Chair, Karen Henry, called the meeting to order. Everyone stood to recite the Pledge of Allegiance.

Transcription

1 The Rootstown Township Zoning Commission held a public hearing on Monday, October 21, 2013 at 7:00 p.m. at Rootstown High School cafeteria. Approximately 60 township residents attended. PRESENT: Karen Henry, Chair George Tishma, Vice Chair Bob Moses Rob Swauger Steve Brown Theresa Summers Also present: Jim Mahood, Zoning Inspector Van Black, Assistant Zoning Inspector Chair, Karen Henry, called the meeting to order. Everyone stood to recite the Pledge of Allegiance. The Zoning Commission members introduced themselves. Bob Moses made a motion to accept the minutes of the September 16 th, 2013 Zoning Commission meeting as presented. George Tishma seconded the motion and all ayes were heard. Mrs. Henry announced the Rootstown Township Candidates Forum would be held on Wednesday evening, October 23, at 6 PM at NEOMed. Mrs. Henry gave the floor to the Speedway representative, Nick Hershberger, from CESO, Inc., the consultant engineers for this project. He presented a brief overview with video slides. The proposed project is to rebuild Speedway #9175 located at 4162 Lynn Road. The building is old and site is tight and difficult to navigate. Safety and parking need to be adjusted as well. He showed a picture of a newly completed Speedway in South Vienna, OH, that has the exact same layout as proposed for Rootstown s location. It shows easy in and easy out from the gas pumps, etc. to allow more safe and efficient for foot traffic. Additional parking areas and the 4600 SF building were shown as well. The truck traffic area has room for stopping briefly to go into the building; however, it is not a truck stop as there is not room for truck parking. The personnel are also trained to make sure this does not occur. Mr. Hershberger also showed the current property as it lies as compared to the proposed changes. The upgrading of the building is needed and the layout is safer for pedestrians, etc. The benefits for residents will be increased tax revenue created by the site, additional jobs for another manager, full-time and part-time workers. Concerns previously mentioned include screening. A two-foot mound with a 6-ft. fence and a double row of arborvitaes on the west side is proposed. The contours of the land are being studied to see if higher trees and mounds are needed. The rear area may also be screened with additional trees.

2 Another concern was voiced previously about trucks headlights shining on the houses on the north side of Lynn Road. Another row of arborvitaes planted on the right of way can be added by Speedway if approved by the township or on the actual north-side property if the owner prefers. The flooding issues discussed previously by residents seems to be the biggest concern. Close neighbors have asked if Speedway is willing to fix flooding issues. They are working on trying to figure out what the exact issues are regarding the current flooding. The county engineer provided information to them and they met with some of the residents. Engineers have met with residents. The catch basin drains into 24 pipe and then transitions to a 12 pipe and 8 field tile. Several years ago a discussion to replace drainage pipes was not completed because a resident would not cooperate. The county conservation district will be willing to check their records and pinpoint issues which can be solved, and facilitate meetings with property owners for easements, etc. Speedway will continue to investigate this drainage issue. County regulations require the final site plan to show calculations from 100-yr. storm and to meet or exceed those regulations. The current Speedway was built before any retention ponds were required to be in place. The peak flows for a 50- yr. storm with the proposed upgrade are well below what is coming off at this time. Mrs. Henry asked if any of the zoning commission members had questions for Mr. Hershberger. George Tishma asked about the non-porous groundcover at the current Speedway as compared to the proposed new site. He is also concerned about the lights on the backside and asked about making it a wildlife refuse to deflect headlights. Rob Swauger asked about the turning radius of semi s. The intersection has already been deemed dangerous by ODOT and he feels semi s will block all lanes when turning south and or west on I-76. Mr. Hershberger said they might be able to turn a truck on it and run an ariel. How much land is now covered in pavement? Seven/tenths of an acre is now paved on the existing Speedway and the proposed is 2 acres. Mrs. Henry read aloud a letter received in regard to the Speedway upgrade from Mark & Lynn Robinson. They are adamantly against any re-zoning for this purpose. They cite intersection congestion, headlights, diesel odor and pollution, traffic jams and noise that Rootstown does not need. Their understanding is that re-zoning is done for hardship reasons only and they feel it s a profit-center only for Speedway and a loss for the community. With truck fueling locations both east and west of Rootstown it is not needed. It will greatly depreciate their property. Mrs. Henry opened the floor for public questions. John Kovach from Lynn Road feels this proposed expansion would de-value his property. The flooding will be expensive and will not work and no one will maintain the retention ponds. It will not benefit the residents. Sandra Woolf from Lynn Road provided the members with some research about diesel exhaust fumes. It has been determined to cause cancer. Lighting, lack of tax revenue from the increased gas sales, and noise are her biggest concerns for having the zoning commission to vote NO on this upgrade.

