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

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

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

Absent:
David Ries

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

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

Paul Galido made a motion to approve the October 15, 2007 meeting minutes as presented. Rob Swauger seconded the motion and all ayes were heard.

Zoning Inspector Jim Mahood reported the Trustees would like the zoning commission to review and perhaps adjust the definition of ‘restaurant’ due to some concerns involving nuisance complaints from residents who live near eating establishments at which patrons congregate outdoors. Mr. Mahood has checked with the prosecuting attorney’s office for help in clarifying the regulations for restaurants that wish to have outdoor dining, etc. The Liquor Control Board may also need to be involved with the details since liquor consumption is indoor only. There may need to be a designated area adjoining the primary building which might need fenced, paved, etc. and parking may be affected, too. The zoning commission will begin the process so it will be in effect by early spring.

Outdoor furnace regulations were up for discussion next. From the previous meeting’s discussion on this subject a general outline was used as a guideline for specifics for our zoning resolution. The first and foremost concern is smokestack height. Complaints from neighboring homeowners are usually about smoke pollution and odor.

To begin the regulations, a definition for “outdoor furnace” is needed. After much discussion Rob Swauger made a motion to create a definition in Chapter 150 for OUTDOOR FURNACE: A unit to produce heat and/or hot water for a primary or accessory building. Helen Vari seconded the motion and the vote was as follows: Swauger, YES; Galido, YES; Petro, YES; Vari, YES; Baumgardner, YES. PASSED 5/0

Regarding smokestack height, many scenarios were discussed and it was felt the natural grade of the ground needs to be considered. Some smokestacks begin at different places on the unit, depending on the manufacturer. Atmospheric conditions may affect the flow of the smoke as well as the height.

Since the zoning commission feels the use of outdoor furnaces should be conditionally permitted, Paul Galido made a motion to add this to the Schedule of Permitted Uses - Section 310.03 – as follows:

SECTION 310.03 SCHEDULE OF PERMITTED USES.

	O-C Open Space Conservation	R-1 Single- Family Residential	R-2 Single- Family Residential	R-3 Multi- Family Residential	R-V Residential Village
D. Other
1. Offices fronting on lots on Sandy Lake Rd. or Rt. 44 (north of 1-76)					C
2. Congregate care facilities		C	C	C
3. Use of accessory agricultural building for limited commercial uses on lots larger than 25 acres	C	C	C
4. Soil removal/extraction	C	C
5. Gas and oil wells			C
6. Outdoor Furnaces	C	C	C
7. Telecommunication towers	See Chapter 460
P = Principal use permitted by right C = Conditional use

Rob Swauger seconded the motion and vote was as follows: Vari, YES; Swauger, YES; Galido, YES; Petro, YES; and Baumgardner, YES – Passed 5/0

Next, Section 310.09 – Accessory Use Regulations – is where the specific regulations for outdoor furnaces will be spelled out, including distance from the principal dwelling, location as to setbacks and property lines from neighboring properties, fuel usage, chimney/smokestack height, and minimum acreage, etc.

Rob Swauger made a motion to put the following regulations in 310.09 by adding:

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. This unit:

1. Shall not be located closer than 30’ from the principal dwelling,
2. Shall be located in the rear yard a minimum of 70 feet from the property lines,
3. Shall use only allowable fuels which follow federal, state, and local government standards and guidelines,
4. Shall be located on a minimum of 1.5 acres,
5. Chimney/smokestack height shall be 12’ minimum measured from the natural grade of the ground.

Helen Vari seconded the motion and the vote was as follows: Galido, YES; Petro, YES: Swauger, YES; Vari, YES; and Baumgardner, YES. Passed 5/0

Further, the regulations for conditionally permitted outdoor furnaces; the minimum lot and yard requirements in Schedule 390.04 need to be revised also. Therefore it can be added as Number 5, under OTHER – as follows:

Schedule 390.04
Minimum Lot and Yard Requirements for Conditional Uses in Residential Districts.

CONDITIONAL USE	Minimum Lot Requirements		Building Setback (ft)		Parking Setback (ft)		See also Section
	Area	Width	Front	Side/ Rear	Front	Side/ Rear
OTHER
1. Offices on lots fronting Sandy Lake Rd. or Rt. 44 (north of I-76)	(a)	(a)	(a)	(a)	NP	20	390.06O
2. Topsoil removal/extraction	20 ac	300 ft	200	200	200	200	390.06V
3. Telecommunication towers	See Chapter 460
4. Use of accessory building for limited commercial uses	25 ac	500 ft	300	200	200	200	390.06W
5. Outdoor Furnaces	1.5 ac	150 ft	NP	70 ft	NP	NP	310.09O
Notes to Schedule 390.04: NP = Not Permitted ac = acres ft = feet (a) Shall comply with district regulations.

