Members present:
David Benner
Donna Conaway
Stephen Bergman
Nancy Detwiler
James Conley
Zoning Inspector:
Joni Poindexter
Zoning Data Coordinator:
Andrea Paumier
Absent member: James Bauder
Amendment – 563-07
Dee Baucam Issow, 7205 Celina St. NW,
Massillon, OH 44646, agent for property owner Racar Properties LLC, 6233
Margate Cir NW, Canton, OH 44718, proposes to rezone R-4 (Multi-family
Residential District) to B-3 (Commercial Business District). Property located
at: 7282 Portage St. NW, parcel no. 1620594& 1620595. Sect. 16NW, Jackson
Twp.
Mr. Benner read the file application and contents of the file including but not limited to: A copy of the notice and list of adjoining property owners that were mailed notices regarding the rezone request. A copy of the legal ad in the Canton Repository, a dated photo showing the sign, and location of the sign, which has been posted on the property stating the property is being requested to be rezoned, a letter from the property owner giving permission to request the rezoning of the property, a map and legal description of the property requested to be rezoned, and the rezoning application and Stark County Regional Planning Commission’s recommendation.
Mr. Benner read the definition of the R-4 zoning district located on page 40 of the zoning resolution book and the definition of the B-3 zoning district located on page 61 of the zoning resolution book.
Dee Issow, 7205 Celina St. stated that she grew up in Massillion, OH and moved to New York city in the mid 70’s. She came back to Massillon about 10 years ago with her husband. Her and her husband discovered the art of stone sculpture business. She stated that her husband passed away about a year ago and she wasn’t sure what to do with his stone sculpture business. A good friend of his, Donovan Lloyd and herself continued her late husbands business. They work with Amish barn and sand stone. The sculptures are hand carved for garden art.
Ms. Issow stated that her and Mr. Lloyd currently have a place of business but found out about this property which could allow them to show case the sculptures in a green space. They are really interested in developing a park-like setting in which to display the work. The building on the property is a Sears and Roebuck historical building. On top of the fact that this is a perfect place to move their art business, the idea of being able to take a piece of history and renovate it is very interesting. Renovating the historical building and creating a display for art would make this area much more beautiful then an office building. Ms. Issow stated that she understands the buffer between the residential and business district. The plan is to make an art haven/art studio on the first floor with the art work show cased outside in a park-like setting. We have talked to the adjoining property owners, one who owns Cookies and Cream about placing a bridge connect the two properties so people could walk around and enjoy both the ice cream and the art work. We have a very close relationship with Rohr’s Nursery. Before we had our own space Rohr’s Nursery sold my late husbands work.
Mr. Bergman asked if Ms. Issow and Mr. Lloyd consider themselves professionals at stone carving.
Ms. Issow stated that they consider themselves artist at stone carving, it is a business though.
Mr. Bergman stated that the reason he asked that is because he is trying to find a “loop hole”. His biggest concern isn’t what Ms. Issow wants to do with the property. A B-3 zoning allows for gas stations and retail big-box stores could go in without the Board, Trustees, or Township being about to stop it.
Ms. Issow stated that she considers this to be a long term investment and property. She is looking for a retirement career. Financially this is an investment one way or another.
Ms. Issow stated that she doesn’t want to see a big box retail store there either. She lives in the same area as the property in question. The neighbors didn’t like the fact of the group home that used to be on this property. Mr. Lloyd is a minority owner currently. Eventually he will take over the business and we wanted to find the correct zoning where Mr. Lloyd could live on the same property that the sculptures are being displayed on. She stated that she is unsure if there is a better rezoning choice that could eliminate big box retail from going on this property.
Rob Hankins, president and CEO of Arts In Stark, stated that he went to see the site a couple months ago and was very excited. If they were in another city, they would be encouraging these people to apply for an Artist, live, work zoning request. In California they have created a whole district where artist could live and work. We are encouraging all the cities in Stark County to have an Arts and Entertainment strategy. This is the first artist Mr. Hankins heard about in Jackson Township who wanted to create an arts business but also who wanted to live and work in that site.
