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

The Rootstown Township Zoning Commission held a public hearing on March 19, 2007, at 7:00 p.m. at the Rootstown Town Hall.

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

Absent:
David Ries, alternate
Dorothy Filing

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

Vice Chair, Bob Baumgardner, called the meeting to order. Everyone stood to recite the Pledge of Allegiance.

Rob Swauger made a motion to accept the February 19, 2007 minutes as presented. Helen Vari seconded the motion and all ayes were heard.

Mr. Baumgardner announced the upcoming joint meeting with Trustees and the Zoning Board of Appeals on March 26, 2007.

The Zoning Inspector Report was brief as Jim Mahood said things are rather slow. He also asked that ZC members let him know if they will attend the joint meeting since a meal will be provided and an accurate count is necessary.

The evenings’ proposed amendments discussion and approval was next. Three changes were tentatively proposed and Portage Regional Planning Commission and the township’s legal counsel, Chris Meduri of the Portage County Prosecutor’s Office, were asked for input and recommendations for those items.

Beginning with the Planned Residential Development - Section 320.01 – Purpose - the group looked at Regional Planning Commission’s review of the tentative changes submitted. A few wording changes were tweaked by Bob Harris as to the way it is outlined. Each of these potential suggested changes was gone over, one at a time. In this section it was decided that A and B were acceptable as suggested since some of the wording was only moved around a bit and a few additions were included.

Paul Galido made a motion to accept Regional Planning’s input and recommendations for the Planned Residential Development Section 320.01 – Purpose. Bob Baumgardner seconded the motion and vote was follows: Helen Vari, YES; Rob Swauger, YES; Richard Petro, YES; Paul Galido, YES; and Bob Baumgardner, YES. Passed 5/0 This proposed amendment will now be forwarded to the Trustees for their final approval or denial.

Next, Section 320.02 – Approval of Planned Residential Development – proposed amendment was up for discussion and approval. Regional Planning Commission had recommended their approval as submitted by the zoning commission. Chris Meduri, Assistant Prosecutor, also had sent his letter indicating approval as to its legal form.

Bob Baumgardner made a motion to accept the input and recommendation of Regional Planning for Section 320.02 – Approval of Planned Residential Development. Paul Galido seconded the motion and vote was a follows: Helen Vari, YES; Rob Swauger, YES; Richard Petro, YES; Paul Galido, YES; and Bob Baumgardner, YES. Passed 5/0 This proposed amendment will now be forwarded to the Trustees for their final approval or denial.

Next was Section 320.03 – Minimum Project Area. The Prosecuting Attorney’s office had approved the wording as to legal form and Portage County Regional Planning Commission (PCRPC) had suggested moving some text around, but basically agreed with the proposed change to encourage the preservation of the township’s rural character. Much discussion followed to determine if the zoning commission’s wishes for the tentative changes are still included with the suggested changes of PCRPC. The statement which seemed to contradict the gross minimum area of PRD minimum acreage was included in the outline, but it was felt it should be a separate sentence at the bottom, but not as a letter (E) per PCRPC text suggestion.

Helen Vari made a motion to accept Section 320.03 – Minimum Project Area – as recommended by Regional Planning Commission, A-D, and making their proposed “E” a separate sentence without actually being labeled as “E” in the outline form. Bob Baumgardner seconded the motion and the vote was as follows: Helen Vari, YES; Rob Swauger, YES; Richard Petro, YES; Paul Galido, YES; and Bob Baumgardner, YES. Passed 5/0 This proposed amendment will now be forwarded to the Trustees for their final approval or denial.

Before proceeding to the next section of the PRD regulations, the Zoning Inspector, Jim Mahood, wanted to convey the Trustees’ request for the Zoning Commission to review regulations on “places of worship”. In Schedule 350.03 – Permitted Uses in Commercial Districts - currently this is a permitted use in C-1, but not in C-2 and C-3. Also in Section 390.05 – Schedule of Conditional Uses in Commercial & Industrial Districts – shows places of workshop are allowed. The Trustees wish to have these sections reviewed to see if the current standards in both these sections are applicable to RLUPA (Religious Land Use Protection Act) laws. They wish to eliminate any discrimination charges and want all regulations to be fair to all who wish to have places of worship as long as they meet the requirements.

Rob Swauger made a motion to have our legal counsel as well as Regional Planning review Sections 350, 370, and 390 and investigate to see if the township is up to current standards regarding places of workshop in all commercial and industrial districts. Paul Galido seconded the motion and all ayes were heard.

Next on the agenda was a continuation review of PRD regulations, beginning at Section 320.05 – Density and Open Space Regulations. Much discussion followed regarding maximum density and wording regarding clustering of homes and the definition of different types of dwellings (cluster detached, single-family, condos, free-standing condos, row-houses, etc.). Our current definitions include cluster homes, (which seem to be the same as stand-alone condos) but while trying to make sense of the zoning commission’s desire for less density and more open space it was decided to table the ongoing review of this section until the April meeting. Some developers wish to combine these different types of dwellings in their PRDs as long as they can meet the setbacks and open space requirements. It is hoped that next month we come back with a better understanding and definition of the terminology in this section, and be ready to decide on proposed changes to suit everyone.

The next regularly scheduled Zoning Commission is Monday, April 16, 2007.

Mr. Baumgardner announced the Lion’s Club Easter Egg Hunt is scheduled for April 7 at 11:00 a.m. at Gracie Field.

Rob Swauger made a motion to adjourn. Bob Baumgardner seconded the motion and all ayes were heard.

____________________________
Dorothy Filing, Chair
Rootstown Township Zoning Commission

Judy Adamson, Secretary