Members present:
Aletha Magyaros
Donna Conaway
David Benner
James Bauder
Stephen Bergman
Alternate member:
Nancy Detwiler
Zoning Inspector:
Joni Poindexter
Zoning Coordinator:
Lori Foutz
AMENDMENT #551-06 – Jackson Township Zoning Commission, 5735 Wales Avenue, NW, Massillon, OH 44646, applicant, propose miscellaneous text changes to the zoning resolution including, but not limited to, definitions, residential, commercial, signs, and adding language for a research and technology district and a parks and recreations district.
Ms. Magyaros read into file the recommendation for approval from Stark County Regional Planning Commission with the understanding that the township’s legal counsel has reviewed for legal sufficiency. The following facts were considered by the Commission in its decision.
1. Two new districts are being proposed
for the township’s zoning resolution. The first district, Parks and
Recreation District is “to provide for the permanent preservation of areas
of land to remain closer to its natural state, protect significant natural
features and effectively prevent land from over development.”
2. Permitted uses proposed for the Parks
and Recreation District, will include: parks, playgrounds, golf courses,
basketball, volley ball or tennis courts, garden or botanical centers,
fishing, athletic fields, horseshoe pits, picnic facilities, skate parks,
wilderness or open space areas, nature trails, pedestrian or bicycle paths
and swimming pools.
3. Some of the objectives of this proposed
district may be similar to or duplicate those of the existing O-S Open
Space District.
4. The R-T Research and Technology District
is the other new district being proposed, the purpose of which is “to create
an environment to accommodate and promote the establishment and expansion
of business in the field of advanced research, technology, product development,
product assembly and protyping, along with facilities which provide goods
and services in connection with such uses. It is the intent of the
R-T Campus District to provide an environment conducive to the development
of such facilities and this district shall be utilized as part of an overall
regional economic development strategy to protect public health and general
welfare in accordance with the current comprehensive land use plan.
To achieve maximum regional economic impact, the township specifically
encourages the location and expansion of businesses in the fields of power
and propulsion; bioscience, advanced materials; information technology;
instruments; controls; electronics and similar activities. The R-T
Campus District shall provide sites, in a park-like setting, that will
buffer adjacent less intense land uses
5. Jackson Township adopted a new comprehensive
plan in April 2006. One of the goals is “to encourage development
in the high-tech, research and development, and professional service sectors;
and to provide sufficient areas to sustain existing industrial development
and expand it.” The strategies outlined to accomplish this include:
creating a new zoning district, establishing a high-tech corridor, and
working with the Chamber of Commerce, Stark State, CIC, Port Authority,
Foreign Trade Zone, and the Akron-Canton Airport.
6. The schedule of permitted uses proposed
for the R-T Campus District include: colleges and technical schools;
data processing and computer centers; laser technology applications; medical
and bio-safety laboratories; office buildings, which are normally necessary
and incidental to research and technology activities; processing and assembling;
public maintenance, safety and service facilities; research technology,
prototyping and product testing, design and development; and wireless telecommunications
towers.
7. An amendment proposing an R-T Research
and Technology District was reviewed last year, but withdrawn by township
officials after opposition from township residents. The current amendment
under consideration is similar to the previous amendment, with several
exceptions: minimum lot or project area increased from 20,000 square
feet to 2 acres; maximum building height is limited to 45 feet, compared
to 80 feet previously; and permitted uses are more restricted to research,
product and engineering and development in sciences.
8. The proposed amendment also establishes
requirements for minimum lot area, frontage, building and parking setbacks,
maximum height and landscaping for the R-T District that matches existing
requirements in the B-3 and I-1 districts. Accessory uses, such as,
restaurants, day care, and recreation facilities, may be permitted for
employee convenience.
9. Many of the proposed changes are to
clarify existing regulations and add definitions for terms not currently
defined. Extensive modifications are proposed for Congregate Living
Developments, including, increasing the minimum lot area to 5 acres.
Ms. Magyaros stated for the record there was no one present in the audience. She asked if any board member had any comments concerning the proposed regulations.
There were no comments from any board members.
Ms. Poindexter stated she had two possible revisions. The first revision is under Section 431.6 (F2), Congregate Living Development. She would like to add 25 ft. to a project boundary that abuts any other district. This would include a commercial district, and they have only referenced residential districts.
All board members agreed to add language to include all other districts.
Ms. Poindexter stated the second request was a suggestion she received to change the language for a temporary sign. To change from 15 days 4 times a year, to 60 days a year and allow the business to decide how long they want the sign. They could choose from 7 days at a time to all 60 days at once.
