Members present:                                                                Aletha Magyaros
                                                                                                Donna Conaway
                                                                                                David Benner - Recused
                                                                                                James Bauder
                                                                                                Stephen Bergman
Alternate member:                                                                Nancy Detwiler

Zoning Inspector:                                                                  Joni Poindexter
Zoning Coordinator:                                                              Lori Foutz

David Benner removed himself from the vote due to conflict of interest with the builder.  Nancy Detwiler will be a voting member for the amendment.

AMENDMENT #548-05 – Beatty Group, 7694 Strausser St NW, North Canton OH  44720, property owner, proposes to rezone from R-R (Rural Residential District) to R-1 (Single Family Low Density Residential District) parcel 16-14030 and 16-09640 which consists of approximately 17.728 acres.  Property location is north side of Beatty St, approx. 1,178 ft. west of Amherst Rd, Sect. 20 SW Jackson Twp.

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 tract proposed for rezoning is in an area of the township that was fairly rural in character until the last few years, when the township rezoned approximately 10 acres to R-3 for multifamily condominiums and 21 acres to R-1 for single family homes in 2002.  The majority of the lots in the single family subdivision on the east side of Amherst were developed under the R-R zonings, as well as the single family condominium development as the southwest corner of Fulton and Amherst.
2. The only difference in the R-R and R-1 districts in Jackson Township is the lot area square footage, width and rear yard depth.  Approximately two units per acre would be permitted in the R-R district and approximately three units per acre in a R-1 district.  Due to the smaller lot size, the availability of sewer is desirable for an R-1 district.
3. A preliminary plat, which proposes 41 lots varying in size from approximately 13,550 to 22,500 square feet, is currently under review for Scotsbury Highlands.  The extension of public streets and sanitary sewers are planned.
4. The extension of the proposed R-1 district should not have a detrimental effect on the surrounding area.

Fred Tobin, 7964 Strausser St, NW, North Canton, OH 44720 will be speaking on behalf of the Beatty Group.  Mr. Tobin passed out a packet of information to all board members, and he also used a visual aide to help illustrate his presentation.  One side is a map showing the layout of the 41 lots if the R-1 is approved.  The other side is a continuation of the R-1 that is in the Scotsbury area right now, showing the houses still in construction.  There are 21 out of 43 homes sold. They are proposing to extend this.  Some of the lots are as large as 22,000 square feet.  They have kept the Scotsbury theme and the R-3 condominiums are on the other side.  He feels it is a natural zoning continuation.  The streets are already in the R-1 district.  They will extend them for the new project.  The packet of information he passed out shows exactly what they are proposing.

Mr. Bergman asked what the cost of the homes would be.

Mr. Tobin stated that they are currently $275,000.  Mr. Tobin stated that there will probably be a 5% increase next year due to the rising prices of gas and products.  Next year the price of a home will probably be over $300,000.

Mr. Bauder asked about the intersection at Beatty and Blatter Street, and if there had been any discussion on improvements.

Mr. Tobin answered that he does not know and cannot answer.

Ms. Magyaros read a letter submitted from Tim Gesaman, who was not able to attend the meeting but had two concerns with the rezone.  His first concern involves the proposed ingress and egress of Ballater Avenue on to Beatty Street.  The hill on Beatty Street drastically limits the site distance for traffic entering on to or exiting Ballater Street.  The area of Beatty, Amherst and now Ballater is dangerous enough without adding the additional traffic without some corrective action being taken.

Mr. Tobin stated that they have done a sight distance evaluation and it does meet the county requirements.  Which is why the street comes out the way it does.

His second concern involves the storm run off generated by this property.  The increased density in housing will surely compound the drainage problems.  Currently there is a portion of this farm that drains through his property and he fears the increased density will cause flooding problems.

Mr. Tobin stated they currently have 3 storm water retention basins in their plans and will be adding a few more.  The storm water requirements are tougher now then ever before.

