Planning and Economic Development Committee - Regular Meeting

To order the, Wednesday, January 21, Planning and Zoning Commission meeting of the City Of Green. This is our organizational meeting. As Director of Planning, I usually start the first meeting. And tonight, we also have Mayor Juergen here to do the swearing in of two members. One is new and one is the alternate that has moved up as a full member. So, Mayor Juergen, if you could step up and Todd and Maria, if you can meet the mayor somewhere center just

if I could get Todd and Daniels and Maria Thrasher to come up front here. And while you're coming, you know, I don't normally come to these because it's important that the public know that you're an independent commission. Right? You don't. You're not an extension of the mayor, but a body of folks who give their time voluntarily, spending a lot of evenings. And winter is one thing, but as the weather gets warmer, you're still here. And then all your prep time, the work that you do, the time that you give, not just for our new people but for all of you, is really important to the orderly development of our city. In fact, it's integral. So I just want to thank you for your commitment, for your excellence, and for your willingness to help the city. Having said that, I need to swear in two people.

All I need you to do is raise your right hands and then repeat after me. After I sue do the I thing, you'll just insert your names, and then you can you can be sworn in together repeating after me. Okay? I And then your name? Solemnly swear. You can say at the same time. We'll just get a moment. We'll do this all in one swoop. I'm sorry. My directions weren't clear.

Do solemnly swear Do solemnly swear. That I will support the constitution of The United States Of America, the constitution of the state of Ohio, the charter of the city of Green, and all the laws, statutes, ordinances, and resolutions enacted there under. And that I will honestly, impartially, and faithfully perform the duties of the commission to which I have been appointed to the best of my ability and understanding. So help me, God. Congratulations.

Thank you again for your assistance and participation. We appreciate you.

We'll get them signed the We'll get them signed after the meeting. We'll sign yours tomorrow. Okay. Well, maybe, if I was waiting for you guys to sit down, but I guess I'm going to ask if everybody could rise and do the Pledge of Allegiance. Of The United States Of America and

to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

Allegiance Mindy, if you could the do the roll.

Ms. Anderson? Here. Mr. Birch? Here. Mr. Bishman?

Here.

Ms. Chatzi? Here. Mr. Daniels?

Here. Ms.

Thresher? Here. Also present are student representative, Chris Sow and our council liaison, Jeff Noble.

Welcome, everybody. This is our organizational meeting, and we will be electing a chair for the commission as well as a vice chair and are adopting our rules and procedures. So with that, I'm going to ask for nominations for election of chair for twenty twenty six Planning Zoning Commission.

Mr. Withy? Yes.

I'd like to

nominate Gene Ann Chatzi for the role of Chairman of the Commission.

Okay. All We have one nomination. Is there any other nominations? If not, I will close the nominations, and I will ask for a roll call vote. Second. Oh, could I have a second on that nomination?

I'll second.

Thank you.

Mr. Birch?

Yes.

Ms. Thresher? Yes. Ms. Anderson? Yes. Mr. Bishman?

Yes.

Mr. Daniels? And

Ms. Chatzi? Yes, you accept. Then yes.

If you say no, that's

a little bit odd, yes. So yes.

Okay. So, I will now turn it over to Ms. Chatzi for, the election of the Vice Chair.

Appreciate the nomination and the election to chair. Excited for the opportunities of this commission as we always are, organized and love to hear from the people and the progress that we see in the city of Greene. So, thank you for that. With that, I will ask for nominations for election of vice chair.

Madam chair, may I nominate Nora Anderson for the role of vice chair?

May I have a second?

I second.

Roll call? Are there any other nominations? Any other nominations? Seeing none, ask for roll call. Mr. Birch?

Yes. Mr. Bishman?

Yes.

Ms. Chatzi? Yes. Ms. Thresher? Yes. Ms. Anderson? Yes. Thank you for advice, Chair.

All right, now we're going to look for an approval and adoption of rules and procedures. Colleen, anything No. Regarding

Just these are actually the same rules that we've adopted probably for the last three, four years, maybe even longer. We've not had any conflicts with them, so they must be working. So we would do we do annually at the organizational meeting, ask that the Commission as a whole adopt them for 2026.