Rich Petro made a motion to add the above bolded text to Schedule 390.04 and Paul Galido seconded the motion. Vote was as follows: Swauger, YES; Vari, YES; Galido, YES; Petro, YES; and Baumgardner, YES. Passed 5/0

To complete the outdoor furnace regulations, in Section 390.06 – Supplemental Regulations for Specific Uses – the group felt that the introductory sentence should be modified to include Section 310.09 as well as 390.09 and 390.05.

Rob Swauger made a motion to make a proposed amendment for the above change as shown below (in bold). Paul Galido seconded the motion and the vote was as follows: Swauger, YES; Galido, YES; Petro, YES; Vari, YES; Baumgardner, YES. PASSED 5/0

SECTION 390.06 SUPPLEMENTAL REGULATIONS FOR SPECIFIC USES.

The following are specific criteria and requirements for certain conditional uses and are in addition to the general criteria set forth in Section 390.02 and the specific standards set forth in Sections 310.09, 390.03 and 390.05.

The next portion of the agenda was the public hearing for proposed amendments to the zoning resolution regarding PRD regulations. To begin, a redundant footnote on Schedule 320.04 should be deleted. Portage County Regional Planning Commission recommended approval of the zoning commission’s suggestion to delete it and Prosecutor Chris Meduri concurred.

Rob Swauger made a motion to delete the redundant footnote from Schedule 320.04 and Paul Galido seconded the motion and all ayes were heard. This will be now forwarded to the trustees for approval or denial.

The next proposed amendment involved deleting the word ‘restricted’ when it precedes ‘open space’ in Chapter 320 – Planned Residential Development – regulations. Portage County Regional Planning Commission agreed with the recommendation, providing that it also is changed throughout the entire Zoning Resolution, since it is most likely elsewhere, too. The prosecuting attorney’s office also agreed as well as modifying the definition to suit the change.

Paul Galido made a motion to strike the word restricted throughout the Zoning Resolution when it precedes the words “open space” as per Regional Planning’s recommendation. Rob Swauger seconded the motion and the vote was as follows: Galido, YES; Petro, YES: Swauger, YES; Vari, YES; and Baumgardner, YES. Passed 5/0

The next task was to create a definition for OPEN SPACE in Chapter 150. Regional Planning modified the zoning commission’s suggested wording for the definition, however. Chris Meduri, Assistant Prosecuting Attorney, approved Regional Planning’s modified version of the definition.

Paul Galido made a motion to submit Regional Planning’s definition of open space and forward it to the trustees for their approval. Helen Vari seconded the motion as follows: OPEN SPACE: An area that is substantially open to the sky and may be on the same lot as a building. The area may include, but is not limited to the natural environmental features, water areas, conservation-oriented areas and passive and active recreational facilities. However, streets, parking areas, structures for habitation, and required side, front and rear yards shall not be included. Vote as follows: Swauger, YES; Vari, YES; Galido, YES; Petro, YES; and Baumgardner, YES. Passed 5/0

The proposed amendment regarding density and open space regulations was next. A density formula was created to calculate the number of dwellings permitted in a PRD which also allows for a modest density bonus if the developer complies with the specifications. Regional Planning recommended a couple of slight wording changes to keep it consistent. The Prosecuting Attorney’s office also agreed with Regional Planning’s wording as to legal form.

Rich Petro made a motion to accept Regional Planning Commission’s approval of the Density Formula as well as removing the Maximum Net Density since this section stipulates the dimension of the area to be used in conjunction with Schedule 320.05F. Helen Vari seconded the motion and the vote was as follows: Vari, YES; Galido, YES; Petro, YES; Swauger, YES; and Baumgardner, YES. Passed 5/0 This will now be forwarded to the trustees for their approval or denial.

The next regularly scheduled meeting will be December 17, 2007.

Rob Swauger made a motion to adjourn. Rich Petro seconded the motion and all ayes were heard.

_____________________________
Bob Baumgardner, Zoning Commission Chair

Judy Adamson, secretary