Minutes of the Meeting of the Rootstown Township Zoning Commission
February 18, 2008The Rootstown Township Zoning Commission met in regular session on Monday, February 18, 2008, at 7:00 p.m. at the Rootstown Town Hall.
Present:
Paul Galido
Richard Petro
Robert Swauger
Helen Vari
Ann Marie Mullenix, alternateAbsent:
Bob Baumgardner
Patti Harmon, submitted her resignation prior to the meetingAlso present:
Jim Mahood, Zoning Inspector
Van-Note Black, Assistant Zoning Inspector
Judy Adamson, secretaryChair, Paul Galido, called the meeting to order. Everyone stood to recite the Pledge of Allegiance.
Rob Swauger made a motion to approve the January 21, 2008 Zoning Commission minutes as presented. Ann Marie Mullenix seconded the motion and all ayes were heard.
Mr. Galido mentioned the upcoming bi-centennial celebration will be June 9th. A parade will be held in Ravenna and all townships and villages, etc. are encouraged to participate. More information to follow. Also, Trustee Dave Armentrout, provided information for the zoning commission members regarding an upcoming workshop, parliamentary procedures, etc.
The zoning inspector’s report was brief because things are still rather slow in the township. A few things are beginning to materialize, including a possible expansion for the Giant Eagle, and a potential office building may also be in the works, etc. It was noted that the proposed amendments for outdoor furnaces is in the hands of the trustees for approval or denial; however inclement weather forced cancellation of one of their meetings so the timeline may be extended.
First up for discussion was the outdoor/patio dining regulations which the trustees have asked to be reviewed and updated since the recent trend of patrons waiting outside for seating or congregating outdoors for smoking have brought about some complaints. Several places have rules in effect which regulate areas for patio dining, hours of operation, permitted location, seating capacity, fire department compliance, etc.
Chair, Paul Galido, began by giving his ideas on what might be needed to ensure our township regulations will be proactive and allow those who have existing restaurants to include outdoor dining and still be in compliance.
Mr. Galido feels a conditionally permitted use would be needed. Zoning Inspector, Jim Mahood, explained that existing restaurants that want to add an outdoor dining area would have to have a permit. The area would need to be defined as a permanent place on concrete or a deck, for example.
Hours of operation for the outdoor dining area was also discussed at length. Limiting months of operation would not be enforceable. Restaurants with liquor license might be open later but the license would stipulate the time. It was decided that normal hours of operation should be posted and followed. Regarding new businesses, a specific location would need to be designated. Setbacks and parking requirements will need to be considered which may limit the location of outdoor dining patios.
Seating capacity as well as emergency access requirements are determined by the Fire Department. Outdoor cooking would be prohibited, pursuant to County Health Department codes. Noise complaints are referred to the zoning inspector who would then issue a nuisance letter.
Trash and bussing facilities as well as fire and safety codes regarding seating as opposed to standing patrons were also discussed. The zoning inspector feels this would not be an issue. Fencing for the designated outdoor dining area was discussed at length. Egress to the area and whether a gate is required would be regulated by the Fire Department. Fence height and composition was next to be brainstormed so as to restrict temporary or unsafe materials. Lighting requirements as well as noise/music restrictions and signage would already be covered in other sections of our zoning resolution.
The definition for outdoor patio would need to be determined and incorporated into the zoning resolution to complete the process. The Ohio Revised Code wording was considered as well as several others taken from already existing ordinances of neighboring communities.
The definition chosen to be adopted is Outdoor Patio: An area not enclosed in a building and which is intended as an accessory area to a table service restaurant which provides food and/or drink to customers for consumption on the premises.
Rob Swauger made a motion to forward a proposed amendment to Regional Planning Commission and the Prosecuting Attorney’s office for the above definition for outdoor patio. Ann Marie Mullenix seconded the motion and the vote was as follows: Vari, YES; Swauger, YES; Mullenix, YES; Petro, YES; and Galido, YES. Passed 5/0
The remaining regulations for potential outdoor patio dining would need to be incorporated in Section 350.09 – Accessory Use Regulations. Much discussion followed on how to best include the aforementioned conditions, stipulations, requirements, etc. and for screening the outdoor dining areas.
Rob Swauger made a motion to forward a proposed amendment to Regional Planning Commission and the Prosecuting Attorney’s office for accessory use regulations for outdoor patio dining as shown below. Ann Marie Mullenix seconded the motion and the vote was as follows: Vari, YES; Swauger, YES; Mullenix, YES; Petro, YES; and Galido, YES. Passed 5/0
Section 350.09C. Outdoor patio. Shall comply with all setback requirements for principal building for the district and must be on a permanent base and enclosed.
- Fences/walls shall be of uniform design, be well maintained, and shall be a minimum of 4’ in height.
- Fences shall be constructed of masonry, wood, wrought iron, brick, stone, or vinyl, excluding rolled fencing of any type.
The next regular zoning commission meeting is scheduled for March 17, 2008. At that time a public hearing will be held for approving the regulations for outdoor dining after receiving input and recommendations from the Portage County Regional Planning Commission and the township’s legal counsel, Chris Meduri, Assistant County Prosecutor prior to forwarding to the trustees who will then approve or deny the newly proposed regulations.
The ongoing review of Chapter 320 – Planned Residential Development – will be continued next month, beginning at 320.06.
Paul Galido reminded the group their attendance is encouraged at the Joint Meeting with the Trustees and Zoning Board of Appeals members that is scheduled for Monday, March 10th, 2008.
Helen Vari made a motion to adjourn. Rich Petro seconded the motion and all ayes were heard.
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Paul Galido, ChairJudy Adamson, secretary