The regular meeting of the ROOTSTOWN ZONING BOARD OF APPEALS was held on Tuesday, November 6, 2018 at 7:00 P.M. at the Rootstown Town Hall.

Transcription

1 The regular meeting of the ROOTSTOWN ZONING BOARD OF APPEALS was held on Tuesday, November 6, 2018 at 7:00 P.M. at the Rootstown Town Hall. Those present: Troy Cutright Michael Szabo Derek Ball Gary Slocum Brian Kinter Those absent: Ralph Paulus Also in attendance: Zoning Inspector, Mark Tirpak ZBA Secretary, Jordan Michael Mr. Cutright called the meeting to order. Mr. Cutright introduced the Board members and explained the evening's procedures. Resolution ZBA Mr. Szabo made a motion to accept the last meeting s minutes. Mr. Slocum seconded the motion. A vote was taken as follows: Slocum - Yes Kinter - Yes Ball - Yes Szabo - Yes Cutright - Yes. The motion carried by a vote of 5/0. The first and only item on the agenda was an appeal regarding interpretation of the Zoning Code for a proposed building at the corner of Lynn Road & John Smith Road in a C-2 district, submitted by: Anthony & Jill Luketic 4534 New Milford Road Rootstown, OH Mr. Cutright swore in Mr. Luketic. Mr. Luketic said tonight s focus is not about height or trash enclosures but about whether or not the C-2 district can

2 ROOTSTOWN ZONING BOARD OF APPEALS November 6, 2018 Page 2 accept the building that is being proposed. C-2 is the appropriate zoning for that particular parcel. It is up against the interstate and is the best use for that piece of property. What the architect has proposed is an industrial use being put into a C-2 district. There has been a mistake made and we are looking for a review of that information. Mr. Luketic read his letter of appeal to the Zoning Board of Appeals. Alleged error #1: The building use has been verbally approved for the C-2 district under the category of auto service station Section E2. (Note that after a public records request, no dated documentation of such approval by the Zoning Inspector has been forwarded.) The proposed business more closely resembles light manufacturing, assembly of previously manufactured supplies, Section E5. Alleged error #2: If it is determined that the business fits the same category as an auto service station, then it must be determined why the most current version of the zoning code dated is not being utilized. This current code classifies the auto service station as a conditionally permitted use. (Note that after a public records request, no dated documentation of the zoning application has been forwarded.) A letter sent by the project architect to the zoning office requesting multiple variances and dated has been obtained. Mr. Luketic said he is not trying to change the zoning from the current C-2 district. We have had two meetings already for variances on dumpsters and height. The dumpsters were taken off the table, and the height was approved. 27 families within 500 feet of this business have been notified. The proposed building is 32,000 square feet with a possible expansion of another 32,000 square feet, with 36 parking spaces for tractor trailer rigs in the back and 35 parking spaces for employees in the front. There is also a large area for a retention basin across the front, and it happens to fall out directly across from two houses that are currently existing. The C-2 district is adjacent to an R-1 district. This Shur-Co building is currently existing in Ravenna and the pictures are not flattering of what is there right now. His suspicion is that there are bunks of steel inside and outside, that are cut to fit to support the tarps, there are rolls of fabric that are cut to fit a particular trailer, and that fabric is stitched and welded and put together to fabricate the tarp. The goals here are to protect the residential investments that are already in place, to maintain or improve the quality of our neighborhood, and to follow the adopted code. There are other tarp companies in Portage County, both similar to Shur-Co and in the adjacent township of Brimfield. Both of them are in light industrial districts. On the title page of Shur-Co s website, they

