PROVIDENCE TOWNSHIP – After the Lucas County Planning Commission (LCPC) and staff refrained from making a recommendation on Waterville Township’s proposed zoning text amendments for data centers – including the addition of an M-3 zoning classification – Providence Township is looking at a variety of options, Solicitor David Chamberlain told trustees during their July 1 meeting.
Chamberlain said the plan won’t follow the 67-page proposal that Waterville Township submitted to the LCPC, which serves as a recommending body.Â
Lucas County Prosecuting Attorney John Borell and Senior Planner Molly Maguire were among those who recommended that LCPC delay any recommendation on Waterville Township’s proposal, due to several concerns. Both consulted with Chamberlain last week about options for Providence Township.
Borell suggests using a conditional use permit (CUP), which is what is currently in place for both Monclova and Waterville townships.
“Generally, Ohio law does not permit including conditions on requests for zoning changes. A zoning change allows the property owner to use the property for any permitted use in that zoning classification,” Borell explained. “An applicant for a zoning change does not have to propose a specific project as part of the application process. Furthermore, when you look at what is being done in other areas, the conditional use permit is what is being used.
“Based on the above, it was my recommendation that the trustees retain the authority to rezoning property to M-3 and that the campus-type developments be a conditional use within the M-3 classification. The conditional use allows the BZA (Board of Zoning Appeals) to impose any reasonable requirement as a condition of approval.”
Maguire said she agrees with creating an M-3 industrial zoning classification for anything that requires extensive utilities and new infrastructure. The text amendment could include design criteria for M-3 uses that include setbacks, buffers, landscaping, noise limitations and more.
With a zone change, mailed public notices and meetings would be required, along with posted notices on the site. If the zoning is approved, a site plan for new construction would be submitted to the township and sent to the county plan commission – which would have those drawings reviewed by county agencies for comments.
With a Conditional Use Permit, the review is specific for the use and a site plan may or may not be required for the BZA to review. She also pointed out that smaller townships with part-time zoning inspectors and no staff to assist make it a challenge to enforce the conditions in these permits.
Any text amendment – whether to add M-3 zoning or required a CUP – would only apply to the zoned areas of the township. Large portions of Providence Township are un-zoned.
“We have no authority, as far as zoning issues, in the un-zoned area,” Chamberlain confirmed. “There is no zoning to change, so M-3 or any other category does not apply. If a data center decides to go in the un-zoned area – or a junk yard or a truck stop – we have no say in that.”
Maguire confirmed that the un-zoned portion of the township falls under the county health department and county engineer for well, septic and access.
“The un-zoned portion does not have any control or oversight on new uses,” Maguire said.
Chamberlain said that getting the un-zoned area zone is, and always has been, something that trustees have wanted the citizens in those areas to push for, but that he believes that will be “a hard hill to climb.”
Trustees discussed options for what kind of fee to charge an applicant seeking to place a large, campus-style data center or industrial facility in the township. That fee needs to be reasonable and apply to everyone equally – not single out data centers, they agreed.
“If they want to come, then it’s going to come. All we can do is the best we can to protect the township. I wouldn’t go looking for a fight with them,” Chamberlain said of large developers.
Chamberlain said he would continue to work with Maguire to come up with a proposal to bring back to the trustees.
During the meeting, the board also:
-Heard Road Superintendent Kevin Keifer say that he would need to cut back corn that was planted in the right of way at S.R. 295 and Perry Road, as he’s done every year, in order to maintain a proper line of sight.
-Approved a contract with the Ohio Plan for insurance.
-Learned that work on repaving Patton Road will begin after July 13. Trustees agreed to speak with the Lucas County Engineer and Gerken Paving about how to level out a bump in the road where it crosses Yawberg.
-Heard that construction of a roundabout at Providence-Neapolis-Swanton and Archbold-Whitehouse roads will begin later than expected because delays to relocating utilities for roundabouts in Monclova Township have pushed Providence Township’s roundabout utility prep a month behind.
-Heard Keifer say that a sinkhole in front of Whalen’s was fixed. In the process, he discovered a 12-inch tile that is broken. The land owner and township are looking at splitting the cost of the tile work.
-Heard that Keifer got a call from the state fire marshal about the township’s gas pumps being installed without a permit. The county is now involved, and Keifer is waiting to hear back. He had sought bids for having the work redone but has not heard back from the selected bidder.
-Listened to Fire Chief Rick Triggs say that the department is sponsoring two cadets, one who is 17 and the other 19, who would like to ride in a utility vehicle to observe on scenes other than injury accidents. Trustees advised him to work with the insurance agent to see what kind of waivers or restrictions should be put in place.
-Learned that Kendall Communications is looking for property to install a new cell tower within a one-mile radius of Neapolis.
