ZONING COMMISSION MINUTES – April 29, 2015
Chairman Paul Shaw called the meeting of the Catawba Island Township Zoning Commission to order at 7:32 p.m. Mr. Shaw introduced the rest of the Commission in attendance: Jordan Davenport, Vice Chair, Stephen Lonneman, Ron Wiseman, and alternate, Greg Hart who served as a voting member in the absence of Curt Baxter. Mr. Shaw also introduced Walter Wehenkel, Zoning Inspector and Zoning Commission Secretary, and Matt Montowski, Township Trustee.
Mr. Shaw welcomed those in attendance and stated the Zoning Commission appreciated their interest. Since it was a public meeting, he advised that debates/talking amongst individuals was not permitted. He asked that all attendees sign the register and stated any person wanting to speak would be recognized by the chairperson and asked that they identify themselves by name and address for the record. He asked those in attendance to please be sure their cell phones are turned off or on vibrate. He then asked all in attendance to join in reciting the Pledge of Allegiance.
Mr. Shaw then suggested the following agenda for the meeting.
1)Consider application # 668143 from Midland Title Agency for Catawba-Cleveland Development Corp. to rezone 2 parcels in Section 3, Lot 4 of the Firelands Survey, Catawba Island Township, Ottawa County a.k.a. 4472 and 4482 E. Beach Club Road from the A district to the R-E district.
2)The reading and approval of our last meeting minutes from February 25, 2015.
3) Any old business
4) Any new business
Mr. Shaw asked if there were any additions or changes to the proposed agenda. There were none. Jordan Davenport moved to adopt the proposed agenda. Dr. Greg Hart seconded the motion. The motion passed.
Julian Oleniacz questioned the property being rezoned. He noted the mailing identified 4450 E. Beach Club Road as being rezoned which is his property, but the information just read by the Chairman did not include his property. Mr. Wehenkel stated he made an error in identifying the addresses of the property involved in the rezoning. The property only includes 4472 and 4482 E. Beach Club Road and not 4450 E. Beach Club Road. Mr. Oleniacz restated his property is not included. Mr. Wehenkel responded that was correct.
Mr. Shaw requested a motion to consider application # 668143 from Midland Title Agency for Catawba-Cleveland Development Corp. to rezone 2 parcels in Section 3, Lot 4 of the Firelands Survey, Catawba Island Township, Ottawa County a.k.a. 4472 and 4482 E. Beach Club Road from the A district to the R-E district. Steve Lonneman so moved. Ron Wiseman seconded the motion. The motion was passed. Mr. Shaw asked if any Commission member had a personal or professional conflict concerning the case. There were none.
Mr. Shaw read the letter of recommendation from the Ottawa Regional Planning Commission concerning the rezoning request. The Planning Commission found it to be consistent with the Land Use Plan and recommended its approval. Mr. Shaw asked Mr. Wehenkel if he had received any additional correspondence. Mr. Wehenkel indicated he had not received anything additional. Mr. Shaw requested Jordan Davenport read the two legal descriptions which he did.
Mr. Shaw asked for a representative for the rezoning request. James Stouffer introduced himself. Mr. Stouffer stated Steve May would normally be in attendance to discuss the request, but he recently had two knee replacements. He stated the Catawba Cleveland Development has always tried to do development in a quality way. The Sanctuary originally was intended to have a higher density, but based upon sales and the requests of purchasers, the density has been reduced. It has been reduced from sixteen units to five units. Therefore, the overall planned unit development density is also being reduced.
Phase 1 is incomplete as a tree buffer still needs to be installed on Mr. Oleniacz’s property. The process has taken longer than expected, but that sometimes happens. A phase 2 of the Sanctuary will be submitted once the rezoning is completed. These parcels are part of that proposed phase 2. It will be equally nice with attractive homes. A sewer line will be installed up Beach Club Road to serve the new homes in phase 2. It will be a shallow trench as it will be a force main sanitary sewer. The pro shop and fitness center will be connected to it along with the phase 2. Unfortunately, the sewer will pass in front of Mr. Oleniacz’s home and he will need to tie into it. The Catawba Cleveland Development Company will do what it can to assist Mr. Oleniacz. He has been a good neighbor and the Company tries to be a good neighbor as well. History proves that the Company does good developments.
Julian Oleniacz stated he has the largest frontage along Beach Club Road. He cannot afford the cost associated with the sewer crossing his property. He challenged the Commission members to explain why he needs to pay the price for someone else’s development. He is presently zoned “A” and he can afford his property taxes. The CIC is making money on this project, not him. He is still waiting for the CIC to finish the work they promised from Phase 1. Mr. Oleniacz also stated the buffer Mr. Stouffer referred to during his presentation is supposed to on the CIC property and not on his property.
Paul Shaw stated the issue before the Commission is the rezoning request and not the sanitary sewer. Mr. Oleniacz asked why the residents in phase 1 of the Sanctuary were not required to tie into a sewer. His neighbor had issues with his septic system and had to connect to the sewer. Why weren’t the others required to connect to the sanitary sewer. Mr. Stouffer stated there was a recent ruling by the Board of Health requiring connection to pressure sewer systems. Mr. Oleniacz asked who is going to pay for his 144 feet of frontage. He is on a fixed income and not able to do it.
Ron Wiseman asked Mr. Stouffer what he meant when he stated he would “work with Mr. Oleniacz.” Mr. Stouffer stated he would do what he could to assist Mr. Oleniacz. He apologized, but he has not had the time to work with Mr. Oleniacz on this issue. Leach beds are not always good. Julian is a good neighbor and Mr. Stouffer stated he would sit down with him in good faith to try and work out the situation. Mr. Oleniacz stated he will not pay one cent to hook up or pay an assessment. He is not making any money through the development. Mr. Stouffer is making the money. His septic system has been checked and it is working fine.
Paul Shaw closed the meeting to the audience as there was no additional testimony to be given. He requested comments from the Commission members.
Jordan Davenport stated it is an expansion of an existing planned unit development. The Regional Planning Commission stated the proposal is consistent with the Township’s land use plan. He added that Mr. Stouffer has been a good neighbor to the Township. Ron Wiseman stated he is sympathetic to Mr. Oleniacz’s situation and would have preferred more details for possible help that could be provided to him. Steve Lonneman agreed with Jordan’s analysis. He added as an explanation, that the Zoning Commission only makes a recommendation on the rezoning request. The final decision is reached by the Township Trustees. Dr. Hart agreed the proposal is consistent with the land use plan and makes sense.
Jordan Davenport moved to approve application # 668143 from Midland Title Agency for Catawba-Cleveland Development Corp. to rezone 2 parcels in Section 3, Lot 4 of the Firelands Survey, Catawba Island Township, Ottawa County a.k.a. as 4472 and 4482 E. Beach Club Road from the A district to the RE zoning district. Steve Lonneman seconded the motion. The motion passed unanimously.
Mr. Shaw announced that the proposed application # 668143 from Midland Title Agency for Catawba-Cleveland Development Corp. to rezone 2 parcels in Section 3, Lot 4 of the Firelands Survey, Catawba Island Township, Ottawa County from the A district to the R-E district would be recommended to the Catawba Island Trustees for their consideration. The date of the Trustee’s meeting would be May 12, 2015 at 7:00 p.m.
Mr. Shaw stated that the Commission would now consider the approval of their prior meeting minutes from the February 25, 2015 meeting. He stated those in attendance were welcomed to stay or they could leave at this time.
Jordan Davenport moved to approve the minutes of the February 25, 2015 meeting as mailed. Steve Lonneman seconded the motion. The motion passed.
Mr. Shaw asked if there was any old business to discuss. There was none. Mr. Shaw asked if there was any new business to discuss. There was none. Mr. Shaw noted the next scheduled meeting for the Zoning Commission is May 27, 2015, if there is business to transact.
Dr. Hart moved to adjourn the meeting. Steve Lonneman seconded the motion. The meeting was adjourned at 8:05 p.m.
Walter Wehenkel, Secretary