Mr. Bergman asked Mr. Tobin if they did any type of analysis as an R-R district, and if he knew how many lots there would be as an R-R.  Mr. Bergman stated that he just did a rough estimate and he came up with 34.

Mr. Tobin stated that they did not.   They did a mix of both, however, it did not make much sense.  He does not know exactly how many lots it would be as an R-R district.

Mr. Donald Lebo, 5086 Revere Avenue, spoke in opposition of the application.  He lives in a farm house and has 11 acres of land that connects to this property.  Right now most of his land is flat and he has no water problems.  Mr. Lebo questioned why a street was put in a specific area.

Mr. Nathan Paige, Hammontree & Associates, 349 Edgewood St, stated the sub street is required.  The Stark County Regional Planning Commission has a requirement when putting in a development they must provide a sub street to all non platted lots.  They added two sub streets to this division.

Mr. Lebo submitted two pictures of his property.  Ms. Magyaros marked the first picture as Exhibit 1.  This shows the east side of his property and the slopes in his backyard.  The next one was marked as Exhibit 2, showing the west side of his property which is a developed field.

Ms. Conaway asked Mr. Lebo what he currently does with his property.

Mr. Lebo stated that it is a farm and he grows soybeans on the developed property.

Mr. Lebo asked if any board members have driven by the property.

Ms. Magyaros and Mr. Bergman stated they both drove by the property.  Ms. Magyaros stated that she did not see a sign posted on the property stating the proposed rezone.

Mr. Lebo referred to the Jackson Township Newsletter concerning the plan of Jackson Township in the next 20 years.  The newsletter states that 65% of the township is already developed.  He feels it will not take 20 years to fill it up if it keeps going as it is.  Under the section of natural resources, the information provided in the newsletter states as part of the comprehensive plan is to manage the storm water under all existing sites.  Mr. Lebo stated that he does not see how 41 houses, on 17 acres with little green space, they will control water off his property.  Mr. Lebo stated that the Regional Planning Commission has recommended approval, and he feels they should put it under consideration, not approval.  He also does not agree with their statement about not being detrimental to the surrounding area.   Mr. Lebo stated it will be detrimental to the surrounding property to the west, maybe not to the east.  Mr. Lebo asked if this is a low density district, what is a high density district?

Mr. Bergman answered R-3 or R-4 which are multi family districts, like condo’s, duplexes, and apartment buildings.

Mr. Lebo stated he added up all the lots and he came up with 632, 071 square feet.  He would like to see this property broke down into acre lots with some bigger houses.  He is asking the board to keep it zoned as an R-R district, with 20,000 sq. ft. lots with 31 homes.  He already has problems with kids on his property and this will increase the problem.  He also wants it on record that he has a concern about the water running down the hill and on his property.

Mrs. Lindsey Null (Valentine), 8955 Beatty Street also spoke in opposition of the application.  Mrs. Null stated that her home is at the bottom of the hill.  There is a hill on Beatty and you can not see traffic until you are there.  Mrs. Null stated she is concerned because no one does the speed limit on this street.  She also stated that she currently has septic, and asked if anyone knew if when they bring in sewer and water,  if she would be forced to take sewer?

Mr. Tobin answered that it would be her choice if she wanted to change from septic to sewer.

Mrs. Null stated that she had a contractor look at the plans and he feels the water detention basins are worthless.  She asked if Joe Underwood has reviewed the plans.  Also, when she bought the house they were told due to a historical house on the hill that no one could build on that property.  She is concerned about property taxes going up and questioned Mr. Tobin and Mr. Paige what their hardship would be if they keep the land zoned as R-R.

Mr. Tobin stated that they have not sent the plans to Joe Underwood yet.  They are not that far in the process.  Mr. Tobin stated that their hardship would be the cost of the land.

Mrs. Null stated she is very concerned about the additional traffic in her neighborhood and she does not want it to go in as an R-1 or an R-R.