Okay. Any questions or discussions from the Commission? Seeing none, this is an all in favor vote.

That will work.

Okay. All in favor, say aye. Aye. Any opposed? Rules and procedures have been approved. All right, now we'll move on to our business items for the evening, item 2,601, McDonald House. If an applicant for this item could come up and talk about their project? When you come up, if you could both state your name and address for the record, that'd be great. Thank you.

Yes. My name is, Michael McDonald. My address is, 4606 Sheridan Hills. I think that's it.

I'm Mike Rector. My address is 334 Center Road. That's New Franklin, Ohio 44319.

K. And tell us about your project.

My client here, Mike McDonald, they've been living in the city of Green for over thirty years and have purchased a lot at 1250 Kingston. They're looking to build their forever home on. I guess prior to them buying the lot, they've been in contact with the city of Green, and, they had recommended that they get the lot staked out to determine the usable area available because there was we were informed that there was a riparian. And at that time, we hired Ham and Tree to come out and stake out the lot, and they determined the setback to be a 50 foot setback, which in the future, we learned that they were incorrect on that. So my client, Mike McDonald, and his wife had purchased a lot, not realizing that the setback was actually greater than 50 feet.

So the house and the septic system, which are all approved. So the house is approved through the building department pending. We get zoning approval, and then the septic is already approved by Summit County Health Department. But the house, I guess, going on the setback that was determined by green zoning, it does encroach on that. So that's why we're going for the variance to be able to make the house work on the lot.

And it's a minimal encroachment into that setback. And we have no intention of disturbing the creek the banks in terms of erosion. It's not in a floodplain. The water, I mean, to get to the back of the house would have to come up over 20 feet. So I guess the question of the house flooding is, I mean, if the water comes up 20 feet, I guess better build an arc.

But I think the main concern there would be erosion. But I think that having a house there will better protect the erosion because he's not gonna want his whole backyard to erode away. So, you know, I would think that they would, I guess, better protect against erosion than just leaving it sit vacant even though I mean, we aren't gonna disturb the vegetation that's on the creek banks now. But, you know, I mean, I guess you never know what could happen with terms of runoff and stuff in the future if it was left unattended.

You got any questions?

We'll get to that in one second. Is there anything else about your project?

No. That pretty much nails everything that I guess has happened.

All right. Staff report?

So yes, the reason why you're here for this issue is for repairing setback variance that this board can grant for this project. Just a little bit background, this about a one acre, a little over one acre site, an existing lot that's making impact there at the east end of Kingston Drive there, but it's not part of the subdivisions. It was created after the subdivision. So the issue comes with the positioning of the house on that piece of property between the approved septic and the front and we've got a site plan here that's going to help kind of illustrate the difference. So we've kind of highlighted this with a yellow line that has a 50 foot setback from the stream down below in the ravine area.

And then the blue line is your blue line? Yeah, the blue line is what our mapping is showing, a 75 foot setback. And then on top of that, to get to the green line, you have an additional 25 feet because of the slope of that little ravine there. So that's how we arrived at the green line for what's technically a 100 foot setback, preparing setback from the stream there. Now these setbacks are really established based on the drainage area of whatever the stream is there.

And Summit Swamp Water was actually brought into this along the way here, and they did some further checking. And this 75 foot setback that we are showing is really just about six acres over the threshold to make it 75 feet. If it was six acres less, it would be back to the 50. So it's just barely into that category of needing the 75 foot setback. So, looking at the fact that they're not going to do they'll be preserving the vegetation along the slope there to help erosion and all that kind of thing.

We really feel like the blue line is probably more realistic as what the drainage area, kind of indicates for that setback. So, so given that, you know, we would recommend granting of the variance in this case for the repairing setback.

I'd like to add one last thing. So this is one of the situations where the Planning and Zoning Commission does is the only body that would look at this variance. When we're in a riparian corridor, we're also one of the few communities that allow that the granting of a variance in a riparian corridor simply because at times, it can be enhanced, it can be maybe even better preserved. So I just wanted you to understand that this isn't something that a variance that you'd normally hear conditioned upon a BZA. When you if and when you grant that variance or deny it, then that's the final action on the granting of the variance.

