The Richfield Township Trustee Meeting was called to order at 7:05 pm on
March 24, 2003.
Roll Call: Trustees: Present – Shano Cica-Mraz, Laurie Gilmore, Robert Hooper
Clerk/Treasurer: Mark Uhrich
Others present: Linda Bowmer-Office Administrator and Laurie Pinney – Zoning
Inspector
Ms Mraz opened the Public Hearing on zoning amendments that were advertised in
the West Side Leader on March 13, 2003. She explained the amendment procedure.
The Zoning Commission also receives a review from Summit County. There were two
amendments under Article II Definitions. “ Flag lots” had previously not been
defined. The definition as proposed was agreed upon by the Trustees with
modification to the last sentence to read: At no point shall the lot be less
than the minimum frontage for that zoning district. Laurie Pinney agreed that
this was preferable as definitions should apply to all areas in the Township and
any actual requirements should be deleted. The definition of ‘Agriculture’ was a
changed -- taken from the Ohio Revised Code. Restricting agricultural uses has
been found to be unconstitutional and our code would have been in violation.
There were no comments from the floor on these definition changes.
In Article III General Provisions, Section 301-4-K, in our Code refers to
“substandard lots” and is being amended to come into compliance with traditional
language; i.e., “nonconforming lots.” After discussion with Ms Pinney, Ms Mraz
decided to send this amendment back to Zoning Commission for clarification. At
the present time this amendment will not be acted upon.
Ms Mraz made a motion to approve the flag lot definition with one change in the
last sentence and the agriculture definition as forwarded from the Zoning
Commission, seconded by Ms Gilmore; motion carried unanimously.
Ms. Cica-Mraz made a motion to approve the March 6, 2003 special Trustee meeting
minutes and the March 10, 2003 regular Trustee meeting minutes, seconded by Ms
Gilmore; motion carried unanimously.
Ms. Cica-Mraz made a motion to approve warrant report 7648 to 7674, seconded by
Ms Gilmore; motion carried unanimously.
Clerk Report – Mr Uhrich reported software problems with the OTAS accounting
program and Don Titko will be coming Thursday to do maintenance on the system.
He reported that the State of Ohio had notified local governments of a recent
round of spending cuts to balance the state fiscal 2003 budget. In July 2003
there may be another substantial reduction so the message from the State is
expect less money. The field audit will be wrapping up tomorrow (March 25th)
with the final report being available the first to the middle of April.
Regarding separation, Ms Mraz asked how the work on division of assets was
coming. Mr Uhrich said the real property documentation is almost complete. In
the area of personal property, it was more difficult to determine what the
Township owns, when it was purchased and what fund was used for the purchase. Mr
Uhrich has met with the County who were happy with the progress that is being
made. It is hoped that the work can be completed in the next several weeks. The
Village is also actively involved in this process.
Also as a result of the audit, Mr Uhrich learned that Trustee Board approval is
needed to transfer money from the General Fund to another fund on four transfers
made in 2001 and one in 2002 and the auditors requested retro-approval to be
given by the Trustees. Ms Mraz made a motion to retroactively approve transfers
from the General Fund as indicated below:
2001
To the Gasoline Tax Fund $ 10,300
To the General Note Retirement Fund $ 675
To the Capital Equipment Police Fund $ 15,000
To the Capital Equipment Roads $ 15,000
2002
To the Zoning Fund $ 2,946
Road Report – Ms Gilmore reported that the road crew was busy patching
chuckholes, repairing plow damage and picking up litter along Township roadways.
Over the winter a total of 1,500 tons of salt were used – 3 times as much as
last year. The new tractor/backhoe was delivered today. Ms Mraz encouraged
everyone present at the meeting to pick up trash on their roads now that the
snow has melted.
Zoning Report – The Medina County Commissioners denied the vacation of Carr
Road. When the Metro Parks purchased part of the property, the residents of Carr
Road did not want to proceed, but once the petition was submitted, the action
had to run its course. The next BZA meeting is scheduled for April 21 with 1
continued case – the entry sign and wall to The Woods, Glencairn. The next
Zoning Commission meeting is scheduled for April 10th The long battle with KB
Compost appears to be over with a positive outcome for the Township. Ms Mraz and
Ms Pinney explained that KB Compost, under the guise of agricultural exemption,
had allowed tanker trucks with industrial sludge to be processed on the property
in 1996 and 1997. The Township filed a complaint in 1998 and in January 2000 the
Court issued a permanent injunction. In 2002 KB Compost had gone back to court
seeking a modification allowing a construction & demolition debris landfill site
which was granted. However the Court of Appeals has reversed this ruling and the
injunction now stands, with KB’s only recourse being the Ohio Supreme Court.
Ms Mraz explained the history and timeline of the next phase of Glencairn, The
Woods, explaining that when any revision is made, the entire subdivision must be
reapproved. Under the Township Zoning Resolution the Zoning Commission requested
a review and comments from the BZA and the Board of Trustees prior to their
review at the public hearing scheduled for Thursday, April 10th.
Ms Mraz opened the floor to comments by citizens by asking Jim Davis, attorney
for a Glencairn resident, if he wanted to make a statement. He said the
residents would speak for themselves.
Mr George Gates, 3461 E Glencoe – His concern was open space and the fact that
cluster homes looked like single family homes and are cluster in name only. He
felt Glencoe clusters should be the standard for the aesthetics.
