MINUTES WAYNE COUNTY PLANNING COMMISSION MEETING WAYNE COUNTY ADMINISTRATION BUILDING 2ND FLOOR MEETING ROOM 3:00 PM WEDNESDAY: JANUARY 9, 2019

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1 BOARD OF COUNTY COMMISSIONERS RON AMSTUTZ REBECCA S. FOSTER SUE A. SMAIL MINUTES WAYNE COUNTY PLANNING COMMISSION MEETING WAYNE COUNTY ADMINISTRATION BUILDING 2ND FLOOR MEETING ROOM 3:00 PM WEDNESDAY: JANUARY 9, 2019 MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: STAFF PRESENT: CALLED TO ORDER: ROLL CALLED: OATH ADMINISTERED: Ron Amstutz, Steve Wheeler, Joel Montgomery, Becky Foster, Amy Marinello, Bill Cletzer, Brian Gwin, John Fitzpatrick, Sue Smail, Gene Pouly Bob Gralinski Mayor Rodney Mackey (Mayor of Apple Creek), Pete Wearstler (Wayne County Planning Staff), Mark Hammer (Councilman Village of Doylestown), Chuck Conrad (Owner/ Applicant for Chippewa Zoning Proposal Hametown Rd), Harold Rozak (Chippewa Resident), Craig Thoricht (Chippewa Zoning Inspector), Lynette Wiley (Chippewa Zoning Commission), Tom Hammond (Chippewa Resident), Nikki Doulilis (Chippewa Resident), Tracy Hughes (Owner/Applicant for Chippewa Zoning Proposal Portage St.), Mark Sayre (Chippewa Zoning Commission, President), Roger Kobilarcsik (City of Wooster Engineer), Jonathan Millea (City of Wooster, Development Coordinator), Andrew Dutton (City of Wooster, Planning and Zoning Manager), Caleb Galbraith (Galbraith Survey), Tom Poulson (Village of Smithville, Mayor), Ralph & Noreenm Minninger (Chippewa Resident), Sandy & Ron Stebly (Chippewa Resident), Rob Kastner (WC Soil & Water), Taylor Gilmore (WC Soil & Water), Alyssa Carpenter (WEDC), Myranda Keister (WEDC), Dawn Woodford (Chippewa Resident), Bob Shilling (Chippewa Resident), Ryan Rambo (Chippewa Resident), Jim Woodford (Chippewa Resident), David Jett (Chippewa Resident), Bob Breneman (City of Wooster, Mayor) Diane Cole (Signature not legible- Chippewa Resident) Trevor Hunt, Lisa Johnson, Heather Arnold Chairman Bill Cletzer called the meeting to order Secretary John Fitzpatrick called the Roll; a Quorum was present Chairman Bill Cletzer administered Oath to anyone intending to speak at the meeting MINUTES: December 12, 2018 Moved by Steve Wheeler to approve as presented Seconded by Amy Marinello OLD BUSINESS: Proposed Zoning Amendments Chippewa Township Portage Street 1 of 6

2 Proposed Zoning Amendments Chippewa Township Portage Street Chippewa Township is considering a revision to their zoning map for a property located at Portage Street. The requested change proposes to rezone the property located at Portage Street from R-1 (residential use) to B-1 (business use). The zoning change application was filed by Capital Growth Buchalter on October 23 rd, The zoning change would allow a Family Dollar/Dollar General store as a permitted use, as proposed by the applicant. The Commission shall recommend the approval or denial of the proposed amendment or the approval of some modification of it and shall submit its recommendation to the township zoning commission. The recommendation shall be considered at the public hearing held by the township zoning commission on the proposed amendment. Ohio Revised Code (E). In Staff s opinion, the Planning Commission should recommend item to be DENIED. The proposed zoning change does not align with the Chippewa Township Comprehensive Plan, which suggests that future land uses at Portage Street be residential in nature. Granting this zoning change will allow business services to move away from the town center of Doylestown, detracting from their main street/downtown. Trevor Hunt took a moment to summarize why the item was tabled and why we are revisiting the item. Mark Sayre, President of Chippewa Zoning Commission, expressed concerns of why item was tabled. Tracy Hughes, the applicant, expressed concerns that were not part of the Planning Commission s review process. After hearing from Mr. Sayre and Mrs. Hughes; John Fitzpatrick moved to take the proposal off the table, seconded by Brian Gwin. Dave Ross, Ryan Rambo, Robert Shilling, Dave Jet, and Harold Rozak spoke against the proposal, stating water run off concerns, maintaining the comprehensive plan, and hardships the Dollar General Stores can bring into a community. Bill Cletzer emphasized the role of the Planning Commission review is land use compatibility, some of the comments/ concerns are not under the review of the Planning Commission. Becky Foster added that Planning Commission decision is a