APR162008

Minutes
LAFAYETTE TOWNSHIP BOARD OF TRUSTEES
Public Hearing Meeting
Wednesday, April 16, 2008

Meeting called to order: 7:00 p.m. followed by the Pledge of Allegiance.

Members Present: Trustee Lee Kehoe, Trustee Lynda Bowers, Trustee Donald Butler, Fiscal Officer Shirley Bailey

Mr. Kehoe made a motion to recess the Trustee Meeting and move into a Public Hearing. Ms. Bowers seconded the
motion. All voting in favor.

Public Hearing called to order at 7:05 p.m.

Roll Call: Trustee Donald Butler, Trustee Lee Kehoe, Trustee Lynda Bowers

Mr. Kehoe explained that the Public Hearing is for the purpose of considering proposed zoning text amendments by the
addition of Section 308 Chippewa Resort Overlay (CRO) District and changes to Article XII Definitions of the Lafayette
Township Zoning Resolution submitted by Attorney J. Douglas Drushal, esq. The date and time of tonight’s public
hearing was established during the Lafayette Township Trustee meeting held on March 17, 2008 and all adjacent
property owners have been properly notified and the application and related paperwork are here at the hearing. Mr.
Kehoe explained that this business is all that will be considered at this public hearing.

Mr. Kehoe explained the procedures that will be followed for the Public Hearing.

Mr. Gary Sills introduced himself as a managing member of Chippewa Partners, LLC. Last summer they contracted to
purchase Chippewa Lake Park property. In October, they submitted an application for a text amendment to rezone the
property. Public hearings were held with the zoning commission. That document evolved through this process. After
meeting with the Medina County Planning Services and the Medina County Planning Commission, the best course of
action was determined to do an Overlay District which would not change the underlying zoning of the property, but would
overlay a permitted use for the property subject to approval of a specific plan. The Medina County Planning Services
took over the task of redrafting the document and arriving at this CRO District. This was submitted and approved by the
Medina County Planning Commission and the Zoning Commission.

Mr. Sills explained that they have proposed specific uses including hotel, residential, conference center, neighborhood
commercial, and related uses. This would be subject to a specific site plan. They would develop a plan that meets the
criteria of the CRO and also meets the zoning and planning standards for the Township as well as the county. They will
be going back before the Planning Services, the Planning Commission, and submit to the County Engineers (sanitary
and roadways), seek approval from the Corp of Engineers, U.S. Fish and Wildlife, and the Ohio EPA, as well as other
steps to have the site plan approved. Ultimately, they would come before the Zoning Commission and the Township for
site plan approval.
Mr. Sills showed the audience on a map the property that has been acquired as of last month. That will be the area
relating to the Overlay District. He explained that this application is only dealing with the area located within Lafayette
Township and not the area within Westfield Township. He pointed out that there are no roadways located within certain
areas of housing owned by others. From a legal standpoint, there is no legal access in those subdivisions. They have
had survey crews who have determined that there are many houses with title issues. Some houses are in the roadway
and hanging over the lots. This is about 20% of the houses. At some point, this will become an issue for these
homeowners. The developer, with cooperation from the homeowners, would like to replat those subdivisions and fix the
title issues. They also plan on dedicating access to those areas. They intend to pave the roadways. The elevation
issues can not be corrected. The plan would then be to dedicate those roadways to two newly created homeowners
associations. They do not wish to control or own those areas at this point. They have also spoken with the County
Engineers, who would come in and examine the sewer situation to see what could possibly be done.

Questions –

Mr. Rob Buck asked if the developer was aware of all of these problems before purchasing the land. Mr. Sills replied
yes, they were. The site does have its challenges with wetlands, flooding, and stream issues.

Mr. Buck asked what the developer’s main intention is. Mr. Sills replied that this is a Master Planned Residential Resort
Development. It will include a 100 room resort hotel as well as residential units. Owners within the development will
have access to hotel services. They are considering a tie-in with a medical facility. They would not consider the project
without both components of a hotel and residential.

