The Rootstown Township Zoning Commission met in regular session on Tuesday, February 7, 2017, at 7:00 p.m. at Rootstown Town Hall. Present: Rob Swauger, Chair Absent: Stan Dannemiller Theresa Summers, Vice Chair Steve Brown Roger Carpenter Also present: Mark Tirpak, Zoning Inspector Jordan Michael, Secretary Joe Paulus, Trustee Chris Meduri, Assistant County Prosecutor Todd Peetz, Portage County Regional Planning Audience: See attached list Chair Rob Swauger called the meeting to order at 7:01 p.m. and asked everyone to stand for the Pledge of Allegiance. Rob asked for any additions or corrections to the minutes. None were heard. Steve Brown made a motion to approve the January meeting minutes as written. Vice Chair Theresa Summers seconded the motion. All were in favor and the motion was passed 4-0. Rob called on David Bosko, chair of the Park Commission. Mr. Bosko said he approached the trustees and was told they cannot create a park district, because that is a separate entity from zoning. The commission will discuss what facilities they would like to see in the township park, and will then come back to this board. Secretary Jordan Michael introduced Chris Meduri, Assistant County Prosecutor. The Zoning Commission and ZBA had sought his input regarding the definition of "professional office". Mr. Meduri said he agrees with the ZBA's interpretation and it is fairly well defined in the zoning book. Theresa said that the board was also confused about the latest updates on Muzzy Lake. Mr. Meduri said there was a meeting at Regional Planning that he attended. He advised that if there is a moratorium on building, it cannot be indefinite. The book needs to be amended in order for them to build. Zoning inspector Mark Tirpak added that Sandy Lake and
Sappwood Shores have submitted their surveys. As advised by Chris Meduri, the trustees will adopt a resolution accepting these as non-recorded documents and as a tool that the Zoning Commission can use to create a district. Todd Peetz, from Portage County Regional Planning, said the final survey for East Muzzy Lake will not be done for another two or three months, according to the surveyor. Once he has the surveys he will work on creating districts, and once the zoning is in place they can go through the recording process. Audience member Pat Gintert, a resident of Sandy Lake Inc., said their maps were stamped by the County Engineer. Mr. Peetz said the Recorder's office has nothing recorded for them. Trustee Joe Paulus asked what the hold-up is with getting them recorded. He is concerned about making a resolution on something that is not yet finished. Mark said the surveys are finished with the lot lines on them. Not every lot will be conforming, but even 75 percent will be better than what they have now. Sandy Lake will be different because some of the houses are on a dedicated road. Mr. Peetz introduced PCRPC's new planner, Patrick Holland. He is working on architectural review guidelines. They have talked to local architects who are interested in being on a steering committee to review and strengthen these guidelines. They are still seeking funding to create a pattern book. Shalersville is also moving forward and will use some of Anderson Township's guidelines. Regional Planning should have something ready to show people by May. Feedback was received from Regional Planning and the Prosecutor on the proposed zoning amendments. Theresa said Chapter 330 was brought up for removal because it was never completed. No further discussion. No discussion on the amendments to Section 620.06. On Section 150.02, alternative definitions were offered for "wholesaler". Feedback was negative on adding Section 310.14, "Homeowners' Association". Theresa said that some people do not have homeowners' associations. Mr. Meduri said homeowners' association rules are contracted, private property rules, whereas the zoning code is law. If a violation of law is found, it must be enforced. Mark said the presidents will call him because they do not want to be the bad guy. Mr. Meduri said an in-house policy requiring a written complaint is fine. The board agreed to remove this amendment from consideration. Theresa made a motion for Chapter 330, Section 150.02, and Section 620.06 D to set up for a public hearing. Theresa added to her motion to accept the recommendation to delete the proposed addition of Section 310.14. Roger Carpenter seconded the motion. A vote was taken as follows: Steve-yes, Roger-yes, Theresa-yes, Rob-yes. The motion was passed 4-0. Theresa asked Mr. Peetz if he has seen the architectural guidelines for Liberty Township. Mr. Peetz said they may have included it as an example. Theresa asked if these guidelines are difficult for townships to litigate. Mr. Meduri said most of what he has already seen in townships is preserving an existing historic district. His concern is with mandating an architectural style that is not consistent with the character of the area. It can be suggested during site plan review. Theresa asked if it is separate from the Zoning Resolution or included with it. Mr. Peetz said Shalersville is planning to create a new section of their zoning code. Rob said we are trying to include NEOMED and the commercial areas on Tallmadge Road and 44. Mr. Meduri said the more discretion and flexibility, the better. Rob
