On the agenda: Trenton meeting — data center (Apr 13)

PLANNING COMMISSION
City of Trenton, Ohio
11 E. State Street, 45067
www.trentonoh.gov
Mr. Austin Proffitt
Chair / Council Rep
Date: April 13, 2026

Mr. Josh Leisure
Vice-Chair

Mr. Bob Melloh
Member
Time: 7:00 PM

Ms. Jennifer Harris
Mr. Kasey Bishop
Member
Member
Location: 11 East State Street, 45067

Meeting Agenda
I.)

Call Meeting to Order

II.)

Pledge of Allegiance

III.)

Roll Call

IV.)

Approval of Minutes: Meeting of March 30, 2026

V.)

New Business:
Agenda Item 1
Planning Commission Policies and Procedures

VI.)

Reports by Planning Commission or City Administrators

VII.)

Date of Next Meeting: May 11, 2026

VIII.)

Adjournment

The Planning Commission meets on the second Monday monthly, as needed.
All meetings begin promptly at 7:00 PM at City Hall located at 11 E. State Street, Trenton, OH 45067
2026 Meeting Dates
*Special Meeting

January 12th
February 9th
March 9th
*March 16th
*March 30th
April 13th
May 11th

June 8th
July 13th
August 10th
September 14th
October 13th
November 9th
December 14th

Planning Commission
City of Trenton
11 East State Street • Trenton, Ohio 45067
Phone: (513) 428-0156 • www.trentonoh.gov

Meeting Minutes
March 30th, 2026
Call Meeting to Order:
The Planning Commission meeting was called to order at 6:00 p.m.
Pledge of Allegiance:
It was recited by those in attendance that chose to do so.
Roll Call:
Members present: Mr. Proffitt, Mr. Leisure, Mr. Melloh, Ms. Harris
Members absent: Mr. Bishop
A motion to excuse Mr. Bishop from the meeting was made by Ms. Harris and seconded by Mr. Melloh.
Vote: Yes – Leisure, Melloh, Harris, Proffitt | No – None | Passes 4-0
Approval of Minutes: Meeting of March 16, 2026:
Staff noted minor amendments needed to the March 16, 2026, minutes.
A motion to amend the minutes to correct the name “Mayo” to “Leisure” under Roll Call and Approval of
Minutes was made by Ms. Harris and seconded by Mr. Melloh.
Vote: Yes – Leisure, Melloh, Harris, Proffitt | Passes 4-0
A motion to amend the minutes to correct the word “Titan” to “Trenton” under Agenda Item 2 was made by Ms.
Harris and seconded by Mr. Melloh.
Vote: Yes – Leisure, Melloh, Harris, Proffitt | Passes 4-0
A motion to approve the amended minutes of March 16, 2026, was made by Ms. Harris and seconded by Mr.
Leisure.
Vote: Yes – Leisure, Melloh, Harris, Proffitt | Passes 4-0
New Business:
Agenda Item 1: Prologis Site Plan Review
• Staff presented the proposed site plan for a data center development located at 3000 Arnold Brown
Industrial Drive.
• Staff explained that the Planning Commission’s review is limited to compliance with zoning and site plan
requirements, including layout, access, circulation, parking, landscaping, lighting, and signage. Technical
engineering components such as stormwater, utilities, and grading will continue to be reviewed
administratively.
• The site is zoned I-G General Industrial, where the proposed use is permitted. Staff noted that the
development exceeds minimum zoning requirements, including lot size, frontage, setbacks, and building
height.
• The proposed building height is approximately 33 feet 6 inches, which is below the maximum permitted
height.

