Road questions drive 2-1 vote
ELYRIA — Lorain County commissioners rejected a request Tuesday to annex about 65 acres of Amherst Township into Elyria after a lengthy discussion centered on the accuracy of the application, access to the property and who would be responsible for roads serving future development.
The Type 2 expedited annexation involved approximately 65.26 acres and was requested by Builders & Developers Co. Inc., whose president is Richard Beran. Attorney Jon Clark represented the petitioner before commissioners.
The motion failed 2-1. Commissioners Marty Gallagher and David Moore voted no, while Commissioner Jeff Riddell voted yes.
The vote followed nearly 40 minutes of discussion involving commissioners, Amherst Township representatives and Clark.
Township questions application
Amherst Township Trustee Neil Lynch said the township was not opposed to development but believed the expedited annexation application failed to meet all of the requirements commissioners were required to consider.
Lynch appeared with fellow trustees David Urig and Jeremy Watson.
Barbara Tamas of the Lorain County Prosecutor’s Office also spoke on behalf of the township. Tomas said she noticed a discrepancy when comparing the acreage listed for the parcels with the approximately 65.26 acres included in the annexation request.
She also pointed commissioners to portions of the survey map where the proposed annexation stopped short of the center of surrounding roads.
That would leave the county responsible for one road and Amherst Township responsible for another, Tomas said.
Lynch later told commissioners he believed the petition failed the first of seven conditions they were required to consider because, in his view, the legal description, map and other documents did not accurately describe the same territory.
He also questioned whether the proposed development would have adequate access if the road rights of way remained outside the annexed territory.
Commissioners stressed that their decision could not simply be based on whether they believed the annexation was good or bad for the communities involved.
Their role in a Type 2 expedited annexation was to determine whether seven requirements established under state law had been met.
Roads, services raise concerns
Township officials also raised concerns about what would happen if development on the property used township roads while Amherst Township received little additional revenue to maintain them.
Lynch said he met with Elyria officials before the commissioners’ meeting and was told the city intended to use tax increment financing, commonly called TIF, at 100% for 30 years on the property.
Lynch said Amherst Township currently receives about $95.38 a year in property taxes from the land.
He argued the township could potentially remain responsible for road maintenance, fire and emergency medical services while receiving little additional revenue from development.
Township representatives acknowledged that some of those financial concerns were not among the seven factors commissioners could use to decide the annexation.
They argued, however, that the road boundaries were directly relevant because they raised questions about access and whether the application accurately showed what property would become part of Elyria.
Clark disputed the township’s position.
He told commissioners the map and legal description had been reviewed by the county engineer and approved as accurate. Clark maintained that the petitioner had met all of the requirements for the expedited annexation.
Commissioners continued questioning what would happen to portions of the road rights of way left in Amherst Township and how vehicles would enter and leave the property.
More talks possible
Before the vote, Clark said there was not enough time to negotiate a new agreement involving the township, developer and Elyria before the deadline for commissioners to act on the existing petition.
He said, however, that his client was willing to continue discussions.
Clark said the developer would meet with Amherst Township and Elyria to work through the issues and could consider another annexation or a different type of expedited annexation if an agreement could be reached.
Commissioners then called the vote, with Gallagher and Moore opposing the request and Riddell supporting it.
The rejection does not necessarily end attempts to develop or annex the property. During the discussion, officials said additional talks could continue and another annexation proposal could follow.
