Note: These minutes were compiled by extracting certain facts the essence of testimony from an audiotape
made of this meeting. Complete detail and verbatim statements can be heard and transcribed from the
tape. The tape is available in the office of the Department of Planning and Zoning for a nominal fee.
STREETSBORO PLANNING AND ZONING COMMISSION
Regular Meeting
June 14, 2016
7 PM
Call to Order – Chairperson Horsfall called the meeting to order at 7:00 pm.
Pledge of Allegiance and Invocation
Roll Call: Tom Horsfall, Jerome Pavlick, Chuck Kocisko, John Randolph, Marty
Richmond, and Jason Winkler were present.
Mr. Horsfall noted that Mr. Hillyer told the commission at the last meeting that he would
be out of town and not available for this meeting.
Also present: Mayor Glenn Broska, John Cieszkowski, Planning and Zoning Director;
Matthew Vazzana, Assistant Law Director; and Zoning Inspector Stacey Vadaj.
Disposition of Minutes: February 9, 2016 Regular Meeting, March 8, 2016 Regular
Meeting, April 12, 2016 Regular Meeting, May 10, 2016 and May 31, 2016 Special
Meeting.
Mr. Horsfall had minor corrections for the February minutes. Change sometime to some
time. Change it to if on page 9 and take out the extra “the” on the same page.
Motion: Mr. Pavlick
To accept the February 9, 2016 meeting minutes as amended. Seconded by Mr.
Randolph. Upon voice vote motion carried.
Mr. Horsfall had minor corrections for the March 8, 2016 minutes. Page 2 take out the
extra “a” and the extra “be”. On page 5 take out the extra “to”.
Motion: Mr. Pavlick
To accept the March 8, 2016 meeting minutes as amended. Seconded by Mr.
Richmond. Upon voice vote motion carried.
Old Business9700 Page Road – Boulder Creek Golf Course – 1 planter sign
Joe Salemi, 10121 Northfield Rd, Northfield, Ohio presented the drawings showing stone
pillars and a roof over the proposed sign as discussed at the last meeting.
City of Streetsboro Planning and Zoning Commission
Regular Meeting June 14, 2016
Page 1
Mr. Horsfall commented that it was a beautiful sign.
Mr. Cieszkowski pointed out to the commission and agreed what was proposed looked
nice but he did not see a landscaping plan or proposed illumination levels mentioned at
last month’s meeting.
Mr. Salemi said he would be happy to put the types of plantings suggested by [Mr. Hillyer]
at the last meeting and would be putting 4 LED ground lights with 5 watts each and would
get the information to Mr. Cieszkowski.
Mr. Horsfall asked if the commission was amenable to Mr. Salemi following through with
Mr. Cieszkowski on the items for the sign. The commission affirmed.
Motion: Mr. Pavlick
I hereby move on this 14th day of June 2016, the Streetsboro Planning and Zoning
Commission approve a planter sign for Boulder Creek Golf Course, The Lodge,
9700 Page Road, Parcel #35.037.00.00.003.002 per variance approved 4-19-16 and
sign plan received 03-30-16, revised 06-08-16. Subject to administrative review by
the Planning and Zoning Director regarding the items noted in the memo dated 5-316 and receiving a landscape plan and a lighting plan. The applicant/owner must
make the sign contractor aware to ensure that the Specification Plate is affixed to
all proposed signs at the time of installation. No sign can be installed until a permit
has been paid for and issued through the Building Department. Seconded by Mr.
Kocisko.
Roll call: Yes – 6, No – 0. Motion carried.
Sign Review- Chapter 1159 – none
New Business –
Sahbra Farms/Shelly Materials Inc – conditional use permit and site plan amendment
for surface mining – Public Hearing Only
Mr. Horsfall clarified this was the Public Hearing Only.
Mr. Kocisko abstained for financial issues for this company.
Mr. Horsfall continued that would be easily done because there would be no vote. This
was the public hearing portion. He had talked to the Law Department and Mr. Janis and
Mr. Vazzana had determined that the proper sequence for the conditional use hearing
was to have the public hearing first which was what they were going to do. There would
be no comments from the applicant, staff or commission but would instead have a motion
to begin the public hearing then hear from the public. He asked that anyone who wished
to speak would come to the podium, state your name and address then state your
comment relative to the Shelly Materials Incorporated conditional use permit (which would
be the first consideration when the commission gets to it) and site plan amendment for
surface mining. He asked for a motion to open the public hearing.
City of Streetsboro Planning and Zoning Commission
Regular Meeting June 14, 2016
Page 2
Motion: Mr. Pavlick
To open the public hearing. Seconded by Mr. Randolph. Upon voice vote motion
carried.
Jeff Allen, 8221 SR 14, Streetsboro had a prepared copy of his statement [Exhibit A].
He added after reading his statement that he lived down there and he liked the rural
character there.
Julie Verrona, 7909 Diagonal Rd commented that the conditional use permit should not
be granted using the 6 criteria set forth in the zoning code. The proposed use is not
harmonious with the Master Plan (MP). The MP provides for areas where small scale
agriculture (ag) is permitted and encouraged. Surface mining would eliminate ag use on
the Sahbra property and could also interfere with neighboring ag uses because it could
affect the soil for trees, gardens, etc. and the noise and dust will be disturbing to livestock.
The MP also sets forth encouraging protection of the rural character, farmland and rural
history. Only a couple of historic buildings and farms remain in Streetsboro. We cannot
regain historical landmarks once they are demolished. The MP also sets forth preserving
and promoting natural features. Mining strips the natural features the City hopes to
promote and leaves behind depleted land buried under water. It’s not sensitive to the
environment. The MP sets forth family friendly, place of pride and quality. Mining is not
family friendly and does not invoke a sense of pride. Criteria #2, the proposed use is not
harmonious and will change the essential character of the area. It’s not harmonious and
appropriate. Animals, trees, gardens and a country setting is the current and intent of the
area. The petitions indicate that this is not harmonious. Allowing this conditional use will
change the essential country character of the area into that of an unsightly sand and
gravel pit in another rural countryside. Criteria #3, will be hazardous or disturbing to
existing or future neighboring uses. It’s hazardous because children and animals living
and going to school right next door, breathing in the dust, contaminating the water and it’s
also a drowning hazard. It could potentially negatively affect the Lake Rockwell water
supply and the eagles on Lake Rockwell which are protected. It could contaminate the
water supply which would negatively affect the health of her family, their gardens, their
animals and their trees. Criteria #4, it would be detrimental to property in the immediate
vicinity or to the community as a whole. It will reduce property values and re-salability. It
would reduce natural beauty. It would negatively impact the water supply and terminate
the gas wells. It is detrimental to the community as a whole because this was part of
historic farmland and it was unsightly, noisy, dusty, and increases traffic. Criteria #5 will
not be served adequately by essential public facilities and services. The drainage system
will go down through the neighboring yards, it will flood the neighboring community that
already gets swampy with rain. It could affect their wells, the Lake Rockwell water supply,
and people’s basements. Criteria #6 is will interfere with traffic. The roads will get more
potholes because of the heavy trucks. There will be an increase in traffic which increases
the risk of harm to children playing in the area and the pollution from the trucks will further
contaminate our breathable air. For these reasons the conditional use permit should not
be granted.
City of Streetsboro Planning and Zoning Commission
Regular Meeting June 14, 2016
Page 3
Leslie Geer, 1911 Pleasant Valley, Streetsboro commented she moved to her new home
on Pleasant Valley in 1977. Sahbra Farms was Weingart Farms back then. These were
her concerns. Once she moved into her home she found out that Streetsboro had a bad
reputation and was happy to say that over the years Streetsboro has been going in the
right direction. She was proud to say she was a resident of Streetsboro and asked they
not make a 180 degree turn and regress by making part of our City an eyesore. Not long
after she moved here she heard about homes in Brady Lake losing their wells (they were
going dry) which she couldn’t understand because they lived near a lake so a lake does
not guarantee wells as some might think it would. When her house was built in 1976 there
was a moratorium which did not allow gas to be run down her street so she has an allelectric home with a baseboard heating system (no furnace with duct heating system)
which means no air conditioning. She has casement windows so no window ac units. In
the spring, summer and early fall her windows must be open so there is a lot of dust that
comes in her house now. She would hate to think how bad it would be with a gravel pit
behind her home. Her biggest concern was that she has asthma and bronchitis which she
has in the past been hospitalized for and she must keep medication on hand so she could
not take the chance of breathing in Silica dust. There is nothing worse than feeling your
bronchial tubes are closing up and that you are suffocating to death. Her home is in the
lowest lying area so every year her backyard is under water. A big portion of that water
drains from Sahbra farms so what else will happen to her between being the flooding and
now a gravel pit behind her home. The City’s number one priority should the health,
welfare and safety of their residents. She thought there should be a way for the City to
work with Mr. Gross to come up with an agreement that works for all concerned. We know
that pesticides and insecticides have not been used on Sahbra Farms because of the
horses and needless to say the land has been fertilized by the horses. The going trend
across the country is mini-farm subdivisions with a house and 5 plus acres each. This
keeps the integrity of the land and is what the Millennials are wanting. The biggest thing
now is organic farming. She would be happy to have a mini-farm subdivision behind her
and hope other surrounding neighbors would too. She asked they give this some serious
thought. She hoped the Commission and City Council would keep the City’s residents’
welfare as their number one priority.
David Maxwell, 8030 Diagonal Rd, stated he lived directly across the road from Sahbra
and had an elevated view of the horse farm from his front yard and if it was up to him it
would remain a horse farm but he knew that was not his choice to make. He also knew
that the land in his neighborhood was zoned Rural Residential and comes with a number
of allowed uses. Some of these require no permission and others, like surface mining,
need to pass review in order to ensure that it won’t harm surrounding property owners.
Streetsboro Zoning Code Chapter 1153.03 requires that a conditional land use meet a
number of criteria, including the following: It cannot be detrimental to property in the
immediate vicinity, it cannot change the essential character of the existing area, it needs
to be harmonious with and in accordance with the objectives of the Comprehensive
Master Plan, and it must not be hazardous or disturbing to existing or future neighboring
uses. As an adjacent property owner a couple of things come to his mind. First he had
been attending the recent public hearings on this issue and had heard his neighbors talk
about why they moved here and how they feel blind-sided by all this. How it is an utter
City of Streetsboro Planning and Zoning Commission
Regular Meeting June 14, 2016
Page 4
contradiction to the vision they had when they made their choice to move here. When he
thinks of the value of his property as real estate he was concerned because the
attractiveness of his property will be different depending on whether his next door
neighbor is another home in the neighborhood or a sand and gravel pit. Second, a few
years ago one of his neighbors needed to drill a new water well. A day or so after the
drilling began, water from his kitchen tap started smelling like spoiled eggs. It took about
three weeks for his water to return to normal so he was uneasy about how this will affect
his water supply. Geologists might say that digging an enormous hole across the street
from my well won’t affect my ground water but in his experience something which was, by
comparison, a pin prick in the ground was definitely noticeable. So who’s right? I
supposed the real answer was if the Commission let the project move forward time will tell
but he shared his neighbor’s concerns and he knew there was a sad history of
communities needed to deal with the long term consequences of short sightedness where
mistakes or misrepresentations were made during the planning process. Finally, his
grandparents moved into his house over 70 years ago and his memories go back to 1963.