Ms. Cynthia Naragone asked Mr. Sills to expand upon his remark about not doing anything for the elevations of the
properties. Mr. Sills replied that they are limited in what they can do. Mr. Drushal explained that drainage is an issue.
They will not be able to do anything with existing drainage. They would pave the existing streets to help with access into
the subdivisions.

Ms. Naragone asked if since they own the property, why they can’t do something to alleviate the flooding. Mr. Sills
replied that it is not an issue of “won’t”. They feel that their responsibility is to not exacerbate the problem with their
development. The submitted plan would not create any additional flooding. Mr. Sills stated that you can’t take a
subdivision that has existed for many years and decide to change all of the slab elevations. They are already below the
flood plain.

Ms. Katherine Fox restated that the developer is not interested in buying out the home owners, but in replatting the
properties to make them legal. She asked if there would be a time when they would consider buying out the homeowner’
s properties. She pointed out that there are a lot of interspersed plats of land within the homeowners’ properties that
belong to the original lake park that are used for land / green space. Will they be developing the property located
between homes? Mr. Sills replied that they do not see a desire to buy out the homes. In response to the lots that are
not built on, they have not given it a lot of thought. Some of the lots that are on the perimeter may end up with some
development. The lots located between homeowners are many times substandard lots and not buildable. It is not
currently in the plan.

Ms. Linda Billiski asked how long it will take to implement all of the plans. Mr. Sills responded that a lot of it depends
upon the market. They have many months of studies, and processes to go through as yet. It would probably take nine
months of work before they could get started. Ideally it would be a five year project, but could go sooner or longer.

Mr. Craig Chaplin asked where the hotel would be located and how their plans would impact Chippewa Yacht Club. Mr.
Sill replied that they had not submitted a plan, and does not wish to get into those details at this time. They have
extended the lease on the Yacht Club for an additional season. This is a prime spot within the project and will be used
for other purposes. Mr. Sills understands that the parks department may have some interest in helping the Yacht Club
relocate.

Mr. Ryan Andrews asked how many residential units would be placed in the development and the interest with the lake
with regards to boat slips, etc. Mr. Kehoe responded that this question was beyond the scope of the current public
hearing. The lake is owned by the park system. Mr. Andrews asked if there had been discussions about plans for the
lake. Mr. Sills replied that they do not own the lake. As to the number of units, a plan has not been submitted, but the
CRO text does limit them to a certain density.

Ms. Katherine Fox stated that part of the appeal of Chippewa is the historic aspect. She asked if there was future
potential planning that would preserve a part of the park history. Mr. Sills replied that there is not much to preserve.
The developers feel a responsibility in developing this site and will be sensitive to the history. The property will be done
in an architectural style that is sensitive to what should be and what was.

Mr. Todd Click stated that he is in a flood zone. He sees that the development is about 40% in a flood zone. Will that
effect them coming in to build. Mr. Sills replied that in it’s existing shape, it is in a flood zone. They plan to regrade the
site and reclaim areas in the flood zone to make them buildable. Attorney Drushal explained that the law doesn’t permit
building in a flood plain, but it does allow you to change what is in the flood plain and what is not. There are strict rules
that if something is taken out of a flood plain, it must be compensated for. Proof has to be supplied to the Corp of
Engineers as well as the Medina County Engineers Office that no extra water can be put anywhere because of what the
developer does. There are strict standards. The flood plain can be changed.

Mr. Drushal stated that this public hearing is a change to the zoning text. They are not presenting a site plan that will
show where a hotel or homes would be. Those plans will be presented to the Township officials before any dirt can be
moved. This will be another process. Tonight is simply asking for a change in the zoning code that would facilitate this
type of development. This would be an Overlay District. The initial application asked for a rezoning of the property.
After discussion, it was recommended to do an Overlay District. The underlying zoning is not changing. This would be a
PUD, where the plan will have to be presented to the Township at a later step. Mr. Drushal feels that this will facilitate a
wonderful development. The property is currently pretty clunky with quite a bit of crime. A lot of the buildings have been
arsoned. It is overgrown and the new development will add a wonderful improvement to the township. Jobs will be
created as well as provide an attractive physical appearance. When the prior owner owned both the property and the
lake, he could do whatever he wanted with the lake. The lake was sold to the Medina County Park District. Any
questions regarding the lake should be directed to the Park District. When the lake was sold, the property reserved the
right to put a limited number of boats and boat docks in Chippewa Lake, approximately 70 boats. Mr. Drushal would be
surprised if that number were ever reached due to the fact that none of the houses being built will be lake front homes.