3 ROOTSTOWN ZONING BOARD OF APPEALS November 6, 2018 Page 3 refer to themselves as a manufacturer. Shur-Co has 10 facilities that do this same operation and 9 out of 10 are located in industrial zones. The code data on the drawings says the project description is tarp manufacturing and it falls under low-hazard industrial. The floor plan includes a fabrication area. It was submitted as F use (factory and industrial) under the building code. Section G says C-2 has to be adequately served by major streets and can permit limited outdoor activities in areas that are screened from view. Section states any use not specifically listed as either permitted principal or conditional use shall be prohibited. You have to believe that it is an auto service station for it to fit in that category. Mr. Luketic read the definition for automobile service station. He said we are hanging our hat on tarps being considered motor vehicle accessories. It is a pretty generic term, but it does not mean it is automatically an industrial use. In chapter 370, the industrial district regulations, it talks about auto truck, truck terminal, and nowhere does it say auto service station. At the very beginning of the definition chapter, it says, Words used in this resolution are used in their ordinary English usage. Therefore, automobile means automobile. He read the Webster s definition for automobile, and the zoning definition for small motor vehicles, large motor vehicles and manufacturing, light. He said manufacturing and industrial relate to each other. Light manufacturing is defined as an industrial use. In the industrial district there is a category for light manufacturing, assembly of previous manufactured supplies. We are assembling previous manufactured supplies and fit perfectly in a category in the industrial district. He is not trying to hammer the zoning inspector. This is just that it is so important to get this right and he thinks a mistake was made. He asked how this facility will be used, if anything about this building is going to be detrimental to the neighbors fumes, noise how much traffic the business is going to generate, how many shifts will be worked, if any consultants have been contacted to help reinforce the fact that this proposed business is indeed an auto service station, if there are any written opinions from the prosecutor, and if anyone has referenced the planner s guide, if anyone on this board has visited the facility, and what is going to happen with the rest of the property. Only a quarter of the 40 acres is being utilized and it is the closest section to the R-1 district. He asked if we are now setting a precedent that would allow a tractor trailer car wash, tractor trailer repair, or another company similar to Tarpco. Nowhere in the zoning code does it say the C-2 district is more important than the R-1 district. C-2 should not take precedence just because they are up in front of this board right now. Nowhere does it say that a

4 ROOTSTOWN ZONING BOARD OF APPEALS November 6, 2018 Page 4 business coming into town should take precedence over houses that have been in place for 30 or more years. He is not against development and thinks Shur-Co would be great for Rootstown Township, it is just in the wrong place. This board needs to think about why they live in Rootstown. He lives in Rootstown because of the good schools, safe neighborhoods, essential goods and other facilities, and would not say because Shur-Co is on our street. Mr. Cutright swore in Scot Fuhrman, 2762 SW Lake Terrace, Palm City, FL Mr. Szabo asked Mr. Fuhrman to walk them through what happens at their building. Mr. Fuhrman said their customer service would ask the customer what type of vehicle and what they are carrying, to help steer them toward the proper type of covering. Sometimes they want parts or a repair to their tarp system, or to install a new tarp system. We will schedule that and have the truck brought over. Mr. Szabo asked if these are already pre-kitted. Mr. Fuhrman said we bring those in and do not manufacture them here. Our manufacturing centers are in South Dakota and Florida. From those locations, we ship the parts to our branch in pallet loads. We send in a lot of finished tarps that are ready to go. We send some in where the sides are finished but the ends may not be. We call that manufacturing, but at the branch level that is the extent of it. Mr. Szabo asked if the railing system is just tubes that are cut to length. Mr. Fuhrman said yes, they are brought in swedged at one end and have a couple different lengths. Mr. Szabo asked if they weld on site. Mr. Fuhrman said they do some welding but not a lot. Mr. Szabo asked if no product would be manufactured at this facility. Mr. Fuhrman said no. Mr. Ball had no questions. Mr. Kinter had no questions. Mr. Slocum asked Mr. Fuhrman if they sell wholesale or retail. Mr. Fuhrman said both. Mainly they sell to trailer manufacturers and through distributors. They have some walk-in retail but their primary focus is the original equipment manufacturers and distributors. Mr. Slocum asked if there are situations where they would deliver to the final customer. Mr. Fuhrman said they do not run a delivery truck. Mr. Slocum asked if someone can take a vehicle and pay at the spot. Mr. Fuhrman said yes. Mr. Slocum asked Mr. Fuhrman if he knows the standard occupational classification that they file with the federal government. Mr. Fuhrman said he does not. Mr. Slocum