3 James Eden from Brown Road at Muzzy Lake was next. The flooding problems will be detrimental to those residents homesteads. Sixty-three signatures were presented representing those who oppose this proposed change. The current pond is spring-fed and do the Speedway officials know that? How will that be addressed? Have there been studies on where the water will go? Answer: this is being looked into. Al Freidl of SR 44 asked about various zoning sections bordering residential sections. Is there a buffer zone between the high activity zone of the highway intersection and the residential zone? If the answer is no, then it would be harmful to the neighbors. Mr. Mahood, Zoning Inspector, explained that the area in question is zoned C-3 to R-O and would be considered a transition or buffer area. Mike Kerrigan asked about what expanded offerings means in terms of service to the township? Also what have traffic studies found in regard to the impact of increased vehicles? Thirdly, he asked if Speedway intends to improve the current building if the proposed re-zoning and expansion is denied? Grab-N-Go is the type of offerings; ie, pre-made sandwiches and more products. No traffic study or counts have been done. No decision has been made regarding remodeling the current building. Linda Mansfield of Lynn Road is concerned about congested traffic at the intersection because the current truck traffic from Wendy s is already a problem. The fumes are a big concern and that has not been addressed. Wayne Schaeffer of Brown Road of East Muzzy Lake Corporation had a question about need. With both the east and west exits from Rootstown having truck fueling stations, is this really a need? Has Speedway entertained any improvements without adding the diesel area for semi s? Yes, Mr. Hershberger said that Speedway feels there is a need. Again, no discussion has been begun about changes without the diesel addition. Rich Kolehmainen of Seifer Drive asked about a financial feasibility study; ie, how many cars being servicing today as compared to the proposed amount? And, trucks as well? He feels that will be the base line to approval. A projection of 75 trucks per day, Mr. Hershberger said. Martha McClelland of Hardin Road asked whose responsibility it is to do a traffic study? Mrs. Henry feels it is the responsibility of Speedway. Marcus Tate of Lynn Road gave pictures of some flooding to the zoning commission members. The traffic turning into the Speedway will probably take up both lanes and he would hope it would not block his driveway entrance. Exiting truck traffic from Wendy s already slows down the through traffic. Lighting is also a concern. Fuel spills and potential fires is also a concern. Jane Schaeffer of Brown Road asked about traffic studies. She wants to know why a traffic study has not been asked for? It had been discussed but not asked for, per Mrs. Henry. Barb Zoller of Hardin Road of East Muzzy Lake Development asked how financially feasible will it be to service 75 semi trucks per day (which equals 3 per hour)? Also, she feels with the positive improvements in the township from NEOMed, the negative things associated with the proposed change are not needed.

4 Mr. Kovach asked about the amount of semi s again. He remembers that at last month s question and answer meeting, 66 per day was the amount reported to be an average and now 75 was given. Sandra Woolf feels that Speedway has not provided the required information to the board and the residents and they want approval without many of those details. She feels those items need addressed prior to these meetings to sell the whole idea. Mr. Hershberger stated that they had done due diligence regarding pavement concerns, etc. with both the Zoning Inspector and Road Supervisor. Speedway officials were not in control of the flooding issues of years past. Wayne Schaeffer asked about a topographical study. He showed the lowest point of Muzzy Lake on the map. The current pipe size is not handling the run-off from the area. He asked where the proposed basin drain is on the map? It will connect to the current one, according to Mr. Hershberger. A follow-up question from Rich Kolehmainen. How can anyone make a decision on this without a traffic study? Speedway has made some projections of traffic but Mr. Hershberger did not have them. A resident of Brown Road asked the zoning commission about the hardship needed for re-zoning as mentioned in the letter to the Zoning Commission. Mr. Mahood explained the hardship clause is for variances. He stated that all information given by Speedway is factored into the voting decisions. The Portage County Regional Planning Commission also reviews the plans and provides input. Before a final approval is given, the trustees will also review the findings. Shari Hayes is the neighbor on two sides of the proposed area. She feels that the 24/7 business will be projecting stadium-like lights onto her property. Also if they put another retention pond behind her property it will flood her back yard and basically make an island. They will not be good neighbors! Noise, lights, air pollution, dumpsters, etc. are not what she wants in that residential neighborhood. LED lighting is much more directional, explained Mr. Hershberger, and can have shields on certain sides if needed. Excess traffic is the biggest concern, and if it s not broke, don t fix it was another township resident s statement. Mr. Hershberger asked the residents to provide their name & number on the display map to indicate where they have flooding. That way they may be able to talk to the conservation district and investigate the problem before a vote by the zoning commission. Mrs. Henry introduced Chris Meduri, the township s legal counsel. He explained that the trustees are the final authority to approve or deny the proposed change. The zoning commission recommends to the trustees its vote after listening to all information presented and taking into consideration Regional Planning s findings. George Tishma made a motion to approve the application of Speedway to purchase and re-zone the Lynn Road properties. The motion died from a lack of a second. George Tishma made a motion to deny the application request of Speedway to purchase and re-zone the Lynn Road properties. Portage County Regional Planning

5 Commission has recommended denying the application. Bob Moses seconded the motion. VOTING AS FOLLOW: Swauger, YES; Brown, YES; Tishma, YES; Moses, YES; and Henry, YES. PASSED 5/0 This will now be forwarded to the trustees for their action at an advertised public hearing. Mr. Hershberger again asked the residents that are concerned about flooding to provide their information to him so they may investigate and find solutions. Todd Peetz, Portage County Regional Planning Commission, provided some pages to the zoning commission members which suggested potential changes that may be voted upon for the Zoning Regulation update. George Tishma made a motion to adjourn. Steve Brown seconded it and all ayes were heard. Township Karen Henry, Chair Zoning Commission of Rootstown