So just this is not one that gets sent further along.

Are there any questions from the commission?

Mr. McDonald, you understand that what this repairing setback is and what the city is telling you and you're comfortable moving forward?

Yes. 75 feet won't do us.

We need you on one of the microphones. Yes, of

the microphones if you could talk into it. Thank you.

75 feet, I would say is probably not. Yeah,

they're just saying that 75 feet is more realistic. Based on what Summit County came up with, they were saying that it could potentially be 100 feet because of the slope. But the 75 feet is what they were saying is more realistic. But if they grant the variance, then we're gonna go with the 50 foot, which it was designed around where it matches

the variance.

So I'm sorry. What was your question again?

You're comfortable putting your house there. And if the city if this body gives you a variance to do that on the riparian setback, you're comfortable with that and you understand that that's going against what our rule is, but the staff of the city is comfortable. I'm just asking if you're comfortable.

Yes. K. I think that's the best use of the land that we can come up with and keeping the houses close to our original design. You know, we shrunk it a little bit, but it's still nineteen hundred nineteen hundred and thirteen square feet. So it's it's gonna be a ranch.

Great. That's my only question. Thank you, madam chair. I

got a question for you, mister MacDonald.

Go ahead.

How long, how long have you owned the property? When did you buy the property?

I wanna say in, March or April, 2025.

Were you any due diligence? I'm sure you bought the plan or the plot knowing that you were gonna build on it. Any due diligence during the escrow time when you bought the property that you were aware of this or thought about something like this?

So Yeah. Like I said, we we had contacted Green Zoning prior. And

Prior to

Prior to him purchasing the lot. And then that's when they suggested that we have Hammond Tree not Hammond Tree, but a surveyor come out and surveyed a lot, staked out the corners, and then they told us to have them stake out the riparian. It's actually it was it's on Hammond Tree that they actually said it was 50 feet when it actually wasn't. So the whole, I guess, 50 foot setback, Ham And Tree, where they came up with it, no one knows. I've asked them.

They don't know where they got it. So you know what I mean? They purchased the lot under the false pretense that they thought they had more room than they originally had. But they're already so far invested that that's why we've chosen to go for the variance to try and because they already had by the time I submitted the plans for zoning approval with my septic approval and everything, was at November I submitted them because we were gonna dig the basement the following week. And they said that, you know, that they felt that it was that setback was incorrect. And then that's when we got Summit County Soil And Water Conservation involved and figured out that Hammond Tree really dropped the ball on that one.

Did Hammond Tree do the work after you bought the property? Or did you know this going into it when you purchased the property?

We knew there was a set. We he purchased the property based on that 50 foot setback that they established because we determined when they said that it was only a 50 foot setback that, yes, there was room to build the house. Otherwise, he wouldn't have bought it if it was a 100 feet because there's no room to do anything with the property at that point. So I guess he bought it under the false pretense that he thought it was 50 feet, and it really it wasn't this whole time. So Hammond Tree, basically, their mistake misled them to purchase the property. But now he's invested in it, so that's So why we're trying to get the he's not

You see where I'm coming from, doing your due diligence before you bought the property, and it's a Hammond Tree issue. Okay?

Yeah. Let me clarify one that I believe where the mistake was. A lot of them just look at the repairing corridor and the drainage area for that corridor. And as Tom mentioned, it's marginally over. But because of the slope, you have to add 25 feet. So a lot of people don't look at the slope. They only look at the Riparian, the distance of the Riparian corridor. So not going to say it could have been an honest mistake, but it doesn't seem like they pay attention to the slopes. They pay attention to the high watermarks on

You say that the you're talking about the surveyors? Mostly. I'm just

I'm not trying to cover for them, but people don't look at the slope issue. They look at the Riparian Corridor issue.

Yeah. No, I think that's exactly what happened is they didn't look at the slope, I think. Because when Summit County said it's borderline 50 or 75 feet, and that's I don't think they took the slope into account. I think you're exactly right. Correct.

You mentioned that you did shrink the floor plan a little bit once you did find out about this change. Were there any other considerations as far as shifting it on the lot or any other floor plan changes?