Planning Commission
City of Trenton
11 East State Street • Trenton, Ohio 45067
Phone: (513) 428-0156 • www.trentonoh.gov

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The site layout separates truck traffic from employee and visitor parking areas to improve safety and
circulation. The circulation system is designed to accommodate WB-67 vehicles, exceeding typical
requirements.
Parking and loading exceed code requirements, with 331 parking spaces provided where 270 are required,
including ADA-compliant spaces.
The landscaping plan includes a comprehensive mix of interior parking lot landscaping, perimeter buffering,
and foundation plantings, with over 150 trees proposed.
Photometric analysis demonstrates that lighting levels remain within acceptable limits at property
boundaries, minimizing off-site impacts.
An acoustical analysis confirms that noise levels comply with City standards at all property line locations,
including nighttime thresholds.
Staff reviewed signage and noted that monument and building signage comply with code requirements.
Additional internal signage is considered exempt as it is not intended for advertising and is required for site
operations.
Staff confirmed the development meets applicable industrial performance standards, noting no ongoing
emissions, odor, or vibration impacts, and that backup generators are limited to emergency use and
regulated by appropriate agencies.
Staff concluded that the proposed development meets or exceeds applicable zoning requirements.
No questions were raised by the Commission.
A motion to approve the industrial site plan as recommended by staff was made by Ms. Harris and seconded
by Mr. Melloh.
Vote: Yes – Leisure, Melloh, Harris, Proffitt | Passes 4-0

Reports by Planning Commission or City Administrators
Staff reminded the Commission that the April 13, 2026, meeting will include a review of the Planning
Commission Policies and Procedures.
No additional reports were provided by Commission members.
Date of Next Meeting:
April 13, 2026
Adjournment:
A motion to adjourn at 6:10 p.m. was made by Ms. Harris and seconded by Mr. Melloh.
Vote: Yes – Leisure, Melloh, Harris, Proffitt | Passes 4-0

Certification Statement

The Planning Commission reviewed and
approved the above item(s) during a duly
noticed public meeting, conducted in
compliance with Ohio’s Open Meetings Act.”
Signature: ______________________________
Planning Commission Chair
Date: __________________________________

Planning Commission
City of Trenton
11 East State Street • Trenton, Ohio 45067
Phone: (513) 428-0156 • www.trentonoh.gov

Agenda Item #1
Staff Report
Subject: Biennial Review of Rules and Procedures of the Planning Commission
Meeting Date: April 13, 2026
Submitted by Randy Bridge, Planning and Zoning Administrator
Introduction
This agenda item was introduced at the March 30, 2026, Planning Commission meeting to give the
Planning Commission time to review and suggest any amendments at the meeting this evening.
With that, the purpose of this agenda item is to begin the required biennial review of the Planning
Commission Policies and Procedures and propose amendments.
Overview of Policies and Procedures
The Planning Commission may adopt administrative rules and procedures for the conduct of its
meetings and hearings provided that such rules do not conflict with the City Charter or Codified
Ordinances. These procedures address matters including:
• Commission powers and duties
• Meeting procedures and quorum requirements
• Public hearing procedures
• Agenda preparation and application deadlines

• Conflict of interest standards
• Open meetings requirements
• Commission voting procedures
• Adoption of resolution

Applicable Authority
City of Trenton Charter, Article VI, establishes the Planning Commission and authorizes the Commission
to conduct studies, review development proposals, and make recommendations to City Council
regarding planning, zoning, and development matters.
Staff Review
City staff has completed a full review of the Policies and Procedures for consistency with the City
Charter and Codified Ordinances. Staff findings will be presented for discussion during this meeting.
Next Steps
The Planning Commission shall make a motion to approve, modify, or table any amendments to the Policies
and Procedures.
Exhibits Attached
Exhibit A – Rules and Procedures of the Planning Commission

