Riverside appealing permit denial

Conditional use permit would’ve allowed district to build new school

Riverside School District is appealing a Concord Township Board of Zoning Appeals decision denying a conditional use permit to it them to build one of two new elementary schools.

After passing a 1.92-mill bond issue in November, the school board unanimously voted to buy 10 acres at 12428 Concord Hambden Road in Concord Township, plus an additional adjacent 5-acre parcel.

“The property was purchased as a site of a new school,” school board attorneys David and Katherine Riley said in the complaint filed Oct. 11 in Lake County Common Pleas Court. “Compliance with the denial of the conditional use permit would frustrate or significantly hinder the public purpose underlying the acquisition of property . ... Providing schools for the community is an essential function of a school district. Riverside will operate a new school in a

Concord Township trustees sent School Board members a letter dated Sept. 25 asking them not to sue the township after the Zoning Board denied the permit.

manner that will be a community asset. Riverside analyzed many other locations prior to purchasing the properties.”

Concord Township trustees sent School Board members a letter dated Sept. 25 asking them not to sue the township after the Zoning Board denied the permit.

“It has been made clear by concerned residents as well as the Board of Zoning Appeals that the current location you have chosen is not properly suited for the size and scope of the project you propose,” the letter stated. “... We advised that the location you chose was not a good one from the standpoint of both traffic and lack of sewer connectivity.

“It appears the Board of Education believes the only course of action is to litigate the matter. Please know that we do not believe this is a sound strategy. First, the township will fully defend the decision of the Board of Zoning Appeals in court. This will undoubtedly result in lengthy delays that could take years and cost both the township and Board of Education thousands of dollars in legal fees . ... Please understand this letter is not intended to threaten the Board of Education in any way. We are asking you to come to the table and work with us to find a new location that works for both Riverside and Concord Township . ... We want to continue being community partners, not adversaries. To that end, we ask that you not file litigation with the courts and work with us to find a constructive solution to this matter.”

Concord Township Trustee Christopher Galloway did not return a call for comment on the lawsuit.

However, School Board attorneys claim the Board of Zoning Appeals acted in an arbitrary and unreasonable manner by determining a school could not be built on the property, which is zoned residential. They noted that the zoning resolution requires schools be located in residential areas or town hall commons areas. The suit also states: • Besides spending $556,000 in bond proceeds to buy the land, Riverside has spent an additional $56,345 in environmental assessments, traffic studies, site surveys and sanitary system design expenses related to the acquisition.

• The school is being designed by Fanning and Howey, which is nationally known for high-quality school architectural work. It will have a two-story academic wing, high bay areas for the gym and cafeteria and will be mostly masonry construction with a masonry veneer.

• Riverside is working with the Ohio Environmental Protection Agency to design sanitary and drainage structures for the property.

• The site circulation plan that was provided to the appeals board separates bus traffic from parent drop-off traffic. Pedestrian traffic is also provided for in the site plan.

• The small amount of wetlands in the southwestern corner of the site will be protected and maintained during construction and afterward.

• The zoning resolution in question requires a school be located on a parcel with at least 5 acres of land and a minimum lot width of 300 feet at the building setback line. Riverside has purchased more than 14 acres and has about 800 feet of frontage on Route 608.

• The zoning resolution requires schools be located on a major street or have direct access to a major street without having to go through a residential neighborhood. Concord Hambden Road (Route 608) is a major Concord Township street with no road directly connecting the school to a residential neighborhood.

• The school plans to meet all other zoning requirements, including the requirements that all exterior lighting be directed toward the interior of the lot to minimize light emission onto neighboring properties, and that all refuse and play areas be enclosed.

The case has been assigned to Judge Eugene A. Lucci.

Meanwhile, another new elementary school will be built on the current Madison Avenue site at 845 Madison Ave. in Painesville Township.

The district will construct the two larger elementary schools while closing Hadden, Hale Road, Leroy and Madison Avenue elementary schools.

The estimated timeline to open the schools to students is August 2019.

“It has been made clear by concerned residents as well as the Board of Zoning Appeals that the current location you have chosen is not properly suited for the size and scope of the project you propose.” — Concord Township trustees in a letter sent to School Board members dated Sept. 25