Minutes: February 22nd, 2023

FEBRUARY 22, 2023
Jim Radloff Robert Martin
Alona Martin Molly O’Neill
Don Habegger Tom Bartram
Connie Focht Douglas Focht
Jim Dick William Baker
Tammy Dudley Judy Vacca
Tom Vacca Michael Benton
Michael Prosser John Grazier
John Mahoney Leo Mahoney
Dominic Mahoney Derrick Marsh
Daniel Birkett Dan Barlow

Members of the Commission in attendance were Chairperson Jordan Davenport, Paul Shaw, Dr. Gregory Hart, Matt Gottron and Alternate David Wonnell. Mr. Wonnell replaced Dr. Gregory Hart, who has a conflict of interest. Also in attendance was Matt Montowski, Trustee. Todd Bickley, Zoning Inspector and Commission Secretary, was not in attendance.

Chairperson Davenport called the meeting of the Catawba Island Township Zoning Commission to order at 7:00 p.m. For the record, he identified the date as February 22, 2023. The Zoning Commission procedure was reviewed by Chairperson Davenport.
The Pledge of Allegiance was recited.
Chairperson Davenport reviewed the agenda.
Agenda Item 1 – PUD Application
Agenda Item 2 – Approve Prior Meeting Minutes
Agenda Item 3 – Unfinished Business
Agenda Item 4 – New Business
Agenda Item 1 – Case #157916 Marsh’s Crossing Planned Unit Development
Chairman Davenport indicated that pictures of the area have been submitted showing the area’s wetlands. Chairman Davenport reported that a number of letters have been received concerning the application. Chairman Davenport referenced a letter from Donald Habegger & Molly O’Neal, which expressed concern with the wetlands and drainage. Mr. Habegger commented that when developed, the area will consist of paved streets, parking lots and roofs, which will lead to additional runoff and his property is lower than the proposed Marsh’s Crossing PUD location. Mr. Habegger’s concern is with additional water going into his yard. Chairperson Davenport noted that the issue was discussed at the last meeting and that a drainage plan will be submitted to the Ottawa County Engineer when the subdivision is platted, retention ponds will be constructed, and the water would be metered between the ponds and the Marsh’s Edge wetlands. Mr. Habegger watched the tape of the last meeting and Mr. Prosser indicated that the water will be drained through an inch and a half pipe. Based on the recent rains, it does not make sense that this pipe would be able to handle the runoff. Mr. Prosser explained the pond will have a metering device that will allow a certain amount of runoff based on the water level of the Marsh’s Edge marsh. The amount release cannot be greater than what is currently flowing from the property. There cannot be a net gain. The additional water would be retained on the applicant’s property. Mr. Habegger questioned the size of the retention pond and Mr. Prosser indicated that a consultant will design the pond based on the drainage studies. Currently, the ponds are a preliminary design. The drainage flow to the ponds was identified by Mr. Prosser. Chairman Davenport noted that all County, State and Federal regulations on development will need to be met by the applicant. Mr. Prosser stated that there is enough storage with the existing pond and proposed retention ponds for the proposed project.
Chairman Davenport recognized Molly O’Neal. Ms. O’Neal stated that Mr. Prosser indicated that there was very little water coming from Marsh’s Crossing into Marsh’s Edge and that part of the problem for Marsh’s Edge is that the eight inch (8”) pipe is clogged. Mr. Prosser noted that the pipe from the existing pond into Marsh’s Edge is partially plugged and that it has been that way since Marsh’s Edge has been developed. There is a new pipe under Turtle Crossing, but the partially plugged pipe is old and goes under the dike. Mr. Prosser discussed the drainage requirements of the new development.
Mr. Davenport referenced letters from Philip Enderle and Chris McIntire. Chairperson Davenport indicated that Mr. McIntire questioned the results of the EPA site visit. Chairperson Davenport reviewed a letter from the OEPA to John Grazier, which indicated EPA performed a site visit on February 2nd to review a complaint. The letter indicated that a NPDES is required if more than one (1) acre of land is disturbed and that demolition, brush clearing and asphalt grindings were present and that the disturbance was greater than one (1) acre. There was no evidence of fill within the marsh pond area. The requested action was that within thirty (30) days of the received letter, the EPA was to be notified of the actions taken or to be taken to address the violation. Mr. Prosser indicated that the violation was a fill violation and that they were asking for a Letter of Intent, which has been submitted.
Chairman Davenport recognized Mike Prosser. Mr. Prosser indicated that the duplex dimensions have been submitted for commission review. Chairman Davenport questioned the single family homes. Mr. Prosser commented that there will be floor plan options.
Chairman Davenport indicated that instead of two (2) phases, the project will now be undertaken in one (1) phase. The subdivision sign will be off of SR 53 and not on the PUD premises. Fencing will be on the three (3) sides of Mr. Insana’s property. Chairman Davenport commented that a letter was to be obtained from Chief Gibbons of the fire department.
