Plan Commission: 'imminent, potential litigation' on horizon for West Park Shopping Center
The Mansfield Planning Commission had a full agenda Tuesday, including requests for approval of zoning changes to allow for a livestock harvest facility, or slaughterhouse, on the city's northside and another plan by a local Realtor to build 15 duplexes near North Home and Walker Lake roads across town.
Those two separate items were tabled, as commission members said they needed more information before taking any action.
'Imminent, potential litigation'
While the West Park Shopping Center was not on the agenda, the commission ended its meeting in executive session discussing "imminent, potential litigation."
No action was taken after members returned to Council Chambers to adjourn the meeting.
Mansfield Law Director John Spon requested the executive session, saying his office had received a letter from attorneys for West Mansfield Realty Co., owners of the West Park Shopping Center.
The commission last month voted to deny a demolition appeal to the owners of West Park Shopping Center and move forward with their own efforts to demolish two-thirds of the dilapidated, vacant shopping center at 1157 Park Avenue West.
"In light of that, information was communicated to West Mansfield Realty Company and their legal counsel sent a letter to the city stating their position," Spon said Tuesday. "They categorized it as a confidential, privileged settlement communications. For that reason, I'm recommending the commission have a motion to go into executive session so that we can discuss the imminent, potential litigation that that West (Mansfield) Realty is now threatening the city.
"We can discuss it and try to understand it and then decide what, if anything, we respond," Spon said.
Spon said the correspondence was only recently received.
"It's only proper that you as the jurisdictional entity involved in this subject matter, this development, consider what this law firm is saying then respond to it in the manner that you believe is appropriate," he said.
Last month, the planning commission voted 5 to 2 to deny a demolition extension appeal to West Mansfield Realty LLC.
When the mostly vacant shopping center at 1157 Park Avenue West will be demolished continues to be debated.
Fifteen duplexes planned for North Home and Walker Lake roads area
In other news, the commission asked Realtor Jerry Holden to come back to the board when he has more information about his proposed development to develop a Planned Unit Development (PUD) district within 10 acres that is owned by the Holden Property Group. The area of North Home Road, north of the intersection of Home and Walker Lake roads, is zoned multifamily. The property is adjacent to land owned by the Ohio State University at Mansfield.
Local developer wants to build storage buildings for local contractors
Another item on the busy agenda was a petition from James Boyd who requested to rezone 475 S. Diamond St., a 10-acre area, for mini-storage buildings for contractors wishing to store equipment.
Boyd said the proposed construction is not for regular storage units but to build 30-foot-by-240-foot buildings with 9-foot wide doors.
He is looking to help support local businesses and offer a safe and secure community.
"I see this as creating more economic opportunity for the city," Boyd said. He added many local contractors don't need a billion-square-foot warehouse, but rather 1,000 square feet, or 300 square feet to be able to sell their e-commerce business and store their products.
Boyd said his investment would be $500,000 TO $750,000.
Some commission members were concerned about the wide scope of businesses that can locate in B-2 zoning including gas stations, but another commission member, Dave Messmore, said he believes it would improve the look of the area.
"That's a pretty bad-looking area and it seems this would be quite an improvement and I don't think there would be a lot of traffic or a lot of noise. I think it would improve that area. That's been looking bad for a lot of years," he said.
Member Dan Seckel said once a property is rezoned B-2 there is nothing the commission can do about use.
"Once it's rezoned we can't say it's only storage units and it becomes anything that in the B-2 zoning is fair game," he said.
The commission voted 3-3 with Mansfield Mayor Tim Theaker breaking the tie vote, recommending the matter be sent to City Council to make the final decision on Boyd's request for a rezone. Boyd said it would not be a 24-hour facility.
Yolanda Allen, 312 Dale Ave., came to voice her objection to the storage units, calling the project "disparaging" for the residential neighborhood.
Request to modify industrial zoning to allow a livestock harvest facility
Members also discussed briefly yet another request before tabling it from E. R. Boliantz Packing Co., Inc. who would like to consider purchasing a building at 1325 N. Main St. pending approval of zoning changes to allow for a livestock harvest facility at that location. This is a five-acre parcel with 29,000-square-foot building. The building was previously used for indoor soccer.
The matter of a slaughterhouse was new to members, who asked that the owner be contacted to come before the commission to explain exactly what would be done at the site.
Marc Milliron of the city's codes and permits office said Boliantz is running out of room at its Ashland facility.
"He wants to know if we can remove (the statement) 'slaughtering of animals,'" Milliron said. Milliron said the industrial zoning regulations do not currently allow for slaughtering of animals. Boliantz would need the zoning ordinance to be amended.
Currently, Boliantz's harvest floor and wholesale distribution division is housed at 1535 Cleveland Ave., Ashland, zoning inspector Marc Milliron said of the request. That Ashland facility is 9,762 square feet and occupies a 3.55-acre lot adjacent to U.S. 42 and U.S. 250. The company also operates a meat packaging company on Springmill Street.
lwhitmir@gannett.com
419-521-7223
Twitter: @lwhitmir
This article originally appeared on Mansfield News Journal: Local developer seeks zoning change to build storage units
