PIKE TOWNSHIP ZONING COMMISSION HEARING

June 11, 2007 - 7:00 p.m.

7134 East Sparta Avenue S.E., East Sparta, Ohio

 

Members present were Glen Johnstone, David Ross, Ramon Halter and Linda Zaleski, presiding.  Also present was Zoning Inspector, Sharon Perrine and Zoning Secretary, Carol Barto.  David Reeder representing U.S. Ceramic Tile Company  and Attorney William G. Williams of the firm of Krugliak, Wilkins, Griffiths & Daugherty were in attendance.

 

Ms. Zaleski opened the meeting at 7:00 p.m. stating the purpose of the meeting was to review the recommendations of the Stark County Regional Planning Commission in regards to a proposed zone change from I-2 to R-1 and text changes to the Zoning Resolution.  Ms. Zaleski explained, that due to the April 23, 2007 meeting being outside the statutory time limits set forth in ORC 519.12 (A)(2), and on advice of the Township Attorney, Charles Hall, III, the process of making such changes would need to start from the beginning.

 

On May 14, 2007 the Zoning Commission met in a public meeting and in Resolution #07-003 resolved to initiate a zone change from I-2 to R-1 for the area as set forth below, and modified somewhat from the first process.  Also on May 14th in Resolution #07-004 the Commission voted to recommend certain text changes to the Zoning Resolution, with modifications from the first process.  At that time, the above were mailed to Stark County Regional Planning Commission for their recommendations and a hearing was set for June 11, 2007 at 7:00 p.m. to review the RPC’s recommendations.   This Hearing is to review those recommendations from the RPC.

 

Resolution 07-005 - Text Changes (attached)

 

The following text changes, as an amendment to the current Resolution dated November 8, 2000:  #1.  Section Six, Title II, C, (8).  Amend to include an amended subsection (47).  and  #2.   amend Section Seven, Title IV, (A) (47) as follows:

 

(47)    All Sanitary/Demolition/Residual Solid Waste/ Hazardous Waste Landfill sites, must consist of not less than two hundred  (200) acres and  subject to approval of the County Health Department, and State and Federal requirements governing landfills and shall be equipped with an Environmental Protection Agency (FEPA) approved radioactive monitoring system.    All sanitary/Demolition/Residual Solid Waste/ Hazardous Waste landfill operations and work conducted in connection with such permitted operation shall only be permitted during such Hours of Operations as agreed to by the permit holder and the Board of Zoning Appeals and as determined to be for the good of the community.

 

           No Sanitary/Demolition/Residential Solid Waste/ Hazardous Waste Landfill sites shall be located within a two (2) mile radius from the outermost property line of an existing, operating, disbanded or closed site.

 

After open discussion and Board discussion, Ms. Zaleski explained that the Commission had three options:  Approve/Deny/Withdraw the text changes.

 

VOTE:           Ramon Halter, voted to approve the text changes.

 

                        David Ross, voted to approve the text changes.

 

                        Glen Johnstone, voted to approve the text changes.

 

                        Linda Zaleski, voted to approve the text changes.

 

The vote was unanimous to approve the text changes, with modifications, and present them to the Board of Trustees of Pike Township, who will then set a hearing date within thirty (30) days for consideration.

 

 

ZONE CHANGE (I-2 TO R-1)

 

Ms. Zaleski read the legal ad that was published in The Press News May 24, 2007. (attached).  She went on to discuss a public work session (published The Press News - 5/11/2007) that was held Tuesday, May 29 with Robert Nau and Reva Butera of the Stark County Regional Planning; the Pike Township Trustees; The Zoning Commission; and the Board of Zoning Appeals.  In conclusion of much discussion, the RPC recommended that the Commission withdraw the zone change and have the RPC conduct a Land Use study for the area, before taking any action regarding the I-2 area.

 

Attorney Williams, representing U.S. Ceramic Tile Company, strongly recommended that any change in the zoning would be detrimental to the Company selling the plant and adjoining property.  He offered some useful suggestions on the wordage regarding landfills from past experience of serving on a Zoning Commission in another township.

