The Lafayette Township Board of Trustees meeting of September 1. 2004 was called to order by Trustee Crawford. Roll call was taken with Trustee Bowers, Trustee Crawford and Trustee Young in attendance.

Trustee Bowers made motion to adjourn the meeting and call the public hearing for the purpose of adding Section 307, Planned Unit Development to the zoning resolution. Seconded by Trustee Young, roll call taking with Trustee Bowers, Young and Crawford present. Motion carried.

Steve Hambley, Medina County Commissioner, opened the meeting with a short overview of the Tech Park TPD project. He introduced Robert Arnold to address the audience.

Robert Arnold, architect from Kohanski, Arnold and Chin Architects. Mr. Arnold was hired to design the landscaping of the Tech Park. He advised the audience that entrances to the development will be off Wedgewood Road and one off Lake Road. The design is to try and leave as much of the back area as undisturbed as possible. On the western side, especially toward the front, the trees are sparse and wetlands exist. What they are trying to do is let the bank area of the creeks and streams remain natural in order to maintain water flow and runoff. Mr. Arnold explained the riparian areas that will remain untouched and areas that will be reforested with native species. Along the east buffer there are oil tanks that will remain as they are in use. At the main entrance along Wedgewood Road., there will be a 200’ buffer. The roadway into the Tech Park PUD and University will have one lane in and one lane out, divided by an island in the middle with trees and landscaping. Plans are to construct a mound about 4’ tall along the Wedgewood Road frontage with a mixture of evergreen and deciduous trees and a few ornamental trees interspersed. The buffer is designed to block the view back into the property from the roadway. There will also be trees and landscaping along the entrance from the roadway back into the property. The entrance off of Lake Road will be a much narrower drive into the property. There will be no island on this entrance. Along the creek the site will remain as a riparian corridor. The Lake Road entrance will be lined with trees.

Trustee Bowers advised the audience that in the buffer area, Line 119, Section E of the proposed zoning regulations, there is a mandatory requirement of landscaping for the first 50’. The buffer area requirement is actually 150’ in depth, but only the first 50’ need to be landscaped.

Mr. Arnold stated that the buffer along Wedgewood is going to be 200’ with a grassy area in the back of it and trees interspersed, so it actually exceeds the zoning requirements.

Trustee Crawford opened the meeting to public participation.

Dave Mosgrove, 6045 Wedgewood Rd.: Asked about the storm water runoff from the two (2) creeks that run across his and his neighbor’s properties.

Steve Hambley: Stated that Mike Salay and Dan Wilhoit (Medina County Engineer’s Office) had been at the continuation of a previous public hearing and they explained the storm water runoff. He stated that the County Administrator and Sanitary Engineer had visited the Mosgrove site. Mr. Hambley explained that, as the parcels get divided up, they will require a storm water permit, which must demonstrate that no more runoff will occur in the future than occurs at this point in time. He stated that Mike Salay indicated there would most likely be construction of some retention areas. The overall intent was to slow the speed of the water flow. Mr. Hambley stated that there is an adjoining property to the west of Mr. Mosgrove where a waterway has been filled in and there is no outlet for one of those streams. This is something that cannot be handled on the county’s property. They are all natural waterways. As each plan develops, Mike Salay and the County Engineers will do their best to increase the capacity of the water.

Mr. Mosgrove: Stated that only one of the creeks is natural (the north one) and the other is a swale put in by the county years ago that has cut in deeper over time.

Steve Hambley: Stated that according to the plan and the Army Corp of Engineers, the swale is now considered a riparian corridor and they must manage and protect that water course. If anything, the water coming down through it will be slowed down.

Trustee Bowers: Stated that since the meetings regarding the Tech Park / University property took place, the township trustees and zoning have approved another subdivision to the northeast. She explained that the county has installed a larger bridge area that allows more water to come through. The developer has agreed to leave thirty (30) acres fallow and retain some of the water there to drain more slowly. Between the two retention areas, the water should be slowed a great deal.