said they have an architect as a consultant but will do most of the legwork on their own. They will not mandate materials, just requesting a look. Theresa asked Mr. Peetz if Regional Planning is incorporating signage. Mr. Peetz said they are including signage, lighting, and pedestrian features such as benches. The goal is to make people feel comfortable in their environment. He will send a copy of Anderson Township's guidelines to the commission. Rob opened the floor to the audience. An audience member said he had heard Stace Schumann's permit is being revoked for his towing business. Mark said he never had a permit and was turned down twice by the Zoning Board of Appeals. Troy Cutright (ZBA chairman) said Mr. Schumann had been issued violations before he came to the ZBA. Mark said he originally opened a retail store for safety equipment, which is permitted, and is only in violation for the impound lot. The audience member said things like this should be in writing and not left open to interpretation. Another audience member asked what permits Mr. Schumann was issued in 2015. Mark said a retail permit and sign permit, with a stipulation of no outside parking and no wrecked vehicles. Rob said he also came to this board to discuss relocating. Roger said towing regulations are in the book now. Audience member Woodie Goodnight informed the board that ODOT is planning to take his building down in the next 6 to 8 months. He has looked at several new sites and wants to build a restaurant out of storage containers, with siding or some other coverage. He showed the commission members a picture of his concept. Rob asked Mr. Goodnight how soon he needs a decision. Mr. Goodnight said he is looking at possibly being out of his place toward the end of June or July. His goal is to stay on State Route 44. Theresa asked if a roof can be added to a shipping container. Mr. Goodnight said yes. Mr. Meduri said there is no discretion on the 30-day time limit for containers in Section 230.06. Mr. Goodnight said using a container would be about one-third the cost of a building. Rob said we can discuss it next month. Discussion on amending Section 480.03 C, regarding height of previous wind energy towers, had previously been tabled. It contains an incomplete reference to another section of the zoning resolution. Mr. Peetz said the section was originally meant to include a density bonus, which Rootstown chose not to include. He believes the reference should be to Section 480.05. Rob suggested that this be sent to Mr. Peetz and Mr. Meduri for review. Mark said this is only for adding a wind turbine to an existing tower and whether it meets the setback requirements. Theresa made a motion to amend Section 480.03 C1 to say "A wind turbine may be attached to an existing tower, providing that the tower is designed to accommodate the wind turbine and in compliance with Section 480.05.", and to send this to Regional Planning and the Prosecutor. Roger seconded the motion. All were in favor and the motion was passed 4-0. Joe suggested that the commission consider the shadow pollution created by the blades of a wind turbine. There is research that the shadow can fall on another resident's home. Rob said we could also consider migratory patterns of birds. Mr. Peetz agreed that shadow flicker is a problem. Rob asked if the turbine owner would have to provide a study. Mr. Peetz said that is more of a private issue, unless it is a conditional use that goes through the
BZA. Mr. Cutright said his board could put conditions on them. Rob decided to table the discussion. Jordan reported an issue with residents taking advantage of the agricultural use exemption and asked the commission to clarify the requirements. Mark said he wants an applicant to prove that they either have CAUV or meet the Ohio Revised Code requirements for agriculture, such as showing Schedule F on their taxes. Theresa asked if it would be legal to ask someone to produce their Schedule F. Mr. Meduri said you can ask, but cannot make them. An audience member asked if the resident in question could be forced to tear down their building. Mr. Meduri said possibly if it was intentional, but generally not if it was an innocent mistake. Steve said he found a document with CAUV requirements that he will share. Rob tabled this discussion until the next meeting. Theresa made a motion to adjourn the meeting. Roger seconded the motion. All were in favor and the meeting was adjourned at 8:32 p.m. Rob Swauger, Chair Rootstown Township Zoning Commission Section 150.02 Definitions The following definition is to be added in this section: WHOLESALER: A person or firm that buys large quantities of goods from various producers or vendors, warehouses them, and resells them to retailers, but not to final consumers. Chapter 330 Planned Commercial Overlay District This chapter is proposed to be removed from the Rootstown Township Zoning Resolution.