Everything is actually, like, basically as packed compact as we can get it now. We're, I guess you have to be 10 foot off the septic. It's like 11 or 12 feet off the septic. So we really can't get any smaller. We've shrunk it as much as we can to get it as far away as we can. But as of now, it can't really get any smaller and still fit all their needs for what they wanted.

Thank you. Any other questions from the commission? Any questions or comments from the public? Counsel?

I do have a question. So should should a variance be granted in this case, Wayne, what are the other restrictions that are in place beyond the corner of the house for the property owner long term or lawn and other things that he may want to do in that riparian corridor. That is, you know, it obviously, the riparian corridor will go right up to your corner of the house. So what is our what does our rules and restrictions say they can and and cannot do in that corridor that is potentially part of I'm going to call it a lawn. I know there's some slope here.

It's a slope. And what there are, there's recommended plannings to help secure that. And I believe we can definitely make sure that if you're going to be doing anything on the slope or the corridor itself, those are the recommended because they're going to do the best job of preserving that Riparian corridor and the slope itself. So if Tom hasn't shared those with you, we should share those

with I'll

get them to him.

So that you know I'm not I mean, there are certain things. There's other areas in green that homes have been built. Sometimes there is some shoring up of the depending on the erosion issue, if there is. But there's also certain plants that are the best plants to put there. They're going to help protect your house in the long run.

We have no intentions on going outside of the area that we've shown here to put anything permanent.

But what I'd also ask is that the plantings that go in there are approved repair and corridor plantings, okay, if you're okay with that.

Yes. Yes. I mean, that's understandable. And I think, I mean, that would be in his best interest too because he would want better protect his, I guess, investment.

Seeing no comments from counsel commission or, public, Ask for a motion on Item 2,601.

Madam Chair, I would make a motion that we approve this variance to allow this house to be built in what's normally be the Riparian Corridor. And that we also stipulate that any plantings in that corridor have to be suitable for the health of the riparian corridor.

I'll second. Mister Birch?

Yes.

Miss Anderson? Yes. Miss Chadsey? Yes. Mister Bishman? Yes. Miss Thresher? Yes.

Okay. Your item's approved.

Good luck. Are we finished?

Yes. Yes. You're finished. Thank you.

Thank you.

All right. Moving on to Item 2602, Kearney rezoning. If there's anybody here for that project, come up and tell us about your project. State your name and address for the record, please.

I'm Larry Carney, 988 East Turkey Foot Lake Road, 44312.

I'm Deborah Carney, and same address.

Okay. Thank you. If you could tell us a little bit about your project.

Well, we had our house up for sale. And we had actually an auction. And the auction was with Dutton. And we had 13 to 16 people online who were business, commercial, v one people. We had probably a dozen or so people there at a live auction at our home.

And we had phone calls coming in from business people who were rather upset that it was two different zonings. And mister Dutton came into us in the living room and said, mister and missus Carney, I'm not gonna tell you what to do. However, we have business people that are rather upset that it's two different zones. B 1 and r one and with what's going on outside, they're bidding differently, and this property is a lot more valuable than this, and we wanna sell it and move south. And advised us to not accept it and redo it again and rezone it.

Plain and simple.

Yes. And due to the fact that it is a split zoning, makes it a little difficult to sell because people either want commercial or they want residential. So that is why we're here requesting this rezoning. We're going to try to put it back on the auction or try to sell it in April. And hopefully, we can get that accomplished. Thank you.

Thank you. Staff report?

Yes. Over here. So the Kearny rezoning at 988 Is Turkey Foot Lake Road. The applicant is requesting to rezone approximately 2.76 acres from R1 to B1. The site is at the Turkey Foot and Fortuna area, which already function as a transition corridor with a mix of residential and business zoning.

This request is essentially housekeeping for consistency. The land is currently split between R1 and B1 across two parcels under the same ownership, including an existing single family home and a vacant parcel with Fortuna Frontage. The rezoning would make the combined area one zone district B 1. There is no specific development plan tied to the request right now. The applicant is seeking B1 to align with the corridor pattern and reserve flexibility for future business use.

