Meeting Agenda. New Business

Summit County Planning Commission (SCPC) Thursday June 25, 2020 - 3:00 p.m. County of Summit, County Council Chambers 175 South Main Street, 7th _{Floor, Akron, Ohio}

By Zoom Meeting

Meeting Agenda

A. Call to Order Chair Mavrides

B. Roll Call Tubbs

C. Approval of the December 19, 2019 SCPC Minutes Chair Mavrides

D. Election of Officers Chair Mavrides

1.

2.

3.

E. Business Items Knittel

New Business

Item # 1 – Zoning Text Amendment – Residential Occupancy - Northfield Center Township

– The

applicant has proposed that the Northfield Center Township Zoning Resolution Section 130

“Definitions” and 610 “Zoning Certificates” be amended to add text for the residential

certificate of occupancy for new construction and refundable residential performance bonds.

Item # 2 – Replat No. 3 – Hoover Lake - Springfield Township

– Located in Springfield Township

at the intersection of Lyndon Dr and Lake Spur Cir. The applicant is proposing to combine

Sublots 39 & 40 creating Sublot 39-R and vacating an easement in the process.

F. Report from Assistant Director Tubbs G. Comments from Public Chair Mavrides H. Comments from Commission Members Chair Mavrides I. Other

1. Legal Update Nott

1

County of Summit

Ilene Shapiro, County Executive

Summit County Planning Commission

Thursday, April 30, 2020 - 3:00 p.m.

County of Summit, County Council Chambers

175 South Main Street, 7

_{Floor, Akron, Ohio}

Minutes of April Meeting

Members Present:

, Jason Segedy, Jeff Snell, Dennis Stoiber, David Kline, Allen Mavrides, and

Robert Terry, George Backham, Jeff Wilhite

Members Absent:

Becky Corbett, Jerry Feeman, Helen Humphrys

Staff:

Dennis Tubbs, Stephen Knittel, Connie Krauss, and Dave Nott.

Others:

Joe Paradise –

SCE,

Shawna Gfroerer –

Copley Township,

and

Joe Gregory –

Copley

Township Arcitecture Review Board,

I.

Allen Mavrides

called the meeting to order on

Thursday, April 30, 2020

at

3:00 pm

in

the County of Summit Council Chambers, 175 South Main Street, 7

_{Floor, Akron Ohio}

44308. A roll call was conducted by

Dennis Tubbs

the attending members constituted a

quorum.

II.

February 27

SCPC Member

Present

Motion

Second

Yea

Nay

Abstain

Beckham, George

X

X

Corbett, Becky

Feeman, Jerry

Humphrys, Helen

Kline, David

X

X

X

Mavrides, Allen

X

x

Segedy, Jason

X

X

Snell, Jeff

X

X

Stoiber, Dennis

X

x

X

Terry, Robert

X

X

Wilhite, Jeff

X

X

Motion

David Kline

made a motion to approve the minutes of the

February 27

meeting, and it was

seconded by

Dennis Stoiber

the motion passed with one abstentions.

2

III. Business Items

A.

New Business – (1) item

New Business

Item # 1 –

Copley Township – Zoning Text Amendment - Article 16 Tree Preservation - The applicant has proposed that the Copley Zoning Resolution be amended to be compatible and in line with the goals and initiatives of the township’s updated Comprehensive Land Use Plan.

Staff Recommendation

: Staff recommends to the Summit County Planning Commission the

APPROVAL

of the Text Amendment.

SCPC Action:

Approval:

X

Disapproval:

Action: To approve Item # 1 – Copley Township – Zoning Text Amendment - Article 16 Tree

Preservation, with due consideration to staff and Planning Commission comments.