The board all agreed to keep the language the way they originally wrote it.
Mr. Bauder made a motion to vote on amendment #551-06.
Mr. Bergman seconded the motion.
All board members were in favor.
Ms. Magyaros stated this will go as a recommendation of approval to the Trustees. The Board of Trustees will hear the amendment on June 12, 2006.
AMENDMENT #550-06 – Patrick & Linda Casey, 6649 Wales Avenue NW, Massillon, OH 44646, property owners, Christopher Scala, 5561 Fox Tail Circle, Canton, OH 44718, applicant, proposes to rezone from R-R (Rural Residential District) to B-3 (Commercial Business District) 2.85 acres, more or less. Property location is 6499 Wales Ave NW, Sect. 16NE Jackson Twp.
Ms. Magyaros read into file the recommendation for approval with a modification from Stark County Regional Planning Commission. The following facts were considered by the Commission in its decision.
1. The tract proposed for rezoning is the
site of a single family home and garage on the edge of an extensively developed
residential area, located south of the intersection of Wales Avenue (SR241)
and Portage Street.
2. This acreage was part of a larger tract
considered for rezoning in 2003, which was recommended for denial by the
RPC due to concerns of capability, and the existing ditch/stream which
created a natural buffer. However, the township rezoned the rear
300 feet of the property to B-3 Commercial Business District to allow an
existing business along Portage to expand onto its property. The
subdivision and combination of these tracts were recently completed.
3. The existing B-3 district extends north
to Strausser Street, along both sides of Wales and west to Lorraine, along
Portage. While RPC recommended denial of, or modifications to, previous
zoning amendments in this area, the township has rezoned an extensive area
on the east side of Wales to B-3, extending the commercial zoning district
further south into the residential area.
4. Some of the permitted and conditionally
permitted uses in the proposed B-3 district, such as gas stations, wholesale
outlets, vehicle sales and mini storage, could have a detrimental effect
on the existing residential uses. A less intensive business district
could provide a buffer from the more intensive uses along Portage and protection
to the single family residences. The B-2 Neighborhood Business District
allows some of the same uses as the proposed B-3 District; however, approval
of the Board of Appeals is required for some uses, which could also afford
additional protection to the surrounding residential neighborhoods.
5. The business district should not be
encouraged to extend further south of this tract, which is consistent with
the recently adopted Jackson Township Comprehensive Plan. If township
officials want to consider additional zone changes in this area, they should
consider a comprehensive rezoning plan based on existing uses and future
development needs.
Mr. Chris Scala, 5561 Fox Tail Circle, spoke on behalf of the request. Mr. Scala stated the existing property is surrounded by B-3 on all three sides. He also asked the board to take into consideration the road widening with this intersection. This property is 300-400 ft. shy of where the road narrows down to two lines. The property across the street is zoned a B-3 and is owned by Akron General Hospital. The property directly behind this property was rezoned to a B-3. The next 2 adjoining properties are homes. The next three lots are owned by Bruno Ferrante, who currently lives out of state. There is a letter in the file from Mr. Ferrante supporting the rezone. Mr. Scala believes this is a gradual change of growth. He stated he currently does not have a plan for the property. He wanted a B-3 to tie it in to the surrounding areas.
Mr. Bergman stated the rezone to the B-3 on the property directly behind this property was done only because they made an exception to allow Casey’s furniture to expand. They did not want to create a full B-3 zoning area on that corner. Mr. Bergman asked what he is planning on doing with the property.
Mr. Scala stated he has several ideas for the property but he has no set plan as of yet. It is his understanding the commission would look at the property for a rezone and not the specific use. He doesn’t know why the surrounding property was zoned a B-3, but it is zoned a B-3 today and it is adjoining a residential district.
Mr. Bauder stated the reason it was approved was because they said they would not come back later and ask for the B-3. The same is true for the medical center approval. If they did not build there, they had to rezone back to residential. This should be changed back to residential.
Mr. Benner stated they gave a guarantee to home owners they would not build.
Ms. Vivian Cossentino, 6525 Wales Ave, NW, spoke concerning the rezone application. Ms. Cossentino stated she is not speaking in favor or opposition of the request. She feels if they want to rezone this piece of property, whether B-2 or B-3, they should just take the entire neighborhood or none of it. She has lived there 53 years and would like it to stay as is. She is not planning on selling her home to anyone.
