Minutes of the Meeting of the Rootstown Township Zoning Commission
February 19, 2007

The Rootstown Township Zoning Commission met in regular session on February 19, 2007, at 7:00 p.m. at the Rootstown Town Hall.

Present:
Bob Baumgardner
Dorothy Filing
Paul Galido
Richard Petro , alternate
Robert Swauger
Helen Vari

Also present:
Jim Mahood, Zoning Inspector
Van-Note Black, Assistant Zoning Inspector
Judy Adamson, secretary

Absent:
David Ries, alternate

Chair, Dorothy Filing, called the meeting to order. Everyone stood to recite the Pledge of Allegiance.

Helen Vari made a motion to approve the January 15, 2007, minutes as presented. Paul Galido seconded the motion and all ayes were heard.

The zoning inspector, Jim Mahood, provided the zoning commission members a copy of a letter from the Portage County Health Department regarding new Ohio septic regulations effective January 1, 2007. The county health department is required to enforce the state regulations. Basically, there is no longer a minimum lot size regulation related to lot approval for sewage systems. The new regulations simply state that there must be space for the first system plus room for the future replacement system and proper isolation distances from wells, property lines, houses, etc. Lot size regulation is now strictly the township’s domain. The health department can no longer require one and one-half acres.

Unlike the old county health department regulations, the new Ohio rules allow more than one home and one sewage system per lot, as long as there is adequate space to meet the above quoted sewage system requirements for each dwelling. Township zoning requirements can restrict that, but the county cannot help rule it out like they have in the past. The county health department is no longer able to do the soil review. A professional soil scientist’s report showing an in-depth analysis is needed. The soil report is then submitted to the county health department and they in turn will do an on-site inspection of the physical conditions of the property that might affect installing a system; i.e., wetlands, steep slopes, easements, streams, drainage ditches, disturbed soil areas, ponds, ravines, lot size and shape, etc. A combination of the lot inspection and soil report determines whether or not the lot is approvable.

Mr. Mahood’s understanding is that the township can leave its regulations the same or change them to include multi-home lots, or create another area which mentions smaller lots which might require septic approval. The thoughts were to leave the zoning resolution the same at this time.

The Planned Residential Development regulations review was next on the agenda. Chair, Dorothy Filing, suggested starting at the beginning and going through each section and establishing motions for approval for any changes along the way.

Beginning with 320.01 – Purpose – the tentative changes which have been suggested since the ongoing review were gone over line by line. The narrative paragraph under the PURPOSE had no changes. However the current outline of A – D has been tentatively expanded to include A-I with additional line items under A & B.

Paul Galido made a motion to accept 320.01 Purpose as shown below. Bob Baumgardner seconded the motion. Vote as follows: Bob Baumgardner, YES; Paul Galido, YES; Rob Swauger, YES; Helen Vari, YES; and Dorothy Filing, YES. Passed 5/0

SECTION 320.01 PURPOSE.

Planned Residential Development regulations are established in order to encourage and accommodate, in a unified project, creative and imaginative Planned Residential Developments (PRD). It is intended that PRDs will utilize innovations in the technology of land development that are in the best interests of the Township and which are consistent with the residential objectives in the Comprehensive Plan to preserve sensitive natural areas that contribute to the character of Rootstown Township. In order to accomplish this purpose, these regulations provide for a variety of dwelling types, including single-family detached, clustered, and attached single-family units. These regulations are designed to achieve, among others, the following objectives:

  1. To conserve natural features of the site, which contribute to the rural character of Rootstown Township.

    1. Large, aggregated, undeveloped land areas;
    2. Scenic vistas and rural views;
    3. Natural features such as woodlands, steep slopes, floodplains, wetlands, stream and river corridors, hedgerows, and rock outcroppings;
    4. Appropriate topographic or vegetative screening;
    5. Significant historic features such as stone walls, old buildings, old barns and foundations, heritage trees, etc.;
    6. Traditional rural settlement patterns characterized by clusters of compact groupings of development in otherwise wide-open spaces.

  2. To maximize the preservation of the community’s natural resources by:

    1. Conserving areas of prime agricultural soils, to the extent possible;
    2. Avoiding development on and destruction of sensitive natural resource areas such as wetlands, natural ponds, marshes, floodplains and larger wooded areas;
    3. Maintaining natural characteristics (such as woods, hedgerows, natural vegetation, meadows, steep slopes, rock outcroppings and streams);
    4. Reducing the amount of disturbed land, the conversion of natural areas to landscaped areas for lawns, and the use of invasive vegetation; and
    5. Reducing the volume and improving the quality of storm water runoff from expected development.

