Planning Commission Meeting, June 6, 2018

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Attendees / Representing (from sign-in sheet):

David Houk, Guilford Township

MCPC Members and Alternates in Attendance:

MCPC Members:

Paul Jeffers, Jeff Brandon, Buck Adams, Cliff Calaway, Ray Schulte

MCPC Alternates:

David Williams, (for Pat Geissman)
Jerry Cook, (for Adam Fredrick)
Pat Ryan, (for Sally Albrecht)

MCDPS Staff:

Cheryl Heinly, Admin Assistant Rob Henwood, Director

Vice President Jeff Brandon called the meeting to order at 6:30 p.m. and began with the Pledge of Allegiance.

I. ROLL CALL

Mr. Calaway, Mr. Cook, Mr. Adams, Mr. Brandon, Mr. Jeffers, Mr. Williams, Ms. Ryan, and Mr. Schulte were present at the time roll was called.

II. MINUTES

Mr. Brandon asked if there were any questions or comments on the May 2, 2018 minutes.

There was none.

Mr. Brandon moved to approve the May 2, 2018 minutes as presented. Mr. Jeffers seconded the motion. Ms. Ryan and Mr. Williams abstained. All other members voted AYE and the motion carried.

III. CORRESPONDENCE

There was no Correspondence.

IV. CONSENT CALENDAR

There were no items on the Consent Calendar.

V. OLD BUSINESS

There was no Old Business.

VI. NEW BUSINESS

A. Liverpool Township Text Amendment, 030-2018 TA

Mr. Henwood presented the staff report to the Commission regarding the above captioned amendment regarding new item Article III, Section 301.2(d), limitations on agricultural use. Proposal: On May 3, 2018 Liverpool Township Zoning Commission Secretary, Theresa Scherry sent an email to the Department of Planning Services (DPS) staff requesting a review of the above change to the Zoning Resolution as proposed by the ZC and recommended by the Staff of the Prosecutor’s Office.

Discussion:

Ray Schulte asked if Mr. Henwood recommended this language to be in more than just the subdivisions. Mr. Henwood stated that the ORC (Ohio Revised Code) says that the agricultural uses, specifically the animal husbandry, can be regulated in platted subdivisions and lots that are created by minor subdivisions when certain criteria has been obtained. He added that the Township is updating the zoning code to reflect the changes made in the ORC. Mr. Schulte said he just wanted to keep up with the Agri-Tourism for his own education. Mr. Brandon felt there would be more updates and zoning amendments regarding Agri-Tourism.

Mr. Cook moved to approve the staff recommendations of Approval with Modifications for the Liverpool Township Text Amendment, Section 301.2(d). Ms. Ryan seconded the motion. All voted AYE and the motion was approved.

B. Granger Township Text Amendment, 031-2018 TA

Mr. Henwood presented the staff report to the Commission regarding the above captioned text amendment proposing the following:

  • Edit Section (§) 203 (D)(3) Outdoor Advertising Signs
  • Various edits to § 401 Sign Regulations
  • Edits to three existing definitions and three new terms to be included in Article X Definitions

Proposal:

On May 3, 2018 Granger Township Zoning Inspector, William Meyerhoff delivered a letter to the Prosecutor’s Office to Department of Planning Services (DPS) staff requesting a review of the above changes to the Zoning Resolution as proposed by the ZC.

Discussion:

Cliff Calaway said regarding content neutral, he questioned if one business could advertise for another business that does not represent what the sign is saying. Mr. Henwood said that the communities have no authority to regulate what the sign says. He said they are limited to size, number, placement, and location. He stated that the content of the sign is off limits. Mr. Henwood said that the case law is very clear.

Mr. Adams noticed this is regarding state highways and questioned interstates that are federal roads. Mr. Henwood answered that there are specific regulations for billboards in the state regulations. He said they are prohibited from being within 600 feet of the ROW of an interstate highway.

Mr. Adams moved to approve the staff recommendations of Disapproval for the Granger Township Text Amendment. Mr. Williams seconded the motion. All voted AYE (to approve staff recommendations) and the motion was approved.

C. Guilford Township Text Amendment, 032-2018 TA

Mr. Henwood presented the staff report to the Commission regarding the above captioned text amendment proposing the following:

  • Add four new terms to Section (§) 3 Definitions
  • Add new § 4.13 Roadside Stands to §4 General Regulations
  • Edit § 5.4 Setbacks for Roadside Stands
  • Add new § 9-II.b.42 Signs to § Conditional Zoning Certificates

Proposal:

On April 17, 2018 Guilford Township Zoning Commission Secretary, David Houk sent an email to the Department of Planning Services (DPS) staff requesting a review of the above changes to the Zoning Resolution as proposed by the ZC.

Discussion:

David Houk, Guilford Township, thanked Mr. Henwood for taking the time to consider all the amendments. He felt there could have been some confusion as to what the Township was trying to define as a farm market, permanent farm market, and the temporary roadside stands. He said a roadside stand could be a farm wagon or a building on skids. Mr. Houk said that is what they are asking to remove as some are getting to be in bad shape.

Mr. Houk said he liked the suggestion to set up a section for signs. He said it seems that Granger Township and Guilford Township are having the same problems. Mr. Houk stated that in 2016 Mike Lyons, (Medina County Prosecutor’s Office), gave Guilford Township a copy of the Granger Twp Zoning Resolution sign regulations and said they were good. He said the Township made edits as needed and resubmitted the Resolution to Mike Lyons and was told it was illegal. Mr. Houk said he did not understand but the Township went through it again and resubmitted to Mike Lyons again and never heard back.

Mr. Houk told Mr. Henwood that about half of what was written in the staff report he did not understand. He invited Mr. Henwood to the Zoning Commission meeting and he was sure that they would have many questions. He said he did pass the staff report along to those Zoning Commission members. Mr. Henwood said he would definitely try to be there.

Mr. Cook moved to approve the staff recommendations of Disapproval for the Guilford Township Text Amendment. Mr. Jeffers seconded the motion. All voted AYE (to approve staff recommendations) and the motion was approved.

VII. PLANNING DIRECTOR’S REPORT

There were no items on the Planning Director’s Report.

VIII. PUBLIC PARTICIPATION

There was no Public Participation.

IX. OTHER BUSINESS

Mr. Schulte questioned next month’s Planning Commission meeting being on Tuesday, July 3, 2018. He said that was a surprise to him. Mr. Henwood reminded the Board that there was a discussion at the end of last year (November 2017 MCPC mtg) regarding the timing of July’s meeting. All had agreed at that time that Tuesday, the third, was the best day.

X. ADJOURNMENT

Mr. Brandon moved to adjourn the June 6, 2018 MCPC meeting at 7:11 p.m.

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