr. Conley stated that section 411.3D & F refers to a warehouse and a planned office complex and this is one of the uses that they would contemplate doing.

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

Mr. Napier asked if anyone in the audience wanted to speak in opposition to the amendment.

Mr. John Ruegamer of 7979 Frank Ave. NW stated that he owns the parcel that is marked #13 on exhibit "C" page 2. Mr. Ruegamer stated that he has lived in Jackson for sometime and in 1965 sixty acres was not in use for industrial and asked if the 25% increase in acreage is permitted every year because it has grown to more then 60 acres of non conforming use.

Mr. Ruegamer stated that the applicant’s want to develop the land and say that it would be offices and warehouses but they’ve been doing a non-conforming use the way the land is now and there is a deep pit behind his property. As he understands it, in an R-R area only 18 inches of dirt can be taken off and asked if this increases by 25 % every time a swipe is taken with the grinder. The non-conforming use is pretty radical where he lives and he is opposed to decreasing the limitations for the use of industrial. Mr. Ruegamer stated that in his opinion they have already violated the intent of the zoning for their use of the property.

Mr. Ruegamer stated that in 1999 the applicant’s wanted to rezone the property and he among many other people addressed the board and said that they want to live in Jackson Township in an area that is not industrial. Mr. Ruegamer stated that when he hears industrial use this means a chemical company could be put up and encourages the board to reject the zone change.

Mr. Jeff Zanolli of 7819 Portview NW stated that his property is on the southwest side of the proposed zone change. Mr. Zanolli stated that in talking about the business all you hear is noise from eight in the morning until eight at night and trucks line up the driveway. There is a pile of skids and wood on the property that is a fire hazard. Mr. Zanolli stated that the board would open the floodgates if the zone change were permitted. They are basically a commercial business and there is a lot of noise. Mr. Zanolli stated that he is opposed to the zone change.

Mr. John Ricker of 8015 Frank Ave. NW stated that he is against the zone change. Mr. Ricker stated that when he moved on Frank Rd. it was a country setting and he knew the airport was there. Mr. Ricker stated that the Snee’s and Heiser’s were not doing what they are doing now. Mr. Ricker stated that he has excepted what’s been going on but he does not like it. Mr. Ricker stated that a lot of the property owner’s tried to stop Mr. Heiser at one time but they couldn’t because they were told that he had the right permits. Mr. Ricker stated that money is the object here. Mr. Ricker stated that Mr. Krum had said that the airport is opposed because the price for the land would increase. The bottom line is that the applicant’s want to turn their property into bigger money.

Mr. Ricker stated that there was an article in the newspaper about saving the land however there is no saving of the land in this area and no green grass is going to grow unless the township stops what’s going on. Mr. Ricker stated that he is totally against the zone change.

No one else in the audience spoke in opposition to the amendment.

Mr. Conley stated that since the newspaper article was brought up he would like to submit it as exhibit "D".

Mr. Conley stated that according to the court order for the Snee property, it is 60 acres of non-conforming use. Section 303.3 of the zoning resolution provides for a 25% expansion of a non-conforming use however it has nothing to do with the zone change. Zone change or no change the area marked as "A" on exhibit "C" can become an extended non-conforming use.

Mr. Conley stated that on behalf of all applicants he represents to the board that they all are of like minds with the notion of an office complex or warehousing.

Mr. Conley stated that when it comes to the Waywood extension, it make sense that traffic from the area that they are asking to be rezoned is going to flow mostly north through Waywood. Traffic concerns about Frank Rd. are hard to argue because there is not an I-77 connection yet but that certainly is coming down the road.

Mr. Conley stated that the law permits what is there now and if the zone change goes through the uses that are contemplated in the future would be less offensive then a smelly compose pile or the dust and noise of equipment. Mr. Conley stated that eventually the sand & gravel use of the property will be gone and the land will need to be used for another use.

Mr. Conley stated that he would urge the board to accept the application particularly in light of the Waywood extension.

Mr. Ruegamer disagrees with Mr. Conley. The 25% grandfathering applies to operations that were in place. Mr. Ruegamer stated that he contends the operations have extended 250% or more and does not believe the non-conforming use as industrial is valid. A small portion may be non-conforming but not all of it. Mr. Ruegamer stated that it’s not logical to him that one can take a violation of a basic intent of a zoning law and say they’ve been violating it all along so why not just make it what they are asking for. Mr. Ruegamer stated to argue that it is inevitable is not the truth. This is why we have zoning, because things are not inevitable.

Ms. Magyaros stated that she is inclined to deny the application as submitted. However, if there were some kind of agreement that they could get to that would accommodate the residents that live in the area and also accommodate Mr. Snee’s business, she would be in favor of this.

Mr. Bauder stated that he would vote in opposition as submitted. It was stated that the cross hatched area is the non-conforming use and the extension to the west that is being proposed is more then 50 % of this, which is far in excess of the existing use. Mr. Bauder stated that going to a building situation would be a great improvement to the people living on Astrojet and Portview.

Mr. Napier stated that he believes that the northern boarder is not even in question. In using the lines RPC had requested, the area he was most concerned with was to the west but he now understands that it is owned by the Snee’s so he does not see a problem with this. Mr. Napier stated that he was concerned with the property owners to the south of the black line which one is the Snee’s and the other is Mr. Kempthorn’s. No one spoke in opposition to this area so he does not see a problem with this area.

