Village of Lordstown Planning Commission. November 14, 2016
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1 The Lordstown Planning Commission met in regular session on, at 6:30 p.m. at the Lordstown Administration Building. The meeting was called to order by Chairperson Tim Rech, followed by the Pledge of Allegiance to the Flag. Roll call was taken. In Attendance: Tim Rech, Chairperson Tony Schofer, Vice Chairperson Arno Hill, Mayor Robert Bond, Council Member Paul Dutton, Solicitor Kellie Bordner, Planning and Zoning Administrator Also Present: Robert F. Burkey, Attorney at Law Tom Uher, Property Owner John Corbin, Property Owner EXCUSE THOSE ABSENT: MR. RECH: All right. Is there a motion to excuse Mr. Dutton and Ms. Dugan? MR. SCHOFER: So moved. MAYOR HILL: I'll second. MR. RECH: I heard Tony and Mayor made that -- all in favor, "aye". MR. RECH: All right -- anybody opposed? (NO RESPONSE FROM THE BOARD.) APPROVAL OF AGENDA: MR. RECH: Reading and Approval of the Agenda -- is there a motion to approve the agenda? MAYOR HILL: So moved. MR. RECH: Mayor Hill -- is there a second? MR. BOND: Second. MR. RECH: Mr. Bond -- all in favor, "aye". Page 1 of 6
2 APPROVAL OF MINUTES OF OCTOBER 11, 2016: MR. RECH: Approval of Minutes of October the 11th, was in your packets? MR. BOND: So moved. MR. RECH: All right. Mr. Bond made that motion. Is there a second? MR. SCHOFER: I'll second it. MR. RECH: Mr. Schofer seconds -- all in favor of approving the minutes? MR. RECH: Anybody opposed? (NO RESPONSE FROM THE BOARD.) Okay, thank you. PLANNING AND ZONING ADMINISTRATOR S REPORT: MR. RECH: Planning and Zoning Administrator's Report. MS. BORDNER: No report, sir. SOLICITOR S REPORT: MR. RECH: All right, thank you. Is there a Solicitor's Report? Obviously, not -- he's not here. CORRESPONDENCE: Is there any correspondence this evening? MS. BORDNER: There was not. OLD BUSINESS: MR. RECH: There's no Old Business, correct? MS. BORDNER: No, sir. NEW BUSINESS: Petition for vacation of Cedar Oak Trail. MR. RECH: All right. The New Business -- petition for vacation of Cedar Oak Trail. Miss Bordner? MS. BORDNER: Yes, sir. The petitioners would be Thomas Uher and Diane Uher. They live at 6696 Brookhollow Drive and John B. Corbin and Lynette Corbin, who live at 6726 Brookhollow Drive -- by and through their Attorney, James Scher, from Burkey, Burkey and Scher, Attorneys at Law. They've filed, with the Planning and Zoning Office, a petition for the vacation of Cedar Oak Trail. Once that was filed with our office, they also filed a new legal description -- couple new legal descriptions, and a survey that broke down Cedar Oak Trail so that it could be divided between the two (2) parties who are the adjacent landowners, and then there was a replat done that they also provided. To summarize, most easily, Mr. Grimm and I did a joint letter to the Planning Commission. I -- and if I may, I'll read it out loud to you. Page 2 of 6
3 MR. RECH: Please. MS. BORDNER: "Dear Planning Commission Members: On January 18, 1994, Lordstown Village Council passed Ordinance 2-94, accepting Brookhollow Drive (Plat No. 1) as a public street for public use and maintenance. Based upon the description, the acceptance of Brookhollow Drive (Plat No. 1) did not include Cedar Oak Trail; however, it was identified, on the original subdivision plans, which were previously accepted by the Planning Commission. After extensive research of the Village Ordinances and the Planning Commission minutes, no recommendation to accept or acceptance of, Cedar Oak Trail by the Village of Lordstown for public use and maintenance was located. Cedar Oak Trail has never been improved or used by the public as a street and exists only as a paper street. The Petitioners are the land owners to the immediate north and south of Cedar Oak Trail and have caused a survey to be conducted to fairly divide the square footage constituting Cedar Oak Trail between them, including a legal description of the division. They have further caused a survey to be conducted and legal descriptions prepared absorbing the division of Cedar Oak Trail into their current parcels of land. Given the foregoing, we would request that Planning Commission grant the petition for vacation of Cedar Oak Trail presented by the Uhers and Corbins and recommend to the Lordstown Village Council that Cedar Oak Trail be vacated by proper ordinance pursuant to Chapter " And the letter was signed by both myself and Mr. Dale Grimm, Street Commissioner for the Village of Lordstown. MR. RECH: Just for the record, then, we do have this petition, which she mentioned. We have a lavender color, maybe -- I don't know -- from Tom Uher requesting the meeting today, and then we have these two (2) pieces of paper with the plats on them basically; is that correct? MS. BORDNER: That is correct. MR. RECH: Okay, thank you -- all right. MS. BORDNER: I do believe that Mr. Uher is here, and Mr. Corbin is here if you have any questions -- and their Counsel. ATTORNEY BURKEY: Robert Burkey, for Jim Scher, who's not available today. MR. RECH: Robert Burkey, okay. ATTORNEY BURKEY: B-U-R-K-E-Y. MR. RECH: Okay. Does anybody have any questions for Mr. Burkey? MR. SCHOFER: Where's this -- where does this right-of-way go to -- this property, Jack Hardy? MR. RECH: You know where -- it's like a little stub of a road that -- MR. SCHOFER: Right. MR. RECH: -- right off of Brookhollow, basically, and it splits their two (2) properties. MR. SCHOFER: And does it end -- where is the other end? You know, I see lands of Jack Hardy. Page 3 of 6