Christine Lambert, 6060 Wedgewood: Stated that her concern is that nothing has been explained exactly as to what this "slowing down" process entails and where it would be located.

Steve Hambley: At this time, it is a matter of engineering and calculation as to exactly where and how this will happen. These are considerations as the property gets subdivided. This project still has to go through the County Planning Commission. Any structures that are built must come back to the township for site plan review, which also includes the storm water provisions. Every site that is developed must have adequate storage for its storm water.

Christine Lambert, 6060 Wedgewood Rd.: Asked Mr. Hambley what he specifically meant by "storage area."

Steve Hambley: Explained that it might be areas such as ponds or the like.

Christine Lambert: Stated that once all the land is covered with buildings and parking lots, etc., the ability for the land to absorb the water is decreased. Where is all of that water going to go?

Steve Hambley: Stated that the regulations for any development in Medina County specifically say that the water must be retained on the property and is not allowed to be let go at a rate any faster than already exists on that property. There is a permit process that the developer must go through. The County Highway Engineers office enforces this. They will be looking at the designs that are submitted and will make the decision whether or not the requirements are met. The intention is not to let the water flow surge. According to Mike Salay, the engineers will be looking for onsite retention of the water runoff.

Mary Beigel: 5976 Wedgewood Rd.: Concerned about whether or not she will be able to see the parking lot, etc. from her house across the street. Stated that she had pictures that she had obtained from Trustee Bowers.

Bob Arnold: Stated that the pictures she has are only an example of the internal landscaping, not the landscaping along the street. Along the road will be deciduous trees and evergreens. It is a continuous barrier.

Mary Beigel: Wanted to know how big the trees will be when they are planted.

Bob Arnold: Explained that this has not been decided as yet. They will be a fair size in order to create an immediate barrier. But it will take time for the trees to grow and create the dense barrier, although it will never be 100%.

Audience member: Asked if the trees will be planted on top of the mounds.

Bob Arnold: Stated that when trees are planted on the top of the mounds, they tend to die. Therefore, they will be planted at the bottoms of the front and back sides of the mounds.

Audience member: Asked Mr. Arnold to explain the elevation of the mounds.

Bob Arnold: Stated that all of the final elevations have to be worked out yet. The west end of the property is already 3-4’ above the road and the mounds are intended to be built on top of that yet. There could very well be 6’ elevations in some areas.

Trustee Crawford: Stated that this is why the township zoning boards are involved in the process.

Trustee Young: Asked Mr. Arnold if the trustees couldn’t request that the trees be of a certain height when they are installed.

Trustee Bowers: Stated that this could be done during the site plan approval.

Mr. Arnold: The association overseeing the entire development will have to come before the Zoning and Planning Commissions to get approval. The size and type of trees is not known at this time because the project is not that far along yet. All of this will be reviewed by the boards before being approved.

Chris Lambert: Wanted to know at what point decisions are going to be made as to how high the lighting is going to be, how much traffic control there will be and will Wedgewood Rd. be widened to accommodate the traffic.

Trustee Young: Stated that many of the decisions are discussed in the packets that the trustees received.

Chris Lambert: Asked when these decisions had been made.

Trustee Young: Stated that the packet was put together over the period of time when the boards were meeting with the various entities involved in the Tech Park and University Center.

Chris Lambert: Asked if this packet was being presented at the 09/01/04 meeting.

Trustee Young: Stated that it was.

Trustee Bowers: Stated that the developers will need to return to the zoning boards for each new building, parking lot, etc., that they put in. They must bring a new site plan each time and it must be reviewed and approved before construction begins. Each new plan will include the lighting, landscaping, parking, driveways, type of material used on the exterior of the building, the heights and the elevations.

Chris Lambert: Wanted to know how to find out when the meetings will be held that will decide these things.

Trustee Bowers: Explained that the meetings are advertised in the Gazette. If there is a specific issue that concerns the individual, a letter can be sent notify the township clerk in writing requesting written notice of the meetings.