SCPC Member

Present

Motion

Second

Yea

Nay

Abstain

Beckham, George

X

X

Corbett, Becky

Feeman, Jerry

Humphrys, Helen

Kline, David

X

X

Mavrides, Allen

X

X

Segedy, Jason

X

X

Snell, Jeff

X

X

Stoiber, Dennis

X

X

X

Terry, Robert

X

X

Wilhite, Jeff

X

X

X

Comments:

Dennis Stoiber:

16.02 A 4 – “Area encompaseed by the stand” what does the area

include/defined?

Joe Gregory, Copley Township ARB

– The area is the combined canopies of the trees within

the stand.

Allen Mavires:

Will GIS be used for the canopy data?

Joe Gregory, Copley Township ARB

– Ideally GIS data will be involved with the development

of the Tree Preservation Plan.

Dennis Stoiber:

Does the Township have an Arborist on staff?

Joe Gregory, Copley Township ARB

– Is an arborist and on the ARB and the code has

language to allow the township to hire an arborist if needed.

3

Joe Paradise:

Replacing the canopy from larger trees with younger trees will result in more

trees being planted than were removed.

Motion

-

a motion was made by

Dennis Stoiber

to approve Item # 1 – Copley Township – Zoning Text

Amendment - Article 16 Tree Preservation, with due consideration to staff and Planning

Commission comments, it was seconded by

Jeff Wilhite

the motion passed with no abstentions.

V.

Report from Assistant Director

VI.

Comments from Public

VII.

Comments from Planning Commission Members

VIII. Other

IX.

Next Meeting

The next Summit County Planning Commission meeting will be held on

Thursday, May

28, 2020.

X.

Adjournment

Being no further business to come before the Planning Commission

,

Dave Kline

made a motion to adjourn, and it was seconded by

Dennis Stoiber.

The motion

Planning Commission

Zoning Text Amendment

Residential Occupancy

Northfield Center Township

Item No.: 1

Meeting: June 25, 2020

Applicant: Northfield Center Township Zoning Commission

Proposal: Residential Occupancy Processor: Stephen Knittel

Proposal: The applicant has proposed that the Northfield Center Township Zoning Resolution Section 130 “Definitions” and 610 “Zoning Certificates” be amended to add text for the

residential certificate of occupancy for new construction and refundable residential performance bonds.

Proposed Text Amendments: Text that isstruck through is text proposed for deletion, new proposed text is red and underlined.

Add the following NEW definitions (in red) to Chapter 130 “Definitions” of the Northfield

Center Township Zoning Resolution:

FRONT OF BUILDING: The “front of building” is the part that faces the dedicated street.

RESIDENTIAL CERTIFICATE OF OCCUPANCY FOR NEW CONSTRUCTION: A

certificate issued by a local authority indicating that a building meets building code

requirements.

The Zoning Commission would also like to add NEW text (in red) to Chapter 610, “Zoning

Certificates” replacing current Section 610.14 of the Northfield Center Township Zoning

Resolution with the following new text:

610.14 Residential Certificate of Occupancy for New Construction:

A.

A Certificate of Occupancy shall be issued to the owner, tenant or agent of a

residential structure upon completion of all construction inspections, based on the

approved drawings. A Certificate shall also be issued or required for any change of

use of a structure.

B.

All final inspections shall be provided to the Zoning Inspector.

1.

An Occupancy Permit shall be issued by the Zoning Inspector within thirty

(30) days from when the application is completed, after all Summit County

and Northfield Center Township construction inspections have been

completed.

***Current Section 610.14 will then become new Section number 610.15.***

The Zoning Commission would also like to add a letter “F” to Chapter 690, Enforcement and

Penalty, Section 690.03 to read:

F. Refundable Residential Performance Bonds:

1.

Refundable residential performance bonds shall be paid by the property owner.

Staff recommends the Township get a Prosecutors opinion if they will be in conflict with State Law as it applies to building code enforcement if they approve the proposed text. In the State of Ohio, construction inspections are only performed by the State or State Licensed entities. Staff believes that the township would have no authority to require a certificate of occupancy as that authority specifically rests with the Authority Having Jurisdiction (AHJ), which in this case is Summit County Building Standards.