Exhibit A
CITY OF TRENTON
PLANNING COMMISSION
POLICIES AND PROCEDURES
Adopted
, 2021
Article 1. Name
The name of the commission shall be the “City of Trenton Planning Commission”
(hereinafter, the “Planning Commission” or “Commission”).
Article 2. Purpose
The purpose of these Policies and Procedures is to assist the Planning Commission in
exercising the powers and duties conferred upon it by Article VI of the Charter of the City of
Trenton, Ohio (the “City”) adopted on June 15, 1971 and any amendments thereto (the “Charter”).
Article 3. Preemption by Charter, the Ohio Revised Code, and the Code of Ordinances
To the extent that these Policies and Procedures are inconsistent or in conflict with the
Charter, the Ohio Revised Code and/or the Code of Ordinances of the City, then, in such a case,
the Charter, the Ohio Revised Code and the Code of Ordinances, in that order, shall preempt these
Policies and Procedures.
Article 4. Location
The Planning Commission offices shall be located in the City of Trenton Civic Hall, located
at 11 East State Street, Trenton, Ohio 45067.
Article 5. Powers And Duties
Section 5.01 General. The Commission shall have all the powers granted to it under the
Charter and perform all the duties imposed upon it under the Charter. In addition, the Commission
shall have all the powers granted to, and perform all the duties imposed upon, planning
commissions and platting commissioners by the laws of Ohio, including all statutes now or
hereafter enacted, and such other powers as City Council may lawfully delegate to it from time to
time.
Section 5.02 City Planning. The Commission shall conduct studies, surveys and prepare
plans, reports and maps relative to the overall planning of the growth, development,
redevelopment, rehabilitation, and renewal of the City, and may make such recommendations
relative thereto to the Council as it feels are in the best interest of the City. The Planning
Commission shall continuously review and report to the Council its recommendations concerning
the City's capital improvement programs, subdivision, platting and zoning ordinances and
regulations. The Planning Commission shall cooperate with other governmental or private

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planning agencies to secure the maximum benefit to the City of the work, studies, surveys, and
reports of such other planning agencies.
Section 5.03 Amendments to Zoning Code. The Planning Commission may, on its own
initiative, formulate and transmit recommendations to City Council for amendments to the text or
Map of the City of Trenton Zoning Code. No amendment to the Zoning Code made, proposed, or
prepared by the Planning Commission shall become effective unless and until embodied in an
ordinance passed by Council.
Article 6. Appointment and Terms of Members
The Planning Commission shall consist of 5 members, one of whom shall be a member of
Council appointed for a term of 1 year, and 4 citizen members who have resided in the City for a
period of 2 years, to be appointed by Council from among the qualified electors of the City. The 4
citizen members shall serve 4-year overlapping terms of office. Citizen members of the Planning
Commission shall hold no other public office, except that one such member may be a member of
the Board of Education. City Council shall fill all vacancies by appointment for the unexpired
term.
Article 7. Meetings
Section 7.01 Open Meetings. All Planning Commission meetings shall be open to the
public at all times, unless the subject matter is required to be kept confidential or is specifically
excepted by Federal or state law. No resolution, rule, regulation, or formal action shall be adopted
at any executive session unless the subject matter is required to be kept confidential or is
specifically excepted by Federal or state law.
Section 7.02 Regular and Special Meetings. The Planning Commission shall regularly
meet at 7:00 P.M. on the second Monday of each month, as needed, at the Trenton Civic Hall, or
at some other place or by remote communications as designated by the Commission with advance
notice, which shall include teleconference, video conference, or any other similar electronic
technology, to the extent required or permitted under applicable law. The City Zoning
Administrator or the Commission, by a majority vote of its Members, may schedule special
meetings. The recommended, but not required, order of business for meetings is:
1.
2.
3.
4.
5.
6.
7.
8.
9.

Call to Order
Pledge of Allegiance
Roll Call
Approval of Minutes of Previous Meeting
Hearings on Applications for Development Proposals and Rezoning Proposals,
followed by deliberation, followed by voting as set forth in Section 7.04 and
17.02 of these Policies and Procedures
Audience of Public for topics unrelated to those addressed at hearing
Commission and/or City Administrator Reports
Notice of Other Meetings or Events
Adjournment