Trustee Crawford: Explained that the lighting issue has been thoroughly discussed in prior meetings because it was a big concern to many people.

Chris Lambert: Stated that she had lived on Ledgewood and it grew to lights and stores and parking lots. She moved to Wedgewood to get away from it and now she feels she is in a somewhat similar situation. Stated that she just wants to become more involved in the decision making process.

Steve Hambley: Stated that the zoning code requires performance standards. There is a way to measure the impact of light. The decision was made to use the performance standards and they are the most restrictive in terms of the impact on adjoining properties. Told the audience that this document is available on the Medina County website if they would like to see the full text. The intention of the regulations is to be very restrictive but still have to provide light to the streets and the people in the parking lot. Essentially, the zoning inspectors will need some training so that they have the ability to enforce the regulations. The township will have to address this issue.

LeRoy Thomas, 6260 Lake Rd.: Would like to know how the water retention areas will affect those residents with wells. Runoff into grassy areas will allow oil, gas and other contaminants to leach down into the water system. How will this be addressed?

Steve Hambley: Stated that if there is that kind of a connection between Mr. Thomas’ well and the surface water, he may already have problems. He would have to have a very shallow well. The riparian buffers are there to minimize the impact on the environment downstream. There are always these situations when there are parking lots, etc., but not enough to impact a well.

Mr. Thomas: Stated that Depew Drilling told him that his water table is at 16’. With the sandy soil in the area, what would be his recourse to contamination of his water? If his well is contaminated it will cost him to get it fixed. His well is down 80’ but the top of the water is at 16’.

Steve Hambley: Stated that his water could be tested before development and there is an impact that is associated with this, that is when the discussion will be held. Stated that there is water available down Lake Road. There have been situations where the county has connected the homeowner to the county water system at no cost to the homeowner if the well is negatively impacted by the development. Stated that this is the first time he has heard of concerns about impacts on wells.

Mr. Thomas: Asked if there had been any impact studies done in the area.

Steve Hambley: Asked if he was speaking of hydrological impact in terms of well systems. Stated that it was not intended to be done as far as he knew. To have that kind of surface connection was very unusual.

Tom Russell: Medina County Department of Planning Services: Stated that he was a water quality planner in the state of Delaware for nine (9) years and has dealt with this kind of issue many times. It is unusual to have to be concerned about runoff from parking lots, etc. Industrial areas are the ones with which to be concerned. The biggest issue with parking lots is the salt runoff in the wintertime. Salt is soluble so it gets flushed on. Stated that Mr. Thomas’ water table may be 16’, but the well is 80’ and that is where the water is screened. There may be layers in between that prevent a connection. One shouldn’t have a water table aquifer well if it can be avoided. Well drillers usually don’t do that. Stated that the contaminants from a parking lot will runoff as a "first flush." It goes into the retention basin and heads south, mixes with other water and gets diluted. All of the filtering and biological action must also be taken into consideration. The protection of the streams with the riparian buffers helps filter off any runoff coming directly from it, which is another plus. Told Mr. Thomas that he might want to have his water tested for quality now so that he has proof of the quality before construction starts.

Mr. Thomas: Asked if it was standard procedure for the county to hook up homeowners to county water at no charge to the homeowner when it can be proven that the development caused a negative impact on their wells.

Steve Hambley: Stated that it has been done in the past, but they are not in the habit of giving away free water or allowing free tap-ins. Agreed with Tom Russell that Mr. Thomas should have his water tested before construction begins. Stated that there should be no drainage problem on Mr. Thomas’ property since the runoff will be going to the south of Mr. Thomas.

Tom Russell: Stated that ground water aquifers almost always follow the topography. It is highly unlikely that there will be any problems with Mr. Thomas’ property.

Steve Hambley: Asked Mr. Thomas if he would give the county permission to test the current quality of his well water.

Mr. Thomas: Agreed to do so. Started explaining that the county messed up his yard when the water line was installed.