Over that time the neighborhood has slowly grown, attracting homeowners who were
drawn to the character of the area and who share, as the Cities Master Plan puts it, a
community identity that evokes a sense of place, pride and quality. He hoped the
commission would give serious thought to the kind of message it will send if they decide
to allow this proposed expansion of mining operations in our community. We’re asking to
do the right thing to protect the character and integrity of their neighborhood. If the
commission dismissed these concerns it would send a message that when you buy a
home in Streetsboro it is a gamble and you are taking a risk. [Mr. Maxwell turned in his
statement informally after the hearing – see attached]
Drew Copley, 2230 Hunting Valley Lane, pointed out something he hadn’t heard yet today
but had in other meetings and talk about grandfathering. There was actually a news
article about a project that was grandfathered in but he needed to make this very clear
that the process is grandfathered not the approval. Everyone here needs to know that and
understand that there is a chance that this doesn’t have to go through. Part 2 of Chapter
1125 clearly states that with principal use the zoning inspector shall issue a zoning
certificate, conditional use the Planning and Zoning Commission may issue. May. So it
doesn’t mean that it has to happen. During other various meetings, the owners know this,
it was pushed hard to make us believe that this was a done deal and was going to
happen but then after two separate meetings we found out there was a contingency in the
lease that if the approval was not made the applicant could back out and also they
mentioned that the upgrading of the plant was going to happen after the approval so they
know the investment may not be wise at this point. You could verify that with the
applicant. If you look at the history, look at the aerials on the internet, going year by year
you could see the residential areas build up in this area which was a clear policy of
planning residential development which followed the direction of the comp plan. People
had moved in, built their homes, raised their families and they have faith and trust in the
system and the Commission that this was going to stay a residential area. Why would you
allow expansion of a residential area and then allow a mine to be built right next to it. It
was a huge conflict of what was going on in the City. If they went through the code the
listing of mining was under industrial and extraction because it was industrial. They were
City of Streetsboro Planning and Zoning Commission
Regular Meeting June 14, 2016
Page 5
processing and manufacturing a product (asphalt) which was mostly in the north section
of the City, he couldn’t find any of that in the south end of the City. The other thing they
needed to look at was this property was not “out there”, we keep saying rural residential
like it was out in a field somewhere. It was not out in a field somewhere, this property was
in a pocket. It was surrounded by R-T, R-1, O-C on the east, south, part of the west and
also on the north. It was not sitting by itself, it was not 12 miles away where no one was
going to see it. We live there, we see it all the time. If they go into the zoning
classifications O-C was Open Space Conservation which to protect ecological balance in
the area, conserve natural resources, rivers, tracks of forest lands, etc. It was mostly the
same for all of these districts, accommodate single family residential use while promoting
open space single family residential development. They all say this. He didn’t see where a
mine promotes this. It was going in completely the opposite direction. The next thing they
need to talk about, and he kind of got it, that we should allow that man to do whatever he
wants with his property because this is America. He got that but for a planning official that
is chaos. If everybody could do whatever they wanted to do then the commission should
just go home because there wasn’t any point. We need to think about this. There is an
impact on the neighbors. Look at the well logs. He had picked up 32 of the well logs. This
mine was 215 acres, 80 foot deep. Of the 32 wells just to the south, 68% are less than 80
foot deep so tell me there was not going to be an impact. There would be something
happening there. Trucking. He had also heard that there really would not be too much of
a difference in the amount of material coming out, it would kind of average itself out. Well,
if you take 215 acres and he just did a rough area- he was sure they would change the
area to maximize how much material they can get out of the ground but you’re talking 26
million cubic yards of material. Now this is approximate and could adjust a little bit but if
you look at the truck loads and he was basing it on 20 yards because usually a Mack Mini
Wheel will take about 20 yards but it was gross vehicle weight so you don’t always look at
the yards of that but total you are talking about 1.3 million truck loads which was almost
33 thousand loads in a year which was 105 per day and the code specifies several
different working days and working hours so he was not sure which to pick but we’re
down to either one truck every 4.7 minutes or one truck every 6.85 minutes which would
be a hell of an impact. When the applicant says there would not be much of an impact but
he sees a truck shooting out every 5 minutes that was a big impact. Another problem we
have out there is the dust. He lives not too far away on the east side of SR 14, there were
a lot of westerly breezes so the dust could be really strong sometimes and he did get the
asphalt odor which was part of the process. If you looked at the aerial you would see a lot
of exposed soils out there drying in the sand. When it’s dry it blows and he could tell the
commission that it blows pretty good so to hear some people say that there was not a
dust problem they must live in a perfect location because it was just not the case. His last
point, going to various Council and general meetings, it didn’t seem like certain folks are
familiar with the code, specifically when he was at a commission [Council] meeting and
someone came up and said what happens if my well goes dry what’s going to happen
and it was like he had a flashlight and all the deer were looking at it, then one person said
you’ll probably need to get an attorney which was absolutely wrong. The code specifically
says what happens if the well goes dry. You can look in the code to find out what
happens if that instance takes place and what to do about. Here’s a person who gave an
answer but didn’t know the code. It’s in the code so why didn’t they know the answer and
City of Streetsboro Planning and Zoning Commission
Regular Meeting June 14, 2016
Page 6
why wasn’t it shared when that particular man asked the question. The fact that it’s in the
code shows that there can be a problem with well water so to say there shouldn’t be any
problem then why is it in the code and why does the EPA have all the regulations
regarding the contamination of wells. He pointed out that in an article that came out in this
week’s paper in which one of the Commissioners [Councilmen] said “it could conceivably
be a situation where we outlaw strip mines and there will still be a strip mine at Sahbra
Farms because it would be grandfathered in”. This is what he was talking about before, it
was not grandfathered in. This was the best part; “And we don’t have a piece of
legislation in front of us that says Stop Sahbra Farm yes or no”. You have a comp plan
and you have codified ordinances and you can come in here and change it at any time. If
the commission went through the code in Chapter 1101 to promote public health, safety
and general welfare; conflict- if zoning ordinances conflict with any other lawfully adopted
rules, regulations and ordinances, the more restrictive or that imposing the highest
standards shall govern. Inconsistencies basically says the same thing. Prohibited usesno use shall be permitted or authorized to be established which is or may become
emission of odor or dust. That’s the perfect scenario; that was written just for this
particular project. Nuisance says exactly the same thing. The code says it over and over.
The commission has the legislation, they were hearing everyone’s concerns and they
were real concerns, some people vocalize it better than others but the commission had an
opportunity to say no. They already said in the code and comp plan that they were
promoting the residential section of this and a mine is not going to do that. A mine is
going to turn it around as the gentleman said earlier, no one is going to build a million
dollar home there because there would be a giant mine. He hoped they consider the
people in the room who trust them and put their faith in this commission. They were
hoping they moved to Streetsboro for the right reason and not for the fact that they want
to continue an old style mining operation that just is not a contemporary use anymore.
Camilla Patterson, 8060 Diagonal Rd, knew the City was afraid to get sued by the Shelly
Company. She knew all of the Commission wanted to say no because this was not the
future of Streetsboro, it was not the gateway to progress. It’s not. It was nothing but ugly
and not one person wants it unless they’re with the Shelly Company. How many city
waterlines would have to be dug and put in because the wells will be damaged or dry?
She didn’t have the money just laying around to put in a water line. Property value where
she was located (directly across from the dig) has been statistically shown to drop 30%
which would devalue her home $76,500 which was a cut she was not willing to take and
she didn’t think the residents around her were either. She went to the meetings with
Shelly to see what they had to say. They said they would be digging for the next 40 years.
She was 33 years old so by the time they were done she would be 73 unless it took them
even longer to finish. She didn’t want to live her life looking at a pit in her front yard. Dust,
pollution in the air. She had so far heard nothing about radon. When she purchased her
home last year it had to be tested for radon; the level in her home was 11% so she had to
have a machine with a funnel through to her roof to get it down to a normal level so she
would like to know about that too. The brand new high school was there so it makes no
sense to expand a gravel pit when there would be kids playing football and soccer there.
She didn’t want her kids playing in a contaminated area where the dust goes. She would
like them to sees trees and natural beauty instead of industry. Gas wells are on that
City of Streetsboro Planning and Zoning Commission
Regular Meeting June 14, 2016
Page 7
property so if one was broken they would be contaminating all of the surround properties
and Akron’s water source. What happens to the people who work there now and have
their horses there now. When she went to the meeting with Shelly they said this would run
24/7 which meant noise and lights. She would be on the phone everyday with the police
to complain. She wanted to live in peace not listen to a machine run 24/7 and have lights
shining in her windows all night. This is a historical site, it has been around a long time.
She didn’t see one positive thing to come from a sand and gravel pit on the Shelly
[Sahbra] property.
Mr. Horsfall noted that there had been 30 minutes on this agenda item and asked for a
motion to extend the discussion.
Motion: Mr. Pavlick
To extend discussion for 30 minutes. Seconded by Mr. Kocisko. Upon voice vote
motion carried.
Carol Crock Pritts, 8945 State Route 43, has been a resident of Streetsboro for her entire
life, a member of the Crock family that has been here for over a century. She mentioned
due to an accident in the past week another long standing family (Wilcox and Pesichek)
was bring home two members of their family to rest in Evergreen Cemetery which sits on
a high ground that overlooks the beautiful valley below [Sahbra Farms] because this
community represents home to these families. This community is home to her also. She
gave some history of the Titus family and their donation of the City Square to Streetsboro.
She asked that they peaceable take this problem to all concerned to discuss and come up
with a solution. She thought the Shelly Company should respect the residents’ concerns
because they were neighbors and hoped the Shelly Company would chose the moral and
ethical high road and withdraw the application for the surface mining at Sahbra Farms.
Then the community could help Mr. Gross identify a purpose for the Sahbra farmlands
that would be acceptable to the neighbors and the larger neighborhood of Streetsboro.
Ray Schmit, 1824 Pleasant Valley Rd, commented he had heard from Shelly how
wonderful this would look but he has seen a picture of a Big Mac but if he goes to
McDonalds it don’t look like that so when someone tells him something like that it was
hard to believe. This was all speculation and no guarantees that it won’t hurt anything.
