Planning Commission Reviews Auburn Township Zoning Regarding Family Cemeteries
Planning Commission – July 9, 2024
Meeting: The Geauga Planning Commission met in Regular Session on July 9, 2024 at 7:30 am at the Geauga County Office Building, 12611 Ravenwood Drive, Chardon, OH 44024. This meeting was in person with no virtual attendance option. The agenda is normally available online prior to the meeting. A copy is also available at the meeting. Observer Note: The website presents the minutes and meeting dates, and the agenda is included in that section.
Public Comment Policy: No formal policy, but in practice, public comment could be permitted at the Chair’s prerogative. However, this does not happen. No public comment is solicited or offered except in cases of matters where an applicant or zoning inspector is present to answer questions regarding an item on the agenda.
Board Attendance: Chair Nick Gorris, Vice Chair Dennis Bergansky, Secretary/Treasurer Gary Neola, Commissioner James Dvorak, and Members Walter (Skip) Claypool, Caterina Cocca-Fulton, Matt Johnson, Jim McCaskey, and Dan Miller. Commissioners Ralph Spidalieri and Tim Lennon were absent.
Staff Attendance: Linda Crombie, Planning Director, Allyson Kobus, Planner II, Pamela Irizarry, Administrative Assistant and Intern Aden Ricketts.
Others Attending: Gina Hofstetter, Director, Department of Community and Economic Development, and this Observer. No members of the press were present.
Minutes - Minutes are available online here. Scroll down until the section on Minutes and Agendas.
Pledge of Allegiance, Roll Call
Approval of Minutes - Minutes for the May 14, 2024 meeting were approved.
Approval of Agenda/Addendum Items - One change was made to move a discussion of the Geauga County Reinvestment Housing Council before the Executive Session as Community and Economic Development Director Hofsteter was present to speak to this issue.
Financial Report as of June 30, 2024 and Approval of Expenses - Approved
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Expenses - $92,030.86
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Balance remaining as of date of the meeting: $154,070.14
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Fees received year to date: $4,169
Chair Gorris stated that in his review, it appears they have utilized 42% of appropriations so far.
Director’s Report
Ten (10) new building lot proposals were submitted in May and June, mostly in the eastern part of the County as follows: Bainbridge (1), Claridon (1), Hambden (1), Middlefield (1), Newbury (4), and Thompson (2). Monthly and year-to-date lot split activity information is available here.
The Township’s land use committee met in June to discuss the draft chapters of the plan. They expect to have a document in early Fall. The Board packet contained a listing of the total time and expenditure of staff involved in this work with Claridon: Value of staff time - $11,014 with a total of 253.2 hours spent.
Thompon’s land use committee met on May 22 when they discussed the questions for the new community survey. Since development density is partially driven by the type of sewage disposal, Dan Lark, Sanitary Engineer from Geauga Public Health, was invited to discuss septic systems. He stated at that meeting that the depth to bedrock and seasonal high-water table are two important physical features of the land that the Health Department refers to when reviewing proposed septic systems.
The committee also met on June 25 and performed a commercial area analysis, which involved reviewing the parcels on and near Thompson Square to identify the land use designation, zoning classification, types of businesses, year built, years in business, and more. This is to fully understand what the Square does and does not have and to formulate potential questions for their land use survey. Staff have spent a total of 36 hours of work assisting Thompson Township with their proposed Land Use Plan
The GIS/Planning Intern Mr. Ricketts was at the meeting and was introduced to the Planning Commission Board. Ms. Crombie stated that he has been working on the draft Inventory of Housing Units. This inventory was identified as a Planning Commission initiative in the Housing chapter of the General Plan. For this project, he emailed numerous communities requesting their input regarding the number of dwellings. Some responded right away, while others have required follow up. At the beginning of the study, they had the least amount of information about Burton Village. Ms. Crombie said that the county has 37,419 housing units, with most being in the villages and Chardon. She said that Townships do not have any zoning for multifamily dwellings. She said there are some, but they are grandfathered.
Mr. Claypool asked why the study was being conducted, and Ms. Crombie said it was an initiative that was listed as part of the General Plan.
