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The regular meeting of the Millcreek Township Planning Commission was held on Tuesday, November 14, 2023, at 5:30 p.m. in the Assembly Room of the Millcreek Township Municipal Building, 3608 West 26th Street. Planning Commission members present, Chairman Mr. Gene Strohmeyer, Messrs. Kubeja, Prozan, Sitter, Skellie, Stewart, and Reade. Also, present were Matthew Waldinger, Director of Planning & Development, Julie Maggio, Assistant Zoning & Development Officer and Attorney Jennifer Hirneisen, Counsel for Township. Absent was Mr. Fugate.
The meeting was called to order at 5:30 PM by Mr. Strohmeyer.
At this time, Mr. Strohmeyer informed the public that the Planning Commission proceedings were streamed live online and are accessible at https://www.millcreektownship.com/meetings.
Following the Salute to the Flag, a motion was made by Mr. Skellie, seconded by Mr. Prozan and carried that the Minutes of the Meeting of October 3, 2023, be approved.
The following Subdivisions were heard:
PAMELA A. LEINS SUBDIVISON #2. Small Subdivision Plan. A subdivision plan to show the creation of an 8,620.0 square foot lot (Lot 2) from 3317 Asbury Road (Lot 1, tax parcel ID 33-62-235-60), creating a residual lot of 20,613.1 square feet. Lot 2 is to become an integral part of 4665 Tulane Avenue (tax parcel ID 33-62-235-2) resulting in a 0.623-acre lot, along the south line of Tulane Avenue, east of Asbury Road, in Tract 310. Index 424-029
Pam Leins, 3317 Asbury Rd, was present on behalf of this petition.
There were no other public comments.
After discussion, it was moved by Mr. Skellie, seconded by Mr. Sitter, and carried 7-0 to recommend approval of the petition to the Board of Supervisors with the following:
Requirement:
SUBDIVISION OF THE LANDS OF PAUL R. WHITEMAN & JONI RAKOWSKI. Small Subdivision Plan. A subdivision plan to show the creation of a 9,472-foot Parcel "A" and a 7,375 square foot Parcel "B" from 3225 Lake Lure Drive (tax parcel ID 33-17-31-1) at the southeast intersection of Lake Lure Drive and Oregon Avenue, in Tract 003.Index 279-041
Paul Whiteman, 3225 Lake Lure Dr, was present on behalf of this petition.
There were no other public comments.
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After discussion, it was moved by Mr. Kubeja, seconded by Mr. Sitter, and carried 7-0 to recommend approval of the petition to the Board of Supervisors.
SUBDIVISION PLAN FOR PART OF THE LAND OF HANH T. NGUYEN, VIET PHAM AND TUAN PHAM. Small Subdivision Plan. A subdivision plan to show the creation of a 54,149 square foot Lot A with a residual lot of 15.52 acres from tax parcel ID 33-125-555-49.01 at the northwest corner of Lancaster Road and Zimmerly Road, in Tract 350. Index 605-015
Mike Sanford, 4721 Atlantic Ave, spoke on behalf of this petition. He stated he was the surveyor, and they would like to subdivide a 1.2-acre lot off the corner of the parcel.
There were no other public comments.
After discussion, it was moved by Mr. Sitter, seconded by Mr. Kubeja, and carried 7-0 to recommend approval of the petition to the Board of Supervisors.
The following Rezoning was heard:
WENDYS OF FORT WAYNE INC for property located along Wager Road and identified by tax parcel ID 33-198-641.0-002.00, now zoned CR Conservation Residential, asking for the parcel to be classified as C3 Interstate Commercial. Index 933-006; County Index 33-198-641.0-002.00
Charlie Fox, 180 Canal View Blvd, Rochester NY, was present on behalf of this petition.
Mr. Stewart asked what the plans were for this parcel. Mr. Fox replied that they were going to sell the property, but it fell through because the buyer informed him that they could not do what they wanted to with the property because it was rezoned. Mr. Fox found out that the Township had changed the zoning on some properties, and this happened to be one of them. He was here to request the zoning be changed back to what it was originally zoned so he could sell his property.
Julie Leonard, Erie County Conservation District (ECCD) Board of Directors, 118 Columbia Circle, spoke in opposition to the rezoning. She stated that according to the Millcreek Ordinance the purpose of the Conservation Residential classification of Lot 6 was to protect natural amenities and to create a community wide network of open space enhancing the community's overall quality of life and to permanently preserve property with sensitive environmental features and potential recreation utility. Their district at Headwaters Conservation Park consists