Steve Hambley: Stated that Mr. Thomas needs to let the commissioners know about the water line problems and that will be addressed separately from the current issues. He then made the same offer of testing wells to anyone in the area who felt their water supply might be affected. Mr. Hambley stated that the homeowners should contact his office or let the clerk know if they want to have the testing done and arrangements will be made to have it done before the project starts.

Dave Mosgrove, 6045 Wedgewood Rd.: Wants to hear about the sign that was proposed for the entrance of the Tech Park/University Center.

Steve Hambley: Stated that the sign Mr. Mosgrove is referring to was not even submitted to the township for approval, so it is not an issue. There is no sign proposed at this point because it is unknown who all is going to be in the development. Whatever signage is used however, will fit into the surroundings of the township. He continued by saying that the University and the Tech Park have switched places.

Trustees Bowers, Crawford and Young all went on record saying they will never approve the sign to which the residents are referring. Trustee Young stated that Mr. Arnold is very creative and had a very creative idea, just not for Lafayette Township.

Bob Arnold: Stated that the sign was an idea and the newspaper got hold of it and published it. It was only an idea and had never actually been proposed.

Trustee Young: Stated that this project is going to happen and the parties involved have been very sympathetic to the desires of the township. They have worked closely with the township boards to make sure it happens in the most comfortable environment that it can. The project could be made to happen without the input from the township, but they are trying their best to make sure all of the residents’ issues are addressed and resolved.

Daniel Ramsdell, 5960 Wedgewood Rd.: Wanted to know about all of the headlights shining up his driveway from the traffic.

Steve Hambley: Stated that he would have to check with Mike Salay and Lewis Professionals (engineers). If there is some way to move the entrance one way or the other to accommodate the issue it will be done.

Mr. Ramsdell: Stated that there are houses all along Wedgewood Rd. so moving the entrance won’t really help.

Trustee Crawford: Asked Mr. Ramsdell if he would allow the county to do some landscaping on his property.

Mr. Ramsdell: Stated that he would if it were 10’ evergreens that stay green all year.

Steve Hambley: Stated that the traffic and road design for the entrance need to be finalized with ODOT before anything can be decided for sure. Explained that there are plans for a deceleration lane as well as a turn lane on Wedgewood Rd. There will need to be some easement property purchased in order to accomplish this. In that project they could likely acquire Mr. Ramsdell’s easement property across the street, landscape it and then turn it back to Mr. Ramsdell as part of the overall project.

Eric Markert, 6240 Lake Rd.: Asked if there is a timeline for the project. Has heard that the college is supposed to open in 2006 and nothing seems to be nailed down yet as to a specific timeline for things to happen. Wants to make sure that all of the bases are covered. At this point everything seems ambiguous and that scares him because ambiguous things are usually not well thought out.

Steve Hambley: Took exception to the idea that it is ambiguous and not well thought out. It is well thought out and involves a lot of people, which means it takes a lot longer than anticipated. As more people get involved, it takes more time. Two things have slowed the process down. The township zoning commission had asked them to wait a month or so before submitting the project to them. When it was given to the zoning commission, they asked for additional time to review the project, which took several additional months. The second issue had to do with the time frame imposed upon them in looking at the sight as they became familiar with the wetlands. They were intending to construct the entrance this year, but it has been pushed back to early 2005.

Mr. Hambley showed the audience the new configuration of the project. The main driveway back into the development has been moved further to the east and the University was moved to the west side of that drive. The changes were submitted to the University the first week of May and the issue was just resolved within the last 2-3 weeks. These changes and reviews slowed down the construction of the main drive. Mr. Hambley feels that the project is now back on track. The property will be resurveyed by Cunningham and Associates. Lewis Professionals is doing the redesign. The Medina County Planning Commission will review the re-plat at their October meeting, which will be published in the newspaper. The intention is to start construction early next spring and meet a fall 2006 deadline. There was a Boy Scout camp that would have been impacted by the project prior to the redesign. Now there will be no impact to the camp at all. Moving the roadway has resulted in more property being available for development. Stressed that this is a business tech park, not an industrial park. The traffic will be composed largely of cars, not big trucks. The riparian area is protected from future development.