How do we know? The residents were here wanting the same thing so the commission as
their representatives should comply. Streetsboro had come a long way and over the 15
years he had lived here it has progressed. There were minor problems and issues but the
City was out there trying to make a positive stride. He saw this application as a
backwards move. Everything about the air quality and wells was speculation because no
one knew what would happen but he could tell the commission that with what was there
now he saw dust, he smelled it; it was not all the time because it depends on which way
the wind was blowing. Sometimes in the summer he would come outside and everything
was covered in dust and could smell the asphalt which was nasty so he goes in the house
and closes the windows and most times it’s gone in a day or so. They say they tested the
air but to get an accurate test they would need to test for a year and look at the trends. He
and all his neighbors were trusting the commission to make the right decision.
City of Streetsboro Planning and Zoning Commission
Regular Meeting June 14, 2016
Page 8
Jim McIntyre, 8916 Topaz Terrace, stated he had served on both BZBA and Planning
Commission for 10yrs in the past. When he was on the Planning Commission the City
hired consultants and went through a process to come up with new master plan. One of
the changes they decided to make was to take open pit mining out of permitted uses. He
learned this evening from Mr. Allen that five years after the 2009 master plan [zoning
code update] they added it back in. That was dumb, his commission had seen this coming
and tried to prevent it. It was a previous administration and this one had nothing to do with
it.
Mayor Broska thanked him for pointing that out.
Mr. McIntyre continued with a gravel demonstration stating that Streetsboro was at the
southern extreme of the glaciers millions of years ago. Like a bulldozer 350 miles across
and 100 feet wide the glacier was solid ice. The glaciers scooped up gravel and left it
here when the glaciers melted which was called a moraine. The problem is that in the
millions of years since the Cuyahoga River has washed soil down from Geauga County
so the moraine was covered with 80 foot of soil. The glacier was so efficient it dug all the
Great Lakes, Aurora Lake and the swamps in Streetsboro which the commission has
done its best to guide developers around those ecological targets. Gradually the water
leaching down to the soil on top got to the clay and the gravel left by the glaciers so the
water fills in the gaps which made the water table. It’s between 64 and 80 foot deep. In
his 40 years in the building business he had been involved in the construction of 2500
houses from North Madison to Medina. When the aquifer was full of water and stones the
water moves through the stones very well. When you drill a hole it’s like a pin prick and
the water squirts out so when they put a huge hole in it the water pours out and it will
affect the area water levels. The initial statement from David Gross was that there would
be a lake there to build around within 5 years – now they are saying it will take 40 years
but he pointed out that Hugo Sand and Gravel had been mining in Twin Lakes since
1920. How long would it really take before there was another Cowan Lake – 100 years?
He reminded the commission that they had the ability to deny the conditional use permit.
The commission he served on had tried but was overturned and now they were reaping
the consequences.
Pearl Pullman stated she had four homes in Streetsboro and used 1491 Morgan Way for
her address. She questioned why individuals from all around Streetsboro were involved in
this issue when they didn’t live next to the proposed mining. She spoke about a meeting
she remembers attending but couldn’t remember if it was this commission or council. She
said the biggest problem they had right now was over reach because she didn’t think
these people spoke for everyone. She said the high school project was measured for
issues with noise and pollution which came up negative. She didn’t like the idea of the
schools being next to Shelly and she fought but none of these people were at those
meetings. She asked about the fact that this might produce a lawsuit. She said she
agreed that the neighbors had a right to have a barbeque without asphalt but there has to
be a better way than to involve the entire City. This was more than just an amendment, it
was control of other people’s property. These people should not have their property
City of Streetsboro Planning and Zoning Commission
Regular Meeting June 14, 2016
Page 9
infringed upon by Shelly nor should Shelly be infringed upon by them if Shelly is not
hurting them. She started speaking about this item going to council and that the
commission should not pawn off this issue on Council [this item does not go before
Council].
Dr. Jennifer Maxwell, 8040 Diagonal Road, stated the commission had the opportunity to
make a difference in the future of Streetsboro. She spent a lot of time reading the Master
Plan, looking at the zoning requirements and the conditional zoning certificates. She felt
there was concern that there would not be enough support for the commission to be able
to have the ground to stand on to deny this permit but she felt they had a great deal to
stand on. Both had been written very well which is lucky if you are hoping not to have a
gravel mine across the street which she was. The requirements of the conditional zoning
certificate is that it be harmonious with and in accordance with the general objectives with
the Streetsboro development policy plan. That it would be designed and constructed to
again be harmonious and appropriate in appearance with existing or intended character
of the general vicinity and that such use will not change the essential character of the
same area. That it will not be hazardous to existing or future neighborhood uses and it will
not be detrimental to property in the immediate vicinity or to the community as a whole.
Over and over in the comprehensive plan you see the same themes, the plan was almost
200 pages so obviously she was focusing on small amounts that deal specifically with this
issue. It says the proposed plan should be evaluated on it’s compatibility with the future
land map use and supporting goals and policies and that the plan was very clear what
rural residential looks like. She cited directly: ‘the most frequent concern by Streetsboro
residents and a priority seen as a survey result was sensitivity to the environment, the
community character, to establish a community identity that evokes a sense of place,
pride and quality.’ The comprehensive plan states, ‘land use was the culmination of the
relationships among all other elements of the Comprehensive Plan.’ That was on page
81. One of the primary goals of rural residential zoning was to maintain the rural
character. In terms of implementation, from the Comprehensive Plan, one of the things
that people are reminded of was to be proactive instead of reactive (she again was citing
directly). The City should take an aggressive stance on preferred development, property
acquisition for preservation areas and funding opportunities. In terms of the environment
the goal was to preserve, protect and connect areas of significant environmental
importance, optimize the value and benefits of those resources of the community and
minimize the impact of development. Additional surface mining is obviously not consistent
with this. The sub-headings under this objective was encourage sustainable responsible
development list; practice minimal site disturbance i.e. minimal tree clearing, minimal
grading, and minimal filling of wetlands. Stripping all of that off is obviously not minimal
site disturbance. Configure development around natural features, work with existing
topography to minimize site disturbance and do erosion control and best management
practices. Once again under implementation we see land preservation as another
objective but it was a high priority to the City and residents according to the survey;
protecting forested areas, ground water protection and wild life corridors were rated at the
highest concerns. She continued to read from the Comprehensive Plan preserve natural
features and open space, to establish a community identity that evokes a sense of pride,
place and quality and finally to promote the City as a family friendly place to live, to
City of Streetsboro Planning and Zoning Commission
Regular Meeting June 14, 2016
Page 10
promote the abundance of natural features, to promote the City’s assets and values as a
family friendly place. Surface mining was contrary to these things. Obviously there was
surface mining already here but the Master Plan has been designed to govern
development in the future. Objective 4 on page 132 of the Master Plan was ‘Rural
character was a major asset of Streetsboro. An effort should be made to protect these
elements as much as possible.’ It should be proposed to maintain these areas as they
exist today. She agreed that people should be able to work together to come up with a
resolution that would work for everyone. Surface mining clearly does not. [Dr Maxwell
turned in her notes informally after the hearing – see attached]
John Ruediger, 1175 Tinkers Green, commented he was not here to represent any
organization, committee or Council [he is Ward 2 Council representative] but merely as a
private citizen. He heard concerns about dust but his understanding was that the mining
would be done under water. He heard concerns about contamination to the drinking water
but how did removing minerals from the water create contamination. He asked how this
could not be harmonious to the area when right next door there was already mining going
on. His concern was that the commission allowed a school to be built right next door to
this plant. He wished this many people had been concerned about the health of the
children of the community when they were putting the high school next to the plant. He
heard concern about strip mining but he was more concerned about strip clubs which was
still in the zoning. He asked what the future was for this property. The owner was already
told no to a Legacy Village type of idea, no to a development like a Ryan Homes type
area and now people were asking he be told no to strip mining. He wanted to hear
another option for this property.
Mr. Horsfall asked that the remaining people who wished to speak not repeat what had
already been said and asked for a motion to extend the discussion another 20 minutes.
Motion: Mr. Pavlick
To extend the discussion 20 minutes. Seconded by Mr. Winkler. Upon voice vote
motion carried.
Julie Field, 264 Sapphire Lane, stated she was on City Council and represented the
people in this ward as well as generally the whole City. She added that she was not being
intimidated by anyone. It was her role as a Councilperson to weigh in on the voice of the
residents as well as what is ethical and appropriate. She met with Shelly months ago, in
the fall and felt they were a nice group of people and she wished them the very best but
what they wanted to do in our City was just not appropriate, it was very clearly not
synchronized with our Master Plan. There was a reason that this was taken out at some
point. No other surrounding communities other than Shalersville allows for strip mining.
We are at a very significant juncture for our City. We are a community of progress with a
lot of potential and this would really set us backwards. She lives on the other side of
Streetsboro at the border of Hudson and Streetsboro so as a resident even though it will
not impact her in that regard it does impact every single resident in the entire city because
what they are proposing to do is to change what our City represents in the future. It was
not strip mining. We have tons of young families. This would change the face of
City of Streetsboro Planning and Zoning Commission
Regular Meeting June 14, 2016
Page 11
Streetsboro in a very negative way and they just had to look at the Master Plan to back
that up. She wanted to respond to some of the comments that Jeff Allen made (she
wished he had stayed for the meeting) and specifically the assumption he made that
urban sprawl would occur if the vote was no because obviously we know that is not true
since there were so many things that could be done with that property. It didn’t have to be
strip mining to avoid an increase in population there or industry there although strip
mining was pretty much an industry. She could not think of one good reason for allowing
this in our community. Not one good reason to allow this to move forward. She thought it
was a very clear and easy decision. She said if they could not note and prioritize the voice
of the residents then at the minimum they could simple fall back on the Master Plan and
what that provides for. This was not part of the future of Streetsboro.
Jim Estock, 8518 Diagonal Road, thought that Shelly had made it intentionally difficult if
not impossible to accurately review their conditional use permit application due to nonresponses to permit questions, boiler-plate responses to other questions and efforts at
misdirection to others. For example, residents who attended the November 2015
Shelly/Sahbra Farms meeting at Windgate Hotel may recall that spokespeople specifically
stated that the mining process would be accomplished with a very quiet electric dredge
however at different locations in the current conditional use application the applicant
states “extraction will involve drag lines, excavators, floating dredge or similar equipment.”
And that “the material would be trucked or otherwise transported off-site” while elsewhere
it refers to “typical mining methods, not limited to, excavator, floating dredge or drag line.