recommendation for Chippewa Township and that Chippewa Township has the final decision. This was also reiterated in Joel Montgomery s comments. Moved by Joel Montgomery to deny the proposal Seconded by Steve Wheeler. NEW BUSINESS: MINOR SUBDIVISION REPORT: (Splits, Annexations, Large Lots) MAJOR SUBDIVISION REPORT: Staff Recommended Acceptance of Report as Presented Moved by Steve Wheeler to approve as presented Seconded by Sue Smail EXTENSIONS: VARIANCES: COMMON ACCESS DRIVES: MCAD-18-03, PAI 16 NW SW NE SE, TR 208, SALT CREEK RD, OWNER: GENERA RESOURCE LLC, JOSEPH WENGERD, APPLICANT/SURVEYOR: CALEB GALBRAITH The applicant is proposing a Type-1 Common Access Drive (CAD) 30 wide and 583 long servicing one lot with access onto Salt Creek Road. The two proposed lots will both be 3-acres in size. Proposal will require Planning Commission review. In addition to the proposal of the CAD, 10-acres of land is being annexed to an adjoining parcel, a 10-acre lot is being created with 355 road frontage leaving a remainder of acres. Health: Applicant must submit a soils report from a certified soil scientist identifying soil(s) in the primary and secondary replacement sewage treatment system area. Applicant must submit a plot plan noting the location of the primary and replacement septic system. At a minimum, the plot plan details must include: 2 of 6

3 topography in 2 contours, location of soil scientist s test borings or test pits, all actual and proposed structures located on the property, actual/proposed driveway location, any and all easements located on this parcel, including, but not limited to, drainage easements, plan for the primary and secondary replacement septic treatment leach field, location of the actual/proposed private water system(s) with a 50 radius. The applicant must submit the $100 lot split review fee per parcel x 2= $200. Health waives review for the remaining parcels. Planning: Staff recommends approval of a Type 1 CAD with the following conditions: The drive shall be constructed to all standards according to Section G 1 b. before the survey can be approved, the required signage installed, a T-type turnaround installed, an approved shared drive agreement submitted and all other TRC comments shall also be met. The lot fronting on Salt Creek Road shall be required to utilize the CAD as its only access point. It should be noted that any additional lots on the CAD will require approval by the Planning Commission and please indicate length of the common access drive. Wayne SWCD: A watercourse was observed extending along the west property line of the proposed 10- acre parcel. A watercourse was observed extending from the east property line to the south property line of the proposed 10- acre parcel. Survey Drawing Note: Watercourses were observed on the proposed 10- acre parcel, as shown and identified on the survey drawing. State and Federal requirements may apply. It is up to the applicant to contact any agencies with jurisdiction in the watercourse before earth-disturbing activity is conducted in the watercourse. A 20-foot-wide drainage course exists extending from the east property line of the proposed 10-acre parcel to the watercourse mentioned above. The approximate location of the drainage course is shown on the attached aerial photo, however, the drainage course location indicated on the survey drawing shall depict the actual location of the drainage course as it exists in the field. Drainage Course Note: A drainage course was observed on the proposed 10-acre parcel. The drainage course is a swale, as shown and identified on the survey drawing. The drainage course should be preserved as a means of disposing storm water and groundwater and is intended to benefit all who adjoin it. To preserve the function of the drainage, course an area described as, ten feet on each side of the centerline of the swale, extending along its entire length, should not be impeded. Within the drainage course, no structure, fencing, culvert or other material should be placed or permitted to remain which may obstruct, retard or divert the flow. It appears, based on aerial photography, that subsurface tiles exist on all the proposed parcels. All existing subsurface tiles that are encountered during construction shall be repaired if damaged and rerouted around proposed structures or excavations. A Construction Application for Permit (CAP) shall be submitted to the Wayne SWCD office prior to constructing the Common Access Drive (CAD). Based on an estimated earth disturbance of one half acre of ground for each vacant, residential building lot, the total earth disturbance for the two lots and the construction of the CAD will be greater than one acre. Therefore, a Storm Water Pollution Prevention Plan (SWP3), meeting the requirements of the Wayne County Storm Water Management Regulations, shall be attached to the CAP. All culverts to be installed for the purpose of constructing the CAD, shall be sized, by a Professional Engineer, to meet the Subdivision Regulations requirements. WC Map: Must combine 10-acre to existing 1.25-acre piece Trevor Hunt spoke briefly giving an introduction of the proposal and requested the surveyor, Caleb Galbraith, to present the proposal. Mr. Galbraith presented the proposal to the Planning Commission. Mr. Fitzpatrick inquired as to why the proposal was presented with the two additional lots that aren t reviewable by the Planning Commission and was explained by Mr. Hunt that it would be made into two separate proposals if the proposal was denied today. Mr. Amstutz asked for staff recommendation, which Planning represented support of the proposed CAD. A MOTION was made by Joel Montgomery to approve Seconded by Steve Wheeler MAJOR SUBDIVISIONS: INTERGOVERNMENT REVIEW: INTERGOVERNMENTAL REVIEW #1: Title: Lincoln Way (Eastwood, Riceland and Lake Harmony) 201 Facilities Planning Area (FPA) Update 3 of 6

4 Applicant: Board of Wayne County Commissioners Summary: The proposed Lincoln Way 201 FPA map originally included adjusting its red line FPA boundary to include the Hillcrest pumping station area. That proposal was tabled to allow the City and County time to discuss that area and come to a mutual agreement on how that area should be addressed. To date the City and County have agreed that the Hillcrest area would remain within the City s 201 FPA. The proposed 201 Lincoln Way map that is being presented includes a slight modification to its red line FPA in the area located along US RT 30 and Millborne Rd. There have been some additional orange areas added. One area is south of Old Lincoln Way and the WWTP, another area is north of Old Lincoln Way on Swinehart Rd and orange has been included north of Old Lincoln Way between Kansas Rd and St. Rt. 57. The orange areas represent areas that are expected to be served with sanitary sewer within the next 20 years. As a reminder, 201 plans are necessary, because both State and Federal law prohibit the Director of the Ohio EPA from approving a Permit-To-Install (PTI) or National Pollutant Discharge Elimination System (NPDES) permit if the proposed action is in conflict with an existing 201 Plan. Staff recommends acceptance of the Revised Lincoln Way 201 Plan. Lisa Johnson introduced the 201 revised proposal. Rob Kastner with WC Soil and Water represented the County in the absence of Steve Wolfe. Mr. Kastner was able to give a back history of the original plan and the process of the changes that were made. MOTION was made by Sue Smail to approve Seconded by Steve Wheeler INTERGOVERNMENTAL REVIEW #2: Title: City of Wooster 201 Facilities Planning Area (FPA) Revised Update Applicant: City of Wooster Summary: Attached is the City of Wooster s proposed 201 Map and Prescriptions. The City originally submitted an update to its 201 Facilities Planning Area for the November 8, 2017 Planning Commission meeting in response to a letter the County Commissioners sent out, dated April 10, 2017, requesting that each community update their 201 Plan. At that meeting, based on Reviewer input and much discussion, the Planning Commission voted to Table the City s proposed 201 update until the City of Wooster could meet with both the Village of Smithville and Wayne County to address each entity s concerns. The City has met with both the Village of Smithville and the County to discuss the concerns. The City is offering the proposed map and prescriptions for your review. As a reminder, 201 plans are necessary because both State and Federal law prohibit the Director of the Ohio EPA from approving a Permit-To-Install (PTI) or National Pollutant Discharge Elimination System (NPDES) permit if the proposed action is in conflict with an existing 201 Plan. Staff recommends denial of the proposed revised City of Wooster 201 Plan as it interferes with the Village of Smithville s 201 Plan. Trevor Hunt introduced the 201 proposal and asked for City of Wooster Representation to come forward. Roger Kobilarcsik, City of Wooster Engineer, presented the City of Wooster s 201 Plan and emphasized it s 4 of 6

