Planning Commission – 9-13-2022
Meeting: September 13, 2022 at 7:30 am Geauga County Administration Building, 12811 Ravenwood Drive, Claridon. This meeting was in person with no virtual option.
Commissioners Dvorak and Lennon were in attendance as well as: Dennis Bergansky, Walter (Skip) Claypool, Caterina Cocca-Fulton (chair), James McCaskey, Dan Miller, John Oros. Gary Neola was not in attendance. Mr. Spidalieri was present from about 9:07 – 9:23. Mr. Dvorak left at 9:23 and Mr. Lennon shortly after that to attend the Board of County Commissioners meeting.) Staff members in attendance: Linda Crombie, Planning Director, Allyson Kobus, Planner II and Pamela Irizarry, Administrative Assistant
The minutes from August 9, 2022 were approved.
FINANCIAL REPORT AND APPROVAL OF EXPENSES - approved
There is a balance of $72,616; Expenses were approved.
The Chair acknowledged the presence of re-appointed member Mr. Nicholas Gorris, for a term through December 31, 2024
Director’s Report
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Model Zoning – The Model Zoning sign section was put in a drop box link to the members (not available to the public). Mr. Claypool stated that he wants to challenge this. Ms. Caterina Cocca-Fulton said she would look into it to see if there was an Ohio Attorney General’s opinion.
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Cleveland Ohio Planning and Zoning Workshop will be October 11
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Ohio GIS Conference cost has gone up to $1300. Allyson Korbus will attend
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The Health Department has eliminated their POS (point of sale) inspections after 6/30/2022.
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County Subdivision Regulations will need to be updated. There will be a need to assess in terms of Geauga Health District septic reviews, especially for major subdivisions.
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The Budget Hearing for the Planning Department will be October 4th with the County Commissioners
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There were 71 points of contact for the month, including 28 lot splits, 3 easements and several informal reviews.
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There was an August 5th meeting of the CEDS (Comprehensive Economic Development Strategy) of NOACA (Northeast Ohio Areawide Coordinating Agency. The September 2nd meeting was canceled. Mr. Claypool said that he wanted to have a discussion about this but there was no follow up approved.
Township Amendments to be reviewed
Munson Township - Approved with Modifications
There was an extensive discussion of this proposed amendment. The Amendment would take churches out of permitted use in a Residential Zone. The rationale was that they are already a Conditional Use in Residential. The difference is that with a Permitted use there is no need to submit anything to the Zoning board of Appeals.
Mr. Claypool’s opinion was that this was a violation of the Constitution since it created an unfair burden on religious groups. The Chair responded that regulation is not the same as prohibiting but that she will look into it. Mr. Claypool stated, “Why didn’t the Director comment on this?” The Director and the Chair had also mentioned that having churches in a residential zone as a conditional use was common among other townships. (Observer Note: There was no discussion as to whether a church was a permitted use in other zones in the Township other than Residential. Munson Zoning does provide for Churches as a permitted use in the Commercial Zone See http://www.munsontwp.com/Article%204.pdf ).
It was noted that there were considerations of traffic, parking and other factors regarding Churches being permitted in a Residential Zone. After much discussion there was a motion to approve but with modifications. It was noted by the Chair that Munson Township does not have to take the action recommended by the Planning Commission.
Troy Township Text Amendments – Deny as to Text Amendment No. ZC2022-05
There were two major issues of concern:
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Change would allow only one permitted use per lot. This would cause issues in cases where there was a residential use in conjunction with commercial or retail use.
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Trucking and Transportation were removed from general business district. Historically, these were not permitted in the general business district, then there was an amendment to approve them, during which time Lone Wolf Transportation established a trucking business in the general business district. Now this amendment would prevent others from establishing these
types of business and also prevent Lone Wolf from expanding.
They also changed the setback from 75-100’ which will make almost every business nonconforming.
There was a long discussion about whether to deny or approve with modifications. If there is a denial, no notes are sent to the Township (per the Prosecutor’s opinion). Mr. Gorris asked if there could be a mandate for an informal review, but the Director said that ORC does not list informal review as a requirement.
Old Business
Pay Grade Upgrade – next meeting
Derchar Subdivision – Yesterday the developer went to the Board of Health, anticipated for October meeting
Model Zoning – There was a discussion about supplementary conditions on variances (Munson and Auburn were referenced). The Prosecutor’s office is considering making this clear for October meeting. There is a US Section 1983 case that has bearing on this Model Zoning section. Mr. McCaskey stated that it has to be fixed but he was willing to wait until October since the Prosecutor’s office is working on it.
Website Update – The Director stated that they now have the ability to post Agenda and minutes – they had a training with ADP staff. The chair stated that it is always the right of the Board to change the Agenda as needed. A question was raised as to whether the Planning Board should host their own website. There was no decision on this, but it was suggested that it should be made clear on the County website the Planning Board does not report directly to the Commissioners but is independent.
Reviewer’s Comment: the 11 member Planning Commission includes the three County Commissioners plus eight members appointed by the County Commissioners.
Adjournment at 9:35 am
Next meeting will be October 13, 2022 at 7:30 am.
More Information available here: https://www.co.geauga.oh.us/Departments/Planning-Commission
Minutes when available are posted here: https://www.co.geauga.oh.us/Departments/Planning-Commission/Minutes
Name of Observer: Gail Roussey
Reviewer: Shelly Lewis
Submitted 9/19/2022
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