Minutes of the Meeting of the Rootstown Township Zoning Commission
November 20, 2006

The Rootstown Township Zoning Commission held a public hearing on November 20, 2006, at 7:00 p.m. at the Rootstown Town Hall.

Present:

Bob Baumgardner
Dorothy Filing
Paul Galido
Robert Swauger

Absent:

William Billock

Also present:

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

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

Bob Baumgardner made a motion to accept the October 16, 2006 Zoning Commission minutes as presented. Rob Swauger seconded the motion and all ayes were heard.

Mrs. Filing reported the trustees told her that David Benedict has resigned from the Zoning Commission. They have advertised for replacement members and alternates for both the zoning commission and board of appeals.

Zoning Inspector Jim Mahood reported on the recent annual zoning seminar held in Cleveland which he and Trustee Armentrout attended. Many of the sessions are worthwhile for first-time attendees and lots of information is repeated. Giant Eagle in Rootstown is planning to do some remodeling which may include a drive-thru pharmacy. They have only begun with architectural plans at this point and will be submitting further paperwork to the zoning inspector as plans progress.

Mrs. Filing reported that she attended the most recent trustees’ meeting and the proposed re-zoning the zoning commission submitted was tabled until a special meeting is held on December 4, 2006. Even if the proposed change is denied the zoning commission in the meantime will strive to revise some of the permitted uses in the regulations in the schedules for both commercial and industrial districts.

Discussion followed regarding the 12-month deadline for projects after the final development plan is approved by the zoning commission. If changes occur in any of the plans prior to construction beginning, they must be re-submitted again. There are a few projects nearing construction in the area at this time, including the new health center proposed on Lynn Road. Another property owner will soon be requesting variances for the vacant former church property on the corner of Tallmadge and Rosalind for a conditional permit because the current permitted uses do not fit his needs for an auction house.

Games of skill were briefly mentioned because word around town is that someone may want to begin a business of that type in Rootstown. Other locations already having this type of business include near the Acme of Kent, Streetsboro, on Arlington Road, and even in Ravenna City (pending zoning approval), etc. They are basically slot machines but the customer has to use his/her skill to stop the machine at the precise time to win. Jim said this currently is not listed in the township’s schedule of permitted uses and it should be in a commercial district only.

It was felt after the recent re-zoning to commercial on Lynn Road, the schedule of permitted uses should have been tweaked to prevent further variances being needed. The zoning inspector provided his suggestions of the line items which could be changed to permitted or conditionally permitted uses based on the types of businesses in the township and his dealings with the amount of variances which have needed to be applied for.

The whole schedule of permitted uses schedule (Section 350.03) in Commercial districts was reviewed. The majority agreed to make “congregate care facility” a conditionally permitted use in a C-2 district. Mr. Mahood suggested that Retail Services, Number 6 – outdoor display – should be conditionally permitted in the V-C district. It was also agreed to add the words ‘banquet facilities’ to number 8 in Retail Services which would make it read: 8. Restaurants/banquet facilities. Number 9 – Studios for artist, photography, etc. which may include retail sales should be permitted in C-2 districts. All agreed a number 10 should be added – Laundromat should be permitted in V-C, C-1, and C-2 districts.

Under G (Community Facilities), Number 1- Adult Day Care Center - should be conditionally permitted in C-2 district, Number 2 – Assembly Hall/Meeting Place should be conditionally permitted in C-2 district; and Number 3 - Child Day Care Center - should be conditionally permitted in C-2 as well.

Also, under G (Community Facilities), Number 6 – Indoor theatre – should be conditionally permitted in a C-2 district.

Paul Galido made a motion for a proposed amendment to revise Section 350.03 – Schedule of Permitted Uses as follows (proposed changes in bold/italic/underlined): Bob Baumgardner seconded the motion and vote as follows: Bob Baumgardner, YES; Paul Galido, YES; Rob Swauger, YES; Dorothy Filing, YES; Billock, Absent – Approved 4/0/1

SECTION 350.03 SCHEDULE OF PERMITTED USES. (revised 2/14/03)

 

