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Regular Meeting of the Kelleys Island Planning Commission: November 7, 2009


Planning Commission Members Present:  G. Finger, W. Minshall, Mayor R. Quinn. Legal Consultant: D. Lambros; Village Clerk/Treasurer (guest appearance): C. Brown. Members of the Public: Glenn & Mickey Holhauzer.

 

Chairperson W. Minshall recognized the recent passing of Terry Kranyak and the resignation of Dave Yeager, both of whom have served as members of the Planning Commission. The Planning Commission Clerk was directed to send letters recognizing their service. .

 

       A. Getaway Subdivision Final Platt 

·         Subdivision approval process and signatory ‘sign-offs’ (e.g., Council, Planning Commission, County Office) discussed

o       The current practice of the developer registering the final plat does not prevent changes being made to a development plan after official signatures have been obtained

o       W. Minshall: suggested Village record the final plat plans to ensure the Village retains a copy of the recorded development plans   

o       D. Lambros:  suggested Planning Commission discuss procedures in future

·         C. Brown: noted that the auditor’s signature confirming no taxes are due on the property has not been signed on the Getaway Final Platt

o       D. Lambros: clarified the auditor signs after the developer files final documents with county, which will not sign until any taxes due are paid by developer.

·      W. Minshall: Copy the plat for Village files before returning it to the developer.

              B.  Correspondence: no response to letter sent to D.B. Harrt  

  C.  Continuing review of RZC: W. Minshall: do we want “form based” or “straight” zoning code?

·         SECTION 152.35 “Historic District Overlay”  

o       W. Minshall: Should Historic District Overlay constitute a separate zoning district to protect design consistent with the spirit of such a district?

o       G. Finger:  Design Review Board frustrated by lack of enforcement for Board- recommended designs that may be ignored in building projects 

o       W. Minshall: A separate district can provide ‘teeth’ which the Board will then have to act if the rules are violated

o       G. Finger: enforcement provisions will validate Design Review Board’s recommendations

o       W. Minshall: Removing C-2 & C-3 distinctions from Historic Overlay District moves towards a Village Manager,non-volunteer board, and village architect.

§         G. Finger: at whose expense?

§         W. Minshall: property owner’s expense

§         D. Lambros: this approach requires an independent review authority

·         SECTION 152.23 “Business Districts”

o       152.23.21 (5) Explanation of Terms:  [p. 16]: percentages are not delineated.

o        152.23.23 (5) Noise and Emission: [p. 18] add existing code’s table for decibel allowances and restrictions

o       152.23: Throughout this section everything identified as “C1” must be done in an enclosed building.

 

 

·         SECTION 152.25 “Quarrying/Marina District

o       Table 152.25.5 (a) “Permitted Uses” Table for Marina Development:

§         3. Recreation  I. “Conference Center” changes from “conditional” to “permitted use

§         3. Recreation J. “Commercial Marina” changes from “conditional” to “permitted”

§         4. Retail/Personal M. “Restaurant, Outdoor dining,” changes from “conditional use” to “permitted”

o       Adequacy of parking spaces for lodging facilities, multiple-family dwellings, parking on interior properties discussed  [see Table152.25.5 (b)]

[Planning Commission meeting recessed Nov. 7 12:00 noon;reconvened Sunday, Nov. 8 9:30 a.m:

Present: Gary Finger, Mayor Quinn, Chair Werner Minshall; Absent: Dave Lambros (excused).

Guest: Village Clerk/Treasurer Claudia Brown

E. Petitions related to vacating of Dwelle Lane discussed: 

·         Historic documents tracing status of Dwelle Lane include 1923 property ownership records and 1955 tax records

·         C. Brown: suggests roads’ money be used to conduct survey

·         W. Minshall: will provide C. Brown research data

Motion to defer submission of final Getaway Platt deferred awaiting resolution of Dwelle Lane as being public or private unanimously approved

 F. Continuing review of draft Revised Zoning Code

·         Timeframes for final review process and project completion 

o       Winter workshop to be scheduled for committee and council review

o       Master copy Planning Commission recommendations to be submitted to D.B. Hartt from W. Minshall for “redlined copy” showing changes

o       Public hearings

·         152.25.3 “Regulations for Quarry/Marina District,”(3) Performance Standards  describes quarry restrictions; separate section 152.25.11, PERFORMANCE STANDARDS does not address quarrying standards.

·            152.27, “Industrial District Regulations”

o       Table 152.27.3, “Permitted Uses”

·         add horses

·         ‘Industrial/Warehouse Uses’, change permitted uses:

·         5. Self storage facilities, indoor’ from conditional to permitted

·         6. Outdoor storage of materials/goods from conditional to permitted

·         8. Outdoor storage of petroleum…from conditional to permitted

o       152.27.9, HEIGHT REQUIREMENTS  [p. 3]

·         Strike sentence “a more restrictive height limitation...Evironmental Protection Overlay District” as this district no longer exists.

·            Earlier sections revisited during review process:

o       152.17.13 ACCESSRORY USES AND STRUCTURES, [p. 9], re-instate previously deleted paragraph (3) Living Areas in Accessory Structures; add: “However upon completion of the principle structure, said living shall be permitted.”

Meeting Adjourned 11:35, Nov. 8

 

Carol Nelson-Burns, Planning Commission Clerk

Rob Quinn: The new code emerges from government’s responsibility to update codes periodically to reflect legal and practical changes in the community unit, beginning with a revised Master Plan that necessitates changes in the zoning code so that it is consistent with the master plan. The purpose of revision is to simplify and make more coherent these related documents.  

 

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