August 27, 2020 - Planning Commission Minutes

MINUTES
PLANNING COMMISSION MEETING
AUGUST 27, 2020 – 7:00 PM
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The introductory language on the agenda for the reconvening of the meeting of the Brewster Village Planning Commission of Thursday August 20, 2020 on August 27, 2020 at 7:00 pm in Council Chambers at Brewster Village Hall at 302 South Wabash Avenue, Brewster, Ohio stated:

 

A meeting of the Brewster Village Planning Commission was held Thursday August 20, 2020 at 7:00 pm in Council Chambers at Brewster Village Hall at 302 South Wabash Avenue, Brewster, Ohio. At that meeting, the Planning Commission accepted an application from Fairless Local School District for a conditional use permit to build a new 9-12 High School on parcel number 10010430 facing 7th Street SE. At that time, the application is considered officially filed.

At that meeting a hearing was commenced regarding the application for a conditional use permit from Fairless Local School District. After information was provided by the Zoning Officer, and a presentation was made by Fairless Local Schools and their representatives, the Planning Commission members had an opportunity to ask questions, and those who had joined the “Zoom” meeting also had an opportunity.

The Planning Commission held Thursday August 20, 2020 was then recessed until 7:00 pm Thursday August 27th, to allow addition time for the public to submit questions or statements in writing. When the Planning Commission reconvenes on Thursday August 27, 2020 it will continue the public hearing. The public will be given an opportunity to submit comments or questions in writing, provide testimony or ask questions, pursuant to the same process (“Zoom” Meeting) as the August 20th Meeting.

The August 27th meeting of the Planning Commission will again held via “Zoom”, as due to restrictions in place as a result of the COVID 19 pandemic and current orders in place by the State of Ohio the Village cannot allow more than a maximum of 10 persons in Village Hall. Persons interested in observing the proceedings can contact the Village Administrator at 330-767-3931 to be provided the required information to log into the meeting. Information to log into the Planning Commission Meeting will also be posted on the Village Sign.

Planning Commission Members will be viewing the Zoom presentation at Village Hall. Based on measurements, only seven (7) persons can be in Council Chambers and properly social distance (6 feet with masks). Therefor the public will need to observe/participate by signing in to join the Zoom Meeting

Join Zoom Meeting      https://zoom.us/j/98235820502   Meeting ID: 982 3582 0502

As a reminder of the process, the Village Administrator provided the following information with the agenda information about the process:

 

Ultimately the Planning Commission must make findings of fact and conclusions based upon properly admitted evidence, so anything that the public wishes the Planning Commission members to consider should come in during its meeting and/or public hearings.

Planning Commission members are under no obligation and if fact have been discouraged from discussing the application outside the official meetings and/or public hearings.

 

Application materials are available for inspection at Brewster Village Hall at 302 South Wabash Avenue, Brewster, Ohio. Comments and/or questions may also be submitted in writing at that address prior to August 20th or prior to the reconvening of the recessed meeting.

Every effort is being made to allow full public input while observing the restrictions in place on public meetings established by the State of Ohio.

Item 1:            Reconvene Meeting of August 20th and do a Roll Call @ 7:00 pm (Due to computer issues the meeting started at 7:17 pm

Mayor Charles Hawk; Councilperson Sydney Radich; Don Glick; Jerry Layne; Joe Musacchia

Item 2:            Reopen discussions on the application for a conditional use permit from Fairless Local School District to build a new 9-12 High School on parcel number 10010430 facing 7th Street SE.

Item 3:            Village Zoning Officer present additional relevant information.

VA Miller read the following six questions respectively posed by residents Louis and Bonnie Carroll:

  1. Buffer zone-there should be some kind of earthen wall, or very attractive brick wall.
  2.  Exit and entrances:  We feel the flow of traffic on a residential road will be a nightmare.  (VA Miller stated there were 1,674 vehicles traveling through; he stated it is not a residential road and can handle the traffic.)
  3.  Schools on State Rt. 62: That the high school would be better planned on or by grade schools.  (Supt. Bidlock stated this was the only place a new school would fit.)
  4.  Lighting of the new high school should in no way be oppressive to the property owners.
  5.  Question to the Board?  Is the total cost already in the board’s possession?  (Supt. Bidlock stated the district has all the financing processes for the entire project.)
  6.  In our travels around Ohio, we have noted buffer zones at schools when next to houses.

Item 4:            Allowed Fairless Local Schools and their representatives to present information regarding their application for a conditional use permit to build a new 9-12 High School on parcel number 10010430 facing 7th Street SE.  There was no additional information presented other than the answers to questions above.

Item 5:            Allowed for Planning Commission members have opportunity to ask questions.  There were no additional questions since the last meeting.

Item 6:            Allowed residents an opportunity to ask questions and/or provide statements.  The Carroll’s appeared to be on the call they did not respond.

Item 7:            The agenda pointed out that at conclusion of the public hearing:

  • Village regulations require that within 20 days after the application is officially filed the Village Planning Commission shall review and consider the application, make its findings public, and approve, disapprove, or modify the application after a public hearing.
  • Ultimately the Planning Commission must make findings of fact and conclusions based upon properly admitted evidence. A determination should include findings that the conditional zoning certificate meets the general requirements. The determination can also include special requirements added by the Planning Commission.