Chairman Davenport requested additional questions from the audience. Chairman Davenport recognized Molly O’Neal. Ms. O’Neal commented that a lot of land is below 574 and cannot be included as part of the density calculation and as a result, there should be a recalculation for density. Chairman Davenport noted that the fill from the new retention ponds will be placed where the house lots are proposed so that the land area will be above 574. Mr. Prosser noted that the land away from the pond is currently above 574. Mr. Prosser commented that a wetland evaluation of the property will be undertaken as required by the OEPA. A discussion of open space calculation followed.
Chairman Davenport recognized Jim Radloff. Mr. Radloff commented that this development will not be liked Marsh’s Edge in the way the buildings will look and that the developer of Marsh’s Edge would be embarrassed with this development. Mr. Radloff questioned Mr. Prosser’s professional background. Chairman Davenport indicated that the commission will review the plan as submitted by the applicant.
John Mahoney was recognized by Chairman Davenport. Mr. Mahoney noted that the pipe under SR 53 was replaced and Mr. Mahoney asks that a determination is made as to where the water goes. Chairperson Davenport noted that the developer will be required to meet all regulations.
Bob Martin was recognized by Chairman Davenport. Mr. Martin questioned if the developer had any plans for the island. Mr. Prosser indicated that the developer did not have any plans.
There being no additional questions, participation from the audience was closed. Chairman Davenport requested questions from the commission members. Paul Shaw questioned if golf carts are going to be allowed in the development. Mr. Prosser indicated that golf carts will be allowed, but not on the walking paths. Mr. Shaw questioned if they will be allowed to be parked outside. Mr. Shaw noted that if parked in the garage, then the duplex garage cannot handle two (2) cars and a golf cart. Mr. Prosser noted that a decision has not been made on golf cart parking. Chairman Davenport noted a concern with a 19’ x 19’ garage. Mr. Prosser indicated that modifications may be made to the garage to make it bigger. Mr. Prosser noted that he likes to have a half car garage addition for a golf cart.
Chairman Davenport reviewed the proposed revised application based on the “R-E” criteria.
• Type of Uses Permitted – no change, single family and duplexes. No commercial uses.
Dr. Gregory Hart noted that a pond is being created between an “RE” and “C-3” Districts and the use of the “C-3” District will have an effect on runoff and usage. Will the proposed shops be used to rent kayaks to be used in the “RE” ponds. Chairman Davenport commented that the PUD development will have no home occupations or other commercial uses and Mr. Prosser indicated that there will be no commercial uses in the PUD.
• Development Standards –
• Density – Chairman Davenport reviewed the proposed density, which meets the “RE” requirements. Mr. Shaw noted that the northeast corner was not included in the density calculations. Mr. Prosser indicated the area was left out and the developer was not sure what will be done with the area. It is not part of the open space calculation.
• Common Open Space – Mr. Prosser noted that the revised open space map shows the areas used in the open space calculations. The acreage numbers did not change. The open space percentages were reviewed. Chairman Davenport questioned the northeast corner and that every portion of the PUD area needs to be identified. Mr. Prosser suggested it could be called the developer’s property, not open space to be used by the people in the development. Discussion followed. The developer agreed to include the northeast corner as open space.
• Building Height – The proposed heights will be under thirty-five feet (35’).
• Dwelling Size and Accessory Structure Standards – Mr. Prosser noted that the footprint does not change for the single family homes, except for the garage size. However, the floor plans will change. No accessory structures are proposed.
• Building Yards – Meets the requirements.
• Off-Street Parking Spaces – Two (2) parking spaces per unit are proposed.
• Commercial Uses – No commercial uses.
• Traffic Circulation – The street layout within the development is adequate.
• Sign – Previously discussed.
• Fences – Fences will be installed along the three (3) sides of Dominic Insana’s property and fencing around the pool. A preliminary landscaping drawing was included with the application. Chairman Davenport questioned landscaping along Mr. Insana’s property. Mr. Prosser noted that normal backyard landscaping will be installed.
Chairman Davenport reviewed the data required with the application. Chairman Davenport commented that revised plans have been submitted that down sizes the number of units and the street layout has been modified. Chairman Davenport noted that the northeast corner has been added to the open space, which further reduces the density. The covenants address the open space maintenance and the general outline and building locations have been identified. Land dedicated to the dwellings was identified and conceptual drainage and landscaping plans have been submitted. Conceptual water, sanitary sewer, and drainage plans were provided and the County, State and Federal requirements will need to be met.
Chairman Davenport questioned the status of Barnes reviewing the trees. Mr. Prosser indicated that a consultant has been hired.
Chairman Davenport noted that the schedule of development is no longer two (2) phases. The project will proceed as one (1) phase. Parking and street layout has been shown and the walkway identified.
