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YORK TOWNSHIP ZONING COMMISSION

June 5, 2014

The York Township Board of Zoning Commission held their monthly meeting in the York Town Hall/Fire Station Complex on June 5, 2014 at 7:00 pm

Lowell Wolff called the meeting to order at 7:00 pm.

The pledge of allegiance was said.

Zoning Commission Members Present: Lowell Wolff, Kathy Gibbons, David Hull, Nevada Johnson, and Jonathan Steingass were present at the meeting. Alternate Todd Zieja was unable to attend.

Guests Present: Dorothy Crouch-Zoning Inspector; Colene Conley-York Township Trustee; Rick Monroe-York Township Trustee; Pam McCourt; Dick McCourt; Robert Heffinger; Debbie Heffinger; Antal Csiszar; Barbara Csiszar; Stanley Katanic; Ken Lekan; Kelly Lekan; Jamie Gregoire; Lori Gregorie; Bill Cores; Gregory Huber; Ron Pfaff; Travis Crane; Keith Kerns.

Minutes: The Board reviewed the proposed minutes from the May 1, 2014 meeting. Jonathan Steingass made a motion to approve the proposed minutes. Kathy Gibbons seconded the motion. All members voted aye in a voice vote. Minutes approved.

Site Review – Ron Pfaff – proposed new building: Lowell Wolff asked Ron Pfaff to explain the plans for his new building. Ron Pfaff explained to the Board the plans of his new building explaining the building will be sixty (60) feet x one hundred fifty (150) feet at 6440 Norwalk Road; will be used for dry storage; one of the tenants needs more storage.

Ron Pfaff stated the Fire Department has been back at his property for training and would welcome them back at any time for more training.

Lowell Wolff stated he looked over the plans and the York Township zoning codes; in his opinion everything seems to be within the codes. Lowell Wolff asked if any of the Board members have any questions.

David Hull asked if Ron Pfaff had to deal with the Storm Water Management. Ron Pfaff stated he has contacted the Storm Water Management, on his property he has a big retention basin in the back of the property, with the last storm we had he feels the large

1 retention basin did a very good job. Ron Pfaff also stated the retention basin on the west side of the property will be expanded.

Dorothy Crouch stated the Site Review had been given to the Trustees and to the Fire Chief; the Fire Chief stated his only concern would be certain businesses require sprinkler systems. Ron Pfaff is aware of this and stated he is not allowed to rack over twelve (12) foot high.

Dorothy Crouch asked Ron Pfaff if he is aware when a new business comes to his building they are to come to Dorothy Crouch for a Site Review. Ron Pfaff answered yes. Dorothy Crouch stated at that point as of now; she will also refer the new business to the Fire Chief.

Dorothy Crouch also stated she has put packets together for Ron Pfaff to give to new businesses he may have coming to his complex. Ron Pfaff thought that was a good idea although he has not had any new businesses in about ten (10) years.

Dorothy Crouch asked Ron Pfaff if he has someone moving into the new building. Ron Pfaff stated it is one of his current tenants just expanding their business. Ron Pfaff stated the building will be less than ten-thousand (10,000) square feet and will have a fire separation.

Lowell Wolff asked if the Trustees had any questions, they did not.

Kathy Gibbons made a motion to approve the Site Review for the proposed new building submitted by Ron Pfaff for 6440 Norwalk Road, Medina. David Hull seconded the motion. All members voted aye in a voice vote. Motion approved.

Ron Pfaff would like to invite the Fire Department to come over to 6440 Norwalk Road for practice.

Zoning Amendment – Pulte Homes: Lowell Wolff asked the representative for Pulte Homes to come forward.

Stan Katanic came forward to represent Pulte Homes.

Lowell Wolff asked Stan Katanic to explain the plans for Pulte Homes. Stan Katanic explained the application and map given to the Board and Pulte Homes requesting a Public Hearing to rezone a parcel of land (parcel # 045-05D-14-002) Pulte Homes plans to purchase. The request is to rezone from R2 Medium Density Residential District to R1 Low Density Residential/PUD Planned Unit Development Overlay District. Stan Katanic gave an overview of the entire project explaining Pulte Homes is currently under contract to purchase one-hundred seventeen (117) acres just west of Reagan Parkway, west of Marks Road. Stan Katanic explained the southern portion of the project approximately twenty-three (23) acres is zoned R2, the remaining northern portion is zoned R1/PUD. Stan Katanic

2 also explained that Pulte Homes would like to rezone the R2 on the southern portion to R1/PUD.

Stan Katanic stated the request comes to the Zoning Commission after many hours and days of meeting with the York Township Trustees, Medina County Planning Director and other Medina County Public entities.

