Minutes: March 21st, 2023

MARCH 21, 2023
Scott Hetrick
Jim Dick
Michael Prosser
Molly O’Neal
Don Habegger
Jordan Davenport
Jim Radloff
Robert Crawford
J. Earl Ley
Heidy Blohm
Laura Enderle
Philip Enderle

Trustee Matt Montowski called the meeting of the Catawba Island Township Trustees Zoning Hearing on the Marsh’s Crossing PUD Application to order at 9:00 a.m. For the record, he identified the date as March 21, 2023. Trustee Montowski introduced the Board of Trustees and Todd Bickley, Zoning Inspector. The meeting procedure was reviewed by Trustee Montowski.
The Pledge of Allegiance was recited.
Trustee Montowski read the application cover page and the public hearing notice. He questioned if Case #157916 was correct and Mr. Bickley indicated that the case number was correct.
Trustee Montowski questioned if any trustee had a conflict of interest and no trustee had a conflict.
Trustee Montowski reviewed the Zoning Commission’s letter of recommendation, which was approval of Case #157916 subject to the following conditions:
• The streets (Orchardside Drive & Marsh’s Crossing Drive) must be approved and platted by Ottawa County to provide the minimum 200 feet of width to establish a PUD.
• All property east of the single-family homes will be included in the Common Open Space. No parcel shall be excluded.
• A landscaping study shall be performed to save as many existing trees as feasible.
• No development sign will be located on site. The sign will be at the road frontage off of the PUD.
• The adjacent property of Mr. Dominic Insana will be fenced on three sides.
• A fence will protect the pool area.
• The CIVFD Chief’s approval of hydrant locations will be included.
• The covenants will prohibit boat and RV parking.
• The project shall comply with all Ottawa County regulatory requirements for infrastructure, drainage and wetlands.
• The project shall comply with all EPA regulatory requirements for construction and wetlands.
• The project will comply with the requirements of any other agency having jurisdiction over the development of the property. Approvals by the County, State, and Federal agencies must be obtained before proceeding with the Planned Unit Development.
• Review and resubmit multi-family garages to the trustees for approval prior to PUD approval.

