Minutes of the Meeting of the Rootstown Township Zoning Commission
January 21, 2008The Rootstown Township Zoning Commission held a public hearing January 21, 2008, at 7:00 p.m. at the Rootstown Town Hall.
Present:
Bob Baumgardner
Paul Galido
Robert Swauger
Helen Vari
Ann Marie Mullenix, voting alternate
Patti Harmon, alternateAbsent:
Richard PetroAlso present:
Jim Mahood, Zoning Inspector
Van-Note Black, Assistant Zoning Inspector
Judy Adamson, secretaryChair, Bob Baumgardner, called the meeting to order. Everyone stood to recite the Pledge of Allegiance.
Helen Vari made a motion to approve the December 17, 2007 Zoning Commission meeting minutes as presented. Rob Swauger seconded the motion and all ayes were heard.
The zoning commission members were introduced and the new alternate members were welcomed to the group. Trustee, Dave Armentrout, was present to express the appreciation of the trustees for the people who serve as zoning commission members. The history of the township has been written with the help of dedicated citizens who serve in these volunteer positions. The informational guide given to the new members as they begin their service was briefly mentioned and the general procedures of how the meetings are run, duties and expectations of attendance, etc. were noted. The alternate members are encouraged to attend all meetings so they will be informed and ready to vote as needed. The important work requires that everyone be prepared for discussion, respect each other’s opinions, vote with convictions and follow procedures, thus avoiding legal challenges that could arise.
Mr. Armentrout further explained the public hearing procedures to clarify the way motions for proposed amendments from the Zoning Resolution need to be narrow and defined to be approved for the safety, health, and general welfare of the community and the rationale needs to be stated as such.
Mr. Armentrout also informed the group of some of the current things happening with the trustees. With the growing community, the issue of septic systems versus central sewer is an ongoing discussion. Controlling ground water is important. There may need to be a policy statement by the trustees in the near future. Also, mailboxes have never been regulated, but recently it has come to the trustees’ attention that they may need to conform to the postal regulations as to breakaway units and have something in writing in the zoning book. The water board and trustees have been negotiating but there has been no agreement yet. The community flagpole located at the church on the corner of S.R. 44 & Tallmadge Road had to be removed because of safety issues. It was on private property and also in the county’s right of way; therefore the trustees have not replaced it at the current time. The township citizens will be asked for financial support to erect a new flagpole at the fire station; and since this year is the bicentennial, trustees are hoping it could be ready for the celebration around Memorial Day.
Mr. Armentrout informed the group about the upcoming annual joint meeting for Zoning Commission, Zoning Board of Appeals, and the Trustees which is set for Monday, March 10, 2008 at 6:30 at the town hall. Attendance is encouraged.
Zoning Inspector, Jim Mahood, reported that Northeast Ohio Universities College of Medicine (NEOUCOM) has purchased the Davis property that fronts SR 44 across from the Giant Eagle entrance. They have also purchased more lots on Marks Avenue for which to possibly put an additional access drive from the college of medicine. This may cause traffic problems in the residential area; therefore, the township will need to keep a close watch and perhaps voice protests in that regard. There may need to be a zoning district map change in the future.
Election of officers was next. Bob Baumgardner mentioned that he will not be available for several months and would rather not be chairperson. After considerable discussion, the secretary called for nominations for chairperson. Rob Swauger made a motion to elect Paul Galido as chairperson and Bob Baumgardner as vice-chair. They accepted the nomination. Helen Vari seconded the motion. There were no other nominations. Vote as follows: Vari, YES; Swauger, YES; Galido, YES; Mullenix, YES; Baumgardner, YES.
Mr. Paul Galido then took over the meeting at this point. The new alternate members were given a brief explanation of how the process works for making amendments to the zoning resolution and briefed on some of the current items being worked on.
After receiving input from Chris Meduri, Assistant Prosecuting Attorney, for last month’s request regarding outdoor furnace regulations the first thing to be discussed was creating a definition. His letter of recommendation had not been received in time for December’s meeting; therefore the proposed amendments were tabled until this month. He included a few comments that will be considered along with last month’s discussion and tentative wording.
Bob Baumgardner made a motion for a proposed amendment to create a definition for OUTDOOR FURNACE. Regional Planning’s input last month concurred with the wording suggested by the Zoning Commission and Chris Meduri concurs the wording is legal. It would be: OUTDOOR FURNACE: A unit located outside of a building or structure, used to produce heat and/or hot water for the building or structure. Rob Swauger seconded the motion. Vote as follows: Mullenix, YES; Baumgardner, YES; Swauger, YES; Vari, YES; Galido, YES. Passed 5/0 This proposed amendment will now be forwarded to the trustees for their approval.