5 ROOTSTOWN ZONING BOARD OF APPEALS November 6, 2018 Page 5 asked if they generate dust, smoke, fumes, glare or odor. Mr. Fuhrman said no more dust than any other business, and none of the others. Mr. Slocum asked Mr. Luketic what he thinks the relationship is between Brimfield zoning and Rootstown zoning. Mr. Luketic said they are adjacent townships with similar use groups. He could have brought up the city of Ravenna, which is where Shur-Co is now; they are also an industrial use. Mr. Slocum asked what the relationship is between code data and zoning. Mr. Luketic said zoning is looking primarily at the building use, height, and position on the site. The building codes are looking at everything else associated with the building. Mr. Luketic asked what they are using 5200 square feet of mezzanine for. Mr. Fuhrman said a lot of the trailers, they have to create a seal on the end of the trailer. They have aluminum or fabric caps that are formed to fit any number of shapes of front ends to get a proper seal. They manufacture these in Yankton. They are lightweight but they take up a lot of space, so they keep those on hand to have an assortment and store them out of the way. Mr. Cutright said the architect might have stated that there were sewing machines up there. Mr. Fuhrman said in our current facility they have just a wood frame with some interchangeable pieces that they can put on it. They can lay a piece of fabric over the top and cut it. Mr. Luketic asked if Mr. Fuhrman knows what the balance of the 40 acres will be used for. Mr. Fuhrman said right now that is to be determined. Mr. Luketic asked if it is all being presented as part of this project. Mr. Tirpak said no it is not. Mr. Luketic asked if there is a subdivision in this parcel. Mr. Tirpak said yes, we have the legal description. The C-2 district goes to the other side of the railroad tracks. To the right is industrial property, so it doesn t just abut R-1. Mr. Slocum said under C-2, we have conditional pretty much listed for everything under automotive use. He asked what the difference is between conditional and permitted. Mr. Tirpak said they started this process in March of At that point in time, the auto service station was a permitted use. It since has been changed, but that did not happen until September. There were numerous meetings because it was permitted. We realized there was going to be a variance application, so they had to do preliminary drawings. In April we met with the Portage Development Board and went over if this building would fit, what they would have to do, and grants were secured for Lynn Road to bring it up to an 80,000-pound road. Some were around $150,000 at this point. Shur-Co and the Portage Development Board attended a trustee

6 ROOTSTOWN ZONING BOARD OF APPEALS November 6, 2018 Page 6 meeting to secure an Enterprise Zone Agreement. We feel Mr. Luketic had 20 days to appeal the decision at that time because it was a public meeting. That was June 12, On June 28 th at a trustee meeting, the Enterprise Zone Agreement was approved by Portage County Commissioners, again at a public meeting. There were 20 days to appeal that decision; no word from anybody. The first drawings submitted for the ZBA, which required the height variance, were submitted on July 11, On 7-13 we had a preapplication meeting to go over the variance procedures, and at that point in time they wanted to screen the dumpsters with pine trees instead of the fence. They have since removed that and are going to put the fence around it. On 7-24 the trustees approved the zoning amendment, changing the permitted use in the C-2 district to conditional. 30 days after that, it takes effect. Mr. Slocum asked Mr. Tirpak to explain the difference between permitted and conditional. Mr. Tirpak said for permitted, there is a column that comes down that we review; there isn t a hearing other than a site plan review, which goes to the Zoning Commission, which comes up in two weeks. The Portage County Prosecutor s Office ruled that because they started the process way back in June, if you change something in the middle that s not fair to anybody. There is no application at this point in time for the building because they did not get their site plan approved. After they get their site plan approved, they will submit the application; we will collect the fee and issue the permit. Permitted does not come before the ZBA. Mr. Cutright said conditions we can put are fencing location, lighting, anything like that if it is not covered in the book. Mr. Luketic asked if there is a time limit on correcting a mistake that was made months ago, built upon over and over again, if it is ever too late to go back and fix that mistake, if there is a chance in this board s mind that a mistake was made based on the category that this building has been placed under, and how many people were involved in making that decision. Mr. Cutright said all of the categories would be gray in his opinion, but at least we have help because of our professionals at the county level. Mr. Tirpak said the automobile service station is just a tab. The definition starts after that. Auto service station is what you look up to find it under the permitted uses. Mr. Cutright said he has consulted our attorney to get the definition. Mr. Slocum asked if it is true that, prior to 2005, that piece of land was zoned L-I. Mr. Tirpak said yes. Mr. Cutright said they cannot do much about

