Planning Commission - Regular Meeting

I've been there for 41 years. Awesome. Okay, well that answers those questions. No, I'm trying to hear them.

And hopefully whoever buys that, he's the neighbor too. You never know because it's a, It's not good that I use it. I don't have to. I'll relate to you. Right.

Similar.

That's why I have this last one, but I won't go into that one. Right? Because it's bad.

It's like a call when meeting the border was a pledge to the flag.

One of the reasons to defy the United States of America is to remove all of the racist things from one nation.

We break out, do this as well, but there is a future of such withdrawal.

Our agenda this evening is the approval of last month's.

I make a motion to accept the minutes as presented. Second. Second. Clear. Aye. Gary Gores-Wellis.

Aye. Next on our agenda is the subdivision plan for Lake Erie Premier property. Minor subdivision.

Aye. Yes. Aye. Thank you for your time. So what we have is a piece of property that's next to the property that I own right now on Robeson. This piece of property has had a little over three acres. I purchased the house to be able to give, hopefully in the end, a barrier between my property and this property. So what I'm looking to do with your permission would be to subdivide this property, sell the house, yes, there, and then make two parcels out of the vacant land and keep one of them, the western, and actually just add it right into, if you would, make it one parcel. So I'm not looking to build anything on it. I'm looking just to have a barrier of woods. Of land.

We looked at the original proposed preliminary plan. It's changed a bunch, so I don't know whether there's going to be allowed. A. DIFFERENCE. WHAT DO YOU MEAN? OKAY. BECAUSE YOUR ORIGINAL PLAN YOU LUMINARILY AGREED ON.

CAN I ASK? I'M NOT SURE WHICH ONE THAT WAS. WHAT DID IT? IN 23.

I THINK IT'S THE NEXT. OKAY. YES. I THINK IT ALL HAS TO DO WITH... WELL, THIS IS...

Yes, sir. This is completely on the east side.

I understand.

Okay.

But you're moving some of that line. That was at Lot 3. That piece, I'm sure you know, that has changed.

Oh, yes, sir.

Yeah, yeah. So now we're not doing what was on the rhythm. It's changed.

Yes, sir.

plan as proposed, this is not.

Right. Yeah, I'm coming in to bring a different proposal. And really, there's a couple of reasons. One is I want to disturb less ground. And I also want, if I can, to create a barrier between what I'm doing and the subdivision that's next to me. You've changed the bill. Okay, so I'm not sure. You're yeah, you're absolutely correct. What do you, what do you say to me though? I don't think I understand. The change is, is a change.

And so we, we okay or preliminarily agree that, that, that plan is okay. Yes, sir. We're completely changing it from that plan.

Yes, sir.

That's my point.

Yes.

And so you have to go by today's regulations versus two years ago. So if you were to build according to that, we're good.

Okay.

We're not, but you're not, you're proposing something different.

And what do you mean by today's regulations, sir?

The rules and rates, we have a new adopted, uh, disordered some ordinances from then to now. Okay. Yeah. And then permitted principal uses. So really can't help me out. Can we put, you can't have the short-term rental there because we agreed on that. And now somebody else comes in, I guess we're setting a precedent because somebody else comes in with a new set of plans and I want to make these a short-term. We agreed that these would, Now, you can change that.

So is there a short-term rental, just so I think everybody understands, is there one on the parcel A that's changing? Do you have a rental currently on one of the parcels that's changing, or the parcel A?

Parcel A. Okay. Well, and I have the confusion here. We have two separate subdivisions. They're both kind of doing the same thing, but they're two separate subdivisions. And Tim, I think what he's trying to move to is it should probably be one major subdivision plan to the two parcels because you're taking part of parcel A and adding it onto the subdivision we're going to get to next. So thereby kind of incorporating this parcel into that development. So it should probably be one subdivision plan, just one major subdivision plan with everything on it, instead of two separate. And I think that's leading to some of the confusion we're having right now.