Chairman Davenport questioned the covenants. Mr. Shaw commented that the golf cart issue would have an impact on the parking requirements among the multi-family units. Mr. Prosser noted that it would be difficult to restrict golf carts. Mr. Prosser indicated that there will be up to four (4) parking spaces for each unit in the multi-family portion of the development. There are two (2) spots in the garage and parking available in the driveway area. There would be no issue with the single family lots. Golf carts could sit on the driveway among the duplexes. The back out areas could be increased, if necessary. The garages can be reconfigured to be a 2½ car garage.
Concerning landscaping, Chairman Davenport noted that a study would be conducted to retain as many trees as possible.
Chairman Davenport reviewed the application based on the following considerations:
• The project is to be started within two years from the date of approval.
• The project is one (1) phase.
• Dr. Gregory Hart suggested that the proposed uses will be detrimental to the surrounding uses because a pond is proposed between the “RE” and “C-3” zoning districts which will handle runoff from the proposed commercial use. There will be petroleum products that contaminate the water going into the marsh. This scenario would be similar to the pig farmer. A contention of the pig issue was that the pigs were contaminating the marsh and that the case was determined against the pig farmer. Chairman Davenport questioned how the OEPA addresses the runoff. Mr. Prosser commented that OPEA will require the developer to file for SWP permit and that permit requires the developer to retain, filter, and monitor the runoff for the entire portion of the development. Two separate permits will be required (restaurant and PUD) and monitored by the OEPA. Mr. Prosser noted that the parking lot will have a retention area. Dr. Gregory Hart identified a concern with the golf carts and the ability to enter into Marsh’s Edge near SR 53. Dr. Gregory Hart noted that Marsh’s Edge prohibits golf carts within Marsh’s Edge to outsiders.
• Concerning streets and thoroughfares, Chairman Davenport questioned whether twenty-nine (29) homes would overload NE Catawba Road. Mr. Wonnell noted that during the summer, NE Catawba Road can be considered overloaded. Chairman Davenport noted that it would be difficult to say that the situation would become even worse.
• No commercial development.
• Chairman Davenport noted that the adoptive policy of the zoning commission is to permit residential developments.
• Chairman Davenport compared the proposed development with the adjacent areas. The Commission determined that the development is compatible with the surrounding areas.
• Chairman Davenport noted the proposed development meets the density requirements of the Catawba Island Land Use Plan.
• Chairman Davenport commented that the existing and proposed utility services are adequate and that the County will need to approve the proposed utilities.
• The commission concluded that the PUD justifies the deviation from the standard residential development requirements.
• Chairman Davenport noted several proposed changes: increase the size of the duplex garages and include the northeast corner as open space. Mr. Granzier questioned the concern with golf carts. Dr. Hart indicated that golf carts may go over onto Marsh’s Edge Boulevard near the proposed restaurant. Mr. Prosser indicated that the area can be screened off. Discussion followed.
Chairman Davenport returned to the third issue, compatibility of the PUD with the surrounding uses. Chairman Davenport noted that after three (3) meetings, the commission has not received complaints concerning the residential housing. The concerns are with drainage and runoff, and changes to the pond. A fire hydrant will be provided to improve the fire-fighting capabilities for Marsh’s Edge. The zoning commission’s concerns were the garages and golf carts.
Dr. Hart questioned if anything has been received from OEPA indicating that the violations have been cleared up. Mr. Granzier noted that he is still within the thirty (30) day window to address the violation and that a response has been electronically sent to OEPA for review.
Mr. Shaw questioned the time line when other agency approvals are required. Will the project start time be delayed? Mr. Prosser indicated that he does not anticipate an issue with the time line.
Chairman Davenport noted that the zoning commission requested building separation of twenty feet (20’) versus ten feet (10’), which the applicant agreed to do.
Chairman Davenport indicated that the zoning commission will recommend approval, recommend approval with conditions, or recommend disapproval to the township trustees. Discussion on the golf carts and duplex garages followed. Chairperson Davenport reviewed the proposed conditions for the approval of Case #157916 as revised:
• 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.

Mr. Wonnell commented that with the conditions noted by Chairman Davenport, the project would be beneficial to the surrounding uses.
Paul Shaw made a motion to recommend approval of Case #157916 as revised to the Catawba Island Township Trustees subject to meeting the conditions listed by Chairman Davenport. The motion was seconded by David Wonnell. Mr. Shaw suggests that the scale of the drawings be 1” = 100 feet.
The commission members voted as follows:
Mr. Shaw: yes, Mr. Gottron: yes, Mr. Wonnell: yes.
Chairman Davenport indicated that Case #157916 has been approved for recommendation to the trustees. The township meeting date is March 21st at 9:00 A.M.
Chairman Davenport indicated that the zoning commission’s next regularly scheduled meeting is March 22, 2023.
Matt Gottron made a motion to adjourn and the motion was seconded by David Wonnell. Chairman Davenport adjourned the meeting at 8:45 p.m.
Respectfully submitted,

Todd Bickley