 

 

 

VA Miller reviewed the General Conditions (required by ordinance):

 

  • designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area;
  • Will not be hazardous or disturbing to existing or future neighboring uses;
  • Will not be detrimental to property in the immediate vicinity or to the community as a whole;
  • Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such service;
  • Will be in compliance with state, county and village regulations;
  • Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets or roads.
  • Landscape & buffering plan to the satisfaction of the Planning Commission

Jerry Layne made the following motion that was seconded by Joe Musacchia:

 

I move to approve the application from Fairless Local School District for a conditional use permit to build a new 9-12 High School on parcel number 10010430 facing 7th Street SE, based on the following findings and on the condition the construction comply with the following special conditions:

Findings and Conclusions:

  1. That the Planning Commission finds that the proposed new 9-12 High School is designed, so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area;

 

  1. That the Planning Commission finds that the proposed new 9-12 High School will not be hazardous or disturbing to existing or future neighboring uses;

 

  1. That the Planning Commission finds that the proposed new 9-12 High School will not be detrimental to property in the immediate vicinity or to the community as a whole;

 

  1. That the Planning Commission finds that the proposed new 9-12 High School will be served adequately by essential public facilities and services such as:
  • Highways and/or streets (Completed Traffic Study from W. E. Quicksall),
  • Police protection
  • Fire protection (E-mail from Chief)
  • Drainage structures (Comply with requirements set forth by Stark County Subdivision Department and Stark County Soil and Water, as well as the Village of Brewster)
  • Refuse disposal (Fairless Schools will be responsible for provision and adequacy any said service)

 

  1. That the Planning Commission finds that the plans for the proposed new 9-12 High School will be in compliance with state, county and village regulations.

 

  1. That the Planning Commission finds that the plans for the proposed new 9-12 High School will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets or roads.
  2. That the Planning Commission finds that the plans for the proposed new 9-12 High School has provided adequate landscaping and buffering plans, to the satisfaction of the Planning Commission, taking into account the proximity of overhead electric transmission lines serving the Village, and taking into account that in the opinion of the Planning Commission the new 9-12 High School is aesthetically pleasing and should be seen rather than hidden, and the fact that it is less noisy than the baseball field it replaces.

 

  1. That the Planning Commission is concurrently issuing a conditional zoning certificate for the parking lots as set forth in the plans provided, as the parking lots are:
  • The parking lots are accessory to and for the use in connection with the conditionally permitted use of the new 9-12 High School.
  • Said parking lots are on the property for which a conditionally use permit is being granted.
  • Said parking lots are to be used solely for the parking of passenger vehicles. No commercial repair work or service of any kind shall be conducted on such parking lots.
  • No signs of any kind, other than those designating entrances, exits and conditions of use, will be permitted on such parking lots.
  • That the Planning Commission finds the planned entrances and exits are warranted based on the layout and use, and in accordance with the findings of the Traffic Study so distances from any adjacent property located in any residential district adjacent to said entrances and exits are hereby waived.
  • That due to the use and need for clear vision for vehicles entering and exiting the premises, as well as the safety of the pedestrian traffic, the requirement that parking lots be efficiently screened on each side by a fence of acceptable design, or a wall, or a compact hedge is hereby waived, as the distance to the sides of the entrances and exits has an extended distance (approximately 1300 feet to Route 62 to the east and 360 feet to the west) from adjacent residences on the south side of 7thStreet.

 

 

Specific Conditions added by the Planning Commission:

 

  1. That the Planning Commission, as a special condition, requires that the proposed be constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area;
  2. That the Planning Commission, as a special condition, requires that the proposed new 9-12 High School be operated and maintained in a manner that it will not be hazardous or disturbing to existing or future neighboring uses;

 

  1. That the Planning Commission, as a special condition, requires that the proposed new 9-12 High School be operated and maintained in a manner that it will not be detrimental to property in the immediate vicinity or to the community as a whole;

 

  1. That the Planning Commission, as a special condition, requires that any storm water requirements established by Stark County Subdivision Department and Stark County Soil and Water, as well as the Village of Brewster be complied with;

 

  1. That the Planning Commission, as a special condition, requires that additional landscaping and buffering be added, taking into account the proximity of overhead electric transmission lines serving the Village and that the object is not to obscure the view entirely of the new 9-12 High School.

 

  1. That the Planning Commission, as a special condition, requires that Fairless Schools incorporate into the construction extension of the Safe Routes to Schools Shared Use Path from the crossing on 7th Street east past the eastern most drive, including ADA Ramps at said drive.

 

  1. That the Planning Commission, as a special condition, requires that Fairless Schools incorporate into the construction extension of the Safe Routes to Schools Shared Use Path from the crossing on 7th Street across the parking lot to the new 9-12 High School


The vote on the motion: All yes.

 

Jerry Layne moved, seconded by Joe Musacchia and motion carried to schedule a Planning Commission meeting to review an application for a conditional use permit from Fairless Local School District to build a new press box and dugouts associated with a baseball field (boy’s baseball) on parcel number 7080164 at the rear of 12000 Navarre Road SE. on Thursday, September 10th at 7:00 pm. 

The vote: All yes.

 

Jerry Layne moved, seconded by Don Glick and motion carried to adjourn the meeting at 7:30 pm.  The vote: All yes.

 

Respectfully submitted,

Kris King, Clerk-Treasurer and Secretary of the Planning Commission Pro Tem