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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

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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