4 MS. BORDNER: The rear line, you mean others? MR. SCHOFER: Yes. MS. BORDNER: It abuts the property of Jack Hardy. MR. SCHOFER: And there's no -- he's -- MR. UHER: -- deceased. MR. SCHOFER: He's deceased, and who's -- MR. UHER: There's a Trust. I think there's a Hardy Trust with the three boys, but the road actually stops about where John's driveway begins, then there's nothing. So for the last fifteen years -- MR. CORBIN: -- twenty. MR. UHER: -- twenty (20), okay, John keeps cutting it. I cut it once in a while. John cuts it most of the time. This whole conversation started because there were some trees on it, and the limbs kept falling down; and I called Denise, and said, "Who owns this?" I don't want to cut down the Village's trees, but I'm -- but I don't want somebody to get hurt. That's what started all the dialogue; but John's been cutting it for twenty years, yeah. And it's not used for -- (WHEREAS, THE WITNESSES WERE SPEAKING FROM THE FLOOR, INAUDIBLE, AND PROCEEDINGS WERE AS FOLLOWS:) COURT REPORTER: I'm sorry, sir. Could you come forward if you're going to speak? MR. UHER: Okay. I'm Tom Uher, 6696 Brookhollow. The road -- it's actually, I believe, a school bus turnaround is the only thing it's been used for before they put the rest of the development in -- okay? The actual paved surface of the road goes to about John's driveway; and from there, it's just grass for "X" amount of feet -- okay? John's pretty much been cutting the grass for the last, almost, twenty years; but the dialogue all started when there was a few trees on there that kept falling down and putting branches all over it. So I wanted to cut the trees down, but I didn't want to cut the trees down if the Village owned it, and that's what started all this dialogue. So then John and I put our heads together and said, "Well, why don't we just go ahead and absorb it"; and I talked to Kellie, and that's why we're sitting here today because, basically, we're maintaining it. Nobody else does anything with it, and it doesn't go anywhere. Does that help? MR. RECH: Other questions? (WHEREAS, THERE WAS NO RESPONSE FROM THE PLANNING COMMISSION, AND PROCEEDINGS WERE AS FOLLOWS:) MR. RECH: Counsel, do you have anything to add? ATTORNEY BURKEY: I defer to the recommendation that -- and the research that was done by your Planning Director. MR. RECH: Okay, Mr. Corbin -- anything you need to add, sir? MR. CORBIN: Nope. MR. RECH: Okay -- anything else up here? Page 4 of 6
5 MS. OWENS: I understand what they want to do. MR. RECH: Kellie, do you have it all? MS. BORDNER: I believe so. MR. RECH: Okay. MS. BORDNER: So the motion that we would -- that we would like to make would be, then, that -- that we grant the petition for the vacation of Cedar Oak Trail, as presented by the Uhers and Corbins, and recommend to the Lordstown Village Council that Cedar Oak Trail be vacated by proper Ordinance. MR. RECH: Okay. MAYOR HILL: I'll make that motion. MR. RECH: Mayor Hill makes that motion. Is there a second? MS. OWENS: I'll second. MR. RECH: Ms. Owens made the second, okay. Any other discussion before we vote? MR. BOND: We're not creating a landlocked parcel with this Trust? MAYOR HILL: No, they own -- they own a lot of land on Salt Springs Road. MR. BOND: Okay, great. MR. RECH: Okay, before us -- we have a first and a second. Can we have roll call on this, please? MS. BORDNER: Yes, sir -- Pamela Owens? MS. OWENS: Yes. MS. BORDNER: Robert Bond? MR. BOND: Yes. MS. BORDNER: Tony Schofer? MR. SCHOFER: Yes. MS. BORDNER: Tim Rech? MR. RECH: Yes. MS. BORDNER: Arno Hill? MAYOR HILL: Yes. (ROLL CALL VOTE: 5, AYE; 0, NAY; 0, ABSTAINED.) MR. RECH: Okay, thank you. That passes. PUBLIC COMMENTS: MR. RECH: Before we move on, are there any public comments? MAYOR HILL: This will have to go to Council. MS. BORDNER: Yes. MEMBER COMMENTS: MR. RECH: Okay, thank you -- any other member comments? Page 5 of 6
6 (WHEREAS, THERE WAS NO RESPONSE FROM THE PLANNING COMMISSION, AND PROCEEDINGS WERE AS FOLLOWS:) ADJOURNMENT: MR. RECH: Is there a motion for adjournment? MAYOR HILL: So moved. MR. BOND: Second. MR. RECH: Mayor Hill, Mr. Bond -- all in favor, "aye"? MR. RECH: We're adjourned. (WHEREUPON, THE PUBLIC MEETING BEFORE THE LORDSTOWN VILLAGE PLANNING COMMISSION, ON MONDAY, NOVEMBER 14TH, 2016, CONCLUDED AT 6:40 P.M.) Submitted by: Approved by: Kellie Bordner Planning & Zoning Administrator Tim Rech Chairperson Page 6 of 6
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