Ms. Barb Kuhn, 6609 Wales Ave, NW, spoke concerning the rezone application. Her property abuts the rezone that was done in 2003, which she did not mind because it was part of Casey’s Furniture. Ms. Kuhn stated she also is not speaking in favor or opposition because she does not know what they are planning on using the land for. She would like to know what they are planning, and believes they have a game plan and are not telling them. She is concerned they will be blocked off because they are taking the property around them. She thinks since he bought across the street he would probably take it all. She agrees with Ms. Cossentino to take it all or nothing. They may be stuck with Mr. Scala or Mr. Ferrante making them an offer.
Mr. Leo Casey stated he was in front of the board 3 years ago for the B-3 rezone. He stated many things have changed since then. The road has been widened and you can hear the traffic outside very early in the morning. Mr. Scala asked him 10 years ago to sell and stated he would like to get the property zoned commercial. There used to be a steep slope with pine trees screening the property on the south side. Mr. Scala approached him and told him he would take the soil if he removed the trees and leveled out the property. Mr. Casey then planted new pine trees in this area.
Mr. Steve Hamrock, 6601 Wales Ave, NW, spoke concerning the application. He stated they have lived in their home for 12 years. They are concerned with Mr. Scala’s plans with the property because it will affect the value of their home. They do not want to be put in a situation of take it or leave it. The other comment he would like to make is it is his understanding that people should try and utilize the empty buildings already zoned for commercial and not continue to take residential space and turn into commercial use.
Mr. Scala pointed out to a few of the neighbors that spoke they are not adjoining this specific property. They are abutting the property that is owned by Bruno Ferrante and he does not know what Mr. Ferrante has planned for his property. Mr. Ferrante owns approximately a total of 5 acres. He stated there possibly could be some thought process down the road for additional zoning changes on his property. If they bring the B-3 across, possibly down the road these other neighbors may want to make a change. Mr. Scala stated he has talked to the property owner beside this property and he is not opposed to the rezone. Mr. Scala stated he believes this is the perfect place to break the B-3. The neighborhood is changing and there could be other requests in the future. On the south property line, there are one or two gas lines that will have easements, so he does not see development taking place too close to he property lines. This piece of property on a map is sitting by itself and he would like to square it off. After this point it would be a good place to start B-2 zoning. He does not have a specific plan for this piece of property at this time for the B-3 zone change.
Ms. Magyaros read into file the letter of support from Mr. Bruno Ferrante for the zone change to B-3.
Dominic Ferrante, brother of Bruno Ferrante spoke in support of the request. His brother is looking to come back to this area. He does have about 5 acres and recently purchased the house to the east. The opportunity for him to own land is a value. He does not have any plans for the land at this time.
Mr. Bauder asked if the driveway is on septic systems or sewer lines.
Mr. Hamrock stated they all have septic systems and wells.
Mr. Casey stated he was told when they did the road widening the sewer stops at the Medical Center and Circle K, and south to new allotment at Celina and Briarwood. He talked to one of the sanitary engineers. There are 10 houses affected. They would have to put in a pumping station and it would not be worth the cost. Mr. Scala’s property has a line running close to his property and he could hook off of it.
No one else in the audience spoke in favor or opposition of the request. Ms. Magyaros asked the board for their comments.
Mr. Bergman stated during the extensive review of the Comprehensive Plan they looked at the amount of business area already zoned and the amount of vacant business land already zoned. In addition, that area that is currently zoned B-3 is the stopping point heading south. Given the amount of time, effort and money the Township has spent developing the Comprehensive Business Plan he personally can not see eroding that plan within one month of the Trustees accepting it. There is plenty of business opportunity for companies to build in this township. They reviewed the areas that need to be developed and he sees no reason to approve this plan.
Mr. Bauder stated the B-3 area that was approved a few years ago was for their own good and against the boards better wishes. He also feels they should stay with the Comprehensive Plan. They are being asked to change zoning and they do not know what their plans are for the property. The board made the mistake of approving zoning across the street for the hospital, and now will need to work to change that back.
Mr. Benner stated he agrees with Mr. Bergman and Mr. Bauder. The B-3 zone change a few years ago was specifically for the Casey’s to extend their parking. The Comprehensive Plan looks at commercial development to the west not to the south. He stated he does not see a need for more commercial zoning changes.
Ms. Conaway stated she agrees with everything everyone has said. However, she could be swayed to go with a B-2. RPC’s recommendation was a B-2 and she would not be opposed to that because they have to start a step down somewhere.