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Section 7.03 Quorum. A quorum must be present for public hearings. A quorum shall
consist of a majority of Planning Commission Members, and no action may be taken in the absence
of a quorum except to adjourn the meeting, including agenda items and scheduled public hearings,
to a subsequent date.
Section 7.04 Voting. Except as otherwise set forth in these Policies and Procedures, the
affirmative vote of a majority of those Members present shall be necessary for the adoption of any
motion or any other general matter. Voting, except on procedural motions, shall be by roll call of
the ayes and nays and shall be recorded in the minutes.
Section 7.05 Chairperson. The Members shall elect a Chairperson of the Planning
Commission. The Chairperson of the Planning Commission shall have wide discretion in
conducting all hearings and meetings. The Chairperson shall have the power to interrupt arguments
at any time in the interest of expediting the orderly disposition of the business at hand. If there are
a large number of people desiring to speak, a reasonable time limit may be established by the
Chairperson. The Chairperson shall be obligated to prevent any person from unduly consuming
the Planning Commission’s time, and may call for a vote or move on the other agenda items. The
Chairperson may change the order of business whenever it is deemed advisable to do so, either
before or during the progress of the meeting. The Chairperson may call for discussion on an item
before the Planning Commission either before or after a motion is made. Voting, except on
procedural motions, shall be by roll call of the ayes and nays and shall be recorded in the minutes.
The Chairperson and/or Secretary may be removed of such title at any time, with or without cause,
by the majority vote of the Members.
Section 7.06 Minutes. The Members shall elect a Secretary of the Planning Commission.
Minutes of all meetings shall be kept and the complete files of proceedings and actions taken in
connection therewith shall be considered a public record and filed. The Secretary, or his/her
designee, shall provide each Planning Commission Member with a draft of minutes of the previous
meeting. These minutes shall be considered for approval by the Planning Commission at a regularly
scheduled public meeting and upon approval shall become part of the official record of action of
the Planning Commission. Minutes shall also be provided as correspondence to Council for general
information (uploading to the City’s website is an acceptable format).
Article 8. Resolutions
From time to time written Resolutions may be adopted by Planning Commission that set
forth some or all of the following: finding of facts, conclusions of law, unique circumstances and
decisions of the Commission regarding applications for development proposals, interpretations of
the zoning code or recommendations for amendments to the zoning code or capital improvements.
Upon final approval or denial of such a Resolution by Planning Commission, it shall be attached
to the appropriate minutes and incorporated as if fully set forth therein.
Article 9. Agenda and Applications
Section 9.01 Copy of Agenda. Typically, a copy of the agenda for every regular meeting
of the Planning Commission should be sent to each Planning Commission Member not fewer than
seven (7) days prior to the date of the meeting (email is an acceptable mode of transmission). If
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available, staff reports will be made available to applicants and the public at the same time or as
soon as possible thereafter. In addition, written comments by interested parties shall be distributed
to Planning Commission Members, staff, applicants, and other deemed interested parties as such
become available.
Section 9.02 Applications. No application for development proposals will be placed on
the agenda of a regular meeting of the Planning Commission unless the completed application has
been submitted to the office of the City Manager, or his/her designee, not less than fourteen (14)
days prior to the meeting. This deadline shall not include other matters (such as committee reports
and other subjects of discussion), which may be added to the agenda by a majority vote of Members
present at the Planning Commission meeting.
Article 10. Action of Council Necessary
Section 10.01 Amendments. Petitions for amendments to the Zoning Code or Zoning Map
shall be filed with the City Zoning Administrator. The proposed ordinance, map, City Staff
comments and any other documentation pertinent to the petition shall be promptly submitted to
the Planning Commission for review, giving the Commission a reasonable time, not less than 30
days, to review the proposal and report its recommendation to the City Council. Following
Planning Commission review, modification and action on the proposed legislation, the
Chairperson, or his/her designee, shall execute and deliver a letter to the Clerk of Council that
plainly states whether the Planning Commission recommends that Council approve or disapprove
the petition and includes a copy of the final version of the proposed legislation, along with all other
pertinent documents and drawings from the Planning Commission's file. Council shall then hold a
public hearing on the proposed legislation in accordance with Section 1250.03 of the Code.
Section 10.02 Recommendation of Planning Commission. Amendments that are consistent
and coextensive with a recommendation from the Planning Commission may be adopted upon the
affirmative vote of 4 elected members of Council. Amendments materially differing from, or
unsupported by a recommendation from the Planning Commission may be adopted only upon the
affirmative vote of two-thirds of the membership of the Council.
Article 11.