Ms Mraz – The Board of Trustees may recommend, but have no authority to control
aesthetics. Township zoning can only take into consideration health and safety
concerns. The Zoning Commission is currently amending the R4 District.
Mr Bob Stone, 3601 W Glencoe – Mr Stone indicated that he had been asked by
several of his neighbors to act as a spokesperson. At a recent Glencairn meeting
it had been discussed that this issue is a watershed for Richfield as a
community. All Glencairn residents moved to Richfield seeking a rural
environment in an upscale community, the original concept for Glencairn. What is
slated for The Woods is not specific to Glencairn’s standards and fall outside
of the zoning requirement.
Ms Mraz stopped Mr Stone’s comments saying that the Township had no legal
counsel present and did not wish to legally debate the subject or be essentially
deposed by him. This was not a public hearing.
Much discussion sent back and forth between Mr Stone and Ms Mraz. Mr Stone
wanted to present facts. Ms Mraz said their job as Trustees was to review plans
and judge whether they met R4 requirements. R4 was conceived for other potential
subdivisions, not just Glencairn. Ms Pinney said that the BZA was the
interpretive Board and they had unanimously given their approval. Mr Tom Wehner,
member of the BZA, was in the room and replied that he felt that approval was
given with stipulations. Mr Stone’s comments primarily concerned single family
lots vs cluster homes, price differences and association fees, and the single
entity control issue.
Ms Mraz asked Mr Stone for a written list of resident concerns. The Prosecutor
would be asked for a written opinion based on their written concerns. Trustees
do not have the adequate legal knowledge to provide legal opinions and the
issues of concern voiced by Mr Stone needed to be clarified for questions.
Mr Stone said that once the genie is out of the bottle, there is no going back.
He also wanted to schedule a meeting with the schools. Ms Mraz indicated the
schools are not a zoning issue, but Mr Stone said it is important enough to all
theTownship, both to current residents and those moving in, that it should be a
Trustee issue.
Ms Gilmore intervened to say that although she understood the issue from the
viewpoint of Glencairn residents, as Trustees they have to review the health and
safety issues as set for the in the zoning code.
Mr Wehner said the date on the drawings should be checked to make sure it is the
same as the drawings the BZA reviewed.
Ms Linda Leaventon, 3475 Glencoe – Said that Glencairn residents were just
trying to maintain their neighborhood, saying they had all worked hard to get
where they are. She demanded an apology from Ms Mraz for calling some of their
comments and concerns elitist. Ms Mraz replied that the Trustees disliked being
put on the defensive on a matter that had been debated and explained at great
length over the past months.
Mrs Luann Stone, 3601 W Glencoe – Expressed concern that the Trustees would not
discuss The Woods with residents and commented again on the issue of the
footprint being within the building envelope.
Mr Gary Ketcher, 3621 W Galloway – If these new homes met the zoning code
definition of cluster homes, what will prevent this from happening again? How
can we assure that the footprints are stringently enforced?
Ms Pinney said the Zoning Commission is currently working on the definition of
‘cluster’.
Mr Stone again brought the discussion back to single family homes and the
footprint issue saying that BZA 500-03 case gives the math formula and shows
they do not meet code.
Mr Hooper asked if the BZA had looked at the single entity control and footprint
issues. Ms Mraz again asked Bob Stone to write up his specific questions for the
County Prosecutor, saying she would personally call the prosecutor’s office with
a request to rush a written opinion to Mr Stone’s questions.
Mr Biggar, Glencairn Development – Stated that the units fit numerically and are
completely to code. It was his opinion that “cluster” homes have a feel of
compatibility with similar landscaping, building materials, roofs, colors, etc
within the phase. It is not the footprint, but the fact that they fit within a
group makes them “cluster” homes. The Woods will be cluster homes.
Mr Woods King, attorney for Glencairn – The trustees have been asked to comment
to the Zoning Commission on modifications to the final plan. If there are no
changes, why grant a continuance. Are there any changes and are they
significant?
Ms Mraz pointed out this was not a Public Hearing and Mr Hooper felt accurate
green space needed to be ascertained. Ms Mraz apologized for the delay but said
she felt to give the matter due diligence and because the Glencairn residents
wanted the prosecutor’s objective opinion, the Trustees would wait to make their
recommendation.
Mr Biggar said the time line was very expensive to him and no more delays should
be allowed. Ms Mraz said it has been expensive for everyone involved.
Ms Mraz apologized again for the defensive manner of the trustees and said they
will make every effort to reconcile the facts with the code. This matter will be
continued to the next regularly scheduled Trustee meeting on April 14th. Ms
Pinney was asked to continue it at the Zoning Commission hearing on April 10th.
Ms Mraz reminded everyone that in a prior meeting, the Trustees had already made
a motion to allow the veterans to use Triangle Park as a location for their
permanent veteran’s memorial The Association has now voted and Triangle Park has
been approved as the location. The veterans now want a formal resolution to
enable them to get started with fund raising. Ms Gilmore noted that the Park is
located in the Village and should meet their planning and zoning requirements.
Ms Mraz made a motion to approve Resolution #10-2003 approving Triangle Park as
the location for the Richfield Veterans’ Association Memorial, seconded by Ms
Gilmore; motion carried unanimously.
Ms Bowmer to see that a signed copy is sent to the Veterans’ Association.
Ms. Mraz made a motion to adjourn the meeting at 10.05 p.m., seconded by Ms.
Gilmore; motion carried unanimously.
Chairwoman:________________________
Clerk: ______________________________