Mr. Dvorak asked about Airbnb locations. Ms. Crombie said these were not available on county databases. It was suggested that they could find them by searching Geauga County for Airbnbs.
Ms. Combie said that Mr. Ricketts has a background in geology, so he is also assisting with a new report to research all surface mines in the County. She said this is a secondary project and will include maps, acreage, date established, type of material mined, zoning information, and more. There was an example shown at the meeting of mining in Thompson Township. The information Mr. Ricketts has compiled is from ODNR (Ohio Department of Natural Resources) permits. Mr. McCaskey said this was very interesting information.
The workshop was held on Friday, June 28 in Willoughby Hills. The Director attended with Ms. Kobus. She said sessions included economic development/marketing, new community authorities, using comprehensive plans, zoning administration, and housing authorities. The Director offered to present some of the information at the next Board meeting.
The Ohio Chapter of the American Planning Association is holding a meeting on Wednesday, July 31 in Downtown Cleveland at 4:30pm to bring “…together Ohio state
legislators, planners and allies to share stories about the impact of planning.” Ms. Crombie said that she would be attending and the meeting is open to elected and appointed officials as well. The link to register was included in the Board packet. She also mentioned that this meeting conflicts with an evening meeting already scheduled with the Claridon Township Land Use Committee and that she would need to coordinate with them. Mr. Claypool stated that the Senate Select Committee members did not appear to be deterred in their goals. Observer Note: See discussion further below in this report for more information about this subject.
There was one substantial project in Middlefield. A permit was also issued for interior alterations for Jersey Mikes in Middlefield Village.
The Ohio Attorney General released an opinion on 5/14/24 regarding composting facilities. Ms. Crombie said the opinion clarifies that Townships can only regulate non-agricultural composting. She said there was an article in the Ohio Township Association newsletter. Mr. Claypool asked who regulated the agricultural composting, and Ms. Crombie said it would be the EPA (Environmental Protection Agency). Observer Note: A summary of the opinion is available here.
Commercial Construction: 11 were noted, with the majority being accessory buildings.
There were 55 total new housing starts, mostly on the east side, with higher numbers in Chardon, Middlefield and Bainbridge.
There was some discussion about this, as new legislation will create a change in procedure requiring buyers to compensate their broker instead of all broker fees coming from the seller. Some members thought it might prove difficult for buyers to have to pay these fees.
Mr. Claypool felt this was a security issue, as these documents typically contain information and signatures and could lead to identity theft.
The following italicized section is taken from the Director’s Report:
IMPORTANT! On June 25, 2024, the Senate Select Committee on Housing held a hearing regarding Am H.B. 466 and S.B. 245. Ms. Crombie said that at this same hearing, a presentation by the Logan, Union, Champaign County Regional Planning Commission Director, Brad Bodenmiller, was heard. The link to the video is provided here: https://www.ohiochannel.org/video/ohio-senate-select-committee-on-housing-6-25-2024 but please see my summary below for your convenience:
Director Bodenmiller summarized the various planning and zoning processes, including the zoning text/map amendment process, coordinated reviews of subdivisions, and the importance of land use plans to guide and support land use decisions. Chair Reynolds asked what role the State of Ohio should play as while projects are local issues, they can have impact on the state. Mr. Bodenmiller suggested the state could provide funding to accomplish land use plan and zoning resolution updates and provide a model zoning text* that could be tweaked at the local level.
When asked what the State should not do, Mr. Bodenmiller said to abolish township zoning as that would miss out on the democratic process. Chair Reynolds took the opportunity to clarify that the committee did introduce a placeholder bill regarding zoning but there is no legislation in it. She explained she received many calls from townships concerned about what it may mean. She said the committee wants to work together and understands the importance of government being from
the bottom up. Rep. Craig also said they want to be good partners and that the committee must be careful not to impose something deleterious to townships.
*Model zoning regulations were previously prepared by the State of Ohio Department of Development, which many townships and municipalities used.
Ms. Crombie brought a copy of the Ohio Dept. of Development Model Zoning document, but she said it has not been updated in a long time. She also mentioned that the Chair of this Subcommittee, Senator Michele Reynolds, said that in any case they would not introduce any legislation to eliminate zoning referendums.