The subdivisions were laid out in the 1920’s when there were no rules for laying out a subdivision. Mr. Drushal has
been in this type of business for 30 years and has never seen a layout this bad. There is no legal access for anyone to
get to their home. To completely fix the street would require raising up all of the homes. This is not realistic. However,
the streets can be upgraded to allow legal access. The prior owner refused to address this issue at all. Mr. Drushal
stated that the document being presented tonight was drafted by the Medina County Planning Commission. It has
received a lot of review.

Mr. Sills stated that this document is consistent with the goals of the Township with regards to the Comprehensive Plan
being worked on. Also, a major consideration for the County and the Zoning Commission was to arrive at a document
that would be good for the property and the township whether they are the developers or someone else.

Questions –

Ms. Annette Stutts asked if the roads are dedicated, who will be responsible for maintaining the roads. Mr. Drushal
replied that the hope is to create a homeowners association, at the cost of the developer, that would be responsible for
the road on an ongoing basis. If it is a dedicated road, the township would be responsible, but those internal roads will
probably not ever be dedicated roads. The Trustees do not have to accept a road just because a developer offers it.
The Trustees can say that they will only accept roads that meet a certain standard. The internal streets have houses
that are too close together. Ms. Stutts stated that their tax base is the same as everywhere else without all of the
services. Mr. Drushal replied that is correct, and that goes back to the 1920’s when a decision was made to accept
roads that were not legal. Because the houses are so close together, it would almost be impossible to create a legal
road at this time.

Ms. Katherine Fox asked if the improved roads would be used for access to the resort complex. Mr. Drushal replied that
there are two types of roads. A main road will go to the hotel and for access to the residential area. It is possible that
will be a dedicated road, but is being debated. It will be built to county standards. It will not be limited access. If those
roads are not dedicated, they will be maintained by a new homeowners association of the new residential homeowners.
All of the new lots will pay a monthly fee, a part of which will pay for upkeep of that type of road. The other type of road
is within the existing subdivisions. These can not become dedicated roads due to space restrictions. Ms. Fox asked if
the homeowners associations have any rights to apply for privileges with the resort facilities. Mr. Drushal replied that
decision had not been made. Some of the facilities will be open to the public.

Mr. Christopher Grusen stated that there have been lots dedicated to wetlands. Would those areas be altered in any
way? Mr. Drushal replied that was wetland delineation. Mr. Lynn Snyder replied that the surveyors were retained by the
developers to do a wetland delineation. There is certain criteria that must be met to declare a wetland area. The
wetlands can either be left alone or move them and create new ones in exchange or bank to mitigate the wetlands.
They have not made a decision as of yet. Any decision will have to involve Corp of Engineers, Ohio EPA, U.S. Fish and
Wildlife and possibly the county.

Ms. Shari Hannah expressed concern about the Hotel leading the way for the lake to be publicized which will bring in riff-
raff. Mr. Drushal replied that this type of hotel will not bring in riff-raff. This will be an upscale hotel.

Mr. Kehoe stated to the audience that the meeting is getting a little off track. These are good questions, but we need to
remain focused on tonight’s purpose. There is no concrete plan by the developer at this time.

Mr. John Alvey expressed concern about the developer having adequate funding to see this project through with all of
the extra charges that may come. Mr. Drushal replied that he is not at liberty to disclose the sources and existence of
funding, other than to say that construction can not start unless funding is in hand. He again reminded the audience
that the issue tonight is to decide upon the Overlay Zoning. The zoning would apply to this developer or any other
developer that may come in.

