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Boston Heights Overlook

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On the agenda of the 03 December 2003 7PM meeting of the Planning Commission and Board of Zoning Appeals for the Village of Boston Heights, Ohio

Workshop: Sewer extension to The Manor
Informational workshop for Olde 8 residents along the proposed sewer line.
Presentation by Village Engineer Steve Schreiber; see below.
Liberty Harley-Davidson
Requesting approval of elevated sign at Hines Hill and Route 8.
Approved by Board of Zoning Appeals; see below.
Omni Realty Company
Proposing an ordinance for rezoning for mixed use (commercial/residential) development along Boston Mills Rd.
Reviewed by Planning Commission; see below.
Robert & Jenny Belcher
Request for variance: number of horses stabled at 6421 Chittenden Road.
Tabled by BZA; see below.
Earl Bartell - Strimple-Kallstrom-Bartell Insurance
New business(es) and signage at 6701 Chittenden Road.
Use approved by Planning Commission, sign tabled by BZA; see below.
Final approvals for two new subdivisions
Annabelle Lake Estates (on Walters Road) and Meghan's Lane (on Olde 8 Road).
Reviewed by Planning Commission; see below.

General Notes
Another crowd turned out to hear about the proposed Olde 8 sanitary sewer as well as the next chapter of the Omni proposal for rezoning and development along Hines Hill and (principally) along Boston Mills Road.
Solicitor Russ Pry sat in on the Planning Commission meeting, along with Mr. Ed Muse.
The Planning Commission (PC), all present except for Mr. Scott Carter, approved the minutes of their previous meeting.
The Board of Zoning Appeals (BZA), all present but Mr. Ed Fetko, corrected and approved the minutes of the previous meeting.

Workshop: Sewer extension to "Meghan's Lane" (aka "The Manor")
Village Engineer Steve Schreiber introduced Bob Hasenyager of the Summit County Health Department. These gentlemen explained the planned sewer extension down Olde Eight Road from Twinsburg Road to the future subdivision called "Meghan's Lane", (aka "The Manor", née "Donley Farm"). Because this is now to be a gravity sewer (rather than a forced/pumped main), homeowners along the line may be someday required to tap in, abandoning their septic systems. This would apply to homes with foundations within 200 feet of the line (on both sides of Olde 8).
Mr. Hasenyager stated that the County has generally not required tap-ins until a septic system exhibits a major failure -- of the sort that requires a permit to repair or replace. He also mentioned that the County has considered cost and distance when deciding whether a sewer line is sufficiently "accessible" However, upon questioning, he could not guarantee that these policies would continue.
Mr. Schreiber guesstimated the tap-in cost (exclusive of the line to the house, presumably) to be as much as $70-$100 per frontage foot. He could not give a very accurate figure as yet, however, since the line was not yet designed or costed. He expected it to run along the west side of Olde 8 Road.
See the 5 Nov 2003 Planning Commission meeting for Mr. Schreiber's earlier review of this matter.
Back to the Agenda/Map

Liberty Harley-Davidson
A representative of Liberty's sign company appeared before the BZA, requesting approval of an elevated sign for the Liberty Harley-Davidson development on Hines Hill Rd. The company had previously received approval for the building signage, at the 5 Nov 2003 Planning Commission meeting.
Initially this went before the Planning Commission, where it was pointed out that, unlike most signs, elevated signs must be approved by the Board of Zoning Appeals. Further, Zoning Inspector David Himes noted that the BZA can only approve a sign up to 100 square feet (total both sides) and 40 feet high; see Zoning Code 1171.13. This was confirmed by Solicitor Russ Pry.
Harley-Davidson Motor Company

Plans were presented for a 40-foot-high sign that was considerable larger than the permitted 100sq.ft., but the BZA was asked to approve the same sign scaled down to 50sq.ft. each side. The planned sign is an illuminated Harley-Davidson logo atop a pole, totalling 40 foot above the frontage roadway. The sign is planned for the southwest corner of the Liberty lot, along the Turnpike.
On the advice of Mr. Pry, Liberty's representative indicated that Liberty may appear before Council's Finance Committee (16 Dec 2003) to request a change in the 100sq.ft. limitation.
BZA member Bill Hinkle asked Mr. Pry whether the signage restrictions claimed by the Turnpike were relevant to this action. Mr. Pry stated that he had not been informed of this matter, and after a short flurry of paperwork, he apprised himself of the Turnpike's earlier correspondence with the Village.
The Ohio Turnpike Commission claims a deed restriction over much of the property adjacent to the Route 8 interchange, banning commercial signage visible from the Turnpike. The Commission asked the Village to not approve any signs visible from the Turnpike roadway without their prior review.
Mr. Pry stated that this was a situation similar to that of other deed restrictions, which the Village does not attempt to enforce; therefore the BZA need not consider any such restrictions. However, he warned Liberty that they should investigate this matter themselves, as it may raise future legal problems for them.
The BZA approved the scaled-down sign: 100sq.ft. total both sides, maximum 40 foot tall, measured from the Hines Hills Road right-of-way, and subject to other requirements of Zoning Code 1171.13. Mr. Hinkle made a further motion that the village office clerk, Mrs. Bode, send a notice of this action to the Turnpike Commission's legal counsel, as a matter of information; this too was approved, with Chairman John Codrea dissenting.
Resolution:
Approved by the Board of Zoning Appeals.
Back to the Agenda/Map

