Planning Commission - Regular Meeting

So, good afternoon. It's uh 12:01 and we're here in the uh uh city council chambers for the Athens City Planning Commission meeting of uh February 4th. Um so, I will call this meeting to order. Um looking to my left and right I see that all um commission members are present. So we have a quorum to start this meeting. Um the first item I would like to uh do is ask anyone who is going to speak today or might speak today to raise your right hand and and basically indicate by an I do that everything that you will present to the commission is accurate and true to the best of your knowledge.

Thank you. Okay. Um, next on the item is the disposition of um, minutes for the last planning commission meeting, which was January 21st here in in council chambers at noon. Um, I everybody's received them. Is there any um questions or comments or corrections that need to be made to anybody's knowledge? If not, um I will accept a motion to uh accept the minutes as presented. So move. So moved by the mayor and seconded by Miss Nisley. Um so with that um all in favor say I. I.

And so I've abstained abstained from voting because I was not here for the meeting. Okay. So it passed 4 to one. We have no cases today. Um the uh main issue on the agenda today or the main discussion will be a communication which is u residential healthc care facilities and recovery housing. Um I don't know how who will u David or Megan will you do you start David would you like to start open the meeting for us discussion? Um we have uh along with other communities um found that you as as um cities develop and and businesses develop um our zoning code actually has to change to keep up with the with the new things that are going on. And what we've got, what we found is that we have uh recovery housing facilities that we have not defined in our city code that are starting to come into to our community. So there they're not there's not really a good place to put these in the in our existing zoning code. And this happens frequently, right, where where we have new things that that develop that the original zoning code that was uh created in the 1960s. um you got new things that come up like um um solar panels um other other things that we that they weren't aware of or didn't consider back in the 1960s. So this is one of those these uh recovery housing uh facilities actually need to be defined in our code and then um we need to decide where we want to locate those in our code and what what um controls if any we want to have for these types of facilities. These types of facilities are um are well defined in the Ohio Revised Code title 5119.

Um we just don't have those in our local Ohio um city of Athens zoning code. So are you proposing uh to uh add them?

Yes. So one of the things we want to do is actually get a definition of what a residential healthc care and healthc care facility is. We don't have a good definition of that in our code. We also have looks like an error in our code where we have residential healthc care facilities that are currently allowed as a principally permitted use in an R1 zone and are and also are shown as conditionally first conditionally permitted in an R3 zone. So you can't have both of those. You have to have you have to have that correct. Um then these recovery houses are actually we think might be different or we want to treat these differently from residential healthc care facilities. um they're actually treated differently in the state law and so we we would like to look at treating those differently in our zoning code as well. So um one of the things we want to do is define and I would suggest that we look at the uh Ohio Revised Code to define what a residential healthc care facility is and then also uh define what a recovery uh housing facility is. And those are both definitions that you can find in the Ohio Revised Code. So, I'd like to suggest that maybe we do the start with the definitions, put those definitions into our uh zoning code and then residential healthc care facilities I think have to has to stay or needs to stay in our R1 um because there is a there's a state uh law that says that residential healthc care facilities are permitted in any residential zone and it preempts any of the uh local zoning regulations. So that's that's a state law for residential healthc care facilities. And so we may want to keep that and it's up to up to us what we want to do. May want to keep that in an R1 zone. However, we we can't restrict it from the R1 zone, but we can probably put controls on

density or total number of facilities that are allowed in in a zone like you have no more than five in a R1 zone or 500 ft. uh from any other residential healthcare facility. So we may want to consider that and then we want to look at the separate issue of um recovery housing facilities and again those are defined uh in the Ohio revised code and we want to we want to define those and then say where we should where those should or shouldn't be allowed in which zones they should be allowed and then do we want to um further control those with either density or distance uh of facilities so you can't have them clustered together. For instance, you can't have three in one neighborhood. Um I would also um talking with our staff maybe suggest that we permit these as well. So we would create a uh permit for recovery house h housing facilities very similar to how we do uh residential um uh rentals or short-term rentals. And I would suggest that we put that in title 29 with those other um with those other types of uses that are permitted. Now, this is not going to be like a residential use. It's really a more commercial use. Um but I think we should this should still go in uh title 29 and um I would suggest that maybe we also uh do periodic inspections of those just like we do other rentals. So, um, are you going to be putting some information together for us to, uh, uh, look at? And

I'd like to, but I'd like some guidance from the board to tell me what you what you'd like to see. Do you want residential healthc care facilities to be still be allowed in an R1 zone? I think it that's I think we're preempted for that. Do where do you want to first allow recovery houses? Um, do you want those to be first allowed in an R zone, in business zone, an R3 zone? What do you think about the densities? And do you want us to uh per to permit those? I'd like to just take a quick second and recuse myself uh for a conflict of interest on this matter. And I have been advised that I should also step off. So, pardon the uh interruption. Thank you, Lee.

Okay. Were you mayor? I I do I again I just want to say this out of a point of clarification you know for those of you who are here but also for who anyone who's watching that we're talking about two different things that do exist under the Ohio Reise Code. We're talking about residential healthc care facility which it does have layers of preeemption in there but we're also talking about under if I'm not mistaken uh 5119.0 01 uh in the Ohio revised code which is recovery houses and again Ohio Athens code doesn't speak to those uh I think you said it really well director Riggs in that you know this area of code has not for the city of Athens anyway has not been um there's been no amendments there's been no change in terms of this there is no definition for a recovery facility um and nor is there a definition as to where they can actually be placed. Um, and so you you you said it well. I just have to say it again out loud so that everyone is tracking what it is we're actually looking at um and what we're having to address here in the city of Athens. Um uh

so so the drive the driver has the driver is this uh recovery housing uh facilities, right? And uh but we're also going to because we don't have in the code presently residential healthc care facilities. We're going to we do have residential healthare facilities and there's a definition. It's just an old definition. I don't no please I'm trying to understand.

Yeah. So right now our our residential healthcare facility is defined in our code. As David mentioned there is an error in that it's it's principally permitted in R1 and that it's first contiguously permitted in R3. And we believe we need to correct that. So that's a that's an error um that I think you know could actually be even taken up independent of the planning commission action. But but that's a um that's just as a cleanup. But I do think and and if you want to go ahead and read um the definition of a residential healthcare facility as it stands today in our code and it's not too far off of what the state calls it. It's just the state further defines it and puts categories and has licensing requirements on top of it. But our code isn't too far off on what that that means. So go ahead and and read that if you don't mind.

Title 230401 for the R1 residential zone principally permitted uses uh number six, residential healthc care facilities, residential healthc care facilities for the developmentally disabled provided that such facilities comply with all federal, state, and local laws and regulations. So that's our city zoning code for residential healthcare facilities. And I think there's another section that actually has a definition for residential healthcare facilities. Um, you probably have to

I look for it. I can't find a a def another definition. But if you look at um um 230403 C, which is conditional uses C uh 6. I found it.

Um yeah, I'm looking for it here. Oh, I'm sorry. C2 residential healthc care facilities residential health care facilities for persons with disabilities provided that such facilities comply with with state local uh regulations. So a little bit different but um we we need to clean that up. Now, the uh Ohio Revised Code, as the mayor said, 5119.90 calls rec uh defines recovery housing residence. And that means a residence for individuals covering recovering from alcohol use disorder or drug addiction that provides an alcohol-free and drug-free living environment. Peer support assistance with obtaining alcohol and drug addiction services and other recovery assistance for alcohol use disorder and drug addiction. That's the state um uh definition. I I would also point out that I think opiates are considered different. Um they have a different set of regulations. So this does not include opiate addiction. It's just drug and alcohol recovery.