Mr. Napier stated that the most troubling area is next to Mr. Ruegamer’s and Mr. Rickers property. In his opinion the back portion of the property is ideal for industrial use. Mr. Napier stated that what he was troubled with the most was the area north of the last property, which is 8015 Frank and the property that is now owned by the airport. But when looking at the area and driving down Frank Rd., the adjacent property across the street is already industrial. Mr. Napier stated that he believes Mr. Ruegamer’s and Mr. Ricker’s properties are in an area that’s a catch 22 situation. Mr. Napier stated by drawing a line and keeping the two parcels’ on either side of Mr. Ruegamer and Mr. Ricker’s property, he does not think this helps them.

Mr. Napier stated that it is his opinion the entire area shown, and the only opposition to the two pieces on the north and south is because the airport does not want to pay a higher price, he is inclined to go for the entire rezone. However, he does understand the other commission members concerns.

Ms. Magyaros stated that she is concerned with the properties to the east.

Ms. Conaway stated that she thinks the rezoning is inevitable and is inclined to go with the way that it is proposed.

Mr. Bauder stated that his concern about the area to the west is that for quite a few years there was a buffer of trees and it not that way anymore.

Mr. Napier stated that when he stood on Astrojet and looked over at what was the industrial use and then he looked up at the area on Port Jackson where liquid control is, there was a day and night difference in the views. Mr. Napier stated that he thinks the land would be more valuable for the building of large commercial structures then it would be for the current use.

Mr. Napier stated that in his opinion there has been a radical change in the area and there is surrounding areas of industrial use and that it is a proper use.

Mr. Napier stated that there are buffer requirements for residential verses industrial districts and believes they are sufficient.

Ms. Conaway stated that she believes that the area has potential for improvement.

The board discussed a modification to the proposal.

Mr. Napier stated that the board had come up with a proposed modification. Mr. Napier referred to exhibit "C" and stated that the modification requested by RPC with the dotted line on parcel "A" would no longer exist and would go to the black line as proposed by the applicant. In looking at area "B" on exhibit "C" the dotted line would no longer exist up to a point of 200 ft. from the eastern black line thereby creating a 200-ft. buffer for the eastern properties.

Mr. Napier asked Mr. Ruegamer if he if opposed to what is marked as 19A being rezoned.

Mr. Ruegamer stated yes because it close to his home.

Mr. Snee stated in referring to exhibit "C-1", there is no home on #7 or 8, on #6 the structure is 30 ft. from Strausser Rd., and #5 is a ten acre parcel that is approximately 100 ft. from Strausser.

Ms. Conaway asked why the board doesn’t go with the straight line to the south that was proposed by RPC.

Mr. Conley stated that it would not make sense because of Earth & Wood’s driveway and Mr. Heiser’s operation is right next door where there is a pond and a gas line and the Earth & Wood office building. Mr. Conley stated that he does not know why RPC would want to cut this out because nothing could be built on top of the pond or close to the gas line.

Mr. Napier asked Mr. Conley if he is willing to modify the eastern portion as discussed where the western part remains part of the request and the eastern line is moved 200 ft. to the west.

Mr. Conley stated in reference to exhibit "C-1", #20 would be included, 19A would be excluded, and the black line that is to the east of #19 would be moved 200 ft. to the west.

Mr. Napier stated yes and asked Mr. Conley if he is willing to make the modification.

Mr. Conley stated yes.

Mr. Napier stated that the board would go off record for five minutes so Mr. Conley could get with the applicants to discuss the modification.

The board went back on record.

Mr. Conley stated that he has colored the modification on exhibit "C-1" with a yellow highlighter, which is #18, a portion of #19 and all of #20. Mr. Conley stated that what he perceives to be a consensus of the board is a strong desire to protect #13 and #14 and they would agree that the eastern boundary of the tract as indicated in yellow would be moved 200 ft. to the west and then go along the southern boundary of #20 and the northern boundary of #9 and #12. Mr. Conley stated that he is not sure he described this very well so he would describe it again.

Mr. Conley stated the modification would be all of #18, none of 19A, and they would request that a good chuck of 19 be left in the zone change except for starting with the southwest corner of #20 going in 200 ft. to the west straight down all the way to the southern boundary line of 19A.

Mr. Conley stated that the area on exhibit "C-1" that is marked with blue X’s is the areas that would be removed from the original request.

Mr. Napier stated to be clear, a 200-ft. buffer would be provided for #13, #14 and 15 although they do not technically go against the black line, and #16 and 17 would have a 200-ft. buffer.

Mr. Conley stated that this is correct. #13 would also have a buffer to the south because 19A has been deleted from the request.

Mr. Napier stated that they have been referring to exhibit "C-1".

Mr. Conley stated that the board could officially consider the application to be amended as discussed and marked on exhibit "C-1".

Ms. Conaway made a motion to vote on amendment #512-02 as amended and discussed.

Ms. Magyaros seconded the motion.

The vote was: Ms. Magyaros-yes, Mr. Bauder-no, Ms. Conaway-yes, and Mr. Napier-yes.

Ms. Conaway made a motion to adjourn the meeting.

Ms. Bauder seconded the motion.

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

Respectfully submitted,

Joni Poindexter
Zoning Data Coordinator
Clerk/Secretary