Mary Maldonado with Remax Reality, stated that a B-2 would be a lesser of a commercial. Ms. Maldonado asked if a B-1 with a conditional use would be better.
Mr. Bergman stated he is wondering if a rezone of B-1 or B-2 would be better as well.
Ms. Maldonado asked if it were a possibility to change the rezone request after the applicant has already applied and advertised for a B-3 rezone.
Ms. Poindexter stated that an application can always be modified. With the B-2 rezone, outdoor displays are not permitted.
Ms. Maldonado stated that the sculptures would be landscaping.
Ms. Poindexter stated that if it were landscaping and the sculptures would not be sold on the property. With the B-3 zoning a commercial building could be built to the size that fits the lot. Under the B-2 zoning, the commercial building would be limited to a 7,500 sq. ft. building. Also, the board can not base their decision on the use of the property.
Ms. Maldonado stated that on Lorraine Ave. there are very nice homes in the back and the whole front part of Portage needs great improvement. She stated she does not believe that holding onto the mulit-family zoning is the best advantage for Jackson Township. When driving down Portage, it is not a pretty view.
Donovan Lloyd, resident sculpture and the studio manager at Sculptures N Stone.
Mr. Lloyd stated that Ms. Issow already mentioned that this is a historic house that they would like to keep and maintain. If there could be anything placed on the books that could make this a permanent historic property, not only for our rezone request but for the community as well. We are doing this for the community, making it a prettier place and somewhere residents could come “hang-out”, to see art, to learn about art and to grow in our community. This is a personal business, a legacy for his friend Rock N Rob and a continuation of all the work that he has done.
Dan Geiger, owner of Jackson Collision Center.
Mr. Geiger stated that since Sculptures N Stone moved into his place they have beautified it. I do not get letters from the Township anymore, the place is extremely nice, and they have done nothing but upgraded the property. The property in question for rezone surely leaves a lot to be desired. Anything that is in the betterment of our community, we need to dwell on this long and hard. I believe Sculptures N Stone will go into this location, put their heart and souls into it and make it a better place for our community. Nobody was in favor of Rohr’s going in next door, but they have definitely helped their community and made things look better. These are people of the community trying to out stretch something in the community, and make something better for the rest of us. Selling stones sure is not any big profit; it is something that you have to want to do. The Township does not need another group home, duplex, or apartment building. The group home brought some pretty “unattractive” and strange individuals who walked up and down Portage for a long time.
Mr. Benner asked if anyone would like to speak in favor.
Mr. Benner asked if anyone would like to
speak in opposition.
Patty Felder, 7375 Klingston stated that
she is one of the residents the previous speakers have been mentioning.
She has been a resident for 34 years. She moved in when it was known as
Frances Acres Allotment. Creative ideas are nice, but that does not mean
they belong in certain places, there may be other places for them that
would be much better. Her property values are a concern for her and she
believes there is enough business in that area. This should be a residential
area, that is what it is zoned for; she thinks that it is attractive with
houses. The group home never was a problem for her. She believes that was
an important thing that was done to help and assist some residents that
do not have as many capabilities as the rest of us to fit into life as
easily. Yes, there were some people that were not dressed like you or I,
that would sit out on the porch of the group home or walk, but they deserved
a chance to like and excel the best that they could. She never saw that
as blight, as some of the other speakers have mentioned. She thought it
was an asset that we had a caring heart, which we were willing to take
care of others who may have been rejected by other communities.
Ms. Felder stated that her concerns are her property value, the noise level, and the trucks moving in and out of that area. There is already heavy traffic in that area. There is property already zoned for B-3 in this area, which is between the Jackson Collision Center and Circle K. 7.8 acres. She does not see why there could not be some consideration to develop something in that area for Sculptures N Stones. She believes this area should be reserved for residential and not for business.