7 ROOTSTOWN ZONING BOARD OF APPEALS November 6, 2018 Page 7 traffic concerns. Mr. Luketic said that was not a question for tonight. It was meant to be whether the zoning inspector has asked all of these questions in order to put it in the right category. Mr. Cutright asked Mr. Tirpak if he is allowed to ask about traffic. Mr. Tirpak said that has already been answered. It is an Enterprise Zone approved by the Trustees. They accepted money for $150,000 to upgrade the road to an 80,000-pound road. Mr. Luketic said it is still possibly based on a mistake. He supposes that somebody found the property instead of going the opposite direction and finding a spot in the zoning code where that would work. No one is going to check that when it is all pluses for everyone involved. It is good for the township to bring more tax dollars in, but not at the expense of ignoring what the intent of the code is. Mr. Tirpak said that is an attack on his integrity. He does not live in Rootstown, he was hired by the Trustees to be impartial to everyone here. He lives less than a mile from Shur-Co in Ravenna and is losing tax dollars. He owns 60 acres of commercial property and could have approached Shur- Co. They came to Rootstown Township and had a specific property in mind. They came to us, we looked, they explained the situation, and we made a determination that it was an accessory to a truck. They were not manufacturing pulleys, loaders, cables, pipes, or the tarp material on-site. The truck and trailer were not being built there. He discussed it with Jordan, the Trustees, and our legal representatives. Mr. Szabo asked if there is anything in zoning that defines the hours of operation for a business. Mr. Cutright said if it was a conditional use, we could put that on there. Mr. Fuhrman said they just run a single shift. The hours are posted. Mr. Cutright said he has visited the Ravenna site. He told Mr. Fuhrman he would appreciate if it was kept a bit neater. This was after they were approved, not before. We all live here and are not going to put blinders on just to ignore it. Mr. Luketic asked if they have any written opinion from the Prosecutor s office or a written statement from the Trustees or anyone else who was involved in this decision. Mr. Cutright said he has just read past minutes. He does not have any correspondence. Mr. Slocum said he has not talked to the prosecutor but was under the understanding that the zoning people had a conversation with them. He called Todd Peetz at Regional Planning to come up with rationale for a definition, and was told to look at the purpose. Mr. Luketic said he talked to a past chairman of the Planning Commission, Doug

8 ROOTSTOWN ZONING BOARD OF APPEALS November 6, 2018 Page 8 McGee, and another planner. He has not asked for legal assistance but both of them said this is shaky. Mr. Cutright asked if they work for cities or something smaller. Mr. Luketic said they most recently worked on a zoning code change in North Canton. Doug McGee is a Brady Lake resident that used to be chairman of the Regional Planning board in Portage County. Mr. Cutright swore in Jack Kohl, 8111 Peck Road, Ravenna. Mr. Kohl said he is a real estate broker and has worked with Shur-Co for about three years on this project. They have looked in three counties for the right site. He also put them in Ravenna 25 years ago. They want to be in Portage County and this area because of the manufacturers that are here, plus the amount of truck traffic and industry we have here. We looked at this site, noticed what the zoning was, and the size and location fit what we were looking for. We came on March 8 th and met with Jordan and Mark. They gave us an answer and felt it would fit in the C-2 zoning. It wasn t any underhanded backroom deal. When they said it would fit, we went to negotiate with the Baniecki family and purchased the piece of property. We met with the Portage Development Board and talked about truck traffic and that Lynn road would need improved. Brad Ehrhart of the Portage Development Board was able to get a grant both from ODOT and JobsOhio to help improve that road. From there we went to the Trustees in a public meeting to consider a tax abatement on an Enterprise Zone. That was approved and finalized by the County Commissioners at the end of June. Then we started the planning process. Mr. Cutright asked if the Portage Development Board would tell them if they were looking at a wrong piece of property. Mr. Kohl said not necessarily. They are a good resource for us and know sources for funding. We still feel we are a permitted use for the C-2 district. We have enjoyed good support from the Trustees and County Commissioners. There were no objections along the way. Mr. Slocum asked if there were objections, would the Trustees and Zoning Commission have had an opportunity to rezone the area. Mr. Kohl said yes. Mr. Slocum asked if that issue had been raised at the time. Mr. Kohl said yes. Mr. Cutright swore in Tom Nader, 4705 Lynn Road, Rootstown. Mr. Nader said according to local emergency planning commission, their classification is 44131, which is an automotive parts and supply store, selling truck caps. Under the North American Industrial Classification System, there is a for textile bag and canvas mills, which make covers for trucks and trailers. Most government agencies look at the NAICS or SIC code to determine what kind of permitting and regulations each industry must