I mean, I could leave that piece of property not tied in if that would help. Because a lot of it doesn't vary from that.

Okay.

Follow-up? Yes. Yeah, can I re-clarify to make sure I understand? Sure. So I understand this was a Was it a preliminary approval? Is that correct? Is that what you, is that what it was? Correct. And so it was approved in those, the ordinance of that time. Yes. So if I proposing what I'm proposing tonight, you're saying, even though it would be maybe more beneficial in many ways that I would not be able to continue doing what I'm doing there. with an approval of an updated preliminary plan. Is that what you're saying, sir?

I think so.

Yes. Okay. Yes. Because the plan changed substantially, you have to follow the new uses that would be there. Because the use was approved with the preliminary plan, correct?

I wish we would have had that discussion because I brought this in a year ago, Mike and I, and know we had this discussion and i i showed it to you guys and i spent spent some time and money putting this together i was never never told that uh and i understand there are rules and that's that's your job i get that um all of you and i respect all of you very much um just i don't think i would have spent the time if i would have you know if i've been told it and I understand too, you made a great point, Mr. Will, about precedents. I mean, that's a big deal because whatever you say, everybody else is going to know. So I completely understand that. With that said, I guess I'm just going to give you my thoughts and respectfully sit down and let you guys do what you do.

The only thing we try to do is apply today's rules to the plans that are brought before us. We have no way of it. changing those rules, that is really up to the township, as far as if there's gonna be variances from the original, and I don't know that we can do variances. Not very secure.

Matt, can I just ask, was that just something that was, I mean, how do you feel like that? How did that happen? When, you know, a couple of times I come in with these.

The arrangement until you've submitted it. Well, because the road shifted to the west. So it's originally supposed to be between last three and. So when I was looking, doing the review, seeing the road up here with a 55 foot right away, that looked odd. So then I pulled the preliminary plan and that's when I realized that it was that poor paper.

I mean, I respect you and I'm not going to argue with you about it. My recollection would have been different, but do you guys have any recommendations? The value of now that I see we can pull these away even a little bit more from the other subdivision disturbed way less dirt. I understand.

And I understand your position because a lot of energy and money and time spent, I understand that, but you still have to go by today's rules.

Do I have any options of if I wanted to somehow try to get things approved? I realize it sounds like you can't. I'm just asking. I don't know the process. Is there any kind of appeal or anything that I can do?

So you just need to know what you would have to do to follow the requirements?

The plan you submit meets the requirements.

Yes, sir.

But it supersedes the preliminary plan. So you can no longer log in with the rules and regulations that are now

I understand what you're saying. I, a hundred percent. I'm only asking if there's anything that you could advise anything at all to say, is there anything I could do to try to see it would benefit everybody around if I, if I didn't do this and I did the newest. So it's a benefit for, I know there are rules, but I know there are things that's like, that's actually better. So is there something that I might be able to do outside of this meeting that I is there anyone I could appeal this to, to see if there's an option?

I don't know, I guess that's beyond our knowledge.

Does the Planning Commission, do they appeal to the Zoning Hearing Board Planning Commission, or?

I think it's one way. Anything with the zoning. What did you say? Usually the panels will go in front of their own. Okay.

Again, I respect, I understand your rules. I understand what you have to do. I'm not asking you to do anything outside of what you do. When I see something that I believe is a great benefit for these people and other people that we could, I just think, and the ground disturbance. It's definitely going to be less. I'm going to be taking out way less trees. The ravine's going to be less. And the reason, many of you may know, on Robinson Road, there's like a junkyard right next to my place, and so I was trying not to put a road there where people are driving in going, oh my gosh, look at all these cars, look at all this junk. But I have been in contact with them, and they're slowly cleaning things up, so I'm hopeful that that might be an option. Okay, so at this point, you can't do any, if you approve this, I'm out of short term rentals on this is what you're telling me. Correct. Right. I understand. Yes. Okay. Okay. The other. Triangle piece on the other side of the property. If that is, if there's property added into this, that you're saying that also changes. The ordinance. Just as a clarification, in the one that has eight lots, so I have buildings on lot one, lot two, lot three, and lot four. Lot one is the one that I was hoping to bring, but that one's already done. And that's its own piece. Does that matter or not matter? I mean, lot one is its own. It's already done.