5 a planning document for future use. MOTION to take off the table was made by Steve Wheeler, seconded by Gene Pouly. Lisa Johnson then read the reviews that were sent in prior to the meeting. Joel Montgomery, Jonathan Millea, and Mayor Bob Brenneman spoke on behalf of the City of Wooster. Mayor Tom Poulson spoke on behalf of the Village of Smithville. After much discussion involving the NEFCO process and history of previous applications to move the red line FPA boundary a MOTION was made by John Fitzpatrick to deny the plan as presented Seconded by Gene Pouly A MOTION to AMEND was made by Ron Amstutz to be disapproved as recommended until such time as the proposed boundary line encroaching on the Village of Smithville's facilities boundary has either an agreement between the City and the Village or reflects the current boundaries. Further clarification was made that a revised plan would need to also come before the Planning Commission for approval. Seconded by Becky Foster 7-3. Steve Wheeler, Joel Montgomery, and John Fitzpatrick opposed. OTHER BUSINESS: 1) PROPOSED ZONING AMENDMENTS CHIPPEWA TOWNSHIP HAMETOWN ROAD Chippewa Township is considering a revision to their zoning map for a property located at Hametown Road. The requested change proposes to rezone the property located at Hametown Road from R-1 (residential use) to B-1 (business use). The zoning change application was filed by Chuck Conrad on December 3 rd, The zoning change would allow a HVAC business to occupy a former Baptist church building. The Commission shall recommend the approval or denial of the proposed amendment or the approval of some modification of it and shall submit its recommendation to the township zoning commission. The recommendation shall be considered at the public hearing held by the township zoning commission on the proposed amendment. Ohio Revised Code (E). In Staff s opinion, the Planning Commission should recommend item to be DENIED. The proposed zoning change does not align with the Chippewa Township Comprehensive Plan, which suggests that future land uses at Hametown Road be residential in nature. Trevor Hunt introduced the item and requested the applicant to come forward. Chuck Conrad, Owner of Conrad Heating, spoke of relocating his business back in Wayne County and purchasing the Hametown Road property was the best available option. Mr. Hunt stated staff s recommendation to deny proposal as it does not align with the Chippewa Township Comprehensive Plan, which suggests that future land use be residential in nature. He also stated from the Chippewa s Zoning Resolution that an applicant can apply for a variance using non-conforming or conditional use with the Chippewa Township Zoning Commission. MOTION was made by Steve Wheeler to deny Seconded by Gene Pouly 2) Planning Commission review of decision of Official Action Notice vs. Table There has been a request to have an open discussion to review the current procedures for issuing an Official Action Notice when an item on the agenda is TABLED. The current procedure for tabling a motion: a motion to TABLE an item is made, it is then seconded and voted upon. If there is a majority vote the motion passes and Official Action Notice is drafted and is signed by the Secretary. Trevor Hunt let the Planning Commission know there is a concern brought forward to review the procedure if an Official Action Notice needs the Secretary s signature. John Fitzpatrick spoke of his concern of the procedure and using the term Official Action Notice. Some discussion was done concerning past tabled proposals and being consistent. Planning staff concluded they would seek legal advice with the Commissioner s Administrative Council and review his recommendations with the Planning Commission at the February meeting. 5 of 6

6 3) Authorization for Pete Wearstler to approve and sign surveys Trevor Hunt recommended the approval of Pete Wearstler to sign surveys. Noting Mr. Wearstler is extremely knowledgeable in subdivision regulations and has been facilitating the TRC Meetings and doing site visits. MOTION was made by Steve Wheeler to approve Seconded by Joel Montgomery ADJOURN: Upon hearing no further business, Sue Smail moved to adjourn, and Steve Wheeler seconded.. Meeting adjourned at 4:58 pm. X Bill Cletzer, Chairman Wayne County Planning Commission X John Fitzpatrick, Secretary Wayne County Planning Commission 6 of 6