Stan Katanic stated Pulte Homes would donate approximately twenty-six (26) acres to the Medina County Park System.

Jonathan Steingass asked Stan Katanic if a portion of the property would need to be surveyed off before the donation would be made to the Medina County Park System. Stan Katanic answered Pulte Homes is in the process of verifying the boundaries of the overall property lines of the one-hundred seventeen (117) acres that is going forward.

Stan Katanic stated it will be the requirement of Travis Craine, the Civil Engineer, to complete the verification of the boundaries.

Travis Craine explained the parcel being donated to the Medina County Park System does not exist as one parcel right now; this will be handled in the final stage of the project.

Lowell Wolff asked with the application is a letter to the Trustees and the Zoning Commission from Travis Crane; on the second page item 1. a. The donated property had the potential to be a key connection between Reagan Parkway to the east and the existing Lester Rail Trail to the west; would Travis Craine explain this.

Travis Crane explained once the property would be donated to the Medina County Park District it is theirs to develop as they see fit, possibly making the connection between Reagan Parkway and the Lester Rail Trail.

Stan Katanic stated in the discussions with the Trustees and the Medina County Park Director; they expressed the want to have the connection between the Reagan Parkway and the Lester Rail Trail.

Jonathan Steingass asked about the situation with Commerce Drive. Stan Katanic states they have had discussions with the Medina County Planning Engineer, the infrastructure plans for Medina County includes the connection. Stan Katanic stated one of their plans is to donate that portion of the road-right-of-way to the County or Township, connecting Commerce Drive to Reagan Parkway.

Jonathan Steingass asked if that would run over part of the property being donated to the Medina County Park District. Stan Katanic answered it would run over the south east corner. Jonathan Steingass asked if they were aware of this. Stan Katanic answered yes they are.

3 Lowell Wolff stated the Board cannot act on the request of rezoning tonight, there would need to be a Public Hearing, the Public Hearing could be scheduled for July 3, 2014.

The Board, Dorothy Crouch and Stan Katanic discussed the Public Hearing, the up coming Holiday of July 4, 2014 and receiving the decision from the Medina County Planning Commission; their meeting is July 2, 2014.

Jonathan Steingass made a motion to hold the Public Hearing on July 7, 2014 at 7:30pm to consider a request from Pulte Homes to rezone parcel # 045-05D-14-002 from R2 Medium Density Residential District to R1 Low Density Residential/PUD Planned Unit Development Overlay District. David Hull seconded the motion. All members voted aye in a voice vote. Motion approved.

David Hull asked if the York Township Zoning Commission meeting would still start at 7:00 pm. Lowell Wolff answered yes.

Zoning Amendment – Robert Heffinger Lowell Wolff asked Robert Heffinger to explain his application for the Zoning Amendment.

Robert Heffinger of 5948 Norwalk Road, Medina explained in June in 2002 York Township Zoning Commission rezoned his property and his neighbors from residential to commercial, without their knowledge, most of his neighbors are at tonight’s meeting. Robert Heffinger explained for many reasons they would like the property to be rezoned from commercial to residential.

The request is to rezone parcel # 045-05D-13-003; parcel # 045-05D-13-004; parcel # 045-05D-13-005; parcel # 045-05D-13-006; parcel # 045-05D-13-007; parcel #045-05D- 13-008; parcel # 045-05D-18-001; parcel # 045-05D-18-002; parcel # 045-05D-18-003; parcel # 045-05D-18-004; and parcel # 045-05D-18-005 from Commercial to R-1 Low Density Residential District. This request will also include amending the York Township Zoning map.

Lowell Wolff asked for any comments.

Greg Huber his father-in-law and mother-in-law are directly affected by this change, the way he understands this; the zoning change took place by way of public notification and not by direct notice to property owners; he has dealt with this issue on behalf of the city of Medina; there is a six court of appeals decision stating there is a state statute that allows for rezoning without notice to the property owner, that it is an unconstitutional move on the part of the government to do this without the notice to the property owner. Greg Huber’s own conclusion in looking at it, there is a conflict between six different court appeals and Ohio statute that allows this rezoning through publication. Greg Huber stated he feels most people who own property would want to know if the local government is passing laws to rezone property to have an opportunity to detour it.

4 Greg Huber also expressed his concern regarding rebuilding in a residential area if the home is destroyed, refinancing at residential rates in a commercially zoned area; and the ability to sell residential in a commercially zoned area.

Antal Csiszar stood and expressed how frustrated he is not being able to sell his home; he needs to sell his home to be able to help his ill mother-in-law. Antal Csiszar feels he cannot sell his home that has been up for sale for a year and a half due to the zoning.

Barbara Csiszar also expressed her frustration; prospective buyers tell her they like the home, but not the location; now she knows why; due to government regulations.