Temporary Committees

The Chairperson shall have authority to create temporary committees of one or more
Members and to appoint the Members to such committees, which may be charged with such duties
as examination, investigation and inquiry into one or more subjects of interest to the Planning
Commission. No temporary committee shall have the power to bind the Planning Commission to
the endorsement of any plan or program.
Article 12. Code of Conduct – Prohibited Acts
It is the policy of the Planning Commission to carry out its mission in accordance with the
strictest ethical guidelines and to ensure that the Planning Commission Members conduct
themselves in a manner that fosters public confidence in the integrity of the City and its processes.
The Planning Commission Members must, at all times, abide by the protections afforded to the
public as embodied in Ohio’s ethics laws, as found in Chapters 102 and 2921 of the Ohio Revised
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Code, and as interpreted by the Ohio Ethics Commission and Ohio courts. Planning Commission
Members must conduct themselves as all times in a manner that avoids favoritism, bias, and the
appearance of impropriety.
A general summary of the restraints upon the conduct of Planning Commission Members,
includes, but is not limited to, those listed below. No Planning Commission Member shall:
1. Solicit or accept anything of such value that could reasonably influence his or her
decision on a matter pending before Planning Commission from anyone doing business
with the City; or, use his or her position to secure special privileges or exemptions for
himself, herself, or others;
2. Act in a manner, which would result in neglect of duty, misfeasance, or malfeasance in
office;
3. Act in a manner that intentionally disrupts Planning Commission meetings;
4. Accept employment or engage in business or professional activities that he or she might
reasonably expect would require or induce said Planning Commission Member to
disclose confidential information acquired by reason of being a Planning Commission
Member; and
5. Use, or authorize the use of, his or her title, the name “City of Trenton,” or the City
logo in a manner that suggests impropriety, favoritism, or bias by the City or the
Planning Commission Member.
Article 13. Conflict of Interest
Any Planning Commission Member having a direct or indirect interest in, or who would
directly or indirectly benefit from any matter, shall disclose this interest and shall refrain from
participating in discussion or voting on the matter. A Planning Commission Member must abstain
on a vote or discussion of any issue when the Planning Commission Member would encounter a
conflict of interest. A Planning Commission Member who abstains on a vote shall be considered
a present but non-voting Member. It may be helpful to call the City Manager or Law Director if
any Member is uncertain of whether he or she either has, or is perceived to have, a conflict.
Article 14. Role of the City Attorney
The duties of the City Attorney include serving as general legal counsel to City officials
and prosecuting cases within the jurisdiction of the City of Trenton Mayor’s court. As general legal
counsel to city officials, the City Attorney is involved in preparing ordinances and, under certain
circumstances, resolutions for Council, reviewing and preparing a wide variety of legal documents
involving the City, and representing the City in lawsuits and giving legal advice on questions posed
by City officials in their official capacity.
For routine matters, an approval or denial can be made by oral motion and vote of the
Planning Commission Members present. However, in some cases, particularly those involving
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consideration of voluminous or technical evidence and/or weighing factors, the Planning
Commission may request the City Attorney to draft a written resolution approving or denying the
matter or application under review. In complex matters, a written resolution may aid the appellate
body or court if the applicant chooses to appeal the Planning Commission’s decision. A written
decision discussing and specifying the reasons for approval or denial also helps Members of
Planning Commission to fully understand the specific conditions or limitations intended when the
matter is put to a final vote. In addition, amendments may be more easily made if the proposed
resolution is in writing.
In addition to the above, the City Attorney is also available to answer legal questions posed
by Planning Commission Members that are related to their duties or issues encountered when
administering their duties.
Article 15. Open Meetings
The Ohio Open Meetings Act (R.C. §121.22) requires public bodies, such as the Planning
Commission to deliberate, discuss, and conduct official business in open meetings. The Planning
Commission shall liberally construe the law with these goals in mind.
For a gathering to be a “meeting,” the gathering must have three characteristics: it must be
(1) a prearranged gathering; (2) that is attended by a majority of the Members of the Planning
Commission or of a committee of Planning Commission; and (3) arranged for the purpose of
conducting, transacting, deliberating, or discussing public business. There is a presumption that if
these characteristics are present, a public meeting has occurred.
Where all three of these characteristics are present, the gathering is a “meeting” and the
provisions of open meetings law must be satisfied i.e. the meeting must be open to the public,
proper notice must be given, and minutes must be prepared and maintained.
Planning Commission Members should note that conference calls, informal conversations
and email communications may constitute a “meeting.” Therefore, such activity may be subject to
the open meetings law; and may, in some circumstances, expose a Member’s personal email
address to public records requests, if such address has been used to discuss matters related to
Planning Commission business. When in doubt, Planning Commission Members are strongly
urged to contact the City Law Director prior to engaging in communications about public business
with other Members of Planning Commission
If the Planning Commission is conducting a meeting, it has three duties under the open
meeting law. It must: (1) issue an appropriate notice of a meeting; (2) that is open to the public;
and (3) must promptly prepare minutes of the meeting which must be made available for public
inspection.
All meetings of the Planning Commission shall be conducted in an open venue. The
Planning Commission must issue notice of the meeting as set forth in these Policies and
Procedures.