Ms. Issow stated she wanted to address the concerns of Ms Felder. What they do is hand carved sculptures. The most noise there would be is tapping of stone and the occasional drill to put a whole in the sculpture, that is the extend of any of equipment that will be used. A home work shop would generate just as much noise. As for the truck shipments, we get two maybe three shipments a year and our plan is to put an area right beside Portage for the trucks to stop, it would not be anywhere near the residential homes. Customers that have purchased sculptures from us have signed a petition to show their support in this relocated of our business.
Ms. Issow asked Ms. Felder if she was aware that the group home housed sexual predators. There is a church located in the same area with children and the ice cream parlor with children as well. The home was a great concern to the neighborhood.
Mr. Geiger stated that at 1.9 million dollars for the property between the Jackson Collision Center and Circle K, he does not have that kind of money lying around. Why should they deprive someone else of living the American dream just because they can not afford 1.9 million dollars? If a business property lowers the cost of the housing around you, he wishes more business would move into his neighborhood because he is tired of paying $5,600 every six months for property taxes.
Ms. Detwiler stated that she believes this
business fits into this area with Rohr’s across the street but her concern
would be, if for any reason, the business could be sold and anything could
go in there.
Mr. Benner stated that they could discuss
that matter within the Board members and asked if anyone had any questions
for the applicant.
Ms. Conaway asked if the applicant looked
into this property as being a historic site. She is asking because to her
that would be a major step in if the Board would approve this as
B-3. If that is on the historic registry, that would limit to the land
use in the future.
Ms. Issow stated that is her intention.
Sears Roebuck and Company now has a funding where they help people who
want to bring their homes back. She has looked up several people on HG
TV, they have restore America and rezoned America. There are all types
of funding out there to restore the home.
Mr. Bergman asked Ms. Conaway if she knew if this were to be defined as a historic home, would the property then be protected from being destroyed.
Ms. Conaway stated yes the property would be protected.
Ms. Issow stated that she has an aunt, who has restored homes her entire life and she is going to come help her restore this historic home and property if the rezone is granted.
Mr. Conaway stated the home in itself would be part of the artwork.
Ms. Issow stated yes.
Mr. Bergman stated he has a question for Mr. Hankins. He is terribly intrigued by this art district possibility. What obstacles would a community have to over come to have an art district.
Mr. Hankins stated that Mark Cain bought a building in downtown canton for $50,000 about eight weeks ago. He turned that building into five artist studios downstairs and four artist apartments upstairs. It is so successful that he now has a waiting list of eight artists that hope he will do a seconded building. As far as he knows there is not a city in Stark County that has artist, live, work zoning. So when he contacted the zoning department several months ago they were very helpful but he did not expect what Long Beach California and other cities did because it is illegal in most places for logical reasons, to live and work in the same place.
Mr. Benner stated that it is not necessarily illegal. You can have a business in your home if the people living in that residence are the only people responsible for the business.
Mr. Hankins stated that most of the cities in America, when artists started taking over warehouses in downtown areas, they created an Arts district. He stated he hopes that Jackson Township has a zoning that applies to creative people who want to do things such like this.
Ms. Conaway stated that we don’t and we
should.
Mr. Benner closed to public input.
Mr. Benner asked Ms. Poindexter if the Canal Park district was considered when deciding which district to ask for the rezone. The description sounds reasonability close. Page 62 of the zoning resolution book states: This district is established to preserve and protest of the traditional character of the Ohio-Erie Canal Corridor which is characterized by 1) natural open space, 2) support of commercial activated which accommodate visitors and which are consistent with the character of the corridor, and 3) the maintenance of the rustic and rural look of the area with small buildings, natural development and existing landscaping preservation of existing landscaping. Single family dwellings are permitted as well as displays.
Ms. Poindexter stated that she thinks that is for the land and property located around the Erie Canal.
Mr. Bergman stated that it is not defined that way.
Ms. Poindexter stated that an applicant can ask for any rezone, anywhere.
Ms. Conaway stated that this definition does fit with the requested use of the land.
Mr. Benner stated that he believes that there is enough business districts in this Township.