Antal and Barbara Csiszar feel very frustrated the property was rezoned and never personally contacted; they thought things like this did not happen in America.

Dorothy Crouch expressed her concern for the residents. Dorothy Crouch explained this all started when the York Township worked on a Comprehensive Plan, trying to plan for a future for the Township. The Trustees back in 2002 with the economy good they felt the rezoning would be in the best interest for the Township for its growth. Dorothy Crouch also explained since then the economy took a dive and all property value has declined.

Dorothy Crouch also explained the changes in the Banking system that took place in 2012.

Greg Huber asked if any notices were sent out to the property owners when the rezoning took place.

Dorothy Crouch explained since there were so many changes at that time; over ten (10) they did not need to send out notices to the property owners. Greg Huber stated the State statute does say ten; but there are six courts of appeals that states due process.

Greg Huber stated it is a constitutional right that if you are going to have your property rezoned, you are entitled to a notice so that you could go to a hearing.

Lowell Wolff explained there was an understanding that if there was ten (10) or more properties involved the notice can be done through the newspaper.

Greg Huber feels a notice through the newspaper is not enough.

Dorothy Crouch stated William Thorne with the Prosecutor’s office stated the Township did everything correct back in 2002.

Dorothy Crouch stated the Township would at this time like to make everything good for the property owners; that is why we are having this meeting tonight.

5 Dorothy Crouch also read Section 603.02 Restoration of Damaged Structure of the York Township Zoning Resolution; explaining a damaged structure can be rebuilt.

Lowell Wolff explained the York Township Zoning Commission does understand the concern of the property owners; the Board was not aware of the problem; there really was no problem until the banking changes in 2012.

Nevada Johnson stated the meeting tonight is a petition to rezone the properties back to R1, if the properties are rezoned back to R1 their problems are solved. Nevada Johnson stated the Board should continue to do other legislations because there are other property owners that are in the same situation; the Board is addressing these issues tonight to correct it as soon as possible.

Nevada Johnson stated the Board has a petition by all of the property owners except for the last two (2) lots next to the commercial building. Nevada Johnson suggested the Board can have a motion to proceed for the rezoning hearing.

Nevada Johnson asked Greg Huber if he knew the statute that says if you have ten or more you do not have to serve each property owner who abuts or is across the street a notice. Greg Huber knew of the state statute.

Nevada Johnson suggested unless Greg Huber insists the Board will just place public notice in the paper that the parcels are up for rezoning and notices would not go out to anyone else, including the two property owners that are not at tonight’s meeting.

Greg Huber stated it does make sense that the area should be commercial. Nevada Johnson stated that does not help the property owners that would like to sell their homes.

Nevada Johnson stated the Board is ready to schedule a public hearing to rezone the property from Commercial to R-1 as the petition requested; the Board and public can debate the merits of that during the public meeting, tonight’s meeting is basically to received the petition and schedule the public hearing.

There was much discussion regarding the rezoning of the properties.

Nevada Johnson made a motion to schedule a public hearing for the rezoning request for July 7, 2014 at 8:15pm and notices to be sent to abutting property owners and those directly across the street from the properties sought to rezoned and copy to be sent to the Medina County Planning Commission for recommendations and noted. Kathy Gibbons seconded the motion. All members voted aye in a voice vote. Motion approved.

There was much concern from the Board, Trustees, Dorothy Crouch and neighbors for the property owners at 6010 Norwalk Road. The property owners at 6010 Norwalk Road did not sign the petition and did not attend tonight’s meeting.

6 The Board would like to hear from them personally regarding the rezoning; they will also be receiving a personal notice regarding the Public Hearing scheduled for July 7, 2014.

The Board, Trustees, Dorothy Crouch, Greg Huber discussed zoning regulations and banking problems.

Lowell Wolff asked for suggested looking at rezoning other properties in the future so as not to run into the same problem with other York Township residents. Everyone agreed.

Correspondence: None

Old Business: David Hull asked about the Section 205.12 regarding fences, walls, and hedges. Dorothy Crouch stated she is concerned about fences, walls in front of the property and the road right of way.

New Business: Kathy Gibbons asked if anyone has any more information regarding the workshop to be held on June 24, 2014. Lowell Wolff stated the topic is Land use/Law program held on June 24, 2014 at 6:30pm at the Medina Library.

Rick Monroe stated there will be a workshop in Chatham on June 12, 2014 at 7pm regarding Residential Shooting.

Adjourn: David Hull made a motion to adjourn the meeting at 8:20pm. Nevada Johnson seconded the motion. All members voted aye in a voice vote. Motion approved.

______Lowell Wolff, Chairperson Mary Lenarth, Secretary