Lot one is your grandfather did the talent. You have the existing use there. You're not changing it. You're good.

Even, and so that would be my question. If I add an acre to that lot. You're still good.

Want to add to lot one?

Yes, sir.

And it's changing. There's changing the block. That's changing the thing.

Okay. What a bummer.

Yeah. The only thing that's being affected are lots 5 through 8.

For the back, but I would, yeah, and then I was just asking about the triangle piece, because if I could add that one acre to lot 1, that would impact the use of it.

But you could have a boiler thing.

Any additional structures, correct? I understand that. Yeah, I know we kind of put 1 structure on a piece of property. I do understand that.

Yes. Excuse me approval originally with the tree since for 8, right? Eight of them.

Eight proper. Eight parts.

So then why don't you just leave it the way it is? Put your eight, put other four, and then...

This might be what I have to do, but like with this, it keeps the treehouses even further away because the subdivision is up top there. So this is my proposal. It would keep them even closer. You know what I mean? And not that I have problems with that. The dogs were so... I hate about her. We went to you. But... It actually is an advantage for me, and I suppose it's an advantage for... Yeah. It's an advantage for not moving around. You're right, though. If I have to, I have to. If I can't, I'm going the other way. You're right.

But the last treehouse that you built, where you divided dirt? Oh, yes. One time, there was a bunch of cars in it.

Well, that was a... Yeah, that was a friend of mine that had a birthday party, but they weren't... And you said, what?

Two cars. Two cars.

Perfect. Perfect. Well, it's not always two. Right. Normally, they're allowed more than that by the town.

So how much space do you have behind the first floor? Do you have a lot back there?

Yeah, probably 14, 12 or 14 acres, I believe. Something like that. Well, I don't want to keep you all night. I realize that you guys basically almost showed up here for me, so I know you didn't come anyway. So at this point... What are my options? Could you give me those? Could you help me with that? I mean, what are my options? Well, critical planning.

That's my energy anyway. If you want to keep it useless. If you want to keep it used the way it is, that's what it is. The new laws that act, they're not permitted in that zone.

Do you feel like I could appeal that?

You could. I don't know how that would really, I mean, it hasn't been done before. It was a contentious history to begin with. So, you know, that's totally on your own merit feeling. But, I mean, they were changed for a reason. I guess the way I would probably look at it, you know. So, yeah, you have the right to appeal.

I understand that.

That's a possibility, I guess. But I would look at it from the perspective, once you change what you're doing, you've got to go to the new laws. And when the new laws are found, you know, You can't put them basically on the last five of the rating.

Correct. Yes. Okay. Understood. Well, then I guess I'm going to hold off on that one. How about the first triangle lot that I'd like to subdivide?

You're just adding that to the original lot? Yes, sir. But it really doesn't change that at all?

No, it's just a barrier. Great.

Now, does that go away? Oh, yeah, that really shouldn't be an issue.

Yeah, that's right. They. Jesus prayer.

But if you follow our motion plan. I do. I don't want to do the second one I mean I definitely don't I don't want to change from this I don't want to do that of course so if I'm putting myself in jeopardy I'm not doing that Uh, we can withdraw or or table. You don't have to be your name. Okay.

So, let's address the person. Okay. Need a motion for that 1st. Uh, because you don't want to withdraw your 1st.

No, no, I'd like to I'd like to sell that house.

I thought about how to sit down.

I will buy it and then knock it down.

And if you give us a really good price.

I know that.