9 ROOTSTOWN ZONING BOARD OF APPEALS November 6, 2018 Page 9 follow. By classifying it as selling truck caps, there are really no requirements to permit any air emissions, effluent. By them not claiming what s in the building, if there was a fire, the emergency planning commission would have had a plan in place for any possible evacuations. By classifying it as truck cap sales, that doesn t come into play. Your local fire department could roll up to that building not knowing anything going on in that building, because we classify it as a service station, and actually put people in peril to go in and fight that fire. We have a daycare center just west of there. If the prevailing winds go in that direction, maybe those kids could have been evacuated. Being classified as a service station, all of that paperwork will not be put into place. If any trailers coming in have the potential of any residue waste, industrial or hazardous, and by not classifying it in the proper manner, there will be no requirement for Shur-Co to have a stormwater permit, discharge permit or plan in place. He questions if Rootstown has the infrastructure to accept any type of light or heavy industrial in the areas you ve determined. What if one of the trucks has a ruptured fuel tank? Unless it is specified in the plan where there is containment from the asphalt to prevent that from going into groundwater or surface water. There are no storm sewers. Mr. Cutright said that is where the county building officials come in. The fire department makes inspections in almost every building. Some of the other things would be on when they pull the county permit. Mr. Nader asked if we are saying there is never going to be manufacturing there. Mr. Fuhrman said it is not even remotely part of any plan. We just need more room to do what we currently do. Mr. Cutright said the zoning could change so we cannot speculate. Mr. Nader asked if the framework is all steel. Mr. Fuhrman said it is steel and aluminum. Mr. Slocum said we would expect that through Portage County and our local people that they would adequately address OSHA standards and regulations for ventilation. Mr. Fuhrman said our manufacturing locations have welding stations and there are rules for proper air flow and ventilation. That is not what happens here. If there is any occasional welding, it is a tack or a small section. It is not repetitive manufacturing or ongoing welding. Mr. Szabo said most fire departments will pre-plan for an evacuation when a new building goes up or a business comes in. Mr. Cutright swore in Jim Jones, 5548 Akron-Cleveland Road, Peninsula, OH Mr. Jones said he is the general contractor on the job and there is a thousand-gallon oil interceptor tank on-site. Any vehicle parked inside requires an oil interceptor. The final inspection of our drawings, the person

10 ROOTSTOWN ZONING BOARD OF APPEALS November 6, 2018 Page 10 that has the final say at the building department is the fire chief and fire inspector. Mr. Luketic said the interceptor only handles things inside the building. It does not take care of anything in the parking lot. There is still a matter that 9 out of 10 Shur-Co buildings are located in industrial-zoned districts and the two tarp companies closest to us are also located in industrial zones. He asked how Rootstown could be so different than everybody else when it comes to zoning districts, if the grant money has been used yet for the street, and if any tax abatement money has changed hands. He suspects no money has changed hands so there is no reason why we can t go backwards. He asked when it is too late to correct a mistake. Mr. Cutright said he doesn t think it s ever too late. Nothing is a definite answer on the definitions. Mr. Szabo said we do not know why they are on industrial-zoned land in Brimfield. Mr. Slocum said their zoning classifications do not include C-1, C-2 or C-3. Mr. Slocum asked Mr. Fuhrman and Mr. Kohl what happens if this is turned down and Mr. Luketic s appeal was upheld. Mr. Fuhrman said we would prefer not to leave this area. Mr. Slocum asked if the remedy would be to ask the Zoning Commission and Trustees to re-zone. Mr. Fuhrman said absolutely. Mr. Slocum asked what happens to their plans if that takes six months. Mr. Fuhrman said they have already obtained an extension of their lease. Mr. Nader asked if 42 feet is the maximum height or if stacks or air handlers are going to be permitted above that. Mr. Cutright said we can only take the information they provided us. Mr. Slocum said we would use our definition of building height, where it talks about the peak of the gable from the eave, and get the mean average. Mr. Jones said there is another commercial-use tarp company in Streetsboro on 303 that buts directly up to residential. Mr. Luketic said there is no paperwork or documentation to substantiate the dates that we are talking about on when the application was really made and whether it fit under permitted by right or conditional use. There is no log-in sheet, payment receipt, personal appointment book, or legal document to show were those dates came from. To determine, if it is indeed an automobile service station, did it fall under the old code or the new code.