	R-O Residential Office	V-C Village Center	C-1 Retail Comm.	C-2 General Comm.	C-3 Highway Interchange
A. Residential Uses
1. Single-Family dwelling in compliance with R-2 district regulations for dwelling units set forth in Chapter 310	P	P
2. Two-Family dwelling	C
3. Residential Units on second floor of existing commercial building		C
4. Congregate care facility	C			C
B. Offices
1. Professional, administrative, executive offices	P	P	P	P
2. Medical offices	C	P	P	P
3. Medical clinics		C	P	P
4. Sales office with only samples of products	P	P	P	P
C. Retail/Services
1. Retail in completely enclosed buildings		P	P	P	C in assoc. w/ another principal use
2. Personal services in completely enclosed buildings		P	P	P
3. Automated teller machines		C	C	P
4. Bank, financial institution		P	P	P
5. Drive-through facilities in association with a principal use				C	P
6. Outdoor display			C	C	C
7. Outdoor storage		C		C	C
8. Restaurants/Banquet Facilitites		P	P	P	P
9. Studios for artist, photography, etc. which may include retail sales	P	P	P	C
10. Laundromats		P	P	P
D. Lodging Establishments
1. Bed-n-breakfast home		P
2. Hotel, motel				P	P
E. Automotive Uses
1. Gasoline stations				P	P
2. Auto service station				P	P
3. Car wash				P	P
4. Auto repair garage				C
5. Auto, motor vehicle sales				C
F. General Commercial
1. Farm implement sales				C
2. Building material sales				C
3. Carpenter, cabinet shop				P
4. Mini/self storage				C
G. Community Facilities
1. Adult day care center	C	C	C	C
2. Assembly hall, meeting place	C	C	C	C
3. Child day care center	C	C	C	C
4. Indoor recreation facilities				C
5. Membership/sports fitness center				C
6. Indoor theater			C	C
7. Outdoor recreation facilities				C
8. Places of worship	C	C	C
9. Public maintenance facility				C
10. Public safety facilities	P	C	P	P	P
H. Telecommunication Towers	See Chapter 460
I. Planned Commercial Development (a)	P	P	P	P	P
P = Principal use permitted by right C = Conditional use (a) Are regulated pursuant to the requirements in Chapter 360

Next, Schedule 370.03 – Permitted Uses in Industrial Districts – was reviewed. It was agreed that B2, Limited Retail Associated With a Principal Use, should be conditionally permitted in G-I.

Bob Baumgardner made a motion for a proposed amendment to revise Section 370.03 as follows (proposed changes in bold/italic/underlined): Rob Swauger seconded the motion and the vote was: Paul Galido, YES; Bob Baumgardner, YES; Rob Swauger, YES; Dorothy Filing, YES; Billock, Absent – Approved 4/0/1

SECTION 370.03 SCHEDULE OF PERMITTED USES.

	L-I Light Industrial/ Business Park District	G-I General Industrial District
A. Offices
1. Professional, administrative, executive	P	P
2. Medical facilities	P	P
3. Research and testing laboratories	P	P
B. Retail/Service
1. Child Day Care Center	C
2. Limited retail associated with a principal use	C	C
3. Adult entertainment uses		C

(partial chart – remaining portion has no proposed changes)

In order to determine where the Planned Commercial Overlay Districts could be located, a discussion followed on the exact place where Prospect Street and S.R. 44 are one and/or split at the by-pass. It seems that mailing addresses add confusion to the mix because north of I-76 the Ravenna post office rules, and south of I-76 the Rootstown post office delivers the mail. It was decided the current description listed as being considered for the PCOD is appropriate as long as S.R. 44/Prospect Street is understood.

Minimum project area for PCODs (Section 330.03) was next to be reviewed since Bob Harris of Regional Planning had suggested this could be an alternative to re-zoning individual properties to Commercial. He said the minimum could be reduced to 5 acres instead of the current 10 acres because the properties fronting Prospect Street north of Sandy Lake Road are smaller to begin with. The zoning commission members also reviewed the acreage of those properties south of that suggested area and after a lengthy discussion no change was proposed, but for future reference Mrs. Filing will contact Bob Harris regarding his theory on a tentative change on the northern area only.

The next regularly scheduled Zoning Commission meeting is December 18, 2006.

Bob Baumgardner made a motion to adjourn. Dorothy Filing seconded the motion and all ayes were heard.

____________________________
Dorothy Filing, Chair
Rootstown Township Zoning Commission

Judy Adamson, Secretary