One key point, if rezoned to B1, the existing home becomes a legal nonconforming use, it can continue, but if the residential use is discontinued for six months or more, any future use would need to comply with B1 requirements. Surrounding zoning supports the transition context. North is B1, south and east are R1, and west is B1 and B3 with commercial and vacant land. Staff has not received a notice of opposition at this point based on the corridor pattern and the goal of eliminating the split zoning condition. Staff recommends a favorable recommendation to counsel.

Okay. Any, questions from the commissioners? Seeing no questions from the commissioners, any questions or comments from the public?

No? Okay.

All right. And I ask for a motion on Item 2,602.

Make a motion for a favorable recommendation, to city council for the rezoning of these properties.

May I have a second, please? I'll second. Okay. Roll call.

Ms. Anderson? Yes. Ms. Thresher? Yes. Mr. Birch?

Yes.

Mr. Bishman?

Yes.

Ms. Chatzi? Yes.

All right.

Thank you. Thank you. All right. Moving on to unfinished business.

Okay. In December, we had a project called Silu Holdings storage units. We did have a neighborhood meeting that because of the holidays, we pushed this to literally last night. So in keeping with the discussion of neighborhood and allowing the developer and the neighbors to communicate, we pushed we're asking for you to table that item until the February 18 with no further discussion until they're able to come back to you and present to the commission with from the developer side as well as the people can come and present whatever they need to say to you to make your decision. But I'd prefer no further discussion because we did not we told everybody it would be tabled.

Okay. So you need a motion to table Item 2,541?

Correct.

Okay.

I'll make that motion.

I second.

Roll call. Mr. Birch?

Yes. Mr. Bishman?

Yes.

Ms. Thresher? Yes. Anderson? Yes. Ms. Chatzi? Yes.

It seems like we had some people that were coming from that.

Yeah.

I'll take care of it, Mike. Okay. They all got letters

in Thank the you. All right. Next item, approval of minutes from the December 17 meeting. Any questions or comments regarding the minutes? May I ask for a motion to approve the minutes? I'll motion to approve the December. Motion to second?

I'll second. Roll call. Ms. Olin Thresher?

Yes. Ms. Anderson? Yes. Ms. Chabsey? Yes. Mr. Birch?

Yes. Mr. Bishman?

Yes.

All right. Director's report?

We will be back February 18, for two items, I believe. There's one on DRB, it's a sign, and then provided everything is worked out on the Sea Loop project, we've indicated to the neighbors at the neighborhood meeting as well as the developer, we'd like to bring this back February 18. We also will be doing a neighborhood meeting with the Greensburg Meadow area. If you remember, some of you may, some of you may not, Greensburg Meadows was the area down off of Greensburg Road, former horse barns and whatnot, you can see from the highway. So, we have invited everybody out.

It's on the twenty seventh at 06:00, right? 06:00 on the twenty seventh at Torok Center. And again, I would ask the Planning Commission, when they're ready to come back, they'll come back present to you so that there's no communication offline and it's presented as a whole to you. So all due respect, we don't want you guys there. And that's that right now.

All right. Council liaison report?

I do want to clarify, Wayne, that's January 20, it's January, right?

Just like the project last night, we've invited the award councilman as well, Jeff.

Okay. Twenty seventh.

Twenty seventh.

At six.

At 06:00. Of January. Of January. Well, I'm getting I'm getting out from everybody, but it was a Tuesday. Yeah. Okay. Sure.

Thank you.

So I'm getting hit by at Torok Center.

Okay. So from a from a city council standpoint, just everybody know that I'm chairing the planning and community economic development committee this year. Clark Davittis is vice chair. So it'll be me and Clark, and then Chris Humphrey is third third member of the committee. So those are the representative council people, that you'll be dealing with this year. So, to our new member, thank you. To our upgraded member, congratulations. And to our chair and vice chair, congratulations. And and again, thanks everybody to reiterate what the mayor said. Thank you for your service to the community. We appreciate your time and effort.

That's all. All right. Motion to adjourn. Aye. You'll say aye. Is it a first or second?

I need a motion and a second.

Motion to adjourn.

We'll get it next time.

I will motion to adjourn.

Second. Okay. All

in favor?

Aye. Aye. Meeting's adjourned.