If you give us a really good price, we'll buy it.

All the time. With the three eights, right? See? $155,000. $155,000. $155,000. $155,000.

this rehearsing is drawing do you want to withdraw or just which which one yeah i don't i well what does the difference what's table versus withdrawal table labor you dress favor you consider it next meeting i'd say probably would draw because i don't think at this point you guys that there's really nothing else you can do to help me with this. Even though I will say, I know it doesn't matter, but I believe it's very beneficial. So that's why, for many reasons, which I think the Summit Township actually values the things that I'm saying, lesser disturbance, keeping even further from the neighbors, you know, so, but I understand that you're limited. I get it. I get it. So I'm going to say, I'm going to say I'd like to withdraw the one that's behind you. And I don't know what I'll do from here, but yeah, I'll withdraw it, please. Thank you.

Start building five through eight empty items. How do you take care of it in the winter with the stems?

So we have our next one, our item number six, which is our comprehensive planning update.

Yeah, so I took a look at some other ordinances you have in it. on the one that I presented at the last meeting, so I just want to give you an update. I'm presenting a new one with some additions, and hopefully it's not going to be so vague. We did, and we'd like to, Rose and Ben are visiting zoning ordinance, and we'd like to allow that to be in the industrial zone district. We have department requirements. If you go to the last page of the zoning ordinance, You'll see the parking requirements, just one parking space per two guests or one parking space per employee. That's something that we added and you'll see on the left, on the last page, we added as a special exception in the industrial zone district. I just want to be clear on where we're going to allow data centers. We added a new definition, closed loop cooling system to our definition section. As a new special exception submission requirement, we would like a preliminary noise and vibration study and an approved emergency response plan. Under the noise standards, we expanded that area. We need to provide us with the pre-construction based noise study, recommendations of sound-reducing materials, post-construction noise study, And they got to submit a study between one and 12 months after occupancy. We also added protection for water. That was a major concern. So we want to make sure that they have adequate water supply and there would be no adverse impacts of groundwater or no adverse impacts of surface water. and it may not exceed the safety yield negatively affect neighboring well, wetlands, streams, groundwater, public water. We have the definitions in our ordinance that I would recode them, but I added to our definition.

So I really didn't take any definitions out.

Mandatory pooling system requirements. We have a completely new section on that. I think is important, and they're coming out with new ways to cool down these data centers every day. But we found that it should be required. If a closed loop is infeasible, then they have to provide us with engineering documentation to support the finding, and the Township would grant the exemption. Data centers may not use private potable wells as a primary groundwater. That's another addition that I made to this. As far as chemical handling, this is a new section, completely new section. We want to make sure that they include spill prevention, secondary containment, hazardous material, response plan, annual leak testing, and annual certification of containment. This section did not previously exist.

Building height.

We've had maximum building height 45 feet. Desk rebuilding 30 feet. Whatever the parking. Now, setbacks. The other townships came up with, they recommended 200 feet from a right-yard setback or between the residential zoning districts is 200 feet, non-residential 100 feet, the front yard setback is 75 feet, and ground equipment 300 feet. They're kind of standard, but I talked with one of the supervisors and they would like to increase those setbacks. I know Ron McElvary suggested 250 feet between zoning districts, residential zoning districts under commercial. would, how do you guys feel about 500 feet for a, between zoning does, do you find that against the record? What's that? 500, would you like 500?

I mean, that makes sure that we see where the industrial zone and residential are reflected throughout the township. I know it won't happen, but we've placed it.

Do you have a zoning level? I can show you where. So we're looking like at, right? Yeah. It's the only... It's one major point for the industrial zone district. And we have a couple of new spots, like in the top shift. And once we pull that out, I'll show you the legend hurts. Industrial, industrial district. Right, okay.

Send any of these dimensions to any of the properties to see if they're doable or not. Tight. And I guess that's the question.

