IN THE MATTER OF AMENDMENT TO MORROW COUNTY SUBDIVISION by nit66238

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									IN THE MATTER OF
AMENDMENT TO MORROW COUNTY SUBDIVISION REGULATIONS: 07-R-166

         Whereas, on January 24, 2007, Morrow County Regional Planning held a public hearing
on proposed changes to the Morrow County Subdivision Regulations. The proposed changes are
do to the passage of Senate Bill 115, which expanded the authority of all of the state’s Regional
Planning Commissions to enact regulations for divisions of land of up to 20 acres in size. The
subdivision regulations in Morrow County have not been updated since 2001, and with the
adoption in June 2005 of the Comprehensive Land Use Plan by the County, reflecting the public’s
desire for future changes to the community, the Morrow County Regional Planning Commission
has submitted a draft of subdivision regulation amendments, dated January 24, 2007, to the Board
of Morrow County Commissioners for approval; and

        Whereas, on March 12, 2007, the Board of Morrow County Commissioners held a public
hearing to hear discussion, regarding the proposed changes, to the Morrow County Subdivision
Regulations, as submitted by the Morrow County Regional Planning Commission, with the
following individuals present:

        Robert Thomas                                     Mike McLain
        Robert Davis                                      Patti Jackson
        Bill Kreeger                                      Mauria Rader
        Nancy Pettigrew                                   Commissioner Jackson
        Bob McElroy                                       Commissioner Clinger
        Darlene McElroy                                   Commissioner Miller
        Kevin Carney                                      Charisse Gruber, Clerk

         Whereas, the Board of Morrow County Commissioners, early in 2003 appointed a
steering committee with members of diverse backgrounds representing different geographic parts
of the county. The committees’ role was to ensure that the plan reflected comments and feedback
from residents about the county’s future. The purpose of developing the comprehensive land use
plan for Morrow County was to guide the county’s future growth and development. The plan
encouraged citizens, organizations and elected officials to lobby for changes in state legislation
that would help local government manage land use. One specific area targeted was Section 711 of
the Ohio Revised Code which provides five-acre exemptions from subdivision rules and
regulations. Senate Bill 115 became effective on April 15, 2005, and Commissioners were given
two years from the effective date to make the changes authorized by Sub S.B. 115.

        Therefore, Mr. Clinger made a motion to approved the draft, dated January 24, 2007,
submitted to the Board of Commissioners by the Morrow County Regional Planning
Commission, with the following changes to the text:

Article II: Administration, Language and Definitions
         Large Lot Development Rules: The authority to review the subdivision of lots from
         5.01 - 10 acres in size pursuant to ORC § 711.133 ( page 9)

         Original Tract: A parcel of land as it appeared on the owner’s deed of record on the
effective date of these regulations. The classification of this parcel of land shall be redefined
every ten (10) years from the effective date of the first lot split. Thereafter on the recording of
a deed for each new lot split. ( page 12)

Article III: Subdivision Application, Procedures and Approval Process
          Section 301- Lot Split/Minor Subdivision Procedure
          301.1 Outline of Conditions for Lot Split/Minor Subdivision:
          a) The division of a parcel of land along an existing street, not involving the opening,
widening or extension of any street or road, and involving no more than five (5) lots, any one of
which is less than five (5) acres, after the original tract has been completely subdivided in
accordance with ORC 711.001 and further defined in Section 212 of these Regulations. For the
purpose of these Regulations, the “original tract” shall be defined, pursuant to Section 212, as the
tract of land as it appeared on the owner’s deed of record on the effective date of these
Regulations. The quantity of lots must include the remnant, if any, of the original parcel (ORC §
711.131). (page 18)

        Section 306-No Plat Approval Procedure for Large Lot Divisions
        306.1 General
        a) Each lot or parcel created shall have, at a minimum, 200 feet of continuous road
frontage (page 33)

        Mr. Miller duly seconded the motion

Roll Call Vote:   .., Mr. Miller .., “yea”   .., Mr. Clinger.., “yea”   .., Mr. Jackson .., “yea”

IN THE MATTER OF
AMENDMENT TO RESOLUTION 07-R-166, CHANGING LOT SIZE IN
ARTICLE II: ADMINISTRATION, LANGUAGE AND DEFINITIONS,
SECTION 212, LARGE LOT DEVELOPMENT RULES: 07-R-186

       Whereas, on March 14, 2007, Resolution 07-R-186, the Board of Morrow County
Commissioners approved
an amendment to the Morrow County Subdivision Regulations; and


       Whereas, it was discovered that in the draft, submitted by Morrow County Regional
Planning, page 9, Large Lot Development Rules, read: The authority to review the
subdivision of lots from 5.01-20 acres in size pursuant to ORC § 711.133; and

        Whereas, Resolution 07-R-186, the Board of Commissioners approved, the authority to
review the subdivision of lots from 5.01-10 acres; and

        Whereas, the text in the subdivision regulations, Section 306, stated, any lot ranging in
size from not less than five (5) acres;

        Therefore, Mr. Miller made a motion to correct the language in Article II:
Administration, Language and Definitions, to read, five (5) acres( instead of 5.01 acres) , to not
more than ten (10) acres (up to and including 5.00 to 10.00 acres) in size pursuant to ORC §
711.33, and Section 306 to read, lot ranging in size from not less than five (5) acres to not more
than ten (10) acres (up to any including 5.00 to 10.00 acres).

        Mr. Clinger duly seconded the motion

Roll Call Vote:   .., Mr. Miller .., “yea”   .., Mr. Clinger.., “yea”   .., Mr. Jackson .., “yea”

								
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