The next item on the agenda for discussion would be to decide in which districts Outdoor Furnaces would be permitted. Last month, Regional Planning agreed with the zoning commission; however the Assistant Prosecuting Attorney had a comment that suggested further discussion regarding odors in denser R-2 districts. After the group brainstormed the issue, the zoning inspector feels the originally submitted potential changes are what is needed in the township.
Helen Vari made a motion to add outdoor furnaces as number 6 under the “Other” column in Section 310.03 – Schedule of Permitted Uses. The districts where it will be conditionally permitted are O-C, R-1, and R-2. Bob Baumgardner seconded the motion. Vote as follows: Mullenix, YES; Baumgardner, YES; Vari, YES; Swauger, YES; Galido, YES. Passed 5/0 This will now be forwarded to the trustees for their approval.
Next, it is necessary to decide where the regulations for outdoor furnaces will be located in the Zoning Resolution. Accessory Use Regulations and Supplemental Regulations for specific uses would be the places where they should listed for consistency and clarity according to the zoning inspector. Regional Planning’s recommendations were taken into consideration and Chris Meduri’s comments made for more discussion before the final motion. Bob Baumgardner made a motion for a proposed amendment to add to Section 310.09 a letter O as follows:
O. Outdoor Furnace – A unit designed to be placed outside on a base in which to produce heat and/or hot water for a primary or accessory building. See Section 390.04 and Section 390.06Q. The five actual regulations designating setbacks, rear yard location, allowable fuels, lot minimum, and chimney/smokestack height will be 390.06Q. Rob Swauger seconded the motion. Vote as follows: Mullenix, YES; Baumgardner, YES; Vari, YES; Swauger, YES; Galido, YES. Passed 5/0 This will now be forwarded to the trustees for their approval.
To follow the plan of adding outdoor furnaces in Schedule 390.04, the next proposed amendment was discussed. Regional Planning and Chris Meduri agreed the column headings for minimum lot and setbacks should include “specifications” instead of requirements and “specifications” instead of building, respectively. Also, under the OTHER section, outdoor furnace would be #5 and 1.5 acres is the minimum lot specifications area, 150 ft. would be the width, 70’ would be the side/rear setback specifications, and 310.09O would be in the “see also section” column.
Helen Vari made a motion for a proposed amendment to make the above changes in Schedule 390.04 – Minimum Lot and Yard Requirements for Conditional Uses in Residential Districts - to include outdoor furnaces. Ann Marie Mullenix seconded the motion. Vote as follows: Mullenix, YES; Baumgardner, YES; Vari, YES; Swauger, YES; Galido, YES. Passed 5/0 This will now be forwarded to the trustees for their approval.
Due to the trustees’ request to begin working on possible regulations for outdoor dining and/or patio service at restaurants, etc. the ongoing review of Chapter 320 - Planned Residential Development regulations - will be set aside for the time being.
Zoning Inspector Jim Mahood had received a few complaints this past summer and fall about patrons of a local restaurant coming outside to smoke and visit with others and becoming noisy. Mr. Mahood contacted the township’s legal counsel and it was suggested that we should adopt some regulations which put some limits on times, location, etc. and refer to abiding by liquor control board regulations. By putting in some stipulations it will also help alleviate problems when other potential business start up and wish outdoor dining permits.
Some internet research on the subject was shared. Types of liquor licenses were listed and what each entails. Most all licenses are for on-premises consumption for restaurants, clubs, and bars. Our current definition of restaurant mentions consumption within the building only; therefore changes will most likely be needed. The Ohio Revised Code has a definition for outdoor patio that might be helpful if needed. The secretary called around to the neighboring townships to see if they might have something on their books that might be similar to what we would need, but nothing was gleaned. A business which is located in a Commercial District, but which borders a Residential District, is rare; but if we tighten up regulations perhaps future problems may be prevented.
Paul Galido had collected some information from other areas in fairly close proximity on how they handle outdoor dining. He shared the information with the group and suggests putting limits on the location and size of restaurant patios, number of seats, time of operation, application fee or not, etc. We may also need to check with more rural townships that may already have this type of scenario before next month if possible.
Mr. Galido wants the group to come to the next meeting prepared to brainstorm ideas for possible regulations for outdoor patio dining, etc.
The next regularly scheduled meeting will be February 18, 2008.
Rob Swauger made a motion to adjourn. Helen Vari seconded the motion and all ayes were heard.
_____________________________
Paul Galido, ChairpersonJudy Adamson, secretary