Bainbridge Officials Say Park District Bypassed Local Zoning Procedures
March 29, 2018 by Diane Ryder

“As an independent political subdivision, the park district does not have to apply to the township.” – Trustee Kristina O’Brien

The Geauga Park District’s newest park, on 129 acres near a residential area in Bainbridge Township, is slated to begin construction sometime this year, but township officials expressed concern March 26 that local zoning is being left out of the planning process because district officials did not make preliminary zoning applications.

Ellerin Park, currently vacant land, abuts Country Lane to the south and Franklin Street to the west. Part of the park is adjacent to private property in the Chagrin Falls Park development.

The Geauga Park District purchased the acreage from Gerome and Rosalyn Ellerin in 2002 for $1.2 million and is planning a $950,000 construction project there beginning this year, according to reports.

Plans for the new park include a shelter, playground and walking trails, according to attorney David Ondrey, who represents the park district.

At Monday’s Bainbridge Township Trustees meeting, Zoning Inspector Karen Endres reported park district officials declined to apply to local zoning for permits for the structures, which she said bypasses the normal procedures in the planning process.

Endres said that, because the land is zoned for a passive park, any structures would be conditional uses, subject to the zoning appeals process because such uses could have an impact on surrounding landowners, who are usually notified of the conditional use application.

“Normally, there are zoning applications for structures,” Endres told trustees. “It goes to the zoning process, then to the county building department. In this case, the building department was put in the middle.”

Endres said when she finally received drawings for the development plans for the park, she was concerned proposed walking trails were not a minimum of 100 feet from the adjacent property lines. She said park officials agreed to move the trails to comply with the township’s zoning regulations.

Later, Trustee Lorrie Sass Benza said she was frustrated the park district opted to bypass the local zoning application process, but acknowledged the park district is within their legal rights under settled case law as a separate political subdivision.

Benza said Endres received a letter from Ondrey Jan. 11 outlining the park district’s position that, as an independent political subdivision, it is not required to go through the township’s zoning application process.

Park district officials were willing to meet with township zoning officials to hear their concerns and have made every effort to comply with local zoning regulations, Ondrey’s letter read, in part.

Benza said the letter was in error because although it named the park in question, it did not give an official address. She said the park was planned conceptually before the township received any notice from the district.

“I was not involved in those negotiations,” Endres said.

“None of us were,” Benza said.

“I received (the plans), identified some concerns and shared those issues with our legal counsel,” Endres said.

Benza cited a March 21 email from Ondrey to Geauga County Prosecutor Jim Flaiz, outlining the park district’s willingness to re-locate the trails, adding the district would obtain any necessary permits from the Geauga County Building Department, not the township.

Benza said the park district bypassed local zoning in order to expedite the construction.

“As an independent political subdivision, the park district does not have to apply to the township,” Trustee Kristina O’Brien said. “I think our residents will be happy with this park.”

Benza added, “I don’t think there is anything nefarious or underhanded going on here,” but added she thought if the park district can bypass local zoning, other independent political subdivisions, such as the school district, may follow suit in the future.

Reached by phone Tuesday, Ondrey said, “The courts have made it clear that as a separate political subdivision, the park district is not obligated to apply for township zoning approval, but we have made reasonable attempts to comply with local zoning.

“I think Bainbridge will be very pleased when (the park) goes in,” Ondrey added. “It will provide more opportunities for outdoor recreation. Park district officials are very pleased that Bainbridge has cooperated in resolving any zoning issues.”