Omni Realty Company
Mr. Greg Baka of Omni Realty once again presented that company's proposals for the area surround the Turnpike interchange at Route 8.
Omni wishes to have land along Boston Mills Road rezoned from OP Office Professional to a new PUD zoning class that would allow a mix of commercial/retail/hotel and high-density housing.
At the October 2003 meeting of the Planning Commission, Omni Realty submitted a proposed Planned Unit Development zoning ordinance to Village Solicitor Russ Pry. See below for Solicitor Russ Pry's view on this.
What is a PUD? The Summit County Subdivision Regulations define a PUD as:
Planned Unit Development A type of development within a Subdivision in which zoning, subdivision and platting regulations may be varied in order to accommodate a unified development project that includes residential, commercial, industrial or any other use, alone or in combination. A Planned Unit Development shall be planned and developed to encourage the efficient use of land and resources to promote greater efficiency in providing public and utility services, to encourage innovation in the planning and building of development and generally to promote the public welfare in accordance with these Regulations. Such a proposed Subdivision must be classified as a Planned Unit Development or "PUD" in accordance with the local ... Zoning Resolution.

For more on the Omni proposals, see these previous PC meetings: November 2003, October 2003, September 2003 and August 2003 PC meeting.
The proposal involves four parcels:

At Route 8 and Hines Hills: the closed hotel (Hudson Inn, née Yankee Clipper); already held by Omni & its partners;
Just east on Hines Hill: the parcel that includes the new Liberty Harley-Davidson building, also already held by Omni & its partners;
Further to the east, up to the Turnpike ramp: "Alnola Farms North"
Along Boston Mills Road, southeast of the Turnpike & Route 8: "Alnola Farms South"

This Month
Mr. Baka distributed an "Economic and Fiscal Impact Analysis" for the project; this document predicted tax income from the development, including about $1.13M per year for the Village itself. He stated that he had not yet reviewed this document himself.

Mr. Baka also offered another modified proposal for the Boston Mills parcel, comprising about 20A of commercial/retail space to the west, 240 apartment units on 20A to the north, and 220 higher-density single-family homes on 37A to the southeast. He expected these developments to have private streets, and utilize private services (plowing, road maintenance, e.g.) The entire development, both north and south of the Turnpike, would be a Planned Unit Development (PUD) scheme that would allow Omni to change the contents of the development according to market conditions.

Solicitor Russ Pry noted that this latest plan (much like that from October 2003) would more than double the number of housing units in the village (407 as of Census 2000). Councilor Dr. Mike Cheung suggested once again that a proposal that includes apartments and so many housing units would likely be a "non-starter" for the Village Council. Mrs. Jane Robinson, of Olde 8 Road, asked about the absence of the previously-proposed water park and hotel resort. Mr. Baka said that the developer now had other projects in the works elsewhere, and probably would not be able to pursue this location for another five years. (Ed. Note: one wonders if the recent announcement of a similar resort at Cedar Point had anything to do with this).

Mr. Baka reiterated earlier statements that, at the seller's price, an extended development period for the Boston Mills parcel -- that is, for OP Office Professional as zoned -- is economically risky for Omni. In this context, he solicited further opinions on the cluster homes. Dr. Cheung pointed out that the village's trend has been to lower development density, not increase it. Mr. Pry expressed his skepticism that the language of Omni's proposed PUD ordinance would stand in the way of similar developments elsewhere in the village -- e.g. on the golf course, or other large parcels along Olde 8 Road.

Mr. Baka repeated Omni's views on OP development, and stated that Duke Realty had extensive plans for similar development to the east, in the City of Hudson. He also stated that, due to the recent Crain's Cleveland Business article on the proposed development, other developers have contacted Omni about participating in the development. He predicted that if Omni's plans do not succeed then one of these other developers would appear. They would, he suggested, have even more intensive development proposals.

Mr. Pry offered his view that Council would not favor a PUD ordinance to allow cluster and multi-family housing. He explained that Omni could suggest such an ordinance directly to Council, perhaps at the next Financial Committee meeting (16 December 2003). Council, if it wished, could then refer it to the Planning Commission for a recommendation.

Mr. Baka wondered whether, if apartments were taken off the table, the concept of cluster homes could still be discussed. Dr. Cheung replied, speaking for himself, that it could be -- but did present a problematic precedent elsewhere in the village. Mr. Pry suggested that the size and density of the units should also be examined. Dr. Cheung replied that perhaps 6 units per acre (as in the latest proposal) might be too high, but inclusion of "garden apartments" would not be viable.

In response to Mr. Baka's request for the view of local residents, Mr. Daniel Henderson of Boston Mills Road stated that he would prefer OP Office Professional development to cluster homes.

Mr. Baka further stated that his engineering consultants were examining options for getting sewer and water service to the Boston Mills parcel; it may have to go under the Turnpike (interchange). Mr. Pry pointed out that the City of Cleveland was contractually the sole provider for water service in the village.

Council President Bill Goncy, from the audience, asked whether the Omni consortium had considered just proceeding development of their current holdings: the old Days Inn (Yankee Clipper) and Liberty Harley-Davidson parcels. Mr. Baka did not directly address this, rather answering that the current owner(s) of the adjacent parcels did not want to split the sale between their Hines Hill and Boston Mills parcels. Mr. Pry pointed out that the village had already made the concession of rezoning the Boston Mills parcel from R-1 Residential to OP Office Park. Mr. Baka mentioned that the owners had actually reduced the price of the land at that time.

Mr