MINUTES

ZONING COMMISSION

TUESDAY, APRIL 20, 2010

7:00 P.M.

PRESENT:

 

ZC Members:             Edward Metzger, Chairman

                                                Regan Starkey, Vice Chairman

                                                Larry Marks, Secretary

                                                Jeff  Zucal, Member

                                                Brent Hunter, Member

 

ZC Alternates:                       Dale Riggenbach

                                                Robert Nelson

 

Zoning Inspector:                  Keith Lasure

Township Secretary:             Sharon Shaub

 

Trustees:                                Mike Lynch

                                                Allen Gress

 

Purpose:         The purpose of tonight’s hearing – Organizational Meeting and to                                         consider Regional Planning Commission’s recommendation for a                                          proposed zone change on five parcels of land on Ravenna Ave., NE,                                    Louisville, OH, Sec. 21, Nimishillen Township, Stark County, State of                                 Ohio, for a total of 24.0 acres to change from R-2 One & Two Family                                  Residential District and R-3 Low Density Multifamily Residential District                           to B-3 General Business District.

 

The Nimishillen Township Zoning Commission Board met April 20, 2010 at the Township Hall located at 4422 Maplegrove, NE, Louisville, Ohio.  2009 Chairman, Ed Metzger, opened the meeting at 7:00 PM.

 

ORGANIZATIONAL MEETING:

 

Election of officers for 2010:

 

Chairman: REGAN STARKEY MOTIONED TO NOMINATE ED METZGER AS CHAIRMAN SECONDED BY JEFF ZUCAL.  ALL WERE IN FAVOR.  MOTION CARRIED.

 

Vice Chairman: ED METZGER MOTIONED TO NOMINATE REGAN STARKEY AS VICE CHAIRMAN SECONDED BY JEFF ZUCAL.  ALL WERE IN FAVOR.  MOTION CARRIED.

 

Secretary:  REGAN STARKEY MOTIONED TO NOMINATE LARRY MARKS AS SECRETARY SECONDED BY ED METZGER.  ALL WERE IN FAVOR.  MOTION CARRIED.

 

2010, April 20 - Zoning Commission Minutes for Ravenna (SR44) Zone Change - Robert Pawley - Owner (Cont.)

 

 

Set Day & Time for meetings:

 

The Board agreed hearings would be held any Tuesday of the month, as warranted, at 7:00 PM.  All were in favor.

 

REGULAR MEETING:

 

Newly appointed Chairman, Ed Metzger, introduced the Board and other staff members present.  Trustee Gress did the mass swearing in of everyone in attendance of tonight’s hearing.

 

Hearing of tonight’s case:

 

Secretary, Larry Marks, read Regional Planning Commission’s recommendation, which was Denial.  (Copy of recommendation, maps & drawings attached)

 

·       Bob Pawley of 5444 Ravenna stepped to the podium and said he had nothing to say but would answer questions and said Mr. John Walsh, Engineer, GBC Design, Inc. could answer any technical questions.

 

·       John Walsh with GBC Design of 3378 W. Market, Akron said the purpose for the zone change is for a commercial development along SR44 towards SR62.  Mr. Pawley feels this would be an asset to the community and is not looking to sell the land but will lease it out to businesses.  Mr. Pawley lives on this land and at this time, nothing in particular is planned.

 

An access road across Brookside was discussed and possibly putting up a traffic light if traffic would become a problem.

 

Trustee Gress asked about water and sewage plans.  Mr. Pawley talked to the Stark County Health Department and was told the health department would approve it for a commercial septic of 1,000 gallons per day.  Mr. Pawley would be putting in his own water tower. 

 

·       Linda Pumneo of 7500 Brookside said she lives on the corner.  She said Mr. Pawley does live there but he lives way back and the businesses wouldn’t affect him.  She said putting in a strip business would cause a lot of traffic where she lives. 

 

Mr. Walsh said the project makes sense.  The natural flow of traffic already exists.  He said it’s a large enough piece of property to develop and said access to SR62 makes sense and is already a high traffic area.

 

 

2010, April 20 - Zoning Commission Minutes for Ravenna (SR44) Zone Change - Robert Pawley - Owner (Cont.)

 

 

·       David Pumneo of 7500 Brookside said he understands commercialization but said it will directly affect all of his neighbors who have lived there for many years.  He said a commercial development will bring in more traffic and people will see nice homes and feels security is an issue.  He said he looks out and see hills and cows now – not a lot of businesses and a water tower.

 

Mr. Pumneo said some things to consider are:  truck deliveries at night, lights in parking lot and drainage issues.  He said it’s a residential area and doesn’t want a commercial development and would like to see it stay as it is.

 

·       Diane Fitz of 5649 Ravenna lives at the corner of Ravenna & Brookside.  Said she tried to educate herself and asked about RPC’s decision for denial.  She said it’s a residential neighborhood and she doesn’t want to look out her window and see businesses and a water tower every day.  Bottom line…She said this is a big target for the City of Louisville and doesn’t need this disruption in her life.  She feels Mr. Pawley’s intentions are good now but doesn’t know what will happen in the future.  She said no one will want to buy her home and she’ll be stuck in a house worth nothing.  She doesn’t understand how putting in a commercial development would benefit the neighborhood.