Mr. Hambley explained that the environmental impact has been minimized so much that they don’t have to go through what is called an individual permit with the Army Corp of Engineers. The University has agreed to the redesign. The site engineering is starting over due to the redesign.

Mr. Markert: Stated that it seems odd to him that there are no formal plans and they are only six (6) months away from cutting in a roadway. Wants to know when the residents will see what the trees and landscaping will be.

Mr. Hambley: Stated the property has not been divided into lots and sold yet so there is no formal plan for the landscaping. There can’t be a formal plan until the lots are sold.

Mr. Markert: Concerned that there will be the university and cars and traffic with no landscaping.

Mr. Hambley: Asked Mr. Markert if there were no structures on the property where would the cars be going.

Mr. Markert: Stated that there will be construction equipment in and out and he is not hearing a definite timeline. Wants to know when all of the final plans for this project will actually be nailed down and when will the residents be able to see it.

Steve Hambley: The engineering for the roadways is in progress now. They will be provided to the County Highway Engineers. Nothing can be built without the Board of Trustees’ approval. They are currently at this meeting to get the approval of the Board for an amendment to the zoning regulations. This project has not even been approved so there is no reason to have any final plans yet.

Mr. Markert: States that he wants to see a more concrete timeline. Doesn’t want to see a concrete roadway with no landscaping for 2 years.

Steve Hambley: It is premature to put in landscaping before putting in the road. There will be no subdivision of the sublots for the buildings until there is a landscaping plan approved. There will be construction trucks going back and forth before there is any landscaping put in. Stated that this is just the nature of the construction business. Stated that Mr. Markert has been around construction and landscaping long enough to know that there will be a mess for awhile, but the landscaping plans will probably have to be in place by next year.

Trustee Bowers: Stated that the biggest concern of this project has been the environmental issue. Thanked the people involved for redoing the design.

Karen Schoonover: 7780 Coon Club Rd.: Clarified that the meeting was to approve the zoning changes so that the project can go forward.

Trustee Young: Explained that until the trustees approve the zoning changes, there is no need to have a timeline. Nothing can happen until the changes in the zoning are effected. There will be thirty (30) days from the time the trustees approve it before anything can be done.

Trustee Crawford: Read the recommendations from the zoning boards:

1. Section 306: should be changed to Section 307
2. Page 18, Line 702: Currently reads "use or enlargement of a structure" is proposed. Change to "use or enlargement of an external structure is proposed although a site plan shall not be required, prior notice to the Fire Department Chief shall be required for any internal changes of construction"
3. Page 22, Line 866: Currently reads "submitted under this section within 30 days" Change to "submitted under this section within 45 days"

Trustee Bowers stated that it only makes sense to change the Section 306 to Section 307. When the text was put together there was no Section 306, but it has since been adopted.

Trustee Bowers: Explained that if line 702 was changed, it changes everything beyond that point in that Section so it would require significantly more than just that change. She stated that the Zoning Commission thinks that it is a good idea for the Fire Department to have blueprints so if anything happens inside the buildings, they know where everything is. She stated that this change will not accomplish what is intended. What the language requires is to give the Fire Chief notification of any change but does not require them to provide the Chief with a blueprint. It changes everything and the way it is written it limits the township’s review process because it changes it from a full site plan requirement to only external, not internal. To achieve what is needed would be to make it a condition of the zoning permit application. Anytime a new structure is built a zoning permit is required. Just require them to submit the blueprint and if there are any changes they must resubmit before an occupancy permit is issued. Stated that if it is made a part of the building permit application it will apply uniformly across the whole township.

Trustees Crawford and Young agreed.