11 ROOTSTOWN ZONING BOARD OF APPEALS November 6, 2018 Page 11 There are a lot of times we talk to zoning departments about what we can do. We do not necessarily hold our place until we are ready to do something. Mr. Slocum said he has no reason to believe this timeline is not correct. Mr. Slocum asked Mr. Luketic if he has received everything he asked for. Mr. Luketic said he thinks he has received everything the zoning board is able to give to him. Mr. Cutright said he is using the dates that were given under testimony, and asked Mr. Luketic if he is sufficient with those answers. Mr. Luketic said he has dates on drawings that were submitted to the zoning board, and those dates are previous to the most recent zoning code. That still does not mean those dates were incorrectly put on the drawing. Mr. Cutright said we have on record that they came to the Trustees and the county before August 1, Mr. Luketic said they could have stepped out at any time. It is still all searching at that point. Mr. Slocum said there are still further approval processes for the plans. Mr. Szabo asked when the clock would have started on this. Mr. Tirpak said whenever they first submitted plans. Mr. Luketic said the variance application was submitted after the zoning change. Mr. Szabo said there is a use issue and variance for the area. The use was already determined to be permitted at that time. Mr. Luketic said no application was submitted. There is no documentation or paperwork; it was conversation. Mr. Tirpak said we have an application for a site plan, but we do not accept their money until it is approved. Mr. Kinter asked if we know why the zoning was amended while this was going on. Mr. Luketic said the only reason an amendment like that would happen is because they did not think it was a good idea to allow a business like that in that area, without a board like yours having a chance to put some extra conditions on it, or deciding that it just does not fit in that area. Mr. Cutright said we have not set any conditions on paper. Mr. Slocum said the only conditions we would have been able to put were due to the height and screening, which they removed from the variance. Mr. Cutright said we gave them ideas that they changed on the prints. Resolution ZBA Mr. Slocum made a motion, based on the information presented tonight, regarding alleged error #1, to uphold the zoning inspector s decision that the appropriate use for this facility is in the C-2 district. Mr. Szabo seconded the motion. A vote was taken as follows:

12 ROOTSTOWN ZONING BOARD OF APPEALS November 6, 2018 Page 12 Slocum - Yes Kinter - No Ball - Yes Szabo - Yes Cutright - Yes. The motion carried by a vote of 4/1. Mr. Cutright asked if any paperwork is filled out that would be similar to the application. Mr. Tirpak said that would be their drawings. If somebody comes down and starts the process, and we change the zoning, the prosecutor ruled that it would be unfair to change something in the middle of the process. The application for the permit will not come until they are approved after the site plan. Mr. Szabo asked what process he would follow if he came to the zoning department and wanted to build a new house. Mr. Tirpak said we would find out what address, what district, go over the setbacks, have them tell us roughly what they want to do. Mr. Szabo asked if his ability to build a house in that district was okay, what would be the next step. Mr. Tirpak said the next step would be to submit a drawing. Mr. Szabo asked Mr. Tirpak if he considers the drawing to be the start date. Mr. Tirpak said yes. Mr. Szabo asked when their drawings were submitted. Mr. Tirpak said July 11 th. Mr. Luketic said we have no documentation that shows that. Resolution ZBA Mr. Szabo made a motion to address the alleged error #2, that the process for zoning started prior to the change in zoning from permitted to conditional. The applicant began their process with the zoning department prior to the adoption of the zoning amendment on and would have taken effect Mr. Ball seconded the motion. A vote was taken as follows: Slocum - Yes Kinter - Yes Ball - Yes Szabo - Yes Cutright - Yes. The motion carried by a vote of 5/0. Mr. Slocum made a motion to adjourn. It was seconded by Mr. Szabo. Mr. Cutright adjourned the meeting. Troy Cutright, Chairman ROOTSTOWN ZONING BOARD OF APPEALS Jordan Michael, Secretary ROOTSTOWN ZONING BOARD OF APPEALS