 

After much discussion from U.S. Ceramic Tile representatives and the Board members, Glen Johnstone suggested the zone change be withdrawn and a request be made to RPC to conduct a land use survey. 

 

VOTE:           Ramon Halter, voted to withdraw zone change. 

 

                        David Ross, voted to withdraw zone change.

 

                        Glen Johnstone, voted to withdraw zone change.

 

                        Linda Zaleski, voted to withdraw zone change.

 

The vote was unanimous to withdraw the zone change.

 

 

 

  

OTHER ZONING BUSINESS

 

Ms. Zaleski explained that she had talked to Reva Butera of Regional Planning this morning and her suggestion was to request a land use study even further north than Ullet Street.   Ms. Zaleski stated that RPC had three dates they would be available and those were June 19th, 20th or June 26th or 27th.  Because a legal ad had to be published, the date of Wednesday, June 27th at 7:00 p.m. was established to meet with RPC at the Township Hall. 

 

After discussion it was determined that the Zoning Commission would suggest a land use study for Sections 20 (east of Dueber Ave.), 21, 22, 26 (west of Sandyville Rd.), 27, 28, 29 (east of Dueber Ave.), North to Downing Street and South to the Township line.  Ms. Zaleski asked the Township Secretary to send a confirming letter to RPC of the date and area for the study.

 

Glen Johnstone made a motion to adjourn the meeting.  Seconded by Ramon Halter.  Ms. Zaleski adjourned the meeting at 8:35 p.m.

 

Minutes read and approved:

 

                                                                                                                                               

            Glen Johnstone                                                                        (date)

 

                                                                                                                                               

            David Ross                                                                             (date)

 

                                                                                                                                               

            Ramon Halter                                                                          (date)

 

                                                                                                                                               

            Linda Zaleski                                                                          (date)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

June 12, 2007

 

 

 

Reva Jane Butera

Stark County Regional Planning Commission

201 - 3rd St. N.E. - Suite 201

Canton, OH  44702-1211

 

Dear Mrs. Butera,

 

The Pike Township Zoning Commission, at their meeting, June 11, 2007, voted to withdraw the recommended zone change from I-2 to R-1 and is requesting, at this time, that the RPC proceed with a land use study.  Wednesday, June 27, 2007 has been scheduled to meet with you and Mr. Nau at the Township Hall at 7:00 p.m. to discuss this study with you.

 

The Commission is requesting a study be done on the following area of Pike Township:

 

            Sections 20 (east of Dueber Ave.), 21, 22, 26 (west of Sandyville Rd.), 27, 28, 29             (east of Dueber Ave.), North to Downing Street and South to the Township line. 

            In essence, bordering Sandville Road on the East, Township Line on the South,             Dueber Avenue on the West and Downing Street on the North.

 

The text changes were approved with the following modifications:  (47)  1st  & 2nd sentences & second paragraph:  remove and between Solid Waste and Hazardous Waste and replace with a slash (/).  Also 2nd paragraph, change site to sites.

 

The resolutions will be presented to the Board of Trustees, Monday, June 18 at their regularly scheduled meeting.

 

Thank you for your assistance and recommendations.

 

Sincerely,

 

PIKE TOWNSHIP ZONING COMMISSION

 

 

 

Linda Zaleski, Chairperson


 RESOLUTION NO.  ___07-005____________

 

 

 

            The Pike Township Zone Commission, Pike Township, Stark County, Ohio met in regular session on the 11th  day of June, 2007, with the following members present:

                                   

                        Linda Zaleski, Chairperson

 

                        Glen Johnstone

 

                        David Ross

 

                        Ramon Halter, Vice Chairman

                       

            Glen Johnstone moved the adoption of the following resolution:

 

            WHEREAS, Ohio Revised Code Section 519.12 authorizes a township zoning commission to initiate an Amendment to the existing Township Zoning Resolution; and

 

WHEREAS, the Pike Township Zone Commission, pursuant to the authority of Ohio Revised Code Section 519.12 hereby recommends the following text amendments to the Pike Township Zoning Resolution for review by the Stark County Regional Planning Commission: 

 

SECTION SIX.  Industrial Districts.  Title II.  General Industrial District (I-2)

C.  CONDITIONALLY PERMITTED USES.  [Page 43]

(8)     Sanitary landfill sites subject to subsections (1), (2), (3), (6), (7), (10), (14), (17), (21), (32), (44), ( 47) and (49).