Sand and gravel will be transported by means of conveyors or trucks to the existing
plant”. It appears that Shelly has initially trying to placate concerned residents by
understating the type and amount of equipment to be used onsite. He questioned what
equipment was to be used and how does the commission know to make a decision based
on what they submitted because the information was not consistently communicated. A
traffic study that was paid for by the Shelly Company notes the following: “Current heavy
truck traffic into Jefferson Materials is 35,000 trucks per year or 70,000 round trip truck
trips per year averaging 205 trucks per day resulting in 410 in and out truck trips per day
at the Jefferson facility. By final strip mine expansion in 2019 heavy truck traffic will be
55,000 trucks per year or 110,000 round trip in and out truck trips averaging 332 trucks
per day resulting in 664 in and out truck trips per day at the Jefferson facility. Total daily
truck traffic from all sources on State Route 14 were increased from 1,656 to 1,917 trucks
per day, a 16% permanent increase in heavy haul truck traffic. Over 30% of all truck traffic
on State Route 14 will originate from a single un-signalized private driveway.” Note that,
per Shelly’s traffic study, 90% of all strip mine heavy truck traffic will enter from and exit to
the west; 104,500 round trip truck trips per year will crawl from a standing start at an unsignalized stop sign, turn left onto State Route 14, crossing a single east bound vehicle
lane and drive west where they will immediately encounter a 20 MPH limit in the new
untested Streetsboro High School traffic corridor comingling 104,500 heavy haul trucks
with local buses, newly licensed teen aged drivers, as well as teachers and families all
coming and going to school for school related events. Try to envision what impact
104,500 heavy haul trucks traveling at speeds of 0 to 20 MPH over a half mile or more
stretch of State Route 14 will have on the general traffic flow of vehicles entering and
leaving Streetsboro. He had other comments regarding their traffic study which he would
City of Streetsboro Planning and Zoning Commission
Regular Meeting June 14, 2016
Page 12
submit to the commission in writing rather than take up more time at this hearing. Per
1153.03(c)(1) a conditional use permit may be issued if the Streetsboro Planning and
Zoning Commission finds that the proposed use of the land (strip mining in this example)
is harmonious and in accordance with the Streetsboro Development Policy Plan. Per
1153.03(c)(2) will be designed and constructed so as to be harmonious and appropriate
in appearance with existing or the intended character of the general vicinity and such will
not change the essential character of the same area. Harmonious is defined as having
parts that are combined in a pleasing way or (2) not experiencing disagreement or
fighting. Shelly asserts that its purported use of Sahbra Farms as an open pit strip mine is
consistent and harmonious with existing land uses. Of the entire land area of the City of
Streetsboro, less than 2.4 % is used for mining by three companies. That means 97.6% of
the City is not used for mining. The open pit strip mining which Shelly proposes to operate
would be harmonious with just one other property in the general area; Jefferson Materials.
From the required list of 25 adjoining properties that Shelly was required to produce, the
only other open pit strip mine is the one that the Shelly conglomerate currently operates;
Jefferson Materials. The time and opportunity to strip mine Sahbra Farms has long
passed. Since the Jefferson Materials operation began business over 50 years ago
several hundred homes have been built in the vicinity of Sahbra Farms. The proposed
strip mine is not harmonious and can never be combined in a pleasing way with these
hundreds of neighboring residences surrounding Sahbra Farms on three sides. Calling a
proposed strip mining operation harmonious with just one neighboring property when it is
not harmonious with hundreds of other neighboring residential properties is like saying
that if 2.4% of the City’s population votes Republican then you have a Republican
controlled City. It was simply not true. In another meeting of the City on the topic of the
future of open pit strip mining within the City, a city official expressed concern about being
sued for denial of the conditional use permit. The moment our decisions are based on that
fear alone we are no longer a democracy, we become a plutocracy ruled by the wealthy.
Streetsboro residents have been quite vocal in their opposition to any new strip mining in
the City. We support the Streetsboro Planning and Zoning Commission in their denial of
this conditional use permit.
Brian Malone, 8525 Tanager Lane, stated he lived in Quails Chase just off of Diagonal
Road. His family moved to Ohio and settled in Streetsboro about 6 years ago. He sold his
home here 2 years ago to build in Quails Chase because he liked the direction the City
was going, liked the direction the schools were going because he has two young children
and the overwhelming comment he wanted to bring to the Commission was that the
people that stand up against this was a large volume of people who were his neighbors.
Does this affect him in Quails Chase as much, maybe not, he didn’t know. He does smell
asphalt and see dust. If there were air tests done at the school site that say that the air
quality was fine, they were not factoring in a 200 acre strip mine next to it, that was not
taken into consideration. People seem upset that want this thing pushed through that all
these people didn’t show up for the school meetings when they wanted to put up the
school next to the asphalt plant which, by the way, you can hardly see from the road and
was not easy to see when you come into the City. You’re right, they didn’t. We built a
beautiful school. We built something to be proud of and that everyone that comes into the
City can appreciate. They didn’t put crazy things like an oil refinery or a chemical plant or
City of Streetsboro Planning and Zoning Commission
Regular Meeting June 14, 2016
Page 13
a strip club or something crazy like a strip mine for everyone to see when they come into
the City.
Robert Cowan, 8446 Diagonal Rd, said he had some experience with mining gravel and
could answer the question about where the dust comes from. The dredge does not
produce the dust but once you bring it to the surface it has to be sorted, graded by
conveyor belts. There was a lot of sorting and grading that happens along with loading it
on the trucks so it does generate dust.
Mark Carroll, 7743 Twin Hills Road in Franklin Township read a general letter from the
Portage County Sanitary Engineer [Exhibit B] when they were discussing bringing in their
county water district in your Twin Hills neighborhood. It said that the average home was
going to be between $6,000 and $7,000 to voluntarily go into the water system based on
40 feet of frontage. It was $100 per footage for the tap-in fee. His house would have been
around $19,000 but the County said they cap it at $15,000. So if these wells would go bad
that’s what he was looking at. He did a little bit of geology research by going to the ODNR
website which were public records online. When you go to the north end of Twin Hills, the
shallowest well was 62 feet and then all the way down to Walnut which is where Twin
Hills ends (half the street is in Streetsboro and half is in the township) when you get to
Walnut which sits on a hill, those wells are around 112 to 120 feet. [Exhibit B]. The things
that ‘might happen’ are scary when you are a home owner. He was a middle class
average guy, semi-retired who basically wanted to be retired but couldn’t afford it. He
gave the commission an article from the Record Courier from July 2004 [Exhibit C] when
Akron petitioned ODNR to allow a private company to come in by Lake Rockwell to open
a quarry which would be opened into Lake Rockwell to make Lake Rockwell bigger for the
Akron water supply. He spoke to both Mr. Cooley and Mr. Plusquellic to ask what Akron
would do if it affected his well and the answer he got from the City Solicitor was that under
state law they had no obligation. To the best of his knowledge that hadn’t changed. So if
several hundred people were to lose their wells it would be a tremendous expense and
inconvenience to them and it would lower the property values. He worked as a park
ranger and park manager for ODNR and saw the two different political parties going to
extremes on minerals; one party would say don’t dig anything and the other party would
say dig to China but he didn’t know that either of those parties was a correct view of the
picture. He was one party and his wife was the other and he didn’t live in Streetsboro but
was appealing to the commission as the guy down the road asking the commission to
protect his property. He thought Shelly could make money elsewhere that would not
endanger other peoples’ property. There were large farms in the middle of nowhere that
had the same mineral resources. Although he did know Bill, he has never met Mr. Gross
but if you buy a horse farm it’s a horse farm and if you try to take if far away from that
what would you expect from the neighbors and political authorities. It’s a horse farm and
there’s a lot of things you can do with a horse farm without lowering everyone else’s
values. He asked they put themselves into his shoes. What if you owned a home that you
had for 15 years that you bought thinking you were next to this beautiful horse farm and
now someone wants to put in a quarry that might make you lose your water and will
definitely lose the ambiance of the neighborhood.
City of Streetsboro Planning and Zoning Commission
Regular Meeting June 14, 2016
Page 14
Mr. Horsfall thanked the audience for bringing their concerns and thoughts to the
commission and promised to investigate all the concerns in their consideration.
Motion: Mr. Pavlick
To close the public hearing. Seconded by Mr. Winkler. Upon voice vote motion
carried.
Mr. Horsfall said they would take a 10 minute recess [8:30] so the audience could leave if
they choose to.
Mr. Horsfall brought the meeting back to order at 8:44pm.
Crane Centre/State Route 43 – Twinsburg Public Safety Institute – conditional use
permit for indoor gun/archery range with incidental usage as a safety education center,
minor retail and gunsmithing
Mr. Horsfall said this was again a conditional use so they start with a public hearing.
Motion: Mr. Mr. Pavlick
To open the public hearing for Twinsburg Public Safety Institute. Seconded by Mr.
Randolph. Upon voice vote motion carried.
Paul Yupa, 8749 Seasons Rd, wondered if, by code, you were allowed to discharge a
firearm inside a building or within 400 foot of any building when you are not hunting in our
City.
Tom Seamon, 8957 Sandpiper Drive, seconded the motion of Mr. Yupa because he
heard shots from a gun behind his house all the time.
Motion: Mr. Pavlick
To close the hearing. Seconded by Mr. Kocisko. Upon voice vote motion carried.
Motion: Mr. Pavlick
I hereby move on this 14th day of June, 2016, the Streetsboro Planning and Zoning
Commission consider a conditional use permit for Twinsburg Public Safety
Institute, Crane Centre/State Route 43, Parcel # 35.006.00.00.004.000 to operate an
indoor gun and archery range with incidental usage as a safety education center,
minor retail and gunsmithing. Seconded by Mr. Richmond.
Roll call: Yes – 6, No – 0. Motion carried.
Mr. Horsfall asked all who wanted to comment on this item to come forward to be sworn
in. Three people were sworn in.
City of Streetsboro Planning and Zoning Commission
Regular Meeting June 14, 2016
Page 15
Bill Ryan, 1866 Glenwood Drive Twinsburg, Ohio proposed operating a training facility
with a 25 meter indoor gun range and a 30 yard indoor archery range; five lanes, three
ranges, a small gun shop, 4 integrated classrooms, a club house and a gun smith.
Mr. Horsfall stated the question before them was does this use fit in proposed area.
Mr. Cieszkowski said there wasn’t anything to add to his memo comments and reminded
the commission the proposed use does not have specific conditional use standards so as
a result the only conditions the commission has to consider this evening are the six
general conditional use standards as outlined in his review. He recommended approval
since, in his opinion, the proposed use in the proposed location conforms to the general
use standards in 1153.03 of the zoning code.
Mr. Vazzana confirmed that there are various standards for discharging a firearm in the
City of Streetsboro as it relates to distance from homes and property lines and permits
required; that code section was not applicable to an indoor firing range per 549.10(g).