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The requirements for proper notice will vary depending upon the type of meeting the
Planning Commission is conducting. A “regular meeting” is held at prescheduled intervals.
A “special meeting” is any meeting other than a regular meeting. Moreover, the term
“special” implies that the meeting is being held for a specific purpose or purposes. For special
meetings, the Planning Commission shall provide reasonable notice to the public of the time, place
and purpose of the meeting. In addition, in case of a special meeting, the Planning Commission
must provide at least 24 hours advance notification to all media outlets that have requested such
notification and to people who have specifically requested such notice. Any person may request to
be notified of regular or special meetings.
Where a special meeting is simply a “regular” meeting occurring at a time other than the
regularly scheduled time, it is sufficient notice under the law for the stated purpose to be for
“general purposes.” However, where the special meeting is being held to discuss particular issues,
the purpose statement must specifically indicate those issues, and those specific issues are the only
ones that can be discussed at that meeting. If, at the special meeting, the Planning Commission
discusses matters not disclosed in the purpose statement, the meeting violates the Open Meeting
Act.
If there is a question regarding the proper publication of a “Notice” of a Planning
Commission meeting or committee meeting, the office of the City Manager should be contacted
prior to commencement of the meeting.
Article 16. Executive Sessions
An “executive session” is a private conference between Members of the Planning
Commission Members from which the public is excluded. The Planning Commission is permitted
to invite anyone it chooses into an executive session, and, conversely, may exclude anyone it so
chooses.
Because an executive session means that discussions on public business will occur outside
the public view, there are limitations on the use of executive sessions. First, there are limited
reasons for which an executive session may be called. Second, only matters specifically listed
(identified) may be discussed in executive session. Third, there is a specific procedure that must
be followed when the Planning Commission adjourns into executive session. Finally, the Planning
Commission may not take any formal action in an executive session.
If the Planning Commission is challenged in court for discussions or deliberations held in
executive session, the Planning Commission has the burden of proof to establish that one of the
statutory exceptions permitted the executive session.
There are very limited valid reasons for the Planning Commission to adjourn into executive
session.
1. Property. A public body may adjourn into executive session to consider the purchase
of property, whether real or personal, whether it is tangible or intangible. A public body
may also adjourn into executive session to consider the sale of property by competitive
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bid (real or personal property) if disclosure of the information would result in a
competitive advantage to the other side. No member of a public body may use this
exception as subterfuge for providing covert information to prospective buyers or
sellers.
2. Court Action. A public body may adjourn into executive session with the public body’s
attorney to discuss pending or imminent court action. Court action is “pending” if a
lawsuit has been commenced; court action is “imminent” if it is on the point of
happening or is impending.
3. Confidential Matters. A public body may adjourn into executive session to discuss
matters required to be kept confidential by federal law, federal rules, or state statutes.
If a Planning Commission Member is unsure as to whether something is confidential
for purposes of this exception, the Planning Commission Member is urged to request
the City Manager or his/her designee to pose the question to the City Attorney. If a
document is a “public record” and is not otherwise exempt under one of the exceptions
to the Public Records Act, the record will be subject to public disclosure
notwithstanding the appropriateness of confidential discussions about it.
4. Security Matters. A public body may adjourn into executive session to discuss details
of security arrangements and emergency response protocols where disclosure could be
expected to jeopardize the security of the public body or public office.
An executive session must always begin and end in an open meeting. There must be a
proper motion, a second, and a roll call vote. There is no requirement for placing an executive
session at any particular point on the agenda.
The Motion. The open meetings law itself indicates that a motion for executive session
must specifically identify “which one or more of the approved matters listed… are to be considered
at the executive session. [e.g. “Mr. Chairperson, I move that Planning Commission adjourn into
executive session for the purpose of discussing imminent litigation.” ]
The Second. After the motion, there must be a second on the motion.
