geauga county planning commission

PC Meeting Minutes (11/8/16) 1

GEAUGA COUNTY PLANNING COMMISSION

REGULAR MEETING MINUTES

NOVEMBER 8, 2016

In the absence of Chairman Christine Peace and Vice Chairman David Short, Secretary/

Treasurer Blake Rear was Acting Chairman. He called the November 8, 2016 regular meeting of

the Geauga County Planning Commission to order at 7:00 p.m. at 470 Center Street, Building 1-

C, City of Chardon. Following the pledge of allegiance, the roll was called and the following

members were present. A quorum was obtained.

Roll Call

Members Present: Blake Rear, Cathy Cotman, Walter Claypool, Charles Stevens, Marge

Hrabak, and Thomas Jones.

Members Absent: Christine Peace, David Short, Ralph Spidalieri, Tracy Engle, and Chester

Miller.

Staff Present: David C. Dietrich (Planning Director) and Karen Baptie (Planning Technician).

Others Present: Diane Jones and Brett Dawson (Payne & Payne Builders).

Approval of Minutes

Mr. Claypool made a motion to approve the October 11, 2016 meeting minutes. Mrs. Hrabak

seconded the motion, and upon a call for the vote, the motion carried. Mr. Rear abstained due to

absence.

Financial Report and Approval of Expenses

Mrs. Baptie presented the financial report and the summary of expenses.

Mr. Stevens made a motion to approve the financial report for November 8, 2016 and the

summary of expenses marked Exhibit “A” totaling $1,007.10. Mr. Jones seconded the motion,

and upon a call for the vote, the motion carried unanimously.

Director’s Report

Mr. Dietrich presented the following.

Bainbridge Township: Future phase of Canyon Lakes

Burton Township: Loading/unloading space requirements

Chardon Township: Cemetery regulations

Middlefield Township: Junk vehicles

Parkman Township: Building floor area

Troy Township: Setback minimums


Other Business

There was none.

Major Subdivisions to be Reviewed

A. The Villas of Gates Landing

Bainbridge Township

Final Plat

Mr. Dietrich presented the following staff review.

Prepared For: EDDM, LLC

Prepared By: Neff & Associates (Jeremy Ousley)

Location: North side of Flintlock Ridge approximately 1,000 feet east from Chagrin River

Road.

Subdivision Tabulation:

Total Area: 12.7610 acres

Area in Sublots: 8.7793 acres

Villa Ridge (Block “F”): 1.2739 acres

Open Space (Blocks “B-2” & “G”): 2.7078 acres

Sublots:

Number: 29 (sublots 32-60)

Size: 0.1694 – 0.5478 acres

New Roads:

Number: 1

Name: Villa Ridge

Length: 934.26 linear feet

Township Zoning:

The zoning criteria for the subdivision have been set forth in the agreed judgment entry

signed by the developer and Bainbridge Township case no. 97M000585 dated July 9,

1999.

Minimum Lot Area: None per entry.

Minimum Lot Frontage: None per entry.

Minimum Setbacks:

o Front: 15’ or 25’ from edge of pavement, whichever is greater.

o Side: 7.5’ (15’ between dwellings).

o Rear: 50’ outer boundary; 25’ for internal sublots or easement boundary per plat.


Utilities:

Underground telephone, cable TV, electric and natural gas

Central water and sanitary sewers

REVIEW

County Engineer:

Plat is approved. Surveyor is showing that pins and monuments will be set (email dated

October 26, 2016 from Nicholas J. Gorris, PE).

Geauga Soil and Water Conservation District:

The revised WMSC Plan was approved on February 3, 2016 (email dated October 26,

2016 from Carmella Shale).

County Tax Map Department:

Plat is approved (email dated November 7, 2016 by Michael Bender).

County Water Resources Department:

No comments on the plat. The Water Resources Department interests are covered under

the dedication language (email dated October 26, 2016 by Gerard Morgan). The BOCC

approved the improvement plans for sewer and water on May 10, 2016 (email dated

October 26, 2016 by Gerard Morgan).

Bainbridge Township Zoning Inspector:

The plat complies with applicable zoning (signed by Karen Endres, Zoning Inspector, on

November 1, 2016).

County Planning Commission Staff:

The final plat is in compliance with the applicable provisions of the County Subdivision

Regulations.