Observer Note: At the May 2024 Planning Commission meeting, State Senator Sandra O’Brien attended the meeting and discussed the work of the Senate Select Committee on Housing with the Board. The minutes from that meeting will be available here when posted. The concern that has been expressed is that this Committee will introduce legislation to eliminate township zoning. The Geauga County Commissioners and many townships in Geauga have already expressed their views that eliminating township zoning would be a problem.
The State of Ohio has been conducting “Electric Vehicle Infrastructure Outreach” meetings throughout the state. NOACA hosted the recent meeting held at Tri-C Community College on June 12. Learn more here: https://drive.ohio.gov/about-driveohio (look under “Events”). The webpage also has information related to the “FlyOhio” program.
Ms. Crombie said that Ms. Irizarry recommended the staff meet every two weeks to briefly review projects that they are working on so all staff stays informed. Ms. Irizarry said she works part-time and so she isn’t always aware of all projects. She said this way she can better inform the public when she receives calls. Ms. Crombie thanked Ms. Irizarry for making the suggestion.
Ms. Crombie said that the OTA is seeking input on Legislative Priorities for the upcoming 136th General Assembly for 2025-2026.
Ms. Crombie described the recent budget review process with the Commissioners. She said that she and several other department directors were not required to attend the budget hearings this year due to the budget being relatively consistent each year. She was advised afterward by County Finance Manager Adrian Gorton that any amount of increase from the previous year’s request for the Membership Dues, Licenses/Subscriptions account was not approved. Mr. Gorton did say that if an increase is needed, it can be requested later. Mr. Gorton also advised that the Equipment account was discussed and that the request for computers was questioned. Ms. Crombie advised that computer replacement was already approved for the 2024 budget and the Planning Commission’s equipment request for 2025 was for a cabinet to create workspace next to the copier to assist with office functions. Mr. Gorton suggested that they check with Maintenance to determine if there is any unused furniture elsewhere that could be used, but there was nothing suitable. She said that next year she will attend the budget hearings to make sure that if there are any areas of concern or questions, she would be available immediately to answer questions.
The Ohio Township Association provided a link to a list of projects the General Assembly funded through the Capital Budget. Several Geauga County projects were included:
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Hambden Fire Station - $2 Million
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Montville Fire Station - $1,250,000
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Chardon Fire Station - $1 Million
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Burton Berkshire School District Career Pathways Program - $915,037
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Geauga County Fair - $500,000
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Russell Township Community Building - $370,905
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Chester Township Police - $348,875
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Chardon Memorial Stadium - $250,000
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Geauga County Safety Center Parking - $250,000
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Salt Dome - $155,000
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St. Mary School Playground - $4,000
| Work Summary |
April |
May |
June |
| Re-plat |
0 |
0 |
0 |
| Major Subdivision |
0 |
0 |
0 |
| Minor Subdivisions (5 acres and less) |
1 |
3 |
1 |
| Large Lot Subdivisions (Between 5-20 acres) |
2 |
4 |
1 |
| Exempt Lots (Transfer to Adjacent Owner) |
17 |
4 |
2 |
| Exempt Lots (Over 20 acres) |
0 |
1 |
0 |
| Lot consolidations |
10 |
5 |
3 |
| Easements |
6 |
2 |
1 |
| Informal zoning amendment |
1 |
2 |
0 |
| Formal zoning amendment |
0 |
0 |
0 |
| Total |
37 |
21 |
8 |
The Comprehensive Plan was referred to six times during June.
Other Business: None
Major Subdivisions to be Reviewed: None
Township Zoning Amendments to be Reviewed:
Auburn Township Text Amendment ZA-2024-01, Initiated June 27, 2024 by Zoning Commission
Mr. Bergansky noted that he doesn’t usually speak about Auburn Zoning matters, and he abstained from voting on this Amendment. He did answer questions about the Amendment. Observer Note: Mr. Bergansky is a member of the Auburn Zoning Commission.
Ms. Crombie stated that this amendment is mostly about family cemeteries. The first part, however, makes it clear that the Township is not regulating economically significant Wind Farms. Ms. Crombie said that the Public Utilities Commission is the only entity that can regulate large Wind Farms. See Section 4906.13 for more information.
It was noted later in the discussion that ORC permits townships to regulate small wind farms through zoning.
