ZONING COMMISSION MEETING

October 18, 2007 - 7:00 p.m.

7134 East Sparta Ave. S.E.

 

Commission Members present were Glen Johnstone, David Ross, Jim Davis, Ramon Halter and Linda Zaleski, presiding.  At 7:03 p.m., Linda Zaleski called the meeting to order and stated that the meeting room would only hold 40 persons, so if anyone else came, please let her know and the meeting would have to be moved to the garage area.

 

Ms. Zaleski introduced the Board members, the Township Trustees, and Zoning Inspector.  She then explained the reason for the meeting.  The City of Canton applied for a zone change on October 4, 2007, so that they could mine the area west of Cleveland Avenue for sand and gravel, which is not permitted in a B-2 district.  She explained the process of a zone change and read the recommendations of the Stark County Regional Planning Commission as follows:

 

RPC RECOMMENDATION:  APPROVAL (Zoning Amendment No. PI#5, 2007

 

The Regional Planning Commission recommends approval of the proposed rezoning to One and Two-Family Residential (R-1).  The following facts were considered by the Commission in its decision:

 

1.            The acreage proposed for rezoning is a portion of two tracts that are split by Cleveland Avenue, with the majority of     the          acreage being located between the road and the Nimishillen Creek.  The area on the east side of Cleveland runs parallel                with the road at a depth of 250 feet from centerline.

 

2.            This general area of the township is rural in character, with a mix of single-family homes, agriculture, and         undeveloped         land.  The township office and garage are located north of the area proposed for rezoning.

 

3.            The City of Canton’s waste water treatment plant was located on the acreage under consideration, prior to the           construction of their current facilities in Canton Township.

 

4.            According to the application, they plan to apply for a conditional use permit for mining of sand and gravel.  They have               also indicated that when the mining operation is completed, they intend to convert all of the city’s land on both sides of             Cleveland (approximately 500 acres) into a public park, another conditionally permitted use in the   proposed R-1       district.

 

5.            If the rezoning is approved, approximately 13 acres of the existing B-2 district will remain.  Township officials may     want       to review the zoning of these remaining acres in the future.

 

Ms Zaleski was informed that the hall was beyond the 40 person limit as designated by the Fire Inspector.  Ms. Zaleski asked everyone to please move to the garage area and that chairs were in the garage for their use.  She reconvened the meeting asking the City of Canton to explain their intentions.

 

Joe Concatto, the City Service Director introduced Tom Burns, the Law Director: Tracy Mills, Waste Water Treatment; Dan Moeglin, City Engineer and Doug Perry, Canton Park’s Director.  Mr. Concatto explained that until 2 years ago, he didn’t know the city owned this property.  He also stated that the coal mining operation was coming to a conclusion and, after taking a look at the property, he thought, with the rural setting, it would make a great park, so he contacted the City Engineer and Bob Fonte of Stark Parks and a plan was devised and it was felt that by mining the sand and gravel a lake could be made in the process and would generate some money for developing the additional acreage.   City Engineer, Moeglin, explained that it fit in with the countywide master plan of a trail along the Nimishillen Creek. 

 

Wayne Wood and Frank Dugan, who own property adjacent to this land were concerned that, in the future, if Stark or the City would decide to enlarge the park system that their land would be in jeopardy.  Mr. Concatto and Law Director, Burns assured them that could not happen that the property was not within the limits of Canton and they have no jurisdiction to obtain the land by eminent domain. 

 

Mark Karam and Chuck Hopkins of the Church of Christ expressed their concerns regarding the influence the mining would have on their water wells.  Mr. Moeglin explained that the water for the lake was already there and it just was a process of removing the soil and the water table would not change.  Trustee Doug Baum stated that a representative from the Ohio Department of Natural Resources would be attending the BZA Meeting to answer any questions anyone would have on the well water situation.

 

Bob Gill and Clarence Flowers were concerned about the flood water getting into the pond, (that area has a tendency to flood) and contaminating the existing water.  Mr. Moeglin stated that if there was any contamination, it would be very minimal. 

 

Zoning Commission member, Glen Johnstone inquired who would manage the park; provide security, etc.  Mr. Concatto stated that the City would do the general maintenance such as picking up trash and they would partner with the Stark Parks ranger and the Stark Sheriff’s Department.

 

Jeanne Miller questioned the time frame.  How long it would take to complete the mining and park.  Mr. Concatto stated that they were looking at about 2-3 years; the mining to be completed first so they would, hopefully have the funds to go ahead with the park.  Gary Braun also questioned how the park would be funded and maintained.  Mr. Concatto stated that the mining would fund a portion, and it would be eligible for Federal Grants, which they are presenting working to achieve.

 

Attorney Hall spoke about his experience with the Central Allied operation dredging an area behind his house just several years after he had built the home.  He had to live with the noise, sometimes starting at 5:00 in the morning and sometimes the dust, but the end result was a beautiful lake for the resident’s use.

 

Don Brown asked what type of system would the mining company be using to abstract the sand and gravel.  Mr. Demuth, of the mining company stated they would be using backhoes.  They would not be doing any dredging. 

 

Ms. Zaleski thanked everyone for attending the meeting and contributing their input to help them make a decision.  David Ross made a motion to approve the zone change from B-2 to R-1 for the present B-2 area of approximately 66 acres on the west side of Cleveland Avenue and including approximately 250’ from centerline of SR 800 on the east side of Cleveland Avenue. 

 

VOTE:                                               Ramon Halter, in favor of zone change from B-2 to R-1.

 

                                                            Jim Davis, in favor of zone change from B-2 to R-1.

 

                                                            David Ross, in favor of zone change from B-2 to R-1.

 

                                                            Glen Johnstone, in favor of zone change from B-2 to R-1.

 

                                                            Linda Zaleski, in favor of zone change from B-2 to R-1.

 

Vote was unanimous to rezone the approximately 66 acres of City of Canton property from B-2 to R-1.

 

Linda Zaleski again thanked every for attending.  Jim Davis made a motion to adjourn the meeting.  Seconded by Ramon Halter.  The meeting was adjourned at 9:04 p.m.