The Board of County Commissioners approved an amended judgment entry with regard

to Canyon Lake Colony Subdivision in 1999. A supplemental judgment entry was filed

in 2007.

The proposed roadway, Villa Ridge, is a private road right-of-way (50') that is being

granted to the Villas of Gates Landing Homeowners Association, Inc. for maintenance.

A storm sewer easement, a storm water management easement, a landscape easement,

and a conservation easement are being granted to the Villas of Gates Landing

Homeowners Association, Inc. A conservation easement is also being granted to the

Canyon Lakes Colony Master Association, Inc.

Open space Blocks “B-2” and “G” will be granted to the Villas of Gates Landing

Homeowners Association, Inc.

Sewer and water main easements are granted to the Board of County Commissioners.

The declaration of covenants, conditions, easements, and restrictions is to be recorded

prior to the plat and the volume and page number from the Geauga County Deed Records

added to the plat.


RECOMMENDATION

Approve the final plat of Villas of Gates Landing Subdivision.

Mrs. Cotman: Explain the differences between a public and private road.

Mr. Dietrich: The construction specifications are the same. A private road must be maintained by

the HOA.

Mr. Dietrich: Are all of the road, sewer, water and storm water improvements installed?

Mr. Dawson: Yes, they are completed.

Mrs. Hrabak made a motion to approve the final plat for the Villas of Gates Landing Subdivision.

Mr. Claypool seconded the motion, and upon a call for the vote, the motion carried unanimously.

Township Zoning Amendments to be Reviewed

A. Newbury Township Amendment No. 2016-1

Initiated October 24, 2016


INITIATED BY: Newbury Township Zoning Commission

PROPOSED AMENDMENT: To amend the text of the zoning resolution Section 5.07(B)(2),

Special Maximum Heights and Article XXIV, Alternative Energy.

REVIEW: The proposed amendment text follows: [Note: Deleted text is highlighted with

strikethrough and new text is highlighted in bold italics and underlined]:

Article V R-1 – Residential District

Section 5.07 Maximum Height

B. Special maximum heights

2. Radio antenna and/or television antennas and flat roof mounted solar

panels shall not exceed ten (10) feet in height above the roof line if

attached to a building or structure, or forty-five (45) feet if mounted in the

ground. Antenna structures which are used exclusively in the Amateur

Radio Service by an amateur radio; operator licensed by the Federal

Communications Commission are exempt from this height requirement.

ARTICLE XXIV ALTERNATIVE ENERGY

Section 24.00 Solar Panels


Section 24.01 Definitions

A. “Freestanding solar panel” means a solar panel or an array of solar panels

that is not attached to a building and is mounted on a structure attached to

the ground.

B. “Roof mounted solar panel” means a solar panel or an array of solar panels

attached to the roof of a principal or accessory building.

C. “Solar panel” means a photovoltaic module or collector device, including

any accessory equipment and mounting structures or hardware, which

relies upon solar radiation as an energy source for the generation of

electricity or heating.

D. “Solar panel array” means an integrated assembly of solar panels with a

support structure or foundation and other components.

Section 24.02 Permitted Accessory Use

A solar panel or a solar panel array, whether freestanding or roof mounted,

shall be classified as a permitted accessory use in the R-1, B-1, M-1, and P-O

zoning districts. Within the R-1, residential district, energy production may not

exceed 125% of historical energy use, and within all districts shall be subject to

the following regulations:

A. Roof mounted solar panels and solar panel arrays

1. Roof line: Shall not extend beyond the roof line in any direction

including the peak.

2. Roof projection: Shall not reflect any apparent change in relief or

projection of any roof elevation.

3. Roof height projection: On a flat roof, (less than 17 degrees or 2/12

pitch), panels and/or arrays shall not project vertically more than 10 feet

from the surface of the roof.

4. Glare: Shall not be positioned so as to create glare on to adjacent roads

or buildings on adjacent lots.

5. Other codes: Shall be installed in accordance with all applicable

building and electrical codes.

6. Signage: Shall not have any signage attached except any owner’s,

manufacturer’s and installer’s identification and appropriate warning

signage. The sign face of such signage shall not exceed 1 square foot.


7. An application and site plan for a Zoning Certificate shall be submitted

to the Zoning Inspector on forms provided by the Zoning Inspector.

8. Decommissioning: Zoning Inspector shall be notified in writing upon

discontinuance of energy production, and panels and/or arrays shall be

completely removed when practical, eg. replacement of the building roof.