Ms. Magyaros explained that it is already zoned an R-R.  In an R-R district they are permitted to build the subdivision, with a minimum lot size of 20,000 sq. ft. per house.  They are proposing to rezone as an R-1 district that allows a smaller lot size.

Mrs. Null stated she wants a promise that they will control the water.

Ms. Magyaros stated that her understanding is the water concerns are the counties responsibility.

Mrs. Null asked for a name at the county to contact with concerns.

Ms. Magyaros suggested she contact Stark County Regional Planning Commission for drainage concerns.

Mr. Bauder suggested she call Gary Connors.

Mr. Bergman asked Mr. Tobin and Mr. Paige if they submitted their drainage plans and storm sewers for the proposed allotment to the county?

Mr. Tobin stated that they are not that far yet.  They have not submitted their plans for approval yet.  Mr. Tobin stated that the county has to approve everything they do with the subdivision.  You put the same number of streets in whether putting in 31 or 41 houses.

Mr. Paige stated that typically in a development you take the front yards and the downspouts from the homes and tie them into the storm system.  They are going to try and collect all of this water in the main storm system.

Mrs. Null stated that her house is appraised for $110,000 and what will her house look like next to $275,000.  How can she sell her house for $275,000.

Ms. Magyaros stated that she doesn’t necessarily think it will be a detriment to her property.

Mr. Lebo stated that he feels the difference between 31 and 41 homes in a subdivision is it will give more green space for water drainage.

No one else in the audience spoke in opposition of the application.

Mr. Bergman stated he doesn’t feel they are changing the slope of the land.  He is familiar and concerned with the road conditions, however, that is not a zoning aspect.  He stated that the slope has been towards Mr. Lebo for a long time.  He suggested to Mr. Lebo that he contact Gary Connors, Stark County Engineer, about his water concerns.    He is concerned for Mr. Lebo and his livelihood.  He would like to see more affordable housing, but not sure how to fix that.

Ms. Conaway stated that she believes Gary Connors will take care of the water concerns and water problems.  She doesn’t feel it will be a major problem, but understands their concern.  As far as additional traffic and the street used as a cut through, Ms. Conaway stated that she thinks that is a problem no matter where you live.  She doesn’t feel the addition of this subdivision is a factor.

Ms. Detwiler asked if there was a specific reason for the price range of homes in this subdivision.  She realizes for the builder it is an advantage.

Mr. Tobin stated that the average price is $275.000 and house prices keep rising.  He feels if they keep the R-R it might dictate the size of the home due to the price.  He feels the smaller lot size is more affordable.  Mr. Tobin stated that he would like to be able to build houses for $140,000, but because of the price of the land and products that is not possible. This development will be built to a 100 year storm and will be very stringent.  They have to get Mr. Connor’s and Mr. Underwood’s approval before they can go forward with this development.

Ms. Magyaros stated that if this property is rezoned, it would be incompliance with the comprehensive plan.  As far as the sight distance evaluation and drainage issues, those are issues for the county.  They have the expertise to deal with these problems or concerns.  She also feels the request to rezone to an R-1 is consistent with what is going on in that area.

Mr. Detwiler asked if they have a special provision on how much green space they keep for drainage or how many trees on a lot.

Mr. Tobin stated that there is no open space requirement for the subdivision.  There are no restrictions on how many trees per lot.

Mr. Bauder asked if the historical house could be moved.

Mr. Tobin stated that the historical house is not on this property.

Ms. Conway made a motion to vote on amendment #548-05.

Mr. Bauder seconded the motion.

The vote was:  Ms. Detwiler–no, Mr. Bergman–no, Mr. Bauder–yes, Ms. Conaway–yes, Ms. Magyaros–yes.

Ms. Magyaros stated that this will go as a recommendation of approval for the amendment change.  It is tentatively set to go in front of the Board of Trustees on November 14.  Notices will be sent out to adjoining property owners to confirm the date.

Respectfully submitted,

Lori Foutz
Zoning Coordinator