Commissioners approve Elyria annexation of Chestnut Ridge property

The Lorain County commissioners voted unanimously on Tuesday to approve the annexation of nearly 10 acres of Eaton Township and Carlisle Township land into Elyria. The request to annex the land was made by representatives of the now-closed Chestnut Ridge Baptist Church at 38550 Chestnut Ridge Road, at the northwest corner of Chestnut Ridge Road and state Route 57. Elyria City Council must now wait at least 60 days to vote on final approval of the annexation, according to attorney Jon Clark, who is representing the Chestnut Ridge Baptist Church. Clark said the city can wait up to 120 days to approve the annexation, and if it does not act by that point the annexation will be considered rejected. The land to be annexed is split between two parcels totaling 6.2184 acres in Carlisle Township, a 3.4909-acre parcel in Eaton Township and 0.4676 acres within the right of way of Chestnut Ridge Road. Clark told the commissioners at their meeting Tuesday their decision was "simple." He said all the commissioners had to consider was whether the petition was accurate and then "go down a list of seven items and if they're present, it must be approved." Though it wasn't required to, the board agreed to hear objections by Eaton Township Trustee Jason Monschein and the township's attorney, Al Schrader. Clark objected to that, saying that Eaton Township isn't a party to the annexation petition and had no legal standing in the matter under the type of annexation that was being requested. Commissioner Jeff Riddell, a Republican and board president, allowed Schrader and Monschein to speak. Schrader said the deadline for the annexation petition wasn't met by the petitioners — both Eaton Township's clerk and the city of Elyria received it too late, he alleged — and other notifications weren't made in a timely manner. Schrader also questioned who would handle road maintenance, as the annexation splits Chestnut Ridge Road down the middle, and state law has requirements for what happens in that situation. "The requirement is if a road is going to be segmented or divided in a manner that would cause a road maintenance issue, a city as a condition of annexation has to agree to maintain it," Schrader said. "The city did so, but not as a condition of annexation. We believe that doesn't meet the requirement of the statute." Townships, he said, "need to have some assurance if a road is segmented ... that that maintenance program be taken care of." Elyria has approved an ordinance saying the city would take over all maintenance of segmented roads, but Schrader said that the annexation was not contingent on that ordinance being upheld, which he argued was required by law. Riddell reminded Monschein that he and the township aren't parties to the annexation. "The church desires the annexation," he said. "They are a party." Monschein brought up several past annexations that were fought in court, but Riddell stopped him. "You can't go to court, but you want us to be your court," he said. "I want the standards of the statute to be met," Monschein replied. "If we gave away 3, 4 acres every day we wouldn't be much of a township." After the board heard the concerns of the township, Riddell asked fellow Republican Commissioners Dave Moore and Marty Gallagher if they had any issues with voting on the annexation Tuesday. Both said they did not, and the annexation was approved unanimously. "Their job was really limited to looking at seven specific items," Clark said Friday. "They indulged the township by allowing its attorney to try and confuse them, but the township is not a party so it's been approved … (Eaton Township) tried to raise other objections that weren't even relevant. I wasn't really happy about that, but I guess that's their lawyer's job to do. But the commissioners understood what their role was and they made the appropriate decision." Elyria Mayor Kevin Brubaker has said that he had spoken with representatives of the church as well as of Luv Retail, a Florida real estate and retail company that plans to purchase the property and develop it for commercial use following the annexation. Contact Dave O'Brien at (440) 329-7129 or dobrien@chroniclet.com. Contact Owen MacMillan at (440) 329-7123 or omacmillan@chroniclet.com.