In regards to family cemeteries, Ms. Crombie said that there had been a 2007 Ohio Attorney General’s opinion that stated that Townships cannot prohibit family cemeteries. She also said the local Board of Health cannot prohibit family cemeteries. The Auburn Amendment does not prohibit family cemeteries, but it does suggest steps that should be taken, such as filing an Affidavit regarding the location of the family cemetery or burial plot and setback requirements.
There were several areas of discussion regarding the cemetery issue. One was about a stated setback requirement from a well, which the Amendment lists as 200’. Ms. Crombie said she couldn’t find any Health regulations to that effect and that she doubted that they existed. She said that the default distance of anything from a well (if not listed specifically) is 50’. She offered to look into this further.
Another question raised was in regard to the many citations in the Amendment to Ohio Revised Code. She said that in some cases the code sections were paraphrased, which she felt was not a good approach. She said it would be preferable to quote exactly or just use the citation.
Her principal recommendation was that the section on family cemeteries should not be included at all in the Amendment since Townships cannot regulate family cemeteries. She said that no other township has included this in their zoning. Her recommendation was to pass a Township ordinance that could suggest that an Affidavit be filed with the location of the family cemetery or burial plot rather than do this with a zoning amendment.
Mr. Bergansky commented that Auburn Township had been approached twice about this issue and thought that it would be best to put something in writing, even if it is more of a suggestion than a requirement.
Mr. Claypool brought up the wind farm situation again and asked if Senate Bill 52 passed four years ago would give County Commissioners authority to limit even large wind farms. Observer Note: See a discussion of this legislation by Ohio State University here. Ms. Crombie said she would look into this and report back.
The Planning Commission agreed by unanimous vote (with Mr Bergansky abstaining) that they recommended that Auburn leave the Family Cemeteries out of their zoning amendment.
Correspondence - none
Old Business - Senate Select Committee Letter
Ms. Crombie reviewed a draft of a letter that would be available for individual residents to send to their elected state representatives and to the Chair of the Senate Select Committee, Senator Michele Reynolds, District 3. There were a few suggestions, including adding an email address for Senator Reynolds in case residents wish to communicate in that way.
There was some discussion about why the Committee appears to want to change the law to eliminate local zoning.
Mr. Neola said that, “Affordable housing is code for subsidized housing.” He expressed his belief that “they are pushing for more subsidized housing.”
Mr. Claypool said that “They have an agenda. . . there are large companies that want to build subsidized housing.” He suggested that there should be a letter from a group of Planning Departments objecting to eliminating local zoning. Ms. Crombie said she would contact the Lake County Planning Department to see if there might be interest in doing this.
There was also a mention of Licking County and the Intel Plant which was causing the concern about housing for anticipated workers at the Intel Plant.
Mr. Neola said that in his opinion, “The private sector can solve the problem of housing.”
Ms. Crombie said she would make the suggestions given to her by the Board and would then post this letter on their website. Observer Note: This letter is now posted here. It was also suggested by Planning Commision members that there should be a press release or some other way of notifying the press of the availability of the letter as a template for private individuals concerned about the issue.
New Business
Geauga County Reinvestment Housing Council
Ms. Hofstetter explained that this Housing Council has been defunct, but it is a requirement that a Council meet annually. The Council will meet concerning tax abatement requests. The Planning Commission is required to appoint two members of the Council. As an example, Ms. Hofstetter said that a tax abatement was approved in Parkman Township in the industrial Parkway. Troy Township also has a tax abatement. Ms. Hofstetter said that in the past, the staff has served on the Council. Commissioner Dvorak thought staff would do a good job. Others suggested that Planning Commission members serve. Mr. Dvorak then nominated Mr. Gorris and Mr. Johnson. This was approved unanimously.
Executive Session: Regarding compensation of employees and evaluations of employees at 9:09 am.
Following Executive Session: This Observer was not present but was able to confirm with the Director that raises were granted to all three employees.
Next meeting: August 13, 2024 at 7:30 am.
More Information about the Geauga Planning Commission is available online.
Observer: Gail Roussey
Editor: Anne Ondrey
Reviewer: Sarah McGlone
Submitted: 7/12/2024
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