Mr. Horsfall read per “Section 549.10(g) the provisions of this section are not applicable to
an indoor firing range.”
Mr. Kocisko asked what was considered small for the retail establishment.
Mr. Ryan replied it would be less than 15% of the overall building per the code. It would
be 20 foot of counter space and would be clothing and gun accessories i.e. holsters,
ammunition, targets, etc.
Mr. Cieszkowski affirmed that would be accessory to the principle use of indoor gun and
archery range.
Charles Negal, 987 Maddenly Road, Hinckley, Ohio was a project manager for the
project’s design for the facility and had a lifetime of construction experience. He was in a
position to fast track the application and hoped to be able to break ground and be under
roof this year. He offered to do anything to accommodate the City in terms of building
codes.
Mr. Yupa asked Mr. Horsfall to re-read the code section.
Mr. Vazzana showed him the code section on his laptop.
Motion: Mr. Pavlick
I hereby move on this 14th day of June, 2016, the Streetsboro Planning and Zoning
Commission approve a conditional use permit for Twinsburg Public Safety
Institute, Crane Centre/State Route 43, Parcel # 35.006.00.00.004.000 to operate an
indoor gun and archery range with incidental usage as a safety education center,
minor retail and gunsmithing. Seconded by Mr. Kocisko.
Roll call: Yes – 6, No – 0. Motion carried.
City of Streetsboro Planning and Zoning Commission
Regular Meeting June 14, 2016
Page 16
Mr. Horsfall reminded the applicant he still needed to apply for site plan review.
1900 Annalane Drive – Streetsboro City School District – site plan amendment for
partial demolition/renovation and new addition of existing high school to become new
middle school.
Cliff Brown, 2841 Riviera Drive, Fairlawn, Ohio and Tim Ruzik, 81 Harcore Drive, Akron
Ohio, both from FMD Architects presented the partial demolition and renovation of the
existing High School that would be converted into the Middle School; it was part of the
Streetsboro City School District master plan and was in partnership with the OFCC. This
phase of the project would entail, after the vacancy of the old high school once the new
high school was built (which should come online in January of 2017) construction,
demolition and abatement which would start on converting the existing High School into
the new Middle School. The plans illustrate that the existing building has multiple levels
but the new plan shows the whole building all on one level, very ADA friendly, and the
oldest portion of the building which they were removing (the majority of the classrooms)
would be done in two phases. First would be to replenish as many classroom as needed
for the school district and then give a new facelift to the building. The addition
encompasses two additions, one was the classrooms which was approximately 11,000
square feet to the west and 1,400 square feet which would bump out the front of the
building that would include student dining and a new administrative area. They would reskin the front of the building to give a definitive front door and new identity for the Middle
School.
Mr. Ruzik said the bump out would provide relief to the flat façade and the classroom
areas to the west and the signage above the plaza would become an entry portal into the
building
Mr. Cieszkowski had nothing to add to his comments but wanted to point the commission
to item one in his memo that the applicant would be applying for a variance to the Board
of Zoning Appeals to omit the code required barbed wire around the existing
telecommunications tower that was to remain on the site.
Pearl Pullman, 1491 Morgan Way asked if the radio station would be at the Middle
School.
Mr. Brown said the physical radio station would be relocated to the new high school but
the relay system that the radio station needed to utilize at the new high school would still
beam back to this tower so the tower would remain. The fencing around the tower would
be removed and replaced which was why they would go to the BZBA for the barbed wire.
Mr. Horsfall reminded the commission that the new tower at the high school had the same
consideration.
Mr. Brown said the School District had been considering relocating an existing tower to
the new High School but plans had changed and this made it feasible to utilize the
existing tower at the High School right now.
City of Streetsboro Planning and Zoning Commission
Regular Meeting June 14, 2016
Page 17
Mayor Broska thought it looked great and he appreciated all their efforts.
Mr. Brown thanked the Mayor on behalf of the School District and thanked the City, Mayor
and Commission for all the help with the projects brought before them.
Motion: Mr. Pavlick
I hereby move on this 14th day of June, 2016, the Streetsboro Planning and Zoning
Commission approve a site plan amendment for Streetsboro City School District,
1900 Annalane Drive, Parcel # 35-057-00-00-019-000 to partially demolish/renovate
and construct an addition to the existing High School building to become the
Middle School. Per site plan received 5-19-16 and revised 5-25-16. Planning &
Zoning Commission approval shall be contingent upon administrative review and
approval by the Planning & Zoning Director of revised plans and items being
provided as noted in the Director’s June 2, 2016 memo. No construction shall
commence until a zoning certificate has been paid for and issued by the Planning
and Zoning Department and a building permit has been paid for and issued by the
Building Department. With the stipulation that before any occupancy permits are
issued, a final inspection is made to insure compliance with all City requirements
and the approved site plan. If future expansion or signage for the project is
indicated on the site plan it will not be approved at this time. Seconded by Mr.
Winkler.
Roll call: Yes – 6, No – 0. Motion carried.
8471 Ferguson Rd – Diezic – conditional use permit/site plan amendment to allow a
private ATV track and motocross track
Mr. Horsfall stated this would be a public hearing.
Motion: Mr. Pavlick
To open the public hearing for conditional use. Seconded by Mr. Kocisko. Upon
voice vote motion carried.
David Brokaw, 8723 Ferguson Rd, who lives 2 doors from Mr. Diezic commented he
thought this problem was solved. He said Mr. Diezic put the track 2 or 3 years ago without
City approval and without notice to any of the neighbors which meant the neighbors
complained to City Council and this commission about the excessive noise and dust
being created by this ATV track. He said it was really bad and defined an irritant. Since
that time to the best of his knowledge the City of Streetsboro had been in ongoing
litigation with Mr. Diezic because he failed to get the necessary permits to modify his land
for the track. He thought the commission should delay any decision until the court case
between the City and Mr. Diezic had been resolved. It seemed inappropriate that the
commission should be considering something that was in litigation by the City. He thought
this was an end run by Mr. Diezic to get it approved and was concerned with the legality
of the decision.
City of Streetsboro Planning and Zoning Commission
Regular Meeting June 14, 2016
Page 18
Cecille Lear, 8541 Ferguson Road, is a directly adjacent property owner and was
surprised to see this issue before the commission again. She hoped the Planning
Commission denies it. She received a letter from John Diezic in her mailbox (unstamped)
saying how the City was suing him and ‘you could be next’ and was a little resentful about
it because Mr. Diezic failed to follow federal law so she doubted he would follow
Streetsboro’s. The situation over the last three and half years which has been videotaped
shows that the noise was overwhelming. It was not for a period of recreational riding with
your children as has been described; at best it was incredibly bad because you couldn’t
open windows and doors or be outside to mow the lawn or enjoy your property because
of the noise and dust. She thought if they wanted to ride like normal people do on the
grass around the property okay but no established dirt tracks should be allowed on the
property. A dirt track would greatly reduce the salability of her property and greatly
reduces her property value. She didn’t want to sue because of the track but she may have
to. She hoped the Planning Commission would make the correct decision on this item.
She didn’t understand why riding the bikes on the grass would not be sufficient and why
they needed an established track.
Pearl Pullman, 1491 Morgan Way was confused again. She wondered how the City had
all these government panels but were not able to do anything about the complaints. She
talked about property rights. She said no one wants a child or an adult to suffer from dust,
noise or any of this garbage. She wanted both sides placated.
Julie Field, 264 Sapphire Lane understood that since this had been submitted as a
conditional use permit the commission had to review it and asked that as the commission
consider it they look at what is the intention of the Rural Residential area is. She
understood someone riding a dirt bike or whatever else they want on their acreage of land
which was within their right but when you’re considering an actual track (which was
already up because it was done illegally and now he’s attempting to make it legal) and
what that means not only for the neighbors but for the whole city because if the
commission allowed it here then where else would this use pop up. All these little tracks
all over the city that people could ride from morning to night. She didn’t think this was
appropriate. She hoped that Mr. Diezic could enjoy his property in a suitable manner with
respect for his neighbors. She thought a permanent track like this would belong in a more
populated area.
George Greenlee, 8580 Ferguson Rd stated this problem began almost 4 years ago. He
was one of the original complainants. Mr. Diezic was in violation of City codes and
ordinances and the City still hasn’t solved that problem yet. He wanted to know how Mr.
Diezic applied for the conditional use and a meaning for the use he planned to have.
Mr. Horsfall explained that this was the public hearing portion of the conditional use
application and following the hearing Mr. Diezic would be answering questions.
Mr. Greenlee said rural residential was residential and farm land. Mr. Diezic wants a
motocross track not for recreational use but to train to ride competitively which would not
be a permitted conditional use. He asked if the members had ever heard a 250cc engine
City of Streetsboro Planning and Zoning Commission
Regular Meeting June 14, 2016
Page 19
without a muffler on it and stated it could be heard a half mile away and was very
disturbing to all of the neighbors on Seasons and Ferguson Rd. Mr. Diezic put letters in
mailboxes stating he wanted to ride from 11 in the morning until 8 in the evening but didn’t
specify which days so it must be 7 days a week. There would be so much noise that the
neighbors will not be able to come out of the house to sit on the porch to enjoy their
homes and properties in this rural residential neighborhood. He hoped the commission
understood this involves not only the people on Ferguson and Seasons but also
anywhere in the City where someone has a piece of land and decides they want to put in
a dirt bike or ATV track. If the commission allowed it here there would be others that file
for the same track. This was not what the Gateway to Progress meant.
Paul Yupa, 8749 Seasons Rd believed that zoning does a couple of things in that it both
protects us and restricts us. We don’t live in Appalachia where there is no zoning. We live
in the City of Streetsboro and he believed that every piece of property has zoning
attached to it. That being said he heard a lot of times that it’s my property so I should
have the right to do anything I want. That’s not the case because you don’t want your
neighbor doing something that reduces the value of your property and likewise you don’t
want to do something on your property that reduces the value of your neighbor’s property.
There are different levels of that as you migrate from the center of town where it’s denser
to areas where we’re more spread out. There’s more tolerance for what you can do. He
didn’t have a problem with the kid that rides his bike in the evening around the yard, it
was noisy but he was a good kid and the resident didn’t get a bulldozer and build a
motocross track to accommodate him and his friends for training which is what the
commission is considering today. Not just one track but two tracks. The real question was
will this go beyond one person on one bike and how long would it continue, how many
friends will be there, will this turn into something that kids pay to ride on and what effect
will this have on the neighbors. This is not part of the code and would have an adverse
impact on the neighbors. If a buyer came to the home and listened to the noise it would
impact the sale of the home.
