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of 80 protected acres which border two sides of the proposed rezoning. The purpose of the ECCD was to protect the environmentally sensitive Headwaters Millcreek in addition to providing recreational opportunities to the citizens of Erie County. The lower portion of the proposed rezoning contains designated wetlands located in the floodplain of Millcreek. This property was in their master plan as one to acquire or protect as part of the park's expansion. They had recently completed a boardwalk and observation platform for educational and recreational opportunities located in the wetlands south of Lot 6 (proposed rezoning parcel). They felt that changing the zoning would detract from the beauties of Headwaters Park and be in opposition to the park's master plan and their district plan to protect and conserve environmentally sensitive areas and the natural resources of Erie County. She encouraged all to take a walk through the beautiful Headwaters Park before the meeting on Tuesday December 19th.
Mr. Kubeja asked if the ECCD approached Mr. Fox to purchase the property. Ms. Leonard responded that the District Manager of the Conservation District (Tom) contacted someone from Wendy's several months ago and asked for a donation of the lot or a reduced price for the purchase of the lot. It was denied. Mr. Fox responded that no one had contacted him concerning the property which would have been him directly.
Mr. Prozan asked Mr. Fox if he would have an objection if they tabled the rezoning until next month to give him time to discuss the property with the ECCD. Mr. Fox responded if they would like to purchase the property for $400,000 or $500,000 like the last offer that would be fine. Ms. Leonard asked for a reduced-price offer considering the circumstances with the environment at stake.
Mr. Skellie informed Mr. Fox if the property was appraised, he would be able to write that off in taxes if the land was donated. Mr. Fox differed with Mr. Skellie that only a portion was able to be written off for tax purposes. Mr. Skellie suggested that the back portion of the wetlands could be donated or sold. Mr. Fox was hesitant, too, because if someone were to build, the setbacks and requirements would limit the buildable area even more. Mr. Skellie felt that Mr. Fox needed to have a conversation with the ECCD.
Mr. Strohmeyer suggested that this petition be heard again in December to give Mr. Fox and the ECCD time to discuss the property. Mr. Fox was not happy with the idea of the rezoning being tabled. He wanted the rezoning to continue with the vote because he felt it was in his best interest to have the property revert to the original zoning before the Township changed it.
Mr. Waldinger explained to the members the process of rezoning and the timeline involved to clear up any confusion.
Mr. Kubeja wanted Mr. Fox to talk to Ms. Leonard and the ECCD. Mr. Fox informed Mr. Kubeja and the board that he would talk to them.
There were no other public comments.
After discussion, it was moved by Mr. Skellie, seconded by Mr. Sitter, and carried 5-2 (Mr. Prozan and Mr. Reade opposed the motion) to recommend that this petition be tabled. Despite the landowner's objection, five members felt tabling would give the property owner time to go over the options available to him for his property and hold conversations with the Erie County Conservation District.
There being no further business to come before the Commission, the meeting was adjourned on motion by Mr. Sitter, seconded by Mr. Skellie, and carried unanimously at 6:06 PM.
Doug Prozan Secretary
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