9. Other Regulations: Shall be in accordance with all other applicable

regulations for the zoning district in which it is located.

B. Freestanding solar panels and solar panel arrays

1. Location: Shall not be located in front of the principal building and

shall not project past the width of the principal building.

2. Minimum setbacks: Shall be setback from all lot lines in accordance

with the minimum front, side, and rear yards for the zoning district in

which it is located.

3. Height: Maximum height shall be 25 feet measured vertically from the

finished grade level immediately adjacent to the mounting base of the

solar panel to its highest point.

4. Lot coverage: Maximum lot coverage shall be 10 percent (10%),

measured as the area of the face of the solar panels.

5. Glare: Shall not be positioned so as to create glare on to adjacent roads

or buildings on adjacent lots.

6. Other codes: Shall be installed in accordance with all applicable

building and electrical codes.

7. Signage: Shall not have any signage attached except any owner’s,

manufacturer’s and installer’s identification and appropriate warning

signage. The sign face of such signage shall not exceed 1 square foot.

8. An application and site plan for a Zoning Certificate shall be submitted

to the Zoning Inspector on forms provided by the Zoning Inspector.

9. Panels and/or Arrays having a ground storage battery shall be housed

with a secured cover.

10. All freestanding Solar Energy Panels and/or arrays shall be able to

withstand wind velocities of no less than one-hundred and ten (110)

MPH.


11. Decommissioning: Zoning Inspector shall be notified in writing upon

discontinuance of energy production, and panels and/or arrays shall be

completely removed within 9 months of discontinuance of use and the

affected area shall be fully restored to its preconstruction condition

within 3 months from the date of such removal.

12. Other regulations: Shall be in accordance with all other applicable

regulations for the zoning district in which it is located.

MODIFICATIONS FOR CONSIDERATION:

Section 5.07(B)(2): “……or forty-five (45) feet if such antennas are mounted in the

ground.”

Section 24.02, first paragraph: Does the township wish to allow solar panels in the A-P

(Active Park) Zone? If so, add A-P to the first sentence. Delete: “Within the R-1,

residential district, energy production may not exceed 125% of historical energy

use……” Enforcement of this provision seems problematic.

Section 24.02(A)(8) and (B)(11): Clarify that the notice is to be provided by the owner

upon permanent discontinuance.

RECOMMENDATION: Pursuant to R.C. 519.12, the County Planning Commission may

recommend approval, approval with modifications, or denial of a proposed zoning amendment.

Mrs. Cotman: What’s the authority to require the 125% per Section 24.02? We should ask our

legal counsel about that.

Mr. Claypool: Some of these regulations seem impractical.

Mrs. Cotman: What’s the authority to require decommissioning? We should ask our legal

counsel about that. Solar panels should be added to the list of permitted accessory uses in the

applicable sections of the district regulations. Can a township regulate wind velocity per Section

24.02(B)(10)? We should ask our legal counsel about this.

Mr. Claypool: This is way too complex.

Mrs. Cotman made a motion to recommend approval of proposed Newbury Township Zoning

Amendment No. 2016-1 initiated October 24, 2016 by the Zoning Commission with the

following modifications:

Section 5.07(B)(2): “….or forty-five (45) feet if such antennas are mounted in the ground.”

Add solar panels and arrays to the list of permitted accessory uses in all of the affected

zoning districts.

Consider allowing solar panels and arrays in the Active Park (A-P) District as an accessory

use.

Delete the phrase in Section 24.02 “Within the R-1, residential district, energy production

may not exceed 125% of historical energy use…..”


o Enforcement may be problematic.

o The township should obtain legal guidance from the County Prosecutor’s oOffice as to

its authority to adopt this regulation.

Section 24.02(A)(8) and (B)(11): Clarify that notice is to be provided by the owner upon

permanent discontinuance. Further, the township should obtain legal advice from the

County Prosecutor’s Office as to its authority to adopt these regulations.

Section 24.02(B)(10): The township should obtain legal advice from the County

Prosecutor’s Office as to its authority to regulate structure design for wind speed.

Mr. Jones seconded the motion, and upon a call for the vote, the motion carried unanimously.

B. Thompson Township Zoning Amendment No. 2016-1

Initiated October 26, 2016


INITIATED BY: Thompson Township Zoning Commission

PROPOSED AMENDMENT: To amend the text of the Zoning Resolution Section 201.0,

Words and Terms Defined; Section 401.0, Prohibited Uses in all Zoning Districts; Section

402.15, Residential Facilities [O.R.C. 5123.19(A)(5)(a)]; Section 403.15, Residential Facilities

[O.R.C. 5123.19(A)(5)(a)]; Section 404.3, Conditional Buildings, Structures, and Uses; Section

404.15, Residential Facilities [O.R.C. 5123.19(A)(5)(a)]; and Section 601.0, Number of Parking

Spaces Required.

REVIEW: The proposed text follows: [Note: Deleted text is highlighted with strikethrough and

new text is highlighted in bold italics and underlined]:

ARTICLE II DEFINITIONS

Section 201.0 Words and Terms Defined

“Licensed residential facility” means a facility as defined in O.R.C. Sections

5119.34(B)(1)(b) and 5123.19(A)(15)(a).

“Medical marijuana” means marijuana, as defined in O.R.C. Section

3796.01(A)(1), that is cultivated, processed, dispensed, tested, possessed, or used

for a medical purpose per O.R.C. Section 3796.01(A)(2). “Nursing home” means a home as defined in O.R.C. Section 3721.01(A)(6), and

generally used for the reception and care of individuals who by reason of illness

or physical or mental impairment require skilled nursing care and of individuals

who require personal assistance care services but not skilled nursing care. A

nursing home is licensed to provide personal assistance care services and skilled

nursing care.

“Personal care services” means services as defined in O.R.C. Section

3721.01(A)(5)(a) including, but not limited to, the following:


(a) Assisting residents with activities of daily living;

(b) Assisting residents with self-administration of medication, in accordance

with rules adopted under O.R.C. Section 3721.04;

(c) Preparing special diets, other than complex therapeutic diets, for residents

pursuant to the instructions of a physician or licensed dietician, in

accordance with rules adopted under O.R.C. Section 3721.04.

“Residential care facility” means a home as defined in O.R.C. Section

3721.01(A)(7) that provides either of the following:

(a) Accommodations for seventeen (17) or more unrelated individuals and

supervision and personal care services for three (3) or more of those

individuals who are dependent on the services of others by reason of age or

physical or mental impairment;

(b) Accommodations for three (3) or more unrelated individuals, supervision

and personal care services for at least three (3) of those individuals who are

dependent on the services of others by reason of age or physical or mental

impairment, and, to at least one of those individuals, any of the skilled

nursing care authorized by Section 3721.011 of the Ohio Revised Code.

“Skilled nursing care” means procedures as defined in O.R.C. Section

3721.01(A)(4), not including “personal care services” as defined in this

resolution, that require technical skills and knowledge beyond those the

untrained person possesses and that are commonly employed in providing for

the physical, mental, and emotional needs of the ill or otherwise incapacitated.

“Skilled nursing care” includes, but is not limited to, the following:

(a) Irrigations, catheterizations, application of dressings, and supervision of

special diets;

(b) Objective observation of changes in the patient’s condition as a means of

analyzing and determining the nursing care required and the need for

further medical diagnosis and treatment;

(c) Special procedures contributing to rehabilitation;

(d) Administration of medication by any method ordered by a physician, such a

hypodermically, rectally, or orally, including observation of the patient after

receipt of the medication;

(e) Carrying out other treatments prescribed by the physician that involve a

similar level of complexity and skill in administration.


ARTICLE IV DISTRICT REGULATIONS

Section 401.0 Prohibited Uses in all Zoning Districts

P. Medical marijuana cultivators. processors, or retail dispensaries shall be

prohibited in accordance with O.R.C. Section 519.21.

Section 402.0 R-3: Residential District

Section 402.15 Licensed Residential Facilities [O.R.C. 5119.34(B)(1)(b) and

5123.19(A)(5)(a)]

A. Regulations for a licensed residential facility as defined in O.R.C.

5119.34(B)(1)(b) and 5123.19(A)(5)(a) and which is operated pursuant to

O.R.C. 5119.341(A) and 5123.19(OM) respectively shall include the

following:

1. The area, height, and yard requirements for the residential zoning district

in which the licensed residential facility is located shall be met.

3. There shall be no more than one (1) detached licensed residential facility

on a lot.

Section 403.0 R-5: Residential District


5123.19(A)(5)(a)]




following:




on a lot.

Section 404.0 C: Commercial District

Section 404.3 Conditional Buildings, Structures, and Uses

Conditional buildings, structures, and uses may be allowed in accordance with

Article V and the following conditions:


C. Nursing homes

1. Conditions for nursing homes

a. A nursing home shall conform with all of the applicable regulations

for the Commercial (C) zoning district in which it is located, unless

otherwise specified in this section.

b. Driveways and Tthe number of off-road parking spaces shall be in

accordance with Article VI.

d. Written proof of compliance with any applicable state of Ohio

regulations regarding licensing shall be provided to the Zoning

Inspector.

e. Connection to a sanitary sewer in accordance with the most

currently adopted 208 plan for the township shall be required.

f. The maximum lot coverage shall be sixty percent (60%).

H. Residential Care Facilities

1. Conditions for residential care facilities

a. A residential care facility shall conform with all of the applicable

regulations for the Commercial (C) zoning district in which it is

located, unless otherwise specified in this section.

b. Driveways and the number of off-road parking spaces shall be in

accordance with Article VI.

c. Signs shall be in accordance with Article VII.

d. Written proof of compliance with any applicable state of Ohio

regulations regarding licensing shall be provided to the Zoning

Inspector.

e. Connection to a sanitary sewer in accordance with the most

currently adopted 208 plan for the township shall be required.

f. The maximum lot coverage shall be sixty percent (60%).


5123.19(A)(5)(a)]




following:





on a lot.

ARTICLE VI PARKING AND LOADING/UNLOADING SPACES

Section 601.0 Number of Parking Spaces Required

Uses Number of Parking Spaces Required

Residential care facilities One (1) for each bed plus one (1) for each

employee

RECOMMENDATION: Pursuant to R.C. 519.12, the County Planning Commission may

recommend approval, approval with modifications, or denial of a proposed zoning amendment.

Mrs. Cotman: Does the township have the authority to require connection to a sanitary sewer? We

should ask the County Prosecutor’s Office.

Mrs. Cotman made a motion to recommend approval of proposed Thompson Township Zoning

Amendment No. 2016-1 initiated October 26, 2016 by the Zoning Commission. Mr. Claypool

seconded the motion, and upon a call for the vote, the motion carried unanimously.

Correspondence

There was none.

Old Business

A. Model Township Zoning Resolution

Mr. Stevens presented a letter dated November 8, 2016 regarding the Montville Township

Zoning Amendment and the Model Township Zoning Resolution. [Note: Attached hereto as

Exhibit “B.”]

Mr. Stevens: During the review of the proposed Montville Township Zoning amendment,

several items came up concerning outdoor hydronic heaters and wind turbines. See the questions

on page 3 of my letter regarding hydronic heaters. There also may be conflicts per my letter

pertaining to wind turbines as noted on page 7. Perhaps we should ask the County Prosecutor’s

Office regarding these matters.

Mr. Claypool: How do we improve on how we do things? A standards-based review and the

legal authority for it. A best practices view. We should consider a forum for townships. We are

all looking for the same end to improve zoning across the county. We need a standard template

and uniformity. Modify and improve Model Zoning. Review our powers and duties as a board.


There was a consensus to send a letter to the County Prosecutor’s Office, upon review of it by

the Planning Commission Members present, requesting a legal opinion regarding the following:

The authority of a township to require decommissioning of a structure, for example, solar

panels and arrays as set forth in Newbury Township Zoning Amendment No. 2016-1. See

attached Section 24.02(A)(8) and (B)(11).

The authority of a township to regulate structure design, for instance, as provided in Section

24.02(B)(10) of proposed Newbury Township Zoning Amendment No. 2016-1 as attached

hereto.

The authority of a township to require that energy production not exceed 125% of historical

energy use as noted in Section 24.02 of proposed Newbury Township Zoning Amendment

No. 2016-1 included herewith.

The authority of a township to require connection to a sanitary sewer as set forth in proposed

Thompson Township Zoning Amendment No. 2016-01, Section 404.3(C)(e) and (H)(e) as

attached hereto.

The review items set forth in the attached letter dated November 8, 2016 by County

Planning Commission member Charles R. Stevens.

New Business

A. County Prosecutor’s Opinion

The following email dated November 4, 2016 from Susan Wieland was provided.

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