Steve Hambley: Stated there have been some concerns regarding security and the submission of plans to a public official because it makes it public. This might cause some businesses to decline locating at this Tech Park.

Trustee Bowers: This might need to be addressed in a public records meeting. It will not be addressed in this particular text.

Trustee Bowers: Stated that she is fine with changing the 30 days to 45 days even though the trustees may not need the extra time.

Trustee Bowers: Stated that the biggest concern from day one is the sensitivity of the proposed site. In looking at that, there must be requirements set up on parking proportionate to size and use, etc. Those rules exist. That doesn’t mean that all of those parking lots and impervious surfaces need to be built. That can be done at such time as necessary. Stated that she met with Soil and Water and they made the following recommendations:

1. Looking at different types of pavements. Since there is so much clay in the soil it is not reasonable to do that.
2. The other recommendation was to look at land banking. Stated that the best piece of legislation she found was that of the City of Medina. She also has the recommendations from Soil and Water and those from OSU Extension.

This does not need to be included in this text, but should be done as a separate resolution that would apply to anything the trustees require it to apply to. It says "Land banking of current unneeded parking spaces is strongly encouraged. The applicant shall show the area to be banked on the site plan as marked as ‘land banking for future parking.’ Sufficient parking shall be required to meet the current needs of the use." This could be done as a separate resolution, then apply it to whatever zoning districts the trustees want it to apply to so it doesn’t impact the current zoning text.

Trustee Bowers stated she went over the lighting restrictions with an expert in the field and he told her it is probably more restrictive than he has ever seen.

Trustee Bowers stated that she found a place that shows what the project will look like when it is done. The corporate park she found is in Green Village. She was able to get all of the regulations from an environmental engineer in Green. Those regulations are very similar to what Lafayette Township has. The only thing that was noticeably different was the roadway curvature requirements. She stated that she thinks the persons involved with this project have done the very best that could be done.

Trustee Crawford stated that he agrees with Trustee Bowers and is comfortable with what is happening.

Trustee Young said she is also very comfortable with the project. The only thing she would like to see in addition to what’s already been presented is a deed restriction that will guarantee this property and the project will never be annexed out of Lafayette Township.

Trustee Bowers stated the deed restriction already exists.

Trustee Young stated she had asked for it but has never seen it outside of the meeting minutes.

Steve Hambley: Stated he was not sure it could be done by deed restriction, but in the transfer agreement with the University it essentially requires the approval of the Lafayette Township trustees for that to occur. That is what has been said all along.

Trustee Young stated that eventually the road will go all the way through and the city might be able to obtain that property to the north.

Steve Hambley: Stated that if one looks at the topography and the wetlands situation to the north, particularly some property owned by Mr. Gerspacher to the north, and the amount of mitigation that would be required, he thought there would be some optional alternatives proposed to link back into Lake Rd. to the east as opposed to hooking up to the industrial parkway.

Trustee Young stated her concern was the contiguous touch of the city that could open it up at any given point in the future.

Trustee Bowers stated she has seen the language and will make sure that Trustee Young gets a copy of it. The prosecutor’s office proposed the language and it is also in the commissioner’s minutes when they approved it. The language reads "any annexation would require the unanimous approval of the commissioners and the trustees."

Trustee Bowers asked if anyone had the application so the motion mirrored the application. No one had it.

Trustee Bowers made a motion to approve the adoption of the Medina County Technological Park Planned Unit Development District regulations as Section 307 of the Lafayette Township zoning code with the change from the draft text dated 04/27/04 to include at line 866 that "submitted under this section within 30 days" be changed to "submitted under this section within 45 days." Adopting it as 307 takes care of their first recommendation and that change takes care of their second. The one in the center the trustees determined they would address with a separate piece of legislation.

Tom Russell – stated that the Trustees should include the amendments at the end of the proposed change dated 4/27/04

*This is a copy of the proposed minutes of the meeting held on September 1, 2004. The Township Trustees assumes no liability and do not certify that these are approved copies of the minutes.