It gets really complicated real quick. I think we probably want to air on the side of simplicity when it comes to our definition and as opposed to a bunch of different categories. I I I think and we can make reference to the different parts of the state state law, but when it comes to recovery houses, we should we should lump as much as we can. I I would contend in the same same definition. So, um basically, do we have any recommendations for David at this point or should I open it up to uh any comments people might have uh within the audience?

I mean, I think we certainly need to hear from the the public, right? Madam Mr. Um I I do think that you know we need to look at this from the perspective of um you know market pressures on our housing, right? So you know one of the largest market pressures that is on our housing is Ohio University and the the tendency to convert single family homes into student rentals within a certain distance of Ohio University. And that's just the nature of the community and who we are, right? that that you know the university is never going to have enough um housing on campus to serve the entire student population. And so there's a certain amount of market pressure external to the university to to turn property into um into rental uh property at least within a certain geographical distance. I think that this um use is another market pressure um on um that that you know has a place. But I think we want to be mindful and as we as we decide on density number one and number two which zones we want to use it in um if there is a um a reason to try to alleviate that market pressure on our portion of our housing stock that we already know is is you know way smaller than than it really needs to be. I think that should that should kind of drive some of our um recommendation to the city council when the time comes.

Uh Mr. Chair, um maybe if we break this down because it's complicated, if we can break this down into sections, if we um if you could give me some uh guidance or give us some guidance on how we want to define residential healthc care facilities. Um, do we want to continue to use u the definition that's in our code or um if that's adequate or do we want to find the um um require what what the definition is by the state of Ohio uh uh revised code. Um so we can start with that and then the same thing for these uh recovery housing facilities. We want to we want to first define them and then once we've defined those in the code then those become a use and then we want to say where those uses are permitted. So let's if we start just with the um with the definitions if I could get some direction from the board on how how you want me to define those.

Well so um you've looked at the definitions the state have for these. Why? Uh I mean do they they why would we choose to use a diff adjust that definition? I recommend that we don't Okay. Um that well that would have been my first instinct that u that you know we mesh them to marry them together. I guess that the definition our definition reflect pretty much what the state uh how the state defines them. Mhm.

So, the only exception I would make is uh I would note that uh recovery housing um addiction services does not include opiate uh addiction. So, we would actually want that's the only place where I'd want to uh move away from the state's definition. So, if we want to use the state's definitions for that, now we've got these two uh defined uses. The next request that I would have for the board would be to help me with some recommendations on where you would like these facilities to be located, where these uses will be permitted in our zoning. Um for uh for right now, we have residential healthc care facilities that are first permitted um in a R1 zone. Um do you think that's appropriate? I think there's a Ohio Revised Code that that says that these residential healthcare facilities are allowed in any residential zone regardless of municipal zoning. Um, you don't have to follow that if you don't want, but I would recommend maybe we do.

I mean, my thought, Mr. Chair, is that we keep that, but I think we put a density restriction on it and, you know, say, you know, I think 500 feet is a good is a good beginning point, like you know, no more than, you know, one per every 500 feet from one another. Um that would be my initial thought, gut feel for those. Um and and and that would be a jump for for um for density. So you don't have clusters basically of these. Oh, go ahead. Go ahead. Now I'm puzzling with definitions. So you read through the residential healthcare definition. So So with with regard to residential healthc care facilities, how dense can they be? We can regulate the density. We just can't zone them out by the preeemption. Okay. So my thoughts

because it would make sense that they be restricted if they are going to be cons remain in an R1. So right. So I you know 500 feet is that I mean just to throw the dart at the wall maybe we uh but but how but what how many people is is the so my understanding is with the recovery housing facilities the state allows five unrelated people in those. No. Is that not true? No. that. Okay,

this is level two of a of a state defined and licensed residential healthc care facility. Their level two licensing is is um they preempt the um local governments from restricting them to more than or to less less to less than five unrelated people. That's where that comes from is that preeemption language. So it's residential healthcare facility residential healthare facility. There's nothing having to do in the state law about number of unrelated people for recovery house. That's purely on local zoning.

Okay. So So again, you know that then that's where I'm getting hung up. I'm thinking that if if we we're going to allow them in the R1 zone, which is currently where they are are permitted, I guess, or at least u the residential health facility is then I I think we need to I think one of the important things would be to res the density of each of those facilities, right? Yeah. I think I think so. I think to your point, Mr. Chair, there's another piece of guidance. So we look at density from one another and we also put a cap on number of unrelated people um at the state cap basically

so for resident I hope I'm not muddying the waters more for residential healthc care facilities there are actually three classes by Ohio revised code um the class I think it's class A is um two or three people it's a it's a really small facility the one we usually see is the class B which is uh any person may operate a residential facility for one to five unrelated persons and that's uh Ohio Revised Code 5119.341 but there's also another type of uh uh residential facility which is uh 6 to 16 persons and that's a type C and those are regulated at the state level so they get different types and it's my understanding that they get different types of inspections from the state and they're licensed differently depending on which one of those A, B, or C facilities that you have. I hope I'm I'm saying this right. Um, that's all up at the state level. So,

right, but the preeemption the preeemption is just applied to that level B for that. It's not to because we I think

for A, B, and C, it says uh it says um well, let's let me read it here. Sorry. for that was for B that that it could be in any R zone for a C facility which is 6 to 16 people. Uh the Ohio Revised Code except says that it as permitted in any multiple family residential district or zone of any political subdivision except that a political subdivision that has enacted a zoning ordinance or resolution established planned unit developments as defined blah blah blah may exclude such facilities from such districts and political subdivisions that has enacted a zoning ordinance or resolution that may regulate such facilities in multiple family residential districts or zones as conditionally permitted. Okay.

So, uh for a type C, we can um allow them in multifamilies and we can conditionally permit those. And for the type C facility, which is 6 to 16, I think I read. Yeah. So, so what you just read, since you're talking multi-unit, we're talking R3s. That's that is permissible in an R3 unless there's city regulations that limits or or whatever. Okay. The other one though that you mentioned yes the type B type B any residential any residential and that's for a health care facility for a healthc care facility one to five unrelated persons.

Okay. And then for recovery houses, this other category, you know, I, you know, again, um, pressure on housing stock, you know, do we even want them in R1 or R2 or do we say first place they can be is an R3. Um, and then do we want them in an M zone? Because right now we don't allow residential use in an M zone. Um, but we do allow business use. An example of a business is a hotel. A hotel can be in an M zone. Uh, and in fact, we have some hotels in some M zones. And if you were to convert a hotel to be one of these, um, conceivably it could it could be in an M zone if we if if we did that. So, I think that's the consideration, the piece of guidance that he needs to to write this.

Can can you reread to me that residential healthcare definition real quick? So, um, so there we think there are three types. Uh type two um is a um residential facility providing services for one to five unrelated persons. And in that type um in that type of uh facility um we're ex uh they basically exempted us. They're allowed in any residential district. Now we can control area height, yard something uh compatibility and we think we can also control densities um through our zoning code. You just can't say that they're not permitted in an R1. So R2 and the A type is

and the what there was an A, B, and C. I think it was A, B, and C. So this is B number. This will be the second one. A B facility. Okay. Our mayor has a question here. Yeah. And I think this is maybe this is what you're getting at or or not, but I think again for everyone, could you read the OC's definition as to the function of a med a medical healthcare facility? That's important here because I heard you and but I'd like you to say it again so everyone hears what what not the services provided but whom is occupying those facilities. Yeah. Um just the general definition of what it is.

Yeah. We have I'm going to have to find it for you mayor. I'm sorry. I believe you said something the effect of developmental disabilities. Um code. That's our code. It says residential healthc care facilities for the developmentally disabled. Okay. So that's what we have right now is individuals with developmental disabilities which that's a developmental disability.