  3. To ensure the economical and efficient use of land and reduce infrastructure costs through unified development.

  4. To ensure the flexible spacing of lots and buildings in order to encourage the separation of pedestrian and vehicular circulation; the provision of readily accessible open space and recreation areas; and the creation of functional and interesting residential areas.

  5. To ensure that Planned Residential Developments are compatible with surrounding neighborhoods and comply with these objectives by requiring the submission of development plans and establishing a review process to ensure that all developments are consistent with the regulations.

  6. To establish development review criteria which promote creative design solutions in a manner which best conserves the area’s resources.

  7. To establish a review process that maintains local review and approval of the overall development plan and which results in the timely consideration of an application.

  8. To allow for more efficient use of the land than is generally achieved through conventional development practices.

  9. To ensure that the proposed Planned Residential Development complies with the objectives of Rootstown Township as expressed in the Rootstown Township Land Use Plan.

On to Section 320.02 – APPROVAL OF PLANNED RESIDENTIAL DEVELOPMENTS. This section had only one additional small text change suggested in letter B. (shown in bold). Significant buffer zones with adequate landscaping shall be provided between the proposed development and adjacent residential areas and existing road right of way.

Paul Galido made a motion to approve Section 320.02 – APPROVAL OF PLANNED RESIDENTIAL DEVELOPMENTS as shown below. Rob Swauger seconded the motion. Vote as follows: Bob Baumgardner, YES; Paul Galido, YES; Rob Swauger, YES; Helen Vari, YES; and Dorothy Filing, YES. Passed 5/0

SECTION 320.02 APPROVAL OF PLANNED RESIDENTIAL DEVELOPMENTS.

In addition to the general review procedures for development plans, the Zoning Commission shall review a proposed PRD giving particular consideration to ensure that:

  1. Buildings and uses within the proposed development shall be located so as to reduce any adverse influences and to protect the residential character of areas adjacent to the development;

  2. Significant buffer zones with adequate landscaping shall be provided between the proposed development and adjacent residential areas and existing road right of way;

  3. The bulk and height of buildings within the proposed development are compatible with the surrounding development;

  4. Roadway systems, service areas, parking areas, entrances, exits, and pedestrian walkways within the development are so designed as to have access to public streets which minimize traffic hazards, or congestion;

  5. The layout of parking areas, service areas, entrances, exits, signs, lighting, noise sources or other potentially adverse influences shall be designed and located to protect the residential character of areas adjacent to the development.

Next for discussion was Section 320.03 – MINIMUM PROJECT AREA. This section was the topic of a lengthy discussion and the zoning commission members original reason for the review of the whole section was based upon tweaking the size, density and open space for these developments. The minimum size of parcels for PRDs in R-1 and R-2 districts was increased and the suggested tentative change is as follows:

SECTION 320.03 MINIMUM PROJECT AREA.

  1. The area proposed to be developed as a Planned Residential Development shall be in one ownership, or if in several ownerships, the application shall be filed jointly by all owners of the properties included in the proposed PRD boundaries.

  2. The size of a tract of land proposed for a PRD project should correspond to the minimum acreage requirements as depicted in Schedule 320.03.B and shall not include any area within any existing public street rights-of-way.

Schedule 320.03.B

1. 25 acres in an O-C District
2. 20 acres in an R-1 District.
3. 20 acres in an R-2 District.
4. 5 acres in an R-V District.

After reviewing the previous draft to determine if any changes would be proposed, Helen Vari made a motion to delete the second sentence in B. from the DRAFT form of this section which had not been formally approved or voted upon. The sentence was: Parcels under the required minimum acreage may be deemed appropriate based on individual merits provided that the project shall meet the minimum open space requirements. Rob Swauger seconded the motion. Vote as follows: Bob Baumgardner, YES; Paul Galido, YES; Rob Swauger, YES; Helen Vari, YES; and Dorothy Filing, YES. Passed 5/0

Bob Baumgardner made a motion to approve the above changes to Section 320.03 – MINIMUM PROJECT AREA. Helen Vari seconded the motion. Vote as follows: Bob Baumgardner, YES; Paul Galido, YES; Rob Swauger, YES; Helen Vari, YES; and Dorothy Filing, YES. Passed 5/0

Section 320.04 – DWELLING TYPES was reviewed in detail. After considerable discussion it was decided that this section is okay as it stands in the current zoning resolution.

Discussion of Section 320.05 was next. This section involves density and since there are several ways to figure density, it began a long discussion regarding the zoning commission’s intent to decrease the density in PRDs. Due to this section having the most tentative changes in the former drafts, it was decided to table this until next month.

The next regularly scheduled zoning commission meeting is March 19, 2007.

Bob Baumgardner made a motion to adjourn. Paul Galido seconded the motion and all ayes were heard.

____________________________
Dorothy Filing, Chair
Rootstown Township Zoning Commission

Judy Adamson, Secretary