David Brokaw, 8723 Ferguson added that Mr. Diezic left a letter in his mailbox and
wanted to read what was on the outside of the envelope: “the City of Streetsboro is
prosecuting me for riding a dirt bike. You could be next!” so it seemed to Mr. Brokaw that
Mr. Diezic is advocating that everybody should be able to ride their dirt bike on their own
track in the backyard. He thought that was going too far.
Mark Crock, 8620 Seasons Rd stated his land abuts this property on the northwest side.
He was not real fond of telling people what they can and can’t do on their own property
except when it affects someone else’s physical and mental wellbeing which this track is
definitely doing this close to the neighbors. Fortunately he has about 400 feet of trees
between his home and the track but he could still hear the noise. He had neighbors who
had dirt bikes and he had one when he was a kid but this is over the top and it needed to
be stopped because it was too much.
David Hess, 8793 Ferguson Rd said he lived directly in front of the applicant’s property.
He said you could hear it, when Mr. Diezic started it was pretty loud but now there were
City of Streetsboro Planning and Zoning Commission
Regular Meeting June 14, 2016
Page 20
different pipes [on the bike] so it was not as loud. He didn’t have any problem hanging out
in his backyard when they were out there riding. He affirmed there was dust. He
suggested limiting the times when they were allowed to ride.
Mr. Greenlee asked something about the code violation but it was undistinguishable. He
said they had come to the City to file a complaint of violation of the City ordinances for
noise control in 509.10 and he asked the City to work it out.
Motion: Mr. Pavlick
To close the hearing. Seconded by Mr. Richmond. Upon voice vote motion carried.
Mr. Horsfall said they were now moving to the consideration of the conditional use permit
application.
Motion: Mr. Pavlick
I hereby move on this 14th day of June, 2016, the Streetsboro Planning and Zoning
Commission consider a conditional use permit for John Diezic, 8471 Ferguson Rd,
Parcel # 35.073.00.00.002.000 and 35.073.00.00.002.004 to use property for private
ATV track and motocross track. Seconded by Mr. Randolph.
Roll call: Yes – 6, No – 0. Motion carried.
Mr. Horsfall stated the motion to consider passed and now the commission would
consider whether this use fits in this instance in this zoning area. He asked all who wished
to speak be sworn in to tell the truth.
Bill Carlin stated he was an attorney for Mr. Diezic but also a close family friend.
Mr. Vazzana affirmed Mr. Carlin was exempt from being sworn in.
Mr. Diezic and two other residents were sworn in.
Mr. Carlin, 33509 Allenbury, Solon came here with Mr. Diezic who he knew for many
years. He stated that Mr. Diezic was very excited when he moved in because it was 33
acres with tracks and he loves riding his bikes. It was clear that the people who used to
live there rode bikes on these tracks. When he first started there was dust generated so
when he got the first complaint he spent thousands of dollars to water down the tracks so
there would be no dust. He couldn’t believe if there was dust there now that it was coming
from this track because there was another track nearby that he thought was generating
the dust. He had seen it. He said Mr. Diezic wanted to be a good neighbor so when there
were complaints about noise he had contacted an engineer to ask how to reduce the
noise and new innovative mufflers that decrease the noise by almost 60% were bought at
great expense and installed. They reduced the noise but not all of the noise because they
were not silencers. Mr. Diezic had taken one track at the front of his property and moved
it further back towards the woods and were now growing corn and soybeans on what was
the front track. Mr. Carlin did a decibel reading from various trucks going by and from
Harley Davidsons driving by and discovered that the noise generated from the track was
significantly less than the trucks, motorcycles and trains that went by. It was a little bit
City of Streetsboro Planning and Zoning Commission
Regular Meeting June 14, 2016
Page 21
more than the lawn mower. The track would not be open to the public. It was for John and
his son to periodically go into the yard, deep in the woods, at designated times and a
place in the back to ride their bikes. He said it was more like a path than a track and it
was not like a motocross track with no jumps so none of the sound from jumps. It was just
a track that they go around and they didn’t do it that often. Nobody else would be there, it
would not be open to friends or neighbors or anybody else; it was just him and his son on
occasion riding their bikes on his own property. He pointed out there were some
neighbors hunting there. He stated Mr. Diezic would be well away from the wetland, Mr.
Diezic had called in the Army Corp of Engineers and they agreed he was as far away as
he needs to be to comply with Federal Law. In every way this complies with all laws. He
said the hunters hunt on the property but Mr. Diezic tolerates it because that was type of
area it is; it is an isolated area. He asked the commission to pass the application. He
restated this was not like some big motocross track, it was a father and son riding their
bikes in the yard.
John Diezic, 8471 Ferguson Rd understood when he moved in he made a lot of noise and
dust so he eliminated the front track thereby eliminating all the dust and noise. He had
narrowed the riding down to 2 acres on the back of the property. He rode maybe one to
two hours a week and no friends were invited over because it was not worth the risk of
somebody getting hurt. He hoped the commission approved this because he was trying to
be a good neighbor, he did everything he could when the neighbors complained, he
watered the track and if it’s dusty they don’t even ride.
Cecille Lear thought if they were only going to ride for a couple hours then there was no
need to put in a dirt track. She knew there was riding before the Diezic’s purchased the
farm but they never rode to the level where it was necessary to call the police every
several hours and to come to the City to file the complaint. If the Diezic’s rode in the
manner as a father and son recreational use, to go for a little bit and ride, yes, it would
make a little path in the yard but that was acceptable. But that does not seem to be the
characteristics of what is taking place there.
Mrs. Pullman asked if the commission and the neighbors had recourse if the conditions of
the approval were not met. She wondered how the neighbors could be sure that this
would not wake them, etc. Did everyone get a copy of the conditional use permit? She
talked about the daycare permit she had to get in the 80’s.
Mr. Greenlee was sworn in and thought Mr. Diezic had misstated his intent of riding as
father and son in this meeting because of the letter he put in the neighbors’ mailboxes
which said he would not have many people riding. Mr. Greenlee said the previous family
to live there used to ride an hour a day and he couldn’t hear the bike from inside his home
so he never complained because the boy was riding a small dirt bike. Mr. Diezic was
riding a 250cc bike and up for racing. It was the same noise made in auto racing. He
didn’t think the neighbors should have to listen to that.
City of Streetsboro Planning and Zoning Commission
Regular Meeting June 14, 2016
Page 22
Motion: Mr. Kocisko
To extend the discussion on this item by 5 minutes. Seconded by Mr. Winkler.
Upon voice vote motion carried.
Mr. Carlin gave the commission one of the letters distributed to neighbors that was signed
by Bryan Miklich (8656 Ferguson Rd) and notarized but had no written statement from Mr.
Miklich only the information from Mr. Diezic. He said Mr. Miklich had no objections to the
conditional use permit. He said if any neighbor were to believe that this constitutes a
nuisance they could hire a lawyer to file a civil lawsuit. The civil laws were clear that if you
are making too much noise and making a nuisance then the courts have the right to
extinguish the use. He said there was a remedy in hiring an attorney to prevent him from
riding the motocross.
Mr. Diezic said on 11-12-12 he was charged with noise but he wasn’t riding that day that
was the neighbor was riding. He took the ticket but it wasn’t him. The guy two doors from
him bought the land just to shoot so at 6 in the morning he shoots until it’s dark. He
understood it because he bought the land and he likes to shoot.
Mr. Horsfall had heard twice that night about another track from Mr. Carlin and Mr. Diezic
that was the culprit and they were the ones making the noise so he asked Mr. Diezic who
this person was who owned the other track.
Mr. Diezic said it was not up to him to turn in his neighbor.
Mr. Horsfall asked for informational purposes because if that was the case and Mr. Diezic
was not making all the noise and dust shouldn’t the commission know about it.
Mr. Diezic thought the City knew who they were.
Mr. Horsfall asked if there was a lawsuit pending against Mr. Diezic.
Mr. Vazzana affirmed there was.
Mr. Horsfall asked if it was relative to their discussion tonight.
Mr. Vazzana said it was obviously a part of what brought us to this point in the sense that
it involves the use of one’s land with respect to the motocross vehicles and ATV’s but he
looked at that as the past and they were here tonight to decide the future. He forgot the
exact date but this commission met and determined that motocross track usage fell under
the conditionally permitted use of outdoor recreational used intensively. So, yes, the City
and Mr. Diezic have had many conversations back and forth over the years to try to work
to solve the situation to make it amicable for all parties and, yes, there have been charges
brought against the property owner. Right now the focus was aimed at the future and
whether or not this property, with what was presented to the commission today with the
addition of the staff report, does qualify as a conditional use within that zoning district
within the City.
City of Streetsboro Planning and Zoning Commission
Regular Meeting June 14, 2016
Page 23
Mr. Horsfall reported it was the 10th day of March when the commission made that
determination.
Mr. Vazzana affirmed.
Mr. Horsfall said he was making sure because these were questions raised during the
public hearing. He restated what Mrs. Field had said in that the applicant had applied for a
conditional use and the commission was required to consider the application.
Mrs. Vadaj asked if it was required by the court that the applicant apply.
Mr. Vazzana said the court had not issued an order and the case was still pending but,
yes, Mr. Horsfall was right that the commission should hear it.
Mr. Horsfall asked Mr. Diezic if he just wanted to apply because the opportunity was
made available to him.
Mr. Diezic said they told him he had to apply or he would be charged with a misdemeanor
for riding on his property which didn’t make sense to him because the law was passed in
2015 [new noise ordinance]. He said he didn’t know why people were saying the property
values would go down but he didn’t know who would buy 30 acres if they could ride a
quad or a dirt bike.
Mr. Horsfall asked what law was passed.
Mr. Diezic said that you have to get a riding permit to ride on a motocross track or ATV
track.
Mr. Horsfall asked him to clarify who “they” was.
Mr. Diezic said City Council? He was not sure but somebody passed a law and as far as
he knew he was the only one that was being made to apply for it.
Mr. Vazzana said he could clear this up. As it relates to tonight’s meeting we were going
back to the March 10th determination by the commission that the use as proposed by the
applicant tonight could possibly fall under the outdoor recreation used intensively.
Mrs. Vadaj clarified that they don’t fall under the use unless this group determines that
they do, correct.
Mr. Vazzana affirmed.
Mr. Kocisko was uncomfortable talking about this if the City was in court for it.
Motion: Mr. Pavlick
City of Streetsboro Planning and Zoning Commission
Regular Meeting June 14, 2016
Page 24
To extend the discussion 15 minutes. Seconded by Mr. Winkler. Upon voice vote
motion carried. Mr. Richmond voted no.