Ms. Magyaros stated she does not feel they should piece zone a property. She agrees with the neighbor’s comments to rezone the entire neighborhood or not any of it. She believes they need to stay true to the Comprehensive Plan that was recently adopted by the Trustees. She is also worried about what type of business could go into a B-3 opposed to a B-2. She stated she is inclined to say no.
Mr. Bauder made a motion to deny amendment #550-06, clarifying a yes vote means you are denying the request.
Mr. Benner seconded the motion.
The vote was: Mr. Bergman–yes, Mr. Bauder–yes, Mr. Benner-yes, Ms. Conaway–yes, and Ms. Magyaros–yes.
Ms. Magyaros stated this will go as a recommendation of denial for the amendment change. The Board of Trustees will meet on June 12, 2006. Notices will be sent out to adjoining property owners to confirm meeting date and time.
AMENDMENT #552-06 – Larry & Joyce Teeple, 6135 Frank Avenue, NW, North Canton, OH 44720, property owners, Myron Puterbaugh, 5247 Sandy Circle NW, Canton, OH 44718, property owner and applicant, proposes to rezone from R-1 (Single Family Low Density Residential District) to R-2 (Two Family Residential District) parcels, 1628021, 1628022, 1628023. Property location is Frank Ave, NW, Sect. 14SE Jackson Township.
Ms. Magyaros read into file the recommendation for approval from Stark County Regional Planning Commission. The following facts were considered by the Commission in its decision.
1. The tracts proposed for rezoning are
in an area of mixed land uses, including commercial, single-family and
two-family residential and college campuses.
2. During the last 10-12 years, several
zone changes have been approved in this general area, including an extensive
area that was rezoned from two-family to single-family residential.
Also, during this period, the colleges and businesses in the area greatly
expanded.
3. The proposed extension of the R-2 district
should not have a detrimental effect on the area and would help buffer
the well-established single-family residential neighborhood west of these
tracts from the businesses and the colleges.
4. While the lot sizes are the same, the
only differences between the R-1 and R-2 districts are the rear yard depth
and the rear and side yard depths abutting an R-R or R-1 district.
Approximately three units per acre would be permitted in the R-1 district
and six units per acre in the R-2 district.
5. The proposed rezoning generally conforms
with the 2030 Comprehensive/Transportation Plan, which shows this area
to remain developed urban.
Mr. Myron Puterbaugh, 5247 Sandy Circle NW, Canton, OH 44718, spoke on behalf of the request. Mr. Puterbaugh stated he owns one lot and Mr. & Mrs. Teeple own the other two lots. This would be a continuation of R-2 along this street. He owns tract 1 and there currently is no building on this lot. He would like to rezone this to an R-2 to build a duplex. The Teeple’s also own the lot to the west, however, they would like to keep this zoned an R-R.
Mr. Bergman stated he thinks this change makes sense. The college area is expanding. On this strip of Frank Avenue, almost everything is a duplex. It is across the boundary of a commercial district, so it is almost a step down.
Mr. Bauder asked if he would consider having the entrance off of Eastlake instead of Frank Avenue.
Mr. Puterbaugh stated no, not at this time. The tract he owns is away from Eastlake. Mr. & Mrs. Teeple are not making any changes on their property.
Mr. Bergman asked if it is accessible to put a side road along Frank Avenue.
Mr. Puterbaugh stated he is looking at making a parallel drive along Frank.
Mr. Bauder asked what the Commission could do to ensure he does not have direct access on to Frank.
Ms. Magyaros stated there really is nothing the Commission could do.
Mr. Bergman stated they have direct access now.
Ms. Conaway stated she would like to see access from the back of the lot.
Mr. Puterbaugh stated the owners of the other two lots are not ready to make any changes. He is planning on making the access so they could pull out onto the street and do not have to back out on Frank Avenue.
Ms. Magyaros stated for the record that there is no one in the audience to speak in favor or opposition of the application.
Ms. Conaway made a motion to vote on amendment #552-06.
Mr. Benner seconded the motion.
The vote was: Mr. Bergman–yes, Mr. Bauder–yes, Mr. Benner-yes, Ms. Conaway–yes, and Ms. Magyaros–yes.
Ms. Magyaros stated this will go as a recommendation of approval for the amendment change. The Board of Trustees will meet on June 12, 2006. Notices will be sent out to adjoining property owners to confirm meeting date and time.
Respectfully submitted,
Lori Foutz
Zoning Coordinator