The Roll Call Vote. Members of a public body may adjourn into executive session only
after a majority of a quorum of the Planning Commission approves the motion by a roll call vote.
The vote may not be by acclamation or by show of hands, and the vote must be recorded in the
minutes.
No Formal Action. There can be no formal action taken in an executive session. And if a
public body does take formal action in an executive session (or otherwise violates the open
meetings law), the resulting action is invalid. This is also true if a meeting is held without proper
notice.
Disclosing Information. The Open Meetings Act by itself does not prohibit the Planning
Commission or a Planning Commission Member from disclosing the information discussed in an
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executive session. However, other provisions of law may prohibit such disclosure, depending on
the subject matter. Nevertheless, it is hereby adopted by the Planning Commission that all matters
discussed in executive session shall hereby be deemed to be confidential.
Article 17.Propriety in all Proceedings
Section 17.01 Ex Parte Communications. Communications (evidence) that may occur
between a person who is in favor (or against) an application and one Member of the Planning
Commission can be contrary to the fairness desired by the judicial process. Just as a judge or jury
should not be persuaded by a party to a lawsuit without the other party even knowing about it, a
resident or applicant should not be allowed a chance to privately persuade one or more Planning
Commission Members outside of the public hearing process. Such one-on-one communications
are called ex parte communications and viewed as unfair and even illegal.
Section 17.02 Hearings. Ohio Courts have declared that hearings by planning
commissions are quasi-judicial in nature. This means that Members of Planning Commission must
accept their role as if they are both judge and jury. The critical part of this role requires that all
evidence considered by the Planning Commission should be presented at an open meeting. This
allows all the Members of Planning Commission and the public to hear (and see) the same
evidence. Thus, while Members may debate the significance of the evidence and even come to
different conclusions about whether to grant approval for applications for development proposals,
there has been an evenhanded opportunity to present and consider the evidence.
1. Planning Commission should only permit one speaker at a time. This provides for an
orderly hearing and, if the applicant has brought a court reporter, a good transcript in
the event of any court challenge.
2. The Chairperson should determine whether and for how long the public may speak on
any application.
3. It is important for the record to reflect any relevant portions of the City staff report
that are relied upon.
4. All questions should be directed to the Chairperson.
The recommended, but not required, order of business for public hearings is:
1. The Chairperson (or court reporter, if present) will swear in all witnesses who intend
to testify or participate in the hearing.
2. City staff presents its Staff Report and provides testimony and/or witnesses, if
applicable. Planning Commission members may pose questions for staff and/or
witnesses.
3. The Chairperson should ask City staff if they have any documents that they wish to
have submitted for the record. This includes, but is not limited to, the Staff Report,
Application and supporting documents submitted by Applicant, and any documents
received by the City and intended to rely upon (i.e., traffic study, environmental
report, zoning map and the like).
4. The Chairperson should offer City staff/witnesses for cross-examination to the
Applicant. Planning Commission members may pose questions for staff and/or
witnesses.
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5. The Chairperson should accept any submitted documents.
6. The Applicant may present his/her application and provides testimony and/or
witnesses, if applicable. Planning Commission members may pose questions for the
Applicant and/or witnesses.
7. The Chairperson should ask the Applicant if they have any additional documents that
they wish to have marked for the record.
8. If the Commission chooses to allow community participation, the Chairperson can
open the floor to other witnesses to take testimony. The Chairperson may, in his/her
discretion, limit the amount of time allotted to each speaker. Each speaker must place
his/her name and address in the record.
9. The Commission may recommend for Council to approve or deny the application at
the hearing or take the arguments under advisement and issue a written decision
within 30 days of the public hearing.
Article 18. Review of Policies and Procedures
The Planning Commission should review these Policies and Procedures on the first
anniversary of their adoption, and every two years thereafter.
Article 19. Amendment
These Policies and Procedures may be amended or modified by a majority vote of the
Members of the Planning Commission, provided that such amendment is presented in writing at a
regular or special meeting and action taken at a subsequent regular or special meeting.

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