Um so we're we're talking you know an individual with Down syndrome. We're talking about an individual with Asperers um possibly um but someone who has um um severe autism can can actually qualify within that. We're talking about developmental disabilities. We're not talking about substance use disorder.

Yeah. From what I what I've read, and again, I'm trying to learn all this as we're going along. Um, a recovery housing facility doesn't necessarily fit into a residential healthc care facilities. Those are those are not it's not a subset of a residential healthcare facility. We think I don't know that for sure, but that's what we think. We can c certainly make sure our definition clearly delineates what what they are here in the city of Athens and as has been mentioned most importantly um for the recovery house or facility since we don't have it we can we as a body can determine where they are located in the city of Athens at this point in time since we we don't have that and to director Stones 's comment, I'm going to double down on that because this is incredibly important because it's a Nashville crisis out there right now, is that cities don't have enough housing stock when we're talking about single family homes. We don't. We're a community that if you look at our housing stock, 85% of our our um housing units now that includes multi-unit as well um or duplexes or things, but still at the end of the day, 85% of our housing stock in the city of Athens um is rental units. And so anyway, I'm just going to say I believe that we need to really think through carefully and protect the R1 residential areas as ex exist right now um when we're having this full-blown discussion. But I want to hear from those who are here today and in what their thoughts are and in particular on the issue on all issues,

but I suspect that we have people here today that want to talk to the issue of recovery housing. I'm sorry, Mr. Chair. I this is your show, but I just had to get that out because I've been thinking about this a lot. Stop just a snow. So um let me go back to uh what Mr. Stone had said. He was recommending that we restrict them to uh that they cannot be placed these uh recovery facilities cannot be within 500 ft of one another. I well I was saying I said healthare

res. Now I think we can do density for on the other two on on the other one as well. I think first we have to say what level zone do we want them in. Uh so and that might be after we get I mean go ahead if we get feedback from the public on that. Okay.

Just one more question and not to have to dwell in the all the woods of the Ohio revised code but I would think that what we want to design parallels somewhat of the structure of the Ohio revised code. So they're t so the state if I'm understanding right if it's got group homes right and they have residential healthc care facilities and recovery under it I don't know but somehow maybe what we structure so we aren't in direct compliance yeah conflict conflict group home I think is not a state definition they're three separate they are three separate things thank you okay that helps me okay

the one other thing I would note before we start to solicit feedback from the public um is um you know there are successful recovery house operator s in Athens. You know, I think the Clum House is an absolute perfect example. It's in an R3 zone um and it has operated successful for a number of years and they um and and they are registered with the state um on the state registry that's defined. So I think when we when we design our model for whatever we do, I think we want to look to that particular operation as a successful operation and and craft, you know, both the permitting and the zoning around around that that particular site.

Okay. So um what I'm hearing from the the pleasure of the commission is that we uh gather some public input at this point. So, um I would ask um whoever would like to speak to come to the podium. Give me let me hold on one second and um provide your name and address. Um and I I would like to ask that I I want to get the input from everybody. But I I don't necessarily think it is a lot of value at least at this point for everybody to get up and say the same, you know, point to the same issue. So, I would hope that we can uh you know, we can get all the issues on the table, but we don't need everybody to to repeat the the the the same thing. So,

Diane had her hand up first. Okay. Diane had her hand up first. Okay, let's go. Thank you. You're welcome,

Mr. Chairperson. Uh commission members and administration. Um I'm Diane F. I'm the executive director of the alcohol, drug addiction, and mental health services board serving Athens, Hawking, and Venton counties. Um, and I appreciate the discussion that the city is having. Um, couple of points just to start. One is, um, the city's definition of a residential facility referring to developmental disabilities. Um I'm not sure that where that came from, but um 5119.341 might is the Department of Behavioral Health Code and that would also refer to residential facilities for people uh with mental illness. So I think there's a clarification um there that needs to happen.

Ours is old. Um I think um you know I'm an advocate for high quality um residential facilities and um recovery homes that uh are developed to address a community need. um especially those that are operated locally with local input and are um really managed by people who live in the city and in our community and who want to help um our neighbors. And um as Mr. Stone pointed out, uh we have a number of excellent recovery housing programs. The board contracts with five recovery houses. uh they are all certified by the state and they have to meet a very high level of standard and um our board monitors them with outcomes and they do excellent services. Um so I think a welldone quality recovery house is something really that we should all support because it's really helping people to turn around their lives. Um just in the conversation today I think the codes and the state uh rules are complicated. We are actually not responsible for uh regulating or the certification. Um we're here as an educational partner and as an advocate and we would be happy to work with the city um to help understand those codes and get um answers from our state departments as needed. I think we're also um we serve as a client's rights advocate. So, anyone um who is in a home or in any kind of residential facility who has a concern, we will assist people in filing a grievance and resolving that issue. Um and we're also uh open and willing to talk to the public about any

of their concerns. I think um I'd like to also offer that um if commission members, city uh staff or council members, if anyone would like to see a well-run recovery house, we would be happy to arrange for visits. Um we just we have a number of excellent ones and uh they're really making a difference in people's lives and I'd be happy to answer any questions you might have. Anybody have any questions about the certification process? Um because I know we had talked about the idea of a permit and mirroring the state process for um certification and and the permit. I don't know if there's any

and what we're thinking is that um for residential healthc care facilities, they're well regulated by the state of Ohio. They're inspected. They have uh certifications that they follow. Um I don't see that as well for recovery housing. And so one of the things we would suggest maybe is that um um you know there I think there are four things that a recovery house uh facility has to have. They has to have to have the service provider certified. They have to register uh on the state website. They have to have a uh they have to eventually be certified. The facility itself actually has to be certified. Um, but they are they're allowed up to 18 months for that process. And then I believe they also have to have a uh because they're a business or operating as a business. I think uh Ohio Revised Code 111.1 says that they have to have a certificate of occupancy. And we're finding that these facilities that we see, at least the ones we're some of the new ones we're seeing coming into the uh to the city don't seem to be following the state of Ohio regulations. So for these types of facilities, I'm not talking about residential healthcare facilities. I'm talking about recovery facilities. We'd like to also look and make sure they've got all their ducks in a row for that. So we I'm I'm maybe suggesting to the uh to the commission that we uh license those here locally, get a permit to operate, and then we would maybe also do inspections similar to what we do with uh um with uh residential uh rentals. And that's strictly for health and safety um uh stuff. So we we don't want these facilities to operate uh over occupancy or that have some kind of a um an issue with regards to health and safety. So that's what that's what I that's what

I'm thinking maybe we we would want uh we want to do, but I I need guidance from the board. So is that does that sound reasonable to you?

Absolutely. I fully support that. And um I think there is that big gap with the 18 months that um they're allowed. There is state legislation uh being worked on to address that and I think we could all take a role as well as advocating with our legislators around the need to correct that long on-ramp um which is very unreasonable um in terms of protecting people who might be living in those homes. Um the only thing I would say differently is that um the recovery houses when they are certified it is a very robust process and it's not just a facility. It is the whole program and a code of ethics and um clients rights regarding evictions and good neighbor policies and the whole likes. Uh you can find it on the Ohio recovery housing website all those standards. So they are uh very robust and I think that's why those that are certified are um operating very well in our community.

So if I could just tag on to that, we don't want to reproduce what's going on at the state level, but if there's an issue um I think we have some clout when it comes to our zoning regulations. So, if we would if we were to provide additional uh zoning requirements for these uh recovery houses, we have a little bit more of a tooth uh to be able to help some of the um some of the operators that aren't aren't operating as they should.

Two more comments if I could. Um I think fire code comes into play there too with the size limits and so being able to do that permitting and checking that all of that's in order. That's one of the biggest risks, right, that um for a fire to happen at a residence. Um I think the second thing is just

um if you could be mindful about not zoning these homes out to the fringes of society. Um, these are people who when they're in a recovery house are actually held to a very high standard of accountability in the well-run certified homes and it is an opportunity for them to turn their lives around and um having access to employment um is a very important part of that recovery journey. So, and we stand ready to help. Very good. Thank you.