Section 620.06 A Development Plan Review Procedures Section 620.06 A Existing: A. Review by the Zoning Commission, Others. The Zoning Inspector shall review the submitted application for completeness in accordance with Section 610.04, and when determined complete shall distribute the application according to the following: 1. Review by Zoning Commission. a. The Zoning Inspector shall distribute all applications for development plan review to the Zoning Commission. b. The Zoning Commission may request that the applicant supply additional information deemed necessary to adequately review and evaluate the proposed development. c. The Zoning Commission shall review the proposed general development plan at one or more of its public meetings. 1. Review by Rootstown Township Fire Department and Other Public Entities. The application may be transmitted to appropriate township departments and other public agencies for review and comment. Any reports or comments shall be compiled and reviewed by the Zoning Inspector and transmitted to the Zoning Commission prior to the time of the Commission's review. 2. Review by Consultants. The application may be transmitted to appropriate professional consultants for review and comment. Any reports, comments, or expert opinions shall be compiled and reviewed by the Zoning Inspector and transmitted to the Zoning Commission prior to the time of the Commission's review. The cost of the review by the consultant shall be the expense of the applicant. Section 620.06 A Proposed (shown in bold): A. Review by the Zoning Commission, Others. The Zoning Inspector shall review the submitted application for completeness in accordance with Section 610.04, and when determined complete shall distribute the application according to the following: 1. Review by Zoning Comission. a. The Zoning Inspector shall distribute all applications for development plan review to the Zoning Commission. b. The Zoning Commission may request that the applicant supply additional information deemed necessary to adequately review and evaluate the proposed development.
c. The Zoning Commission shall review the proposed general development plan at one or more of its public meetings. d. The Zoning Commission shall hold a public hearing on the application. Notice of such public hearing shall be given by first class mail to property owners within 500 feet of the property line of the property on which the use is proposed and to adjacent property owners other than the applicant regardless of the distance when the applicant owns separate parcel(s) within the 500 feet radius. A "certificate of mailing" shall be obtained from the post office for each mailing. Further notice shall be given in one or more newspapers of general circulation in the Township at least 10 days before the date of said public hearing. All notices shall set forth the time and place of the public hearing and the nature of the proposed development plan. Failure of delivery of such notice shall not invalidate action taken on such application. 1. Review by Rootstown Township Fire Department and Other Public Entities. The application may be transmitted to appropriate township departments and other public agencies for review and comment. Any reports or comments shall be compiled and reviewed by the Zoning Inspector and transmitted to the Zoning Commission prior to the time of the Commission's review. 2. Review by Consultants. The application may be transmitted to appropriate professional consultants for review and comment. Any reports, comments, or expert opinions shall be compiled and reviewed by the Zoning Inspector and transmitted to the Zoning Commission prior to the time of the Commission's review. The cost of the review by the consultant shall be the expense of the applicant. Section 310.14 Homeowners Association The president of the homeowners association must enforce the homeowners association guidelines prior to contacting zoning inspectors to rectify a homeowners association violation that is reflected in the Rootstown Township Zoning Resolution.