Minutes of the Meeting of the Rootstown Township Zoning Commission
July 16, 2007

The Rootstown Township Zoning Commission met in regular session on July 16, 2007, at 7:00 p.m. at the Rootstown Town Hall.

Present:
Bob Baumgardner
Paul Galido
Robert Swauger
Helen Vari

Absent:
Dorothy Filing
Richard Petro, alternate
David Ries, alternate

Also present:
Jim Mahood, Zoning Inspector
Van-Note Black, Assistant Zoning Inspector
Judy Adamson, secretary
Bob Harris, Portage County Regional Planning Commission

Vice Chair, Bob Baumgardner, called the meeting to order. Mr. Baumgardner began the proceedings by introducing the zoning commission members, secretary and zoning inspectors to the audience.

Everyone stood for the Pledge of Allegiance.

Zoning Inspector, Jim Mahood, read a letter written by Dorothy Filing, given to him by the trustees, whereby she resigned.

Before starting the agenda portion of the meeting, Mr. Ed Harris wished to approach the zoning commission informally about possibly buying property on Prospect Street at Sandy Lake Road for a place of worship and business. He wanted to get the feel of whether this would be a permitted use and fit into the area with the current regulations. The area is zoned Commercial.

Mr. Ed Harris took the floor to present his potential intentions. He explained that Mr. Matt Pettigrew, the new owner of the former glass factory building, was unsure if he would follow through with the business which was approved for this site and may wish to sell it. Mr. Harris has a business in Ravenna, lives in Randolph township, and a church now in Ravenna with a membership of about 100 persons. He wants to consolidate them in a central area if possible. The church is multi-racial and multi-cultural and is growing. They envision adding a day care to the sanctuary and also including his graphic sign business. A community/youth center could also be considered. He feels it would be a positive thing for the community. There are employment possibilities, too.

The panel asked a few questions. The church is called Upper Road Ministries. It has been in existence for two years. The parcel is three acres and Mr. Harris feels this may be a viable possibility for him.

The parcel is in a Commercial zoning district and places of worship are not currently a permitted use. Recently the re-zoning of that area was considered, but it was not done due to Regional Planning’s recommendation to keep it commercial instead of industrial and spot zoning. Mr. Ed Harris presented a rough draft drawing of the potential layout of the proposed building how he envisions it would be. He feels the ministries nowadays are becoming multi-purpose in nature. The only thing in question would be the place of worship part of the whole thing. It would need to be a conditionally permitted use in C-2, if the zoning commission and zoning board of appeals agrees.

Mr. Bob Harris, of Regional Planning Commission, who was in attendance for other agenda items, suggested the zoning commission review the Comprehensive Land Use Plan to see if this might be an avenue to pursue since there are other approved businesses involved. Also, if the place of worship percentage of the whole package doesn’t involve a majority, a use variance could be applied for from the Zoning Board of Appeals. It was suggested that Mr. Ed Harris attend the next ZBA meeting to get an informal opinion from them, too. They may be able to act on a formal application in the near future if it’s submitted after getting a feel for the way things need to be addressed.

Rob Swauger made a motion to approve the June 18, 2007 zoning commission minutes as presented. Paul Galido seconded the motion and all ayes were heard.

The formal part of the meeting began with Bob Harris from the Regional Planning Commission taking the floor to answer questions submitted to him to help clarify some things which might eventually need to be amended in the zoning regulations due to community complaints, etc. To start, the trustees wished to have the term “single-family” defined more specifically. He gave three definitions which may give choices to eliminate homes from being rented. The current definition in our resolution can include up to 4 un-related individuals. The prosecutor’s office had previously given a definition which did not limit the number of un-related people in a home. The idea would be to have a definition which would be defensible in court if challenged. The legal counsel should also be able to suggest if the current definition needs to be modified or if something needs to be included to prohibit renters in single-family homes.

Mr. Bob Harris stated that zoning cannot prohibit the rental of properties. This would be unconstitutional. A homeowner’s association in a condominium subdivision could enact upon itself the right not to allow rental of units. The legal process might need to be checked into if nuisances are being created with renters.

There was considerable discussion about ownership versus rentals and also the differences between duplexes, triplexes, condominiums, single-family cluster homes, attached dwellings, detached dwellings, etc. etc. etc.

Paul Galido made a motion to propose an amendment to change the definition of “dwelling, attached single-family” by adding the words ‘designed and used exclusively by one (1) family that is’ … at the beginning and add the parenthesized numeral 1 to the definition “dwelling, cluster single-family” to keep it consistent. The motion also includes asking the prosecutor’s office to give us the most recent best defensible definition of FAMILY to be included. Helen Vari seconded the motion and vote as follows: Swauger, YES; Galido, YES; Vari, YES; and Baumgardner, YES. – Passed 4/0

Next on the agenda was Bob Harris’ breakdown of a formula for calculating the density for Planned Residential Developments. He began by using an example of an 100-acre parcel and explained the way to calculate density by total acres, public road right of ways, open space, critical natural areas, etc. The yield plan is used when the developer shows the zoning commission how many dwelling units he hopes to get on the site. Start with total acres, subtract roads, open space, and critical natural areas. Roads are typically about 10%, county subdivision regulations require 5% open space, and critical natural areas of wetlands, etc. are also subtracted. Design guidelines may come into effect to get a bonus of additional dwelling units. The developers still need to follow design criteria of PRDs. The formula will speed the process up, but doesn’t work in all cases. Sometimes critical natural areas can be part of lots.

Mr. Harris reported that he spoke directly with Randall Arendt who wrote the requirements for a development in Hiram and it worked very well and other townships use it as an example. The open space worked well there and the clustering of homes helped with the aesthetically pleasing look of the area. It also helped the developer with less road infrastructure, etc. Mr. Harris will provide the secretary with information about open space requirements to break up areas.

Next was the continuation of the discussion on outdoor furnaces. Regional Planning Commission was asked to provide us with some examples of regulations which might be adopted for this township’s resolution. Obviously smoke and pollution are the biggest topics of complaints. Mr. Harris reported that they are exempt from EPA. The particulates which are emitted into the air could cause very serious health issues. The New England states have some regulations; however, there may not be any sound engineering and science behind the regulations. The chimney height requirement doesn’t necessarily match house chimney requirements. Building departments sometimes monitor these issues, however enforcing is not easy. They basically depend on the manufacturer’s instructions for installation.

Adding outdoor furnace regulations in our book should probably fall under conditionally permitted use and need a zoning certificate. It is felt the EPA should put requirements on so the manufacturers might add chambers which will eliminate the particulates emitted via the chimney.

Other nearby townships are also planning to draft regulations and many things need to be considered. These outdoor hydronic heaters should not create a public or private nuisance with smoke and odor and be installed and operated in accordance with manufacturers instructions. Site requirements are also important as well as distances from the nearest property line. The New England states require the chimney/stack must extend at least 15 feet above the peak of the heater unit, so that may need to be considered. Fencing requirements and fuel storage also need to be looked at by the fire department.

There doesn’t seem to be specific requirements for heating contractors to install these units. The EPA has determined the particulate matter emission amount, but it may be hard to measure and enforce. Fuel materials allowed and not allowed should be part of the regulations as well.

The discussion was lengthy and nothing formal was decided. Next month’s meeting (August 20, 2007) will be a continuation of more things to consider for this township’s proposed regulations for outdoor furnaces/hydronic heaters.

Rob Swauger made a motion to adjourn. Paul Galido seconded the motion and all ayes were heard.

_____________________________
Bob Baumgardner, Vice Chair
Rootstown Township Zoning Commission

Judy Adamson, secretary