Ms. Deb Bican asked if there is a certain percentage of the Overlay District that will be residential. Mr. Drushal replied
the permitted uses are residential, limited commercial (hotel, conference facility), and other commercial uses that are
already permitted within our zoning code. A requirement of the code being presented is that at least 25% of the project
area has to be open space and green space. Open space does not include existing lakes and ponds, public and
private roads and rights-of-way, parking, access ways or driveways, set backs between buildings, set back between
buildings and streets, minimum spacing between building and parking areas, private yards, land subject to conservation
easements. The density requirement is no more than 3 dwelling units per acre. The tentative thought is to do cluster
homes, but this will be presented in the site plan.

Ms. Flo Piskach stated that any development that comes in to fix this area up would be a plus. The audience applauded
this statement. Ms. Peskach stated that the development actually went back to before 1900. Nobody complained when
250 homes were put in, that she does not see as beautiful.

Ms. Cynthia Naragone stated that the definition she received regarding open space and green space is in the Lafayette
Zoning Code, open space is space that residential structures can’t be on, but it can be parking lots, swimming pools.
Green space is a different definition. She would like clarification on this.

Ms. Karen Schoonover, Chair of the Zoning Commission, clarified that open space is in different areas of the zoning
code. The CRO definition defines usable open space as what is not allowed in it. Areas designated for usable open
space for purpose of the Chippewa Resort Development is land preserved in its natural state, such as wetlands,
woodlands, lakes or ponds used for active or passive recreation and / or could be used for storm water management or
water supply facilities. The actual draft of the text, explains how open space and green space are to be utilized for this
particular district.

Mr. Don Helmsman stated that this should be referred to as Act III. He explained some of the history of this property.
This plan has been proposed before.

Ms. Katherine Fox stated that there is not a lot of information about the developer online. She asked if there was a
website for the developer to allow the residents to follow along as the project continues. Mr. Drushal replied that his law
firm has a website, and the developers have a website, however it does not currently address this project. Mr. Kehoe
stated that the township also has a website that lists zoning meeting dates.

Mr. Mike Biskup, a member of the Zoning Board, replied that all zoning meetings are public meetings. He invited all to
come to their meetings and pose these type of questions on a more intimate level.

Mr. Kehoe asked for comments from adjacent property owners. There were none. Mr. Kehoe asked for comments from
others.

Ms. Sandra Cotman stated that the creek on the Chippewa Lake property is the primary reason why their area is
flooding. The creek is shallow and overflows and comes down the road. They do backup to the Yacht Club. Will there
be something done about the creek. She is concerned that moving the wetlands will put them in an even deeper hole.

No other comments were brought forth from the audience.

Mr. Butler stated that this interest is great. Feelings and concerns need to be made known to the zoning commission for
them to bring them to the board. He reiterated that this is an overlay and not a construction permit. He feels that there
is still a long way to go before the project starts and he wishes the developer luck.

Ms. Bowers stated that if this project is to move forward, there will be a long and complicated process of approvals.
Many of the questions tonight relate to a site plan and we are far from that point. Those meetings are advertised on the
township website, lafayettetownship.com. The Fiscal Officer can also let you know when meetings are being held. The
Zoning Commission has done a wonderful job of taking this application and making sure that the text will be appropriate
for this land. She also wishes the developers luck. Even if this developer is not successful the text will be in place for
appropriate usage of the land. Everyone involved did an incredible job in putting this language together. She thanked
the developers for taking the time to meet with the officials of The Village of Chippewa Lake.

Mr. Kehoe thanked the audience for their questions and comments. He also thanked all those who worked on the
various committees.

Mr. Kehoe motioned to adjourn the Public Hearing and move back into the Trustee Meeting. Mr. Butler seconded the
motion. All voting in favor.

Meeting adjourned at 8:10 p.m.

The Trustee Meeting reconvened.

Mr. Butler moved to approve the 308 Section for Chippewa Overlay District text addition and changes to Article XII
definitions of the Lafayette Township Zoning Resolution. Ms. Bowers seconded the motion. All voting in favor.

Mr. Butler moved to adjourn, seconded by Ms. Bowers. All voting in favor.

Meeting adjourned at 8:12 p.m.