 

·       Trustee Mike Lynch of 7293 Hahn said he understands all sides.  He said Mr. Pawley wants to stay in the township and if this zone change request doesn’t pass tonight, Mr. Pawley will be forced to go with the City of Louisville.

 

Chairman Metzger said RPC’s recommendation is ‘denial’ but Nimishillen Township Zoning Commission does not have to follow their recommendation.  He said their maps and drawings are incorrect.  The Zoning Commission Board and residents looked at the maps and drawings and discussion followed.

 

Board member, Jeff Zucal, said Mr. Pawley is sitting on land and is trying to put the land to good use and make some money.  Mr. Zucal said part of the land is now zoned R-3 and he could build apartments if he wanted to.  Discussion followed.

 

Chairman Metzger said he doesn’t see where RPC addressed the fact that a portion of the property west of the city is zoned B-4 and some is zoned I-1 and B-3 is north of there, which is up against Trojan Street.  He said apparently there are commercial uses in the near vicinity.

 

·       Diane Fitz stepped up to the podium again and asked what happens if Mr. Pawley decides to sell the land or move.

 

 

 

2010, April 20 - Zoning Commission Minutes for Ravenna (SR44) Zone Change - Robert Pawley - Owner (Cont.)

 

·       John Kibler of 5788 Ravenna said he’s known Bob Pawley and John Schumacher for years.  He said there are four businesses up from his residence and two across the road.  He said he has no objection at all and does not want apartments being built all over.  He said he’s had no problem with the businesses that are already there and said he sees no problem today nor any problems in the future.

 

·       Diane Fitz asked why a traffic light at Brookside and why a strip mall there.  Why not down the street?  She doesn’t want a traffic light on her property.

 

Mr. Pawley said there will only be one entrance and an access road running parallel with SR44 and said a light was only mentioned – nothing has been written in stone.  They are not going to do anything now – just trying to get zoning to be able to put in a mall if he wants to.  He doesn’t want anything that’s not an asset to the community.  It was mentioned that taxes would stay the same as long as residents continue to use property as residential.

 

Jeff Zucal spoke about the light issue stating the light could possibly be moved more north instead of at Brookside.  Mr. Metzger said any traffic light put up would have to be approved by the State because it’s a state route.

 

With no further discussion, Chairman Metzger said it’s time for the Board to make their recommendation and said their recommendation is not the final say – it goes before the Nimishillen Township Board of Trustees on May 13th for their final decision.

 

Again, Chairman Metzger said RPC recommended ‘denial’ but our Zoning Commission does not have to follow their recommendation.  He explained that he would have to abstain in tonight’s vote but did want to give his opinion stating the area proposed for a zone change is touching a commercial area where it could be annexed if the Nim. Twp. ZC does not approve the requested zone change by Mr. Pawley.

 

With that being said, REGAN STARKEY MOTIONED TO APPROVE THE PROPOSED ZONE CHANGE ON FIVE (5) PARCELS OF LAND LOCATED ON RAVENNA AVE., NE, LOUISVILLE, OHIO, SECTION 21, NIMISHILLEN TOWNSHIP, STARK COUNTY, STATE OF OHIO, FOR A TOTAL OF 24.0 ACRES, TO CHANGE FROM R-1 ONE & TWO FAMILY RESIDENTIAL DISTRICT AND R-3 LOW DENSITY MULTIFAMILY RESIDENTIAL DISTRICT TO B-3 GENERAL BUSINESS DISTRICT SECONDED BY JEFF ZUCAL.  ALL WERE IN FAVOR.  MOTION CARRIED.

 

            Roll call vote went as follows:

 

                                    Larry Marks                  -           YES

                                    Brent Hunter                 -           YES

                                    Regan Starkey               -           YES

                                    Jeff Zucal                      -           YES

                                    Ed Metzger                   -           ABSTAINED (he surveyed the

land and prepared the map for Mr. Pawley)

 

 

2010, April 20 - Zoning Commission Minutes for Ravenna (SR44) Zone Change - Robert Pawley - Owner (Cont.)

 

Chairman Metzger said the request for the zone change was APPROVED and will go before the Nimishillen Township Board of Trustees on May 13, 2010 at 7:30 PM for the final decision.

 

OLD BUSINESS / NEW BUSINESS:

 

There was no old business or new business to discuss.

 

MOTION TO APPROVE MINUTES FROM SEPTEMBER 29, 2009:

 

JEFF ZUCAL MOTIONED TO APPROVE THE MINUTES FROM SEPTEMBER 29, 2009 AS WRITTEN SECONDED BY REGAN STARKEY.  ALL WERE IN FAVOR.  MOTION CARRIED.

 

ADJOURN:

 

REGAN STARKEY MOTIONED TO ADJOURN AT 8:30 PM SECONDED BY ED METZGER.  ALL WERE IN FAVOR.  MOTION CARRIED.

 

 

 

 

 

 

                                    ______________________________

                                    Edward Metzger, Chairman

 

 

 

 

 

                                    ______________________________

                                    Larry Marks, Secretary

 

 

 

 

 

Zoning Commission Folder: 2010, April 20 ZC Minutes-Pawley (Ravenna) Zone Change.doc