We don't have a lot of large homes. Yeah. And so unless we expand into the agriculture district, where people have more than 20 acres. So, you know, I'm trying to accommodate everybody and allow them in places where they should be. So you see the new area, there's a focus on there. That would be the industrial district. The Durham would be the industrial park, but we're looking at the industrial district. So all the road, um, this is the mine.

Amazing. I'll let you see that property changed from

Oh, I know. So you guys are okay with 500 feet?

Sorry?

Yeah. Between zoning districts? So you're going to see the district, well, but up against the residential district, the RMD. That's the residential median district. So it would be like, but up against that, they would have to promise that they, actually, between zoning districts about 500 feet. Front yard, step back. We have 75 feet, so you have front yard. How far back do you want to go? Obviously, they would have to provide us with a green space plan and help people land development process and greater approval. But as far as the front yard, step back, I think it should be at least... How wide is that parcel off of Oliver Hood?

Do you have anything like... Is it 1,000 feet? So we wouldn't be able to put it there then, correct? Yes, I understand. Just asking one more question. So it would be completely so now if that's the only spot, what would be where we're off of? Pembroke or off of, I guess, by the landfill?

And would any of that really come into play once you stick with the noise?

The noise and all the testing that's required. Yeah. We're looking for water, and there's a big cooling system, and there's not a lot of water here, you know what I'm saying? So, I mean, I do want one in place, though, at least. Sure. If we have to mend it down the road, then we will do so. It's a little more detailed than it was the last time, though. So, as far as the front yard setback, all along the road, if it were to be required to be 100 feet, so we should change that from 75 to at least 100, because that's what it is right now. Yes. Um... Ground equipment, 300 feet.

You're okay with that, Chris? Yeah. Yeah, thank you.

And this is kind of like you mentioned, this is more detailed than the county baseline. Yes. So I appreciate that. Thank you.

You're welcome. Connection to public water and public sewer is required. And decommissioning, we didn't have much in the last one about decommissioning, so I just wanted to let you know that we did add a decommissioning plans. Decommissioning plan, removal timelines are included in the new one, restoration requirements, hazardous material removal, financial security, 110% of what it would cost to decommission.

We just walk away.

Well, that's how we're requesting like a five-year update at least if something changes or companies change, they come and go. We want a five-year update on agreements and all that stuff. So, which was not in there in the past.

I like it. So, this is definitely get us to where we start to learn more and more if something is needed to adapt either way. Right.

Right. But it's a little more indefinite. Again, a special exception. So, they would have to go from the zoning airport. The zoning airport has an opportunity to add more conditions or criteria once they present their plan to them on top of what we're requiring as far as criteria.

This seems to create a fair understanding sandbox, so to speak, for a developer to come in and say do they want to be here or not and look for it. I want to get a second try at this personally.

So I need to get motion on that motion to at least. I agree with that. Yeah, but ordinance 2026 exact.

I'll make a motion to approve the ordinance with the changes in the. Setbacks in this already all in here.

With the ones that we know. With those amendments, I'll sign it. Discussion? All in favor? Aye. Motion to period. Other business?

No, but so I just want to let you know what the next step is. I'll have this on our desk for 30 days for the public to review. If they have any questions, if they have any changes, I'll come back to the board and ask you guys about it. And then we'll take it to the supervisor. That will be advertised then? Yes, it will be advertised for a public hearing after the 30-day period. after we had it, and they were a little bit of business. One last.

Just real quick, we're working on a grant. We go at the end of July for the multimodal. We're designing the sidewalk project. I found a possible way to get across the ravine. So we're proceeding with the grant to get across the ravine. We're working with Mill Creek to Build the gap across Wegmans and make connection to sidewalk and no creek. So there would be a continuous sidewalk from the city of Uriel. We have a high night.

So. Scram.

That's it. I hope for public comment.

Please.

Okay. A motion for adjournment. So moved.

Seconded.

All in favor? Aye. Motion carried. Thank you.