[ adding sub-section (47) , at page 43 ]

 

SECTION SEVEN.  Conditional Use Zoning Certificates.  Title IV. Regulations Pertaining to Conditionally Permissible Uses as Listed in Section 4, Title I (C); Section 4, Title II (C), Section 4, Title III (D); Section 5, title I (C); Section 5, Title II (C); Section 6, Title I (C); and Section 6, Title II (C).

 

(A)  SUBSECTIONS:

 

(47) All Sanitary/Demolition/Residual Solid Waste/Hazardous Waste landfill sites, must consist of not less than two hundred (200) acres and are subject to approval of the County Health Department, and State and Federal requirements governing landfills and shall be equipped with an Environmental Protection Agency (FEPA) approved radioactive monitoring system.  All Sanitary/Demolition/Residual Solid Waste/Hazardous Waste landfill operations and work conducted in connection with such permitted operation shall only be permitted during such hours of operations as agreed to by the permit holder and the Board of Zoning Appeals and as determined for the good of the community.

 

No Sanitary/Demolition/Residual Solid Waste/Hazardous Waste landfill sites shall be located within a two (2) mile radius from the outermost property line of an existing, operating, disbanded or closed site.

      

[ revising text of sub-section 47, at page 55  to be consistent with sub-section 6, at page 49 ]           

            Mr.  Halter seconded the motion and upon roll call, the vote resulted as follows:

 

                        Linda Zaleski, Chairperson                             YES

 

                        David Ross                                                     YES

 

                        Glen Johnstone                                                YES

 

                        Ramon Halter                                                  YES

 

 

 

 

 

 

 

 

 

 


 

ADOPTED:     June 11, 2007.

 

            I, Linda Zaleski, Chairperson of the Pike Township Zone Commission, Pike Township, Stark County, Ohio, do hereby certify that the foregoing is taken and copied from the original resolution now on file, and that the foregoing has been compared by me with said original resolution, and that the same is a true and correct copy thereof.

 

            WITNESS my signature this _____ day of _______________, 2007.

 

                                                                        _________________________________

                                                                        Linda Zaleski

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

June 12, 2007

 

 

 

PIKE TOWNSHIP TRUSTEES

7134 East Sparta Avenue S.E.

East Sparta, OH  44626

 

Dear Mr. Baum, Mr. Anstine & Mr. Strad,

 

The Pike Township Zoning Commission, at their meeting, June 11, 2007, voted to withdraw the recommended zone change from I-2 to R-1 and is requesting, at this time, that the RPC proceed with a land use study.  Wednesday, June 27, 2007 has been scheduled to meet with Mrs. Butera and Mr. Nau at the Township Hall at 7:00 p.m. to discuss this study with you.

 

The Commission is requesting a study be done on the following area of Pike Township:

 

            Sections 20 (east of Dueber Ave.), 21, 22, 26 (west of Sandyville Rd.), 27, 28, 29             (east of Dueber Ave.), North to Downing Street and South to the Township line. 

            In essence, bordering Sandville Road on the East, Township Line on the South,             Dueber Avenue on the West and Downing Street on the North.

 

The text changes were approved with the following modifications:  (47)  1st  & 2nd sentences & second paragraph:  remove and between Solid Waste and Hazardous Waste and replace with a slash (/).  Also 2nd paragraph, change site to sites.

 

The resolutions are presented to the Board of Trustees, Monday, June 18 at their regularly scheduled meeting.  The Trustees must schedule a Hearing before July 18, 2007 to consider these changes.

 

Thank you for your assistance and recommendations.

 

Sincerely,

 

PIKE TOWNSHIP ZONING COMMISSION

 

 

 

Linda Zaleski, Chairperson