Ms. Conaway stated that she loves the idea and agrees that Jackson Township needs more art and culture in the area.
Mr. Bergman stated that if the Canal park district could be use to get around it,
Mr. Benner stated that it isn’t so much to get around it, the definition fits for the request of the land.
Mr. Bergman stated yes it does fit.
Mr. Conley asked where in the Resolution book does it define what can go there.
Mr. Benner stated on page 62 reads the definition and page 63 lists the permitted uses.
Mr. Benner stated that he thinks that the Canal Park district is more reasonable then the request for B-3.
Mr. Bergman stated he agrees.
Ms. Conaway stated she agrees as well.
Ms. Poindexter stated that she is unsure if the Board can modify the requested B-3 rezone to the C-P district. They can modify to a less intense use which usually goes down from the B-3 to B-2 or B-1. She is unsure where the C-P district falls. If the applicant ask for a I-1 rezone it can be modified to a B-3, B-2, or B-1. If the applicant asked for a B-1, it can not be modified to a B-2, B-3 or I-1.
Mr. Benner asked Ms. Poindexter if he was correct in saying that she is unsure if the C-P district is less intense.
Mr. Poindexter stated that she thinks it would be but isn’t sure.
Mr. Bergman stated that he thinks it is less intense.
Mr. Benner stated it would be up to the applicant whether the request is changed from a B-3 rezone to a C-P rezone.
Ms. Poindexter stated that when you give your recommendation to the Trustees, they either adopt the recommendation or deny it. The Trustees can modify the rezone request also.
Mr. Conely stated that he is in favor of it but he does not know how the Board handles it from here. Doesn’t the applicant have to reapply because the sign on the property stated that the rezone request was for a B-3 district.
Ms. Poindexter stated that the definition of C-P does state that this is for preservation and protection of the traditional character of the Ohio Erie Canal Corridor. Then it goes on to say that support commercial activates which accommodate visitors in which are consistent with the character or the corridor. She is unsure if this refers to any other area.
Mr. Bergman stated that he recommends that the Board approves it as a C-P, which looking at the proposed uses of the land, fits the uses. The C-P district is less intense then a B-3 looking the definitions and charts in the Resolution book. With the suggestion that if the rezone is “thrown back at us”, that the Board seriously considers creating regulations for an Arts district. If the C-P district can be used as an Arts district in this particular area, then I think the Board has created something that can really be followed up on.
Ms. Poindexter suggested a continuation until a legal opinion is obtained as to whether it can be modified from B-3 to C-P district.
Mr. Benner stated that in his years of business he has found it much easier to get forgiveness then to get permission.
Ms. Issow stated that she agrees to modify her request from the B-3 district to C-P district.
Mr. Conely stated that he is surprised that the Board can modify the request. If Ms. Issow asked to consider for I-1, and without any notice to the public the Board said yes.
Mr. Bergman stated that can not happen. That is a more intensive use.
Mr. Conely stated that if he were correct in saying that the Board can modify the request because it is a less intensive use.
Mr. Benner stated that is how he understands it.
Mr. Conely stated if he were correct in saying that any applicant coming before this Board can ask for a modification if it is a less intensive use then what originally being applied for.
Mr. Benner stated that is correct and this Board has done such modifications before.
Ms. Conaway made a motion to adopt the modification for this zoning request to C-P, Canal Park land.
Mr. Bergman seconded the motion.
All were in favor.
Mr. Bergman made a motion to accept the zoning request from R-4 to C-P.
Mr. Conley seconded the motion.
The vote was: Mr. Conley – Yes, Ms. Detwiler – Yes, Mr. Bergman – Yes, Ms. Conaway – Yes, and Mr. Benner – Yes.
Mr. Benner stated that August 27, 2007 is when the Trustees will schedule a public hearing and the applicant will be notified at that time. This is just only a recommendation.
Ms. Conaway made a motion to adjourn
Mr. Bergman seconded the motion.
All was in favor.
Respectfully submitted,
Andrea Paumier
Zoning Data Coordinator