Regulating any methods of construction, may run the risk of being in conflict with the State Building Code.

For the change in Chapter 690, Enforcement and Penalty, Section 690.03 F, Is this bond the same performance bond in section 620.10? If not staff recommends adding additional language to detail the circumstances of the proposed residential performance bond.

Sec. 620.10 PERFORMANCE BOND REQUIRED. (Amended via Resolution No. 01/8-9c)

Chapter 620 Development Plan Review

A performance bond or other financial guarantee in the amount established by a resolution of the Township Board Trustees shall be placed with the Township Trustees at the time of application for a zoning certificate.

A. The purpose of the bond is to ensure that the buildings and other development improvements constructed or installed are done so are in conformance with the approved development plan including the approved landscaping, pavement

requirements and other development standards approved on the development plan. B. The performance bond shall not be returned until the Zoning Inspector has determined that the development is completed in compliance with all aspects of the approved development plan.

C. If the development plan or structure is not in compliance with the Zoning Resolution at completion of the project or with such reasonable time as may be granted hereunder, then the bond may be revoked, and further legal proceedings brought to enforce the compliance of the Obligor with the applicable zoning resolution. The following procedure will be used to revoke the bond:

1. Send the Obligee of the bond a letter by certified mail specifically setting forth the default in performance of the Obligor/Developer.

2. Indicate in the letter that unless the default is cured by performance of conditions stated in the letter and consistent with the resolution of Northfield Center Township then and action will be brought to forfeit the bond and to seek other remedies provided by law;

3. Provide in the letter a reasonable period of time, not to exceed sixty (60) days, to cure the default and non-compliance with the zoning regulations and

development plan; and

4. If after sixty (60) days the Obligor is not in compliance, then the Trustees, upon recommendation of the Zoning Inspector, may bring such legal action on behalf of the Township to forfeit the bond and such other remedies provided for by R. C. 519.24.

Recommendation: Staff recommends to the Summit County Planning Commission that the proposed text amendments be DISAPPROVED due to potential conflicts with State Law.

Hoover Lake Replat

Summit County Planning Commission Page 1 of 1

Planning Commission

Replat No 3

Hoover Lake

Springfield Township

Item No.: 2 Area: 1.503 Acres

Meeting: June 25, 2020 Council District: 8, Paula Prentice

Applicant: James Heath Processor: Stephen Knittel

Proposal: Located in Springfield Township at the intersection of Lyndon Dr and Lake Spur Cir. The applicant is proposing to combine Sublots 39 & 40 creating Sublot 39-R and vacating an easement in the process.

Site Conditions: Lot 39 is currently vacant with no structures on it. Lot 40 has an existing dwelling structure.

Township Zoning: This plan is within the R-1 Residential district of Springfield Township.

Agency Comments

Springfield Township: Pat Ryan, 06/02/2020: The Township has no issues with the proposed combination of Sublots 39 & 40 and vacation of the 10’ utility easement in the Hoover Lake Heights Subdivision.

Ohio Edison: Kevin McClusky, 05/29/2020: Ohio Edison has no utilities in this easement and therefore has no issue with it being vacated.

SWCD: Julie Berbari, 06/03/2020: The Summit Soil & Water Conservation District has no objection to the above replat, combining sublots 39 & 40 and creating sublot 39-R. The combined lots will equal 1.503 acres.

SCE: Andy Dunchuck, 06/05/2020: Our office has reviewed the above referenced replat and all previous comments have been addressed.

Staff Comments: There is no conflict with vacating the easement between the existing lots, nor with consolidating the lots. Staff has no issues with the proposed Replat.

Recommendation: It is Staff’s recommendation that the Replat of Hoover Lake be Approved.

EXECUTIVE SUMMARY

Located in Springfield Township at the intersection of Lyndon Dr and Lake Spur Cir. The applicant is proposing to combine Sublots 39 & 40 creating Sublot 39-R and vacating an easement in the process.