Mr. Vazzana stated Mr. Kocisko had a great point and he had heard the same from the
audience. He went to things that happen in the past versus things that happen in the
future so you have a charge pending in the courts for something that happened in the
past. You all might remember the idea that you cannot be accused of something you
haven’t done yet. So fast forward to this point tonight, there had been many conversations
between himself and Mr. Diezic’s counsel and the charge that’s pending with the City
about what happens tomorrow. Mr. Diezic could be found guilty, he could win and it’s
dismissed but what happens the day after that? The day after that in Planning and Zoning
laws is another day where a use can be done again and that use can again rise to the
level of a criminal violation within the City of Streetsboro and can also, as Mr. Diezic’s
lawyer said, be fodder for a civil suit between neighbors about nuisance and enjoyment of
their property. So while what we do tonight will affect the future possibly about what is and
isn’t allowed on that property and is much more defined possibly with conditions and rules
and restrictions for how it is done. What we do tonight will affect the future but the
violation in the past was stuck in the date when the violation was alleged and tonight may
or may not have any relevance to that but it doesn’t have relevance as to how we
determine whether or not the use does qualify and pass muster under the conditional use
standards for the City of Streetsboro.
Mr. Horsfall clarified stay focused on this applicant regardless of the past fitting into that
use in that specific area.
Mr. Vazzana said yes, with the footnote that what I led out with, I still stand firm by which
was that the concerns that have been raised and do relate at times to a past noise
violation was real and it did happen so he wouldn’t tell someone to stop talking because
that is part of the story that brings us here today but as it relates to evaluating of Mr.
Diezic and his application today, that is a different process than what was pending in
court right now. It was prospective, it looks to the future and what can and can’t be done
and what should and shouldn’t be done and what conditions or restrictions may or may
not be put on that use if it is determined that it does qualify as a conditional use within the
City of Streetsboro.
Mr. Pavlick said when they talked about this on March 10th 2015 they were talking about
he brought in dirt, he brought in all this stuff and made tracks and it was a big thing. What
is being presented is a guy who wants to ride his dirt bike and ATV on his property. We
don’t point out anyone else who just wants to ride their ATV. If they make noise and the
neighbors complain the police get involved. If Mr. Diezic returns the land to what it was
and just wants to ride his motorcycle he didn’t understand why this was here because
everybody in the city does this.
Mr. Diezic said the police were called because he rode a little 110 Honda across the front
yard. He thought the neighbors think it’s illegal to ride a bike across the yard. That’s why
there were so many complaints and it became a battle.
City of Streetsboro Planning and Zoning Commission
Regular Meeting June 14, 2016
Page 25
Mr. Pavlick was asking because there were dozens of people who ride their ATV’s in their
own yard. Mr. Pavlick asked Mr. Diezic if he was building a track.
Mr. Diezic said no.
Mr. Pavlick said he was not building a track he was leaving the land as it was. He was
riding the bike in his yard.
Mr. Horsfall said the request was for a private ATV track and motocross track but now Mr.
Diezic was saying he was not building a motocross track.
Mr. Diezic said if they consider a path going through the grass a track then it was a track.
Mr. Pavlick asked if Mr. Diezic was bringing in dirt or moving anything.
Mr. Diezic said no sir.
Mr. Pavlick asked if he was just riding on the land as it stands without changing anything.
Mr. Diezic said yes, sir. He said he learned his lesson when he did bring in some dirt so
he leveled it out and planted corn.
Mrs. Vadaj asked how much dirt he brought in.
Mr. Diezic stated a lot.
Mr. Horsfall said that area had been leveled out and was planted with corn and asked if
this application is for a separate area and no dirt has been added to that.
Mr. Diezic said they were asking about two tracks; the one at the very back of the
property to the left of his house was basically a path through the grass for his kids to ride
a 110 quad. The reason he said friends possibly is that he has little friends that like to ride
little quads but they are extremely quiet. Matthew and John came out and he revved it up
for them to show them it was not very loud. For the police to come because his 10 year
old rides a quad across the front yard was basically harassment.
Mr. Horsfall asked Mrs. Lear if, since the beginning, she has noticed any reduction in the
noise.
Mrs. Lear answered it had been considerably better this summer but she was working a
lot and gone a lot. She asked if this conditional use permit was granted would that stay
with the property forever; if Mr. Diezic were to sell it in 6 months can anyone come in and
put in a dirt track that extended all the way to the property line.
City of Streetsboro Planning and Zoning Commission
Regular Meeting June 14, 2016
Page 26
Mr. Horsfall asked if the commission was moving in the right direction because the
definition of conditional was that the commission would put conditions on the approval.
Mrs. Lear agreed with several of the commissioners that if he was just riding on a path on
the property do that. The fear is that he will bring in more dirt and do more to the property.
She had aerials showing what the changes were so far. And the property is dusty. Put
back the grass and just ride then okay but if it gets back to 10 hours a day then she was
going to call the police. To grant a conditional use permit for this would open a can of
worms for other parcels in the city and for any future owner to have the right to do
whatever they want.
Mr. Pavlick asked if the commission denied the conditional use Mr. Diezic could still ride
his motorcycle and ATV on the property.
Mr. Vazzana affirmed.
Mr. Pavlick said the noise issue was something the police would have to deal with if it
becomes excessive.
Mr. Vazzana said conditional use determinations are not precedential in that they don’t
set precedence; it involves one parcel and how that relates to the standard for granting a
conditional use. Moving back to that the police can show up when they’re called, the
Planning and Zoning could get a call, the law could get a call and say hey this doesn’t fit
the code, it’s too loud, it’s too dusty.
Mr. Pavlick asked if the land is back to the way it was and Mr. Diezic is riding his ATV and
his motorcycle out there he’s allowed to do that so there is no need for a conditional use
permit to do that because he was not building a track or any of that other stuff.
Mr. Vazzana didn’t want to answer yes or no. He would say at this point there was a
semblance of a track occurring.
Mr. Carlin said when you ride on grass…
Mr. Pavlick said you are going to get that.
Mr. Vazzana added given the Planning Commission’s similar use determination in 2015
he believed the facts that were presented were qualified to be reviewed. He was not
saying yea or nay but he believed once you determine tonight for what they are proposing
here does get them before the board for review.
Mr. Horsfall said they were again out of time but needed to get some conclusions for this
because supposedly the noise and the dust were not generated by Mr. Diezic at all. There
was this unknown person he kept hearing about. He had some people saying no and
some saying yes and asked if that had been investigated.
City of Streetsboro Planning and Zoning Commission
Regular Meeting June 14, 2016
Page 27
Mr. Greenlee said he’d been in his home since 1950 and they had never had any dust or
noise like this until Mr. Diezic put the track in which he did illegally. There was nobody
else in his neighborhood creating dust except Mr. Diezic. If the commission didn’t believe
him they should contact all the neighbors because they would tell the commission about
all the noise and the dust.
Mr. Horsfall said if that was indeed the case and Mr. Diezic was the only one doing that
then if the commission granted the use then the conditions would have to be such that
would get rid of the noise and the dust.
Mr. Greenlee stated if he wanted to ride why does he need a conditional use permit.
Mr. Horsfall affirmed.
Mr. Greenlee said there was an ulterior motive. He suggested they go out to the property
to see that the track was still there.
Mr. Horsfall said they could see with the satellite these days.
Mr. Carlin said if he doesn’t get the conditional use permit this would go on and on
because his neighbors believe this is illegal. He needs the conditional use permit which
would only be used for a limited purpose with a designated place and time the
commission sets forth.
Mr. Randolph asked if it was illegal for the gentleman to ride his bike with his son.
Mr. Vazzana said in certain situations it could rise to something he could be cited for but
he concurred with Mr. Carlin that a conditional use with the proper input from the
audience could be the way to control the use in a way that was not just did it get too loud
today (undistinguishable) because ultimately it just keeps coming back. The parties
involved have just not been able to come to a conclusion or resolution and Mr. Diezic and
his attorney and the Planning Commission in their similar use determination has provided
one such tool. While there are tools we can use this is one of those tools where all parties
get a say.
Mr. Pavlick pointed out that Mr. Diezic says that the courts are telling him that he has to
get a conditional use.
Mr. Vazzana and Mr. Carlin started talking over each other and were undistinguishable.
Mr. Pavlick said the 2015 thing was based on all of the dirt and all the other stuff that was
brought in.
Mr. Vazzana affirmed it was a separate component of it. There were two things.
City of Streetsboro Planning and Zoning Commission
Regular Meeting June 14, 2016
Page 28
Mr. Horsfall said that was a track but now they are saying this is not a track so there was
too much confusion.
Mr. Carlin said these were not the first charges that were brought against Mr. Diezic,
there were other charges such as noise charges and other types of charges that were
thrown out by the courts. This was not going to be resolved and requesting the conditional
use permit was the only vehicle for a resolution because then you could control it. It was
the perfect medium for Mr. Diezic and the neighbors could get input too. It was the only
way to come to a resolution.
Mr. Horsfall said that was what the commission would have to determine now as to
whether or not this would be a solution.
Mr. Pavlick asked what the conditions were because if they voted on this they were
approving this without conditions.
Mr. Horsfall said they would make the conditions on the site plan once they decided this
would be a conditional use.
Mrs. Vadaj clarified conditions like the hours the bikes were allowed to be used and how
many people were allowed on the property, that the two lots were to be combined
because this could not be a principle use for the property.
Mr. Horsfall affirmed there were two tracks; one on one parcel of land that had no houses
on it and the second on a parcel of land that does have a house on it so this becomes a
secondary use.
Mrs. Vadaj asked Mr. Vazzana if they should make these part of the conditional use
motion.
Mr. Vazzana said it could be conditions they place on the conditional use itself and on the
site plan.
Mr. Horsfall felt due to the fact that they were there so late the commission was a little
burned out and asked if anyone else was as confused as he was or could someone clarify
this.
Mrs. Pullman commented that they need to clarify what conditions they were going to put
on this use.
Mr. Horsfall said the discussion was over time.
Motion: Mr. Kocisko
To extend the discussion 5 minutes.
City of Streetsboro Planning and Zoning Commission
Regular Meeting June 14, 2016
Page 29
Mr. Kocisko believed this was controllable without going any further. He was concerned
the City was in court and they were discussing this issue before the other one was
resolved. He felt they should either vote no and don’t go any further with it or table it until
the information comes in from the first lawsuit.
Mr. Horsfall said the case could be in court for years and we don’t want to wait that long.
He thought he would like the law department to do what was necessary and asked if Mr.
Diezic could do what he wanted on his property without this.
Mr. Carlin pointed out this was not a lawsuit pending, these were criminal charges that
carry 6 months in jail on each charge with a $1,000 fine on each because Mr. Diezic and
his son were doing what many other people on Ferguson road do. These were criminal
charges that carry up to a year in jail.