Thank you. Um I one comment Diane and um I think there is a uh signin sheet there and I'd like to make sure everybody gets signed in if they have it as they um speak or at the conclusion of whatever they have to say here. Um Diane, you know that I know this as well. I want to go just briefly back to the healthc care facilities. Um the Adam Amanda Rehabilitation Center would qualify within that category. Correct. Residential type one. Yes.

Yes. And that's in an R3 right now. Um it's on Derry Lane and Clem House, I believe, is also within an R3 zone along Derry Lane, which is neither here or there. I just just to call that out is one of the things. The other thing you're talking about with recovery houses um the the layers of of credentiing that they have to go through um and and you know with those that have gone through the process, you know, I think your help with David um and with the with code enforcement because so much of this stuff, you know, starts with the code office with whatever we put in place at the end of the day, however this looks um to where we know that We've got things we have to do in terms of checking on whether these are certified um registered with the state whatever has to go through um so that it becomes part of our process as we go through this because currently it it it's not there um because you know

while the code does a great job with in the permitting process of things when it comes to um recovery houses. I know I don't know that code under with our existing code and it doesn't exist. What are you checking on? What do we what what is going on as this is happening? Um or or Yeah, I'll stop there because I think there's more public comment that needs to come forward. Yep. So, thank you. Yeah. Thank you. Yeah.

Hello, I'm Paul Mullins. I live at 47 Briarwood Drive. Uh my backyard uh is adjacent to 51 Madison. Um I'm here to speak on a personal level. Um since this uh housing situation started, uh the police have been called at least five times to the either one of the two homes. Uh, and maybe you've heard this from me before in a council meeting, but uh, one time uh, a person was arrested after running around uh, evading the police and they found out he had an outstanding warrant and had done prison time. Another time, uh, our house became full of smoke and I looked down and during the drought when we had trees that were stressed out and just just dropping leaves before even the change of colors. Um, this person started up like a six-foot bonfire next to the house there and filled our house with smoke. So, we called the police. Um, so my issue is that I uh complained formally to the department of uh behavioral health and I received a nice phone call from uh Sarah Lauri who is uh contracted to certify Ohio Recovery Houses. She said this this company that is in the two homes in Athens next level is not on their registry and has never applied for certification. Uh it says in their website that only uh registered homes can receive funding for recovery housing. Also, these places are not allowed to advertise or state that they are recovery house. So, what we have in this facility is a place that is

not regulated. The oversight appears to be terrible. You know, they and the other home they found a a person that had overdosed lying on our sidewalk streets. Uh so the the oversight is deplorable because they're not they're not allow they're not following state law you know and getting certified and so forth. So they're in place already. I don't think that's right that we can have this happen before they've done the preliminary work to be certified as a house. U so I'm going to turn this over to other speakers. I think Alan Swank and Jack Ster have a lot to add, but um of course I don't want this kind of thing happening in my neighborhood or in the Athens area. It's it's reducing the quality of life. And why? Because this facility next step is not following the state laws. Um 18 months to register, fine. But it they've been there about five months and they haven't even applied for certification. Thank you.

Excuse me. I'm going to struggle with this a little bit. I'm going to jump around. I had some prepared remarks. I've added a few things. And um Jack, state your name and address.

Jack Schoffer, Elwood Place, Athens. I want to feel confident that when I walk out of this room later today that you folks understand the public's great concern that will be addressed and considered here today. I'll open with my suggestion that you get Lisa Elias to dig into the details and the intricacies of all the existing state laws and how we won't violate those laws but work within them and work through them or around them to protect our neighbors and citizens. I want to emphasize that my love for Athens and our quality of life where especially in R1 where our families walk with their children's, dogs, visitors and want to enjoy our current quality of life. Now Paul made reference to this with a note to the widow lady who lives at 53 Madison along with Paul and other neighbors or next in 51 Madison. I said she the widow lady lives at 53 Madison and all the neighbors on 34 Lraine see a drug overdose on the street. This is unacceptable and we will depend on this body to start the process of protecting our town from those outside companies next level and others in the future. I want I I want to make note that the you tossed out the number of 500 ft as far as I think you were in reference to in the R1 zone. Um, my gut feeling is 500 ft is not far enough. If you would take any neighborhood and anybody that's taking their little baby and their stroller or

their dog for a walk or their kids running through the neighborhood, 500 ft is a block and a half, which means when your kids out playing or you're out for a walk, you may go by three or four of these things. I'm thinking that, and this is maybe where Lisa comes in, that if the state law says you can't zone them out of any particular zone, then the number and and the state does not say that they have to be within this proximity of each other. more like 1,000 ft or 1,500 ft or in my opinion the largest distance apart that is not addressed by the state but gives the greatest protection to the greatest number of people especially in our R1 zones. We are looking for you folks to tighten up the Athens ordinances and make suggestions and give guidance to city council prot to protect our city from being subjected to unsupervised people from out of our community as we already provide many services. Timothy House, The Gathering Place, Serenity House, Clen House, of course, the 317 board led by Diane Fa who provides services for our residents of Athens, Hawking, and Venton County, which seems to have the support of our community and we are making efforts with the Sunset Project. We are now in what appears to be the beginning stages of an influx of drug addicts, alcoholics, and mentally ill from a very suspect company from

Columbus. We're all in favor. I I believe everybody's in favor of taking care of Athens countians, Athens city residents, our three commun or our three counties that we just talked about. And I think the services that we're providing and the local services that are in the works are encompassing those folks. Columbus and these other towns, they've got big money and they've got big neighborhoods and um I understand what the state law says, but I want you folks and council that you're going to refer this to to look out for us and especially the R1 zone. Please, I hope this meeting is not so structured that I may see a few remarks. No, that's that's it does seem appropriate for the mayor, Andy, Lisa to follow folks to follow up and we'll make everybody aware and have an open dialogue to make all these folks aware that we are already negatively impacting our citizens and our police force because in regards to next level clearly Clearly, they're sending people down here that are convicted felons. Clear. They're sending people down here that they haven't done a background check on. They've got open warrants. And clearly, they're not supervising their clients or whatever the proper term might be. If you're having a drug overdose in a facility that you're supposed to be overseeing

I'm too nervous to say anything else. I just you get it. I'm coming from the layman on the street. the average regular guy who loves his town and wants you folks to protect us from outside forces. Thank you. Thank you, Jack. Anybody else?

Uh, yes. Uh, Alan Swank, 40 talents of place. I am here as the uh fourth ward city council representative and uh also the chair of the city council planning and development committee which if action is taken by the code department and recommended to you folks and you folks take action will be the city council meeting that uh this would come through. Um, how I got involved with this is I got a call from Paul Mullins in early November, uh, after the first incident at 51 uh, 51 Madison. I'm assuming the reason Paul called me is in 1996, 30 years ago this year, we actually bought his house. So, we have a very, very long-standing relationship. Interesting aside, the other house we were looking at was 47 Brierwood, and he ended up moving from towns and bought that house. Much of what I had planned to say today has already been said by these gentlemen and by Diane, but I just wanted to add a few specifics. Um, we're really talking about two different things. We're talking about the situation that we're facing today, which is primarily an administrative and code issue, and what the future of Athens is going to look like, which is primarily your issue. One of the things in all of these police reports that comes out very loud and clear is that many of these people have been placed here from other places. The first call, the two two people involved, one is from Canal Winchester, one is from Columbus. The third issue, the person involved was also from Columbus. The fifth issue person involved in that was from Kentucky. I think Diane would support this that generally when people have issues of the