Trustee Montowski noted that the Trustees received a letter from Don Habegger and Molly O’Neal.
Trustee Montowski recognized Mike Prosser, representing the applicant. Mr. Prosser noted that he was representing John Granzier. Mr. Prosser indicated that the application is a simple project based on the zoning regulations, but the process has taken awhile and the application was thoroughly reviewed by the Zoning Commission. Mr. Prosser noted that the applicant has addressed the questions and concerns of the commission and the neighbors; such as installing a fence on three sides of an adjacent property owner. The applicant has been open with Marsh’s Edge neighbors and has modified the walking path.
Trustee Montowski commented that the applicant agreed to add a fire hydrant to serve Marsh’s Edge. Mr. Prosser noted that an additional 800 feet of 8” water line and a fire hydrant will be installed, at the owner’s expense, to serve Marsh’s Edge.
Trustee Montowski reviewed the PUD requirements. He noted that based on the recommendation of the land use plan, the density is four (4) or more units per acre, subject to approval by the Trustees. Trustee Montowski indicated that the application was modified to twenty-nine (29) units, thirteen (13) single family house lots and eight (8) duplexes. Based on the land area above 574, the density is 2.2 units per acres.
Trustee Montowski reviewed the open space, and following discussion, the open space was determined to be 55.6%.
Trustee Montowski questioned building height and Mr. Prosser indicated that no building will exceed thirty-five feet (35’) in height.
Trustee Montowski questioned setbacks. Mr. Prosser noted that the single family house lots will have ten (10) foot side yard setbacks and at the request of the fire department the setback between the duplexes will be at least twenty feet (20’). For the duplexes, Mr. Prosser also noted twenty (20) foot setbacks on the rear and side, with a drive on the one side.
Trustee Montowski considered dwelling size and accessory structures. Mr. Prosser noted that the dwelling sizes exceed the minimum and that no accessory structures, other than a swimming pool, are proposed for the development.
Trustee Montowski questioned off-street parking. Mr. Prosser commented that sufficient parking is provided for the single family house lots. For the duplexes, the two-car garages have been modified to allow for golf cart storage. Trustee Montowski noted that Zoning Commission Chairman Davenport indicated that the proposed modification was sufficient.
Trustee Montowski indicated that no commercial uses are proposed within the PUD and that the traffic circulation appears sufficient.
Trustee Montowski stated that a sign will be placed at the boundary of the PUD, not along State Route 53. Mr. Prosser commented that the application is not a large development.
Trustee Montowski noted that a fence will be placed along three sides of an adjacent property owner and that a fence will be around the pool. Mr. Prosser indicated that the fence around the property will be a six (6) foot privacy fence.
Trustee Montowski noted that other agency approvals will be required and Mr. Prosser indicated that a preliminary plat for the single family house lots will be reviewed by the Ottawa Regional Planning Commission at its public meeting tonight.
Jim Dick questioned if anything is different that is being proposed today. Mr. Bickley indicated that the duplex garages have been modified and the northwest corner is identified as open space.
Trustee Montowski recognized Molly O’Neal. Ms. O’Neal questioned density calculation and the use of 574. She noted that the USGS maps show a substantial area below 574. Mr. Prosser explained that the calculations were based on using LIDAR, which uses a contour of half a foot, which is more accurate than the 1968 topo map.
Ms. O’Neal commented that an additional concern is traffic on State Route 53 and she questioned the impact on the state roadway. Ms. O’Neal read from page 30 of the land use plan.
Trustee Montowski agreed that Ms. O’Neal has a valid request. However, Trustee Montowski commented that accidents have decreased because of safer roads and better signage. Trustee Montowski noted that Catawba Island Township has a growth rate of one percent (1%). He also noted that a traffic study would need to be done by ODOT, which is installing roundabouts to improve safety.
Ms. O’Neal expressed concern with wetlands and threatened species and requested that approval not be given until wetland delineation is completed. Trustee Montowski commented that the wetlands is beyond the trustee’s authority and is enforced by other agencies.
Mr. Dick noted that the applicant has been cited for dumping without permission. Trustee Rofkar commented that the EPA is now involved. Mr. Dick commented that the Marsh’s Edge Association is not against the development, as long as it complies with all regulations.
Mr. Prosser explained that when proposing a development, the first step is to obtain zoning approval. The EPA and Army Corps of Engineers were brought in because of fill (SR 53 grindings). The applicant met with two (2) separate EPA agencies and as a result, a silt fence was installed to address any drainage concerns. Trustee Montowski noted that a number of structures have been removed. Mr. Prosser indicated that an old hotel and several mobile homes were removed.
Philip Enderle commented that the Marsh’s Edge residents are not asking the Trustees to go beyond what they cannot control; however, the residents are asking that a decision not be made until a wetland delineation and a tree study are completed. Trustee Montowski commented that the first step is to obtain zoning approval before proceeding with the other agencies. Once approvals have been obtained from the other agencies, and if changes need to be made to the PUD plan, then the applicant will need to come back to the township for review if the change is considered major. Mr. Enderle questioned what is the “tipping line” for a major change? Mr. Prosser noted in the Catawba Bay PUD, a minor change is required for two (2) lots to be combined into one (1) lot for building purposes.
Don Habegger addressed a category 3 for endangered species and how that will affect the proposal. Trustee Rofkar commented endangered species would be an EPA enforcement. Mr. Habegger expressed concerns with drainage and would like a baseline be established to measure against an increase of water which may result in additional dredging or the installation of more pumps. Mr. Habegger requested the establishment of a baseline for drainage. Trustee Rofkar commented that the property owner is liable if additional water is discharged. Mr. Prosser explained the EPA’s siltation control, which requires holding water for at least forty-eight (48) hours so that sediment does not flow out. In addition, the applicant will need to prove to the Ottawa County Engineer that the water is being held. Mr. Dick questioned the current drainage rate. Mr. Prosser was not sure, but he believes the preliminary plans have oversized the ponds. Trustee Montowski commented that the baseline has not yet been established, and that the review will be made with the County Engineer.
Trustee Rofkar noted that the Trustees control zoning, but do not regulate wetlands or drainage. Discussion followed.
Mr. Dick commented that the Marsh’s Edge Association is concerned about the marsh and that it needs to be protected.
With no additional comments or questions, Trustee Montowski closed discussion from the floor.
Trustee William Rofkar made a motion to approve Marsh’s Crossing PUD as amended, subject to the conditions as recommended by the Zoning Commission. The motion was seconded by Trustee Diane Belden.
Jordan Davenport, Zoning Commission Chairman, noted that the Zoning Commission recommended that the duplex garage modification be approved prior to approval of the application.
Trustee William Rofkar amended his original motion to include the approval of the duplex garage modification. The amended motion was seconded by Trustee Diane Belden.
The vote on the amended motion to approve the duplex garage modification and approve the Marsh’s Crossing PUD as amended, subject to the conditions recommended by the Zoning Commission was as follows:
Trustee Rofkar – Aye
Trustee Belden – Aye
Trustee Montowski – Aye
Motion passed.
Trustee Diane Belden made a motion to adjourn and the motion was seconded by Trustee William Rofkar. Motion passed and the meeting was adjourned at 10:27 a.m.
Respectfully submitted,

Todd Bickley
Zoning Inspector