Mr. Horsfall asked for a motion to find out if this is a good valid solution. We seem to be
confused because we don’t know that the conditional use is going to solve this problem.
There was a problem with two different lots and two different tracks even though we don’t
know if they are tracks or not tracks. We need a rendering from the Law Department
saying who is sending Mr. Diezic to jail. At this point if he rides his bike this week he is
going to jail.
Mr. Carlin said he was charged with first degree misdemeanor crimes that carry with it 6
months in jail and $1,000 fine. A civil lawsuit could have been initiated by the neighbors if
they wanted to hire a lawyer but he has criminal charges pending against him.
Mr. Greenlee stated he brought that on himself. Don’t blame the neighbors. All he had to
do was follow the City ordinances and code.
Mr. Horsfall said at this point they were only going in circles so until they got it clarified he
would entertain a motion to table.
Motion: Mr. Pavlick
To table this item to next meeting. Seconded by Mr. Kocisko. Upon voice vote
motion carried with 2 nays (Richmond and Randolph).
Mr. Randolph felt they should vote unless there was something that could be added to
clarify.
Mr. Vazzana said he should clarify that when he and John visited the site they saw that it
is a track, it was definitely a home track but it was a real track not just some grass that
has been ridden around on. It has a loop with jumps to go over so it was a real track. It
was John and his summation when they looked at what the Planning Commission
determined in 2015 about the usage falling under the conditional use category we
believed it was a possibility to move the City forward where the residents had an
opportunity to talk about what bothers them about the use, the applicant can talk about
why they do it and when they do it. Then the commission could decide yes or no it should
City of Streetsboro Planning and Zoning Commission
Regular Meeting June 14, 2016
Page 30
be conditionally permitted in the city and then attach conditions if necessary that seek to
remedy some of the concerns that have come up in the last four years and would likely
continue to happen. It was an opportunity to work together.
Mr. Pavlick said before they vote on a conditional use they should come up with the
conditions. Mr. Vazzana was talking about talking with the neighbors and whatever.
Mr. Vazzana was referencing the public hearing.
Mr. Horsfall stated which we just had. So since they had tabled the conditional use with a
vote of 4 to 2 the site plan would have to wait. He asked for clarity about the two tracks
being voted on and if it should be a separate vote since one would be a principle use and
one would be secondary.
Mr. Vazzana asked if they were saying that they might only allow one track on the
property.
Mr. Horsfall said the one at the back of the house would be much more preferable than
the one at the side of the house. His next question was if the one at the side of the house
didn’t make any noise then why he needs the permit. He was still hearing the noise wasn’t
him and he wanted that clarified.
8980 Kirby Lane – City of Streetsboro – site plan amendment for additional parking at
City Park
Mayor Broska, 2061 Deer Crossing, presented adding additional parking at City Park
since programs at City Park have become very popular and there have been situations
where people were parking in the grass and on athletic fields which was unacceptable. As
a permanent improvement the City was looking to put additional parking along the east
lane adjacent to the maintenance shed. The Parks and Recreation Director would be
including in her budget for next year the improvement of all of the City Park parking lots
so that all of it could be paved. There have been many upgrades to the park and fields so
this was another step in the right direction. When Campus Elementary was completed it
would alleviate some of the parking problems because right now over 2/3 of the parking
lot was taken up by construction but he felt that this parking lot was needed because it
was close to Field 7 and could be used for visiting teams. The park was getting very
popular, they were holding larger events and he didn’t want people parking on the athletic
fields they had invested so much money in.
Mr. Cieszkowski said he had two questions that should be clarified for the commission
which were what the depth of the grindings was and whether the parking would be ADA
or not.
Mayor Broska answered they would be 8 inches overall with 4 inches of base and 4
inches of top. It was temporary because it was the City’s goal to pave all of the parking
there.
City of Streetsboro Planning and Zoning Commission
Regular Meeting June 14, 2016
Page 31
Motion: Mr. Pavlick
I hereby move on this 14th day of June, 2016, the Streetsboro Planning and Zoning
Commission approve a site plan amendment for City Park, 8980 Kirby Lane, Parcel
# 35.057.00.00.001.000 to install two parking lots at City Park. Per site plan received
05-06-16. No construction shall commence until a building permit has been paid for
and issued by the Building Department. If future expansion or signage for the
project is indicated on the site plan it will not be approved at this time. Seconded
by Mr. Winkler.
Roll Call: Yes – 6, No – 0. Motion carried.
Reports, Communications and Correspondence
Mr. Cieszkowski said since the last meeting he had received detailed revisions to the text
from GPD which had been forwarded to Mr. Peetz. They were forwarded last week and
were very straight forward. His assumption was that Mr. Peetz would just add them to the
draft that would eventually come to the commission. He was still waiting for input from the
Law Department and would forward that to Mr. Peetz upon receipt.
Mr. Horsfall said that would be the last step towards completion.
Mr. Cieszkowski affirmed.
Mrs. Vadaj asked that for next month’s conditional use discussion for the Diezic property
they come up with the conditions they wish to impose for the approval of the use. She
asked they consider how this would be enforced and by who. She suggested they have
conditions that if not followed would automatically put the item on the Commission’s
agenda for rescission.
Mr. Vazzana said he would look into ease of enforcement and the possibility of limiting
that conditional use to that property owner.
Mr. Horsfall asked Mr. Vazzana to address the request from Shelly Materials.
Mr. Vazzana asked for dates in July the Commission would be available because they
needed to hold the hearing on whether or not the conditional use permit shall be issued to
Shelly Materials. Over the last two weeks he had been in communication with Shelly’s
attorney and also the representative of the text amendment group, Stop Sahbra Dig, and
right now it was looking like they would have somewhere between 5 to 8 hours of
testimony. He, Mr. Cieszkowski and Mr. Janis (the Law Director) felt the commission had
a few options. One of which was a weekend meeting which didn’t fit too well for the
summer; the commission agreed. The second would be two or three special meetings
that would be three to four hours long in a week. The other would be to meet on
Tuesdays for all of the meetings. He said it was tough to devise a strategy to make sure
they all had clear heads, could focus solely on this item and not tax themselves by sitting
through 6 or 7 hour meetings until 1 or 2 in the morning.
City of Streetsboro Planning and Zoning Commission
Regular Meeting June 14, 2016
Page 32
Mr. Randolph asked if there would be a limit to how long a testimony could be.
Mayor Broska agreed there was no reason to allow the testimony to drone on and on
when they had just listened to all of the neighbors’ concerns this evening. He felt they
spent too long on the Ferguson property issue because it was a neighborhood dispute. At
what point does it become redundant.
Mr. Vazzana said it was illegal to stop the applicant from putting the testimony they
wanted in front of the commission. So just as the commission gave the public hearing
audience the chance to speak they had to give the applicant the same opportunity. He
knew the commission had a rule to only allow 30 minutes for each item…
Mr. Horsfall said that was the question he had. What kind of expert testimony and how
many graphs did they need to show? What they did tonight was get a lot of questions
from the citizens which basically boiled down to 6 points that the applicant would have to
address.
Mr. Vazzana said they didn’t have to address it but yes the commission could ask that.
Mr. Horsfall asked if there was a Shelly representative here tonight.
Mr. Vazzana affirmed.
Mr. Horsfall hoped they were taking notes so they would know what they would have to
answer. He said all of conditional use applications were trying to make conditions so that
the neighbors could get along. In other words, I can live with that as long as there’s not
dust, noise, pollution or whatever it is. So the applicant was trying to show there wouldn’t
be any of these things but who could really say that when you dig a hole in the ground
that somebody’s well won’t go dry or get contaminated. But there is a preliminary plan
that is supposed to show what they will do if that does happen. If someone runs out of
water there has to be a plan that Shelly must supply potable water, it’s in there and
there’s already an answer for that question so what are these people going to talk about
for 8 hours.
Mr. Vazzana said they had asked for 4 to 5 hours to put on the testimony of 3 to 5
witnesses. He felt the commission would have questions and the Stop Sahbra Dig entity
had asked for the opportunity to ask questions so he had added a couple of hours. The
commission would be exercising their quasi-judicial authority which meant the applicant
and the commission and any parties of interest have the right to cross examine witnesses
presented.
Mr. Horsfall asked to what extent because the Commission’s rules and regulations state
they have 15 minutes.
City of Streetsboro Planning and Zoning Commission
Regular Meeting June 14, 2016
Page 33
Mr. Vazzana said he hadn’t solved all the procedural issues but he wanted to know how
we could put together special meetings.
Mr. Pavlick said they didn’t want to jam the applicant up by not giving them enough time
to present what they wanted to present.
Mr. Richmond thought they should have a lot more scientific data than what they heard
this evening which was more highly emotional testimony. This would give them the
opportunity to bring in their scientist as opposed to people with bags of rocks.
Mr. Vazzana said this would allow them to fully present their case so that later on if they
feel they were wronged they are barred from then saying we only got to present 4
witnesses and the others were blocked. In the event that there is a challenge to the
decision made the record is confined to what was introduced at the planning commission
level if the commission can prove that they followed the right process.
Mr. Horsfall restated they were throwing everything in there so they could reference it
later. He understood now.
Mr. Vazzana added that was why the testimony would be more extensive because in the
challenge they might not have the opportunity to give additional evidence.
Mrs. Vadaj asked if that same rule applied for this commission i.e. everything that was
questionable needed to be said someplace in the meeting so it could be brought up later.
Mr. Pavlick thought that everything should be documented.
There was discussion on agenda items, availability, whether there would be a
stenographer, who would pay for the copies and how soon would they get the minutes so
they could review for their decision along with the timeframe for Mr. Cieszkowski’s
comments once the applicant turned in a response to his first comments. It was requested
that anything put in writing did not have to be read back to the commission at the meeting.
It was determined the item would be last on the July 12th Regular meeting and the
commission would have a Special Meeting Monday, July 18th which would start at 6:30pm
and last until 10 or 10:30pm.
Administratively approved signs
Lens change for the planter sign at the Arbors of Streetsboro which used to be
Maplewood Nursing Home.
Citizens’ Comments - none
Commission Member Comments
Mr. Richmond would not be attending the July 12th meeting.
City of Streetsboro Planning and Zoning Commission
Regular Meeting June 14, 2016
Page 34
Announcements: The next Regular Planning and Zoning Commission meeting will be
held Tuesday, July 12, 2016 at 7PM Streetsboro Municipal Building.
Adjournment
There being no further business before this Commission a motion to adjourn was made
by Mr. Pavlick and seconded by Mr. Winkler and the meeting was adjourned at 10:52 pm.
Attest:
_______________________
_______________________
Stacey Vadaj, Zoning Inspector
Tom Horsfall, Chairperson
City of Streetsboro Planning and Zoning Commission
Regular Meeting June 14, 2016
Page 35