nature that the folks who have been placed in Athens have treatment is best delivered in their home environment. Not when they're placed 70 miles or another state of way. And that is not happening. The second thing I'd like to point out in these police reports and I will give all of these documents to Mr. Gatowski when I finish for your dispersement with the uh commission is it at 34 Lraine which is in the fourth ward we've had two very very serious incidents subject located unconscious on the sidewalk. Now, if you've been to Lraine, that's over on the near east side, not far from East Elementary Street, Ele Elementary School, just a block off of East State Street. Uh, as the mayor mentioned, the thing we've been dealing with here in the city, besides water breaks, has been snow, but people aren't walking around nowadays in the snow. But come March or April or May, if we're lucky, kids will be out on bicycles, parents will be out on strollers with strollers, and people will be walking their pets. Imagine coming upon a person who passed out on the sidewalk in the middle of the day, probably because of a drug overdose. And that's and that was on 10:27. Uh on 112 of this year, the squad was called to that same property because of an accidental overdose. A very, very sad situation, but again, in an unsupervised home. Paul referenced his conversation with Sarah Lauri. Three sentences. We've we've reported this to our partners at Ohio DBH. The organization will receive notification from DBH to comply once the organization applies for certification with us. They were required to meet all of our

standards for operating a recovery home. And here's the important part. Additionally, your concerns will be noted in our files and be addressed when we review them. There are six of the concerns. And not only the concerns of health and safety, but in many of the instances, we had to send out three police officers who could have been dealing with other things in the city. But what's interesting for today are the applications for zoning for certificate. Both of these properties clearly listed requested maximum occupancy level of unrelated persons per unit. Three when this one was done in 2023, code said new rental zoning okay for three unrelated on fam on or family parking's okay. They did their due diligence. But what happened was we had a change in use. A change in use. And I'm guessing, and this is not a criticism, an observation solely, that the change in use probably was never relayed to your office until there was a citizen complaint. That's a process that we can clean up. And I heard reference to that today. I also had reference to the state level. I've contacted the two gentlemen who are proposing House Bill 58. Representative Pizulli out of the Portsouth area and Representative Gerald out of Columbus. One is a registered Democrat and one is a registered Republican. This is a bipartisan effort. And I received I talked to their aids, both of them, and received a call back from both of them. And I received an email from um Mr. Bizouli uh or excuse me, Mr. Gerald's uh or no,

Mr. Bazulli is representing a young lady by the name of Faith Bender. And I'll just read one paragraph. I want to highlight House Bill 58 acknowledging recovery housing. House Bill 58 strengthens Ohio MHS oversight of recovery residents that choose to be certified and encouraged higher standards of operation statewide. Well, certification. Well, it just goes on and on. House Bill 58. I'm probably going to Columbus to testify on this. And I am very encouraged what I heard today. The distinction, if I'm correct, was made between healthc care facilities, and the mayor laid this out very clearly for developmentally disabled and recovery facilities. The former appears to be highly regulated by the state in terms of where they can be placed and who can be in them, the number of people who can be in them. And if I heard Mr. Stone correctly, we have basically, if not total, significant control over recovery houses. And I would encourage you today to make those as restrictive as possible while still taking care of those who are in need. my very very best friend. He was a 19-year recovering alcoholic and today is the president of a school board in central Ohio. People can advance in the recovery community and we need to help in that. Oh, one last thing. I've called Next Level, the current current operating organization, Columbus, handle went out on 550. And as of today, calls placed on Friday. I have not had a return call, which to me speaks highly of what is happening here. Thank you for your time.

I have a question, Mr. Chair. Mr. U. Okay. And um Mr. Stone has a question for you.

Mr. Frank, um, thank you so much for for coming to to speak to the planning commission on this, you know, processes. The planning commission will, you know, go through the and make a recommendation for changes to the zoning codes to your committee on city council. Um, understanding that 51 Madison and 34 Line were catalysts for this discussion, but aren't the topic in this discussion. And, you know, we're taking administrative action as as needed as best we can with that acute situation. But with regards to the future of the city and what the city looks like, um, you know, plan commission is going to do what planning commission thinks is best for the city, but we don't want to deliver something to you on city council that's dead on arrival. So do you have an opinion on density for residential healthcare facilities that we are allowed to regulate in R1's the density that is? And then also do you have an opinion on which zones recovery housing should be permitted in and if any density uh applications should be applied in addition to the permitting that we that we already talked about.

And again terms of city council uh planning and development. I'm one of four members and I'm one of four members or one of seven members of council. So this will be my opinion. And I'm not sure you know place up people. So let's deal with the uh the res the uh residential healthcare.

My understanding Oh, let me ask this. Metropolitan I return to question. Metropolitan housing has quite a few houses throughout the city and uh my last count there are six on the far east side uh one of the nine streets where I live over there. Um there are there is there are there is a steady stream of individuals aids or whatever they are called in that industry that are in and out of those houses. It appears 24 hours a day. So there appears to be one on-site supervision but also supervision from metropolitan housing um uh right here in Athens. And in my experiences uh dealing with things like forgetting to cut the grass or forgetting to mow or forgetting to uh shovel the sidewalk, they've been very responsive to that. There's been someone to speak with. So, it appears to me whatever we're doing now, at least through the metropolitan housing in terms of placement, density, and all that seems to be working. Um I'm not sure if uh the code office or the mayor's office or your office, Mr. Stone has received any concerns or complaints, but what I see now in terms of residential medical care, I'm not sure that's the right term, seems to be working. Uh, occasionally, uh, we've had an in, let me back up. Many of these people used to be in an institutional setting. Uh, and I'm not really familiar with what dates and all that, but it kind of opened up the doors, particularly when the ridges closed down and all that. And initially, there's some problems, but it seems that now they're under control. that that's that's that's poorly put that that they are working as part of the community. So that would be my answer. I don't know if that's specific enough for the for the the uh healthc care side.

Okay.

But uh unless there's things I'm not aware of, at least on the far east side where I'm most aware, walking the dog and all that kind of stuff, grandkids on bikes, it seems to be working. Recovery houses, that's a whole different ballgame. Um, these two obviously uh caused the call from Mr. Mullins to me and that's how I got involved. Clim House, perfect example. I was out there Friday. It runs like a clock. I've been to the gathering place on two occasions. Once donated some computer equipment to them. Seems to run like a clock. Uh um Mr. Watchman's place. I'm drawing a blank.

Timothy House. Timothy House. Yes. Not only the Timothy House, but the laundromat, for lack of a better word, across the street seems to be working. In fact, at the Timothy House, they publish a newsletter that's distributed throughout the community. Off the top of my head, I'm not sure how Clemous is R3. Correct. Cleous is R3. Central Avenue. It's R1. R1. Yeah, it's been there since what, 1980, whatever.

And uh unless you knew what it was, you wouldn't know what it is. It blends in so well and it's a protective part. Um to borrow some of your words, when things like this come up, people come out of the woodworks to object. My guess is if you were to today try to establish something like the Timothy house or the clen house or the gathering place in an R1 neighborhood, people would come out of the woodwork. U even though we know those three things work well, but the fear of the unknown I think would uh would would would would cause some consternation. Someone said we don't need to put these places on the fringes. I would agree with that 100%. I don't consider the Clint house on the fringe. Uh go to dairy barn all the time. Uh a lot of traffic through there now with the 682 roundabout coming up. Uh but you know to put way out out of mind, out of sight, I don't think that works. But I think there would be an issue in in an R1 neighborhood uh in terms of the public response to it. Mr. Mayor,

if I may, you may. Sure. Um, I appreciate that and I am not putting you on the spot with this question because I know that you are I say that in city council. So, you are the legislative branch. Yes, sir.

Um, can you just share your thoughts on an M zone? I I think it's interesting that Mzones it's not permissible for uh people living in an M zone. I personally think that's carryover from the days in which you had a factory that had people that were living in there because it was labor. Um, which is a total bad thing to do back in the day, but it's different. And a hotel, as director Stone was saying, you know, a hotel, they we have hotels in our M zone. You know, Mzones aren't on the fringe of the city. You know, Mzones are in the city of Athens, um, as are R3s. So would you care to comment on on uh areas in which such as announcement?

My response to that would be simply this. If those in the mental health and recovery um profession, industry, whatever would deem that an appropriate place after looking at the specific site, what happens in that site? Uh uh is it accessible? uh is it uh close to public transportation, things of that nature. And uh and I think we need to involve these people in these kind of decisions. Uh they I don't I would not personally see an issue with that. Yeah. Thank you. And you didn't put me on the spot. No. No. Thank you, Alan. Okay. Thank you very much.

Any anyone else? If you treat it as a business, recovery house as a business, it could be an end zone, but like I think with the night in that's the Hi,

my name is Dan Rubin. I live at 88 Maplewood Drive in Athens and you know, I have prepared remarks and I'll try to not be too repetitive here. For those of you who do not know me, I have spent over 50 years living in Athens and working in Athens as a social worker and then as an attorney representing people who were experiencing poverty in southeastern Ohio. So over the years, I have witnessed mental illness and addiction in many contexts and I value quality, compassionate care. I'm here today because of what I've been seeing in the city over the past four months and particularly after watching the commission's meeting on January 21st of this year. Uh this city was made aware of Next Level's operation at 51 Madison Street um four months ago, October three. And um the city officials uh were misinformed that Ohio Revised Code 5119.341 overrides local zoning to permit recovery housing or sober living housing in R1 zones and whether the city officials were misinformed by the owners of the property at 51 Madison that is Eric and Ally Rabble Blee or by the operation of the recovery house that is next level behavioral health and addiction services. For the last four months, uh the city uh has been operating under this misinformation and I am thankful that um I know at least safety service director Andy Stone was disabused of this information as of uh since your last meeting.

uh 5119.34 refers to a very specific type of housing. It's other than recovery housing. It is defined by statute and it is a statelicicensed facility that meets stringent requirements. Um these are statutoily defined terms. They're not just words of ordinary meaning. Recovery housing and its certification and registration through Ohio is a very different animal. And you've had a taste today of how complex the law actually is in all this uh recovery housing, halfway housing, re um residential facilities. I'm here because I seriously question that this ad city administration was taking its legal advice from entities which it's the city's job to regulate. Is it ignorance? Is it corruption? The city runs the risks of becoming too cozy with those it is charged to regulate, of conflicts of interest, and of loss of public trust. I agree state law is complicated, but I first suggest that you inform yourselves before you start down the road of permitting recovery housing in Athens. You have a very experienced city law director. You have a local behavioral health board with an excellent director and I claimed that before you were were here. I also reflected on the minutes of your meeting which you passed here on the meeting from January 21st. A commissioner was here was the owner of record of the property at 51 Madison's and did not disclose that fact in the meeting or recuse herself from the discussion of recovery housing in that

meeting. I'm glad to see that was rectified today. There are certainly other issues that will have to be addressed by city council with regard to the issue of permitting recovery housing. For instance, solid waste ordinances governing monthly rates and acceptable number of receptacles are based on occupancy numbers. And ordinances governing nonoccupi owner occupied rentals include permits, fees, placards, and health and safety regulations. But as I understand it, US planning commissioners are considering this as a question of land use and zoning. Please take the first step of informing yourselves as to the law and the business nonprofit and forprofit of recovery and recovery supports. Inform yourselves about the state law surrounding certification and registration of recovery housing. The revised code changed in 2025 uh to require certification and state monitoring. There is legislation pending in the current session to change it again to establish a certificate of need program covering recovery housing. So to the extent you're going to tie your code to state code, be aware that state code changes and think about that. If specific changes to the zoning and permitting are going to be brought forward, then there should be ample public notice and an opportunity to be heard for the public to share their input, observations, and concerns. Do better than posting agendas and drafts less than 24 hours before the public meeting. Engage with the neighborhoods and listen to their concerns.

understand what is happening in the community right now. A number of unregistered uncertified houses in R1 zones exist. There is a revolving door of residents and no one is mining the store. No one is evaluating the fire safety, public safety or general health and safety practices as required by law. Mayor Patterson, I'm going to close by telling you I am a Navy brat. And early on, my father explained to me that the ship's captain is responsible for whatever happens on the ship. And this came up when I was young in the context of a ship he was commanding dropped an anchor, but the anchor was not properly attached to the ship. They lost the anchor and could not secure the ship as needed, and it was a real mess. And even though it wasn't his specific job to affix the anchor chain, it was his responsibility to be sure the job was done properly. Mayor, you have put everyone here today in their positions. You are responsible to the city residents for their work. Thank you.

I have a question, Mr. Chair. Yeah. Yes.

Yes, ma'am. Thank you so much for your comments. Um, so um, first a note related to seeking a legal opinion. Uh, I fully intend the service safety director to seek a legal opinion from the law director about the the way ahead um when I know the correct question to ask. Um, I'm not going to pose a pre um a preemptive request like, "Hey, teach me about this. I'm going to I'm going to ask a question and seek a legal opinion." But with regards to this particular topic and the recommendation that that the the planning commission has to make, um, you seem very aware of the law in this area. Do you have a recommendation for us as to what zone recovery houses should be permitted in? Should they be principally permitted or should they be or should they be conditionally permitted? And do you have a recommendation on density?

I specifically did not come to give legal advice or No, no, it's not legal advice. You're a resident of Athens. Yeah. Yeah. You're a resident of Athens and and you know, that's what we have to do as the planning commission is is make a recommendation to council on on zoning and zoning changes. So we're trying to seek input from residents of Athens, not from an attorney. So if you have a recommendation in that regard, please let us know.

You know, I have spent the last four, this is not my area of practice, and I have spent the last four months trying to inform myself about what these operations are, how they're regulated, what's going on around the state. Um I have probably had a number of calls with Diane just to understand how these uh forprofit businesses are operating in communities and it's not just happening in Athens. So uh I'm not prepared today to give you a recommendation specifically about a zone. Uh I feel like everyone here needs to be informing themselves about how these are working, what are the problems that are being encountered. Uh you might want to look at some of the proponent and opponent testimony that's online at the state house for uh house bill 58 to get another idea about how what what is happening in cities and that sort of thing. So I I can't answer your question any better than that. Thank you.

Is there anyone else? Uh yeah,

just a quickie. Um, I was looking at the Ohio uh Ohio recovery house dwelling inspection form and one of the first things in general uh on Martha Sloan 12 North May Avenue. Um, and it said the recovery housing um resident is appropriately separated from any other business, residences or activities that share the same property, building or site. Um, and I think that is very important. Obviously, we're not talking necessarily about 51 Madison, but they have a shared driveway, so shared parking and that. So, that has been a huge problem. And so, that should definitely uh wherever that is um whatever they chose, nothing should be shared. Um and that would be very helpful. Um and I don't know, I know this is for the future, but I don't know how they work for the present problems. Um, so that is a question I would be wondering about.

Sure. Thank you. Thank you. Will is there anybody else who'd like to speak? Okay. So, um, Commission, I ask um, are there um any recommendations at this point we would like to make to help uh, uh, Mr. rigs prepare uh at uh definitions and uh and other other detailed recommendations for us to look at. Do we have anything to offer him to help him with that at this time? Yes.

I I think I appreciate all of you here. Um and and to your point, the the I I take full responsibility for everything in the city of Athens. I always have as the mayor of Athens when things aren't going right, you know, it's it's me. Um, and so I just need to say that out loud. Um, I think what we re need to do and again with those who are here, you know, Diane, I would love for you to if you have the willingness and the capacity and you're nodding your head. So, so thank you to work with David Riggs um, you know, I would like anybody who's here um, and wanting to shed important aspects of this as we go down this path. Um, you know, we've talked about a number of things. We're talking about again the healthcare facilities um and what we need to do um if anything to to add to what exists in code. But most importantly with this conversation is the recovery housing and and how we how we get this into code and do it right the first time because again whatever we come up with is going to be handed off to city council. Um and everyone recognizes this. I hope this will come back to us as a case. You know, the planning commission meetings are open to the public. City council meetings are open to the public. So, there's still many weeks of the iterations that this will become to where there's plenty of time for public comment and input into this process as we move it forward. So I again I I think to your question um any help and assistance from those who are of you who are here today

working with Director Riggs um and with us moving forward I think we have a good start to what we need to do. We know what we need to do. Okay. I mean I we didn't give you any guidance do we not what zone to put in? I

just Yeah. So part of what we're doing just and I was listening to the comments here as well is we have been talking with other communities. I might have said this earlier but we're not the only community in this position where we're seeing a lot of pressure from recovery housing facilities that are coming into the community where they're really not zoned. There's like where do you put these in the in your zoning? So we've been working looking at other communities. The city of Ayria has uh is doing exactly the same thing as us, maybe a month ahead, uh have have proposed uh um changes to their zoning code to address this exact same thing. So, we are looking at what other communities are doing. We're kind of a unique community here. So, I don't want to just cut and paste another community's uh regulations onto us. I want really the community to tell us what what they'd like to see, what this what the planning commission would like to see. So, so we're doing both. We're looking at what other communities are doing, knowing they have the same issues, and trying to get a specific uh solution for the city of Athens.

I have a question. Yes, this is an interpretation question, you guys. I think this is relevant to all of this because, you know, one of the things we're talking about is a is a is a permit that goes to something. And that's one activity, right, in title 2029, the housing code. The other is zoning, which is an entitlement, whether or not you're allowed to do a certain thing correct in a particular area.

Um, do you do we traditionally interpret um if you uh are in a zone and you're entitled to do something in a zone um and we also require a permit and you cease to get that permit, do you use the do you lose the entitlement to do the thing in the zone? And and I and so it's not a trick question, but an example is um uh first floor residential um savings clause. Uh you are in a particular zone that you're not supposed to be by our by our zoning code, but you've been that way. We require a permit. If it's a rental, for instance, you get your permit every year. You cease to use do that activity or you cease to get your permit for a year. Now we take away that entitlement. And so I'm kind of thinking the same thing with for with for recovery housing. if we create a permit for recovery housing, if you lose your permit, do you lose your entitlement to do the thing in the zone that you previously were in? So, that's that's where I'm going at.

So, the um so the the zoning uh code has a provision for legal non-conforming uses, right? And a legal we call it grandfathering or

savings clause, a lot of lot of different terms for it, but what what we what is described in the code is legal non-conforming use. And that's a use that has been in operation and then the zoning code changed or it came it was there before there was ever a zoning code. And so it's operating as a use that's not permitted in a specific zone. That's a legal non-conforming use. It's it's operating and we have certain um controls over that. We have to continue to it's not fair for anybody to change the zoning code and then say now you've got to now your business has to stop. You have to go somewhere else. That's that's really not fair. So, we allow that continued use of a le it's a legal non-conforming use for that property. Um, if that if that use ceases to to continue for more than a year, for a year or more, um, they cannot go back in and use that use again. So, if you had, for your example, Mr. stone. Um, if you had uh residents on the first floor in a B in a in an R in a business zone, a B3 zone, um, and they stopped living there for more than a year, you can't go back and have that as a residence on the first floor. You can't do that anymore. That's our that's our law that says it. That's a little bit different from permitting.

Yeah. Um permitting is actually where I'd like to see the permitting for these recovery houses would be in title 29 uh which is not uh part of the zoning code. So it's a it's a little bit different of a of a question. So if you have a facility that's been operating and now we require a permit for that uh facility. Um I I think yeah that'd be perfectly proper. Now, now we'd start to we'd start to ask for a permit. We if we have um inspections associated with that permit, we'd we'd start those inspections. Um but that really is different from the legal use of that property.

Yeah. And so when we define a residential a recovery house and when we define a recovery house as a specific use, well now you've got if you've got an existing recovery house that's not allowed in that zone, it would from zoning that would continue to be allowed as a legal non-conforming use. I think that's a little bit separate from permitting. It kind of is, but I I think it's important for us to to to this is remain in the discussion because if we decide

um yep, they're okay and in R1 zone as long as they're permitted and the permitting is going to be hard and we're going to do it. Um and then they lose their permit um they're they're not permitted because they're not doing the activity right that they're supposed to be doing to get the permit. Well, the entitlement is still there. They can still, you know, as long as they get permitted again, they can continue to do it. So, I think that's important to us. Yes. when we decide whether or not this is a use that's appropriate in a given zone that just because um like that's that's like final, right? Like when we say the zone allows for it or it doesn't allow for it, like once we say it allows for it, as long as you have a permit, they can lose and gain a permit, but it it's always going to be there. And so I think that's a thing that is is uh important when we when we decide which zone that that that these are permitted in or allowed in under zoning. Thank you. Okay. I um so at this point, should we plan on at our next meeting uh discussing this do continuing to have a communication on this topic?

Yeah. So, we talked about um Yes. Uh so, what I'd like to have uh at the next meeting is maybe some draft legislation u for you to to review. So, I've got some I've got some um feedback on definitions and so I know what the new uses are going to be in our zoning code. Um, I'm going to, um, just bring a couple things forward to tell you what I want to do and and you can tell me if you like that or not. I would maybe consider residential healthc care facilities. Follow the the uh, uh, title 5119 um, definitions for what a residential healthc care facility is from the state of Ohio and continue to allow those to be uh, controlled and regulated in in our zones. of recovery houses. I'm going to suggest maybe that we start allow first uh first allowed in a R3 zone and then we'd have to make it again for because of our code it's a little bit weird. We'd also have to make it first allowed in a B zone. I'll also suggest that it be allowed in an M zone. Um, and then I'd also in title 29 also uh ask that we uh start to permit and regulate these types of facilities. So what I'd have is I'd have a per the permitting process uh as a part of title 29 um the inspections, the changes to uh the fees associated with those permits um and and have that in title 29. This is not for residential healthc care facilities because they're well regulated and inspected at the state level. This would be for the uh recovery houses, the recovery facilities. Um so just gives us another layer in case the state isn't um holding up their end of the of the of the uh bargain will have some stick to uh to be able to uh regulate those facilities where we

really don't have that now. So that's my that's my thoughts. Um, anybody else has got Would you want it to be a case next time or do you want another communication? Do a case? I think we go to the case. Oh, you think we can go to the case next time? I guess we wouldn't have to vote on it if we weren't didn't feel it was ready. I mean, we still get public input if it's a case. I mean, I I think we're at a point um with what you just said and and us working through and again working with Diane and working with whomever um wants to be a part of this process and we we need to hone down, you know, um from a zoning standpoint where things are permissible and where they're not.

Just just might not be ready in two weeks. I know that's wonder is my question because I really would request 48 to 72 hours notice so we can read it carefully and come back with questions or do further research that we might want to be doing.

So I I guess my commitment to you, Mr. Chair, would be we wouldn't put this on the planning commission agenda unless it was fully baked as a case unless it was fully baked by close of business the Friday before so that commissioners would have enough time. So I like I don't want to given that we're going to work with multiple entities to to craft this, you know, commit to two weeks from today to make it a case, but we might if we make it by that Friday beforehand and have a a pretty good thing. Is that is that acceptable to you? That is acceptable.

We'll make every effort. What ju two uh two comments I'd like to so you had indicated that these um recovery housing facilities uh don't include people that are recovering am I right about this from opioid addiction? Yes, I think that's actually a separate thing. I'd like to actually separate opioid addictions from the other types of drug stricter regulations for that piece in theory. We could I you could maybe even not permit it. Um if you if you want I think we need to look closely. Yes.

I have come to the podium so we can record this and people at home can hear. Um Mr. I I'm not sure where that's coming from, but u my understanding of the certification for recovery houses are for people who are in recovery from any type of substance use disorder. So it would be alcohol. Um it could be opiates. Um so that that's currently what's going on in the recovery houses. It's not um limited to any particular type. And again, you know more about this than I do, but what I was reading is is that people with opioid addictions, they have one more there's one more step for these recovery houses that they have to do. It's that's what I thought.

Well, there are standards and expectations within it, but I think it's still within the whole recovery housing. Okay. Um model. My my second uh point or I wanted to understand if we have a restriction on the number of um in in these uh these recovery houses the numbers of unrelated people that could be there and let's just say for an example it is five. Does that mean as many as 10 could be there if they were a couple, a spouse, married couple?

Yeah, that's a great question. And I'm glad I I get the opportunity to clarify. One of the things I'd like to uh include in the requirements for a recovery house is that the facility obtain a certificate of occupancy from the state of Ohio um building department. And that would determine how many people are able to occupy that facility. a a commercial facility uh or a for-profit um company uh has for of any kind has to have um by state law a certificate of occupancy to operate. And that tells that tells everybody because you have to post that publicly how many people are allowed uh to stay or to or to live in that facility. So, if it says five on there, um you'd allow five people and it would be five individuals, five

or two couples, two married couples and a single person. Yes. Okay.

Yeah. So, uh that and and that I think needs to be at the rather than us defining that has to needs to be at the state level because if you have a commercial um um operation that has I think six or more people it has to be sprinkled and there's a whole bunch of state uh you know has to have uh fire suppression systems like a sprinkler system. So that comes at the state level and so the state would then be making the decisions on whether this facility has to have sprinkler systems or has to have fire what type of fire suppression uh it needs to have it. I think that's best coming from from the state building department and that comes through that uh uh certificate of occupancy. So, we could say, you know, you're allowed a certain number, but it makes more sense to ask for a certificate of occupancy from the state of Ohio to give us that number that then we can check and say your CO says that you're only allowed to have three people here and you've got five. You're you're violating the the certificate of occupancy. A lot easier to enforce that.

And Mr. Chair, that kind of sidesteps that that aspect of our interpretation. I think what you were getting at was in R1's we have a a restriction on no more than three unrelated people. uh historically we have treated a married couple as one person um because of uh you know thinking about the living conditions and where where you are in those R1 zones and that's that I think kind of crept into this discussion a little bit but I think David's solution solves that and takes that the code office from having to decide and determine whether or not you know two people are married um is is because again it's a zoning entitlement right it's a it's not a permit it's an entitlement and like you don't So when you grant that entitlement at the beginning, you know, I might be married today and I'm not going to be married.

Hopefully I'm going to be married and you know, you know, later. But um Okay. Thank you. Okay. I think Mr. Staer had a quick Oh, sure.

I'd just like to reiterate one thing in regards to R1. Um that's my greatest concern. And I assume it's almost everybody's greatest concern. And um again, as far as the distance apart between these facilities or whatever the proper term is, if and the state says you can't allow you can't keep them out of an R1 zone. If the state law doesn't say if there's no limit as to how far apart you can say they can be apart. I think for the greatest protection for the R1 zone, if it's not specifically controlled by the state that you can't exceed this distance, that we should make that the greatest distance apart in the R1 zones to give the greatest protection to the greatest number of people that are residing in an R1 zone. Thank you.

Thank you. Okay, can I ask one question, please? Alen swine 40 town place you're about to wrap up this meeting has been a very good meeting and I really appreciate the give and take and the listening and all of that but when people particularly those who came here to speak and share their opinion when they walk out that door in a few minutes they're going to have one question on their mind what about the two properties that currently exist

what are we going to do this afternoon tomorrow, next week with those properties. And I know that's really not a planning commission decision, but I think it's a question that everybody in this room and anybody watching at home would like to know. What does tomorrow look like for 51 Madison and 34 Line?

Does anybody want to respond to that? I can respond to that. Sure. Sure. So, you know, um we've issued a notice of violation to both properties uh for not pulling a use permit and we are still waiting on those use permits. They have until Friday to turn those in and then we'll evaluate the use permit on determine whether or not they're in compliance with existing zoning laws. Thank you, sir. Go ahead. Yeah, we we've also filed official um complaints with the Ohio Department of Behavioral Health on both of those facilities.

Okay. And and if I may, because this is a conversation that Mr. Staer and I had is that I have already reached out to my connections with the governor's office because I want the governor to understand what the city of Athens is having to deal with at this point. I was going to say manage, but I don't want to manage this. I want to I want to address this and deal with what what is happening in the city. So, I think we're pulling and you're going to give testimony. Um, you know, I may join you to give testimony on on the issue at hand, but you know, again, I've made the phone calls and expect return back from the governor's office as well.

U, I would like to say, so I own 51 Madison. I would say the people there should be held to federal, state, and local laws to the extent that they they violated them. I have I'm not pro or anti them being there at any given time. Um but I think anyone should should uphold the laws and agreements that they they entered into when they signed to lease, which the lease specifically says they need to abide by federal housing requirements and state and local laws. So, I'm in full support of of us holding them to that standard. And your name and address for 21 Madison Street.

Okay. Um I'm going to need to get out of here pretty quickly, but I would like to ask is there um the next item on the agenda is reports. Mr. Riggs, do you have anything else? I don't have anything, sir. And uh Miss Jennings, do you have anything for No, I don't have anything at this point. Okay. Um, we have an the other next item is opportunity for citizens to speak on anything that was not on the agenda. Is there anything anybody would like to speak to with regard to that? Done. Great. Well, not great, but uh anyway. Okay. Yes. Um, so uh the Are there any other announcements or any anything else for the good of the order?

I'll be really short.

Okay. It is our residents responsibility and our business's responsibility to remove the snow. If you have a sidewalk in front of your house, please do so. Uh that includes in the uptown area for businesses, you have to clear, believe it or not, 18 in out from the curb is your responsibility. Um, so when you're shoveling snow on the sidewalks, shovel all the way to the curb, you know, or plows if accessible that they can get in and then remove the rest of the snow. But you've got to do that. And in particular, because I was out as if I needed to be doing this, but it is my responsibility to the point about the box stops with the mayor is I was out shoveling snow and ADA parking spaces uptown this afternoon because those ADA parking spaces for those who have a hanger, you are doing them such a disservice to not shovel all the way to the curb because not only can your your door not open to the curb, they also cannot get in and out if there is 2 feet of snow sitting there. So, this isn't I'm imploring you. I'm telling you, you've got to do it because you can be and will be cited if you do not clear that sidewalk clean you and it's not one, you know, cold shovel width wide. It is you. It's your responsibility to clean and clear the sidewalk.

I I will say

don't wait for it to melt. I will say this, the other day I pulled up to a meter and it was difficult for me to get I I was parked on the outside so I got out quite easily, but to go over the snow mound to get to the meter and not fall and then get back over onto the other side was really quite difficult. So, I'm real supportive of that. Okay. Okay. Um, no other announcements. So, then uh thank you very much. Uh our next meeting will be February 18th. Um and uh we'll uh hopefully have some some to discuss with regard to the recovery facilities. Um so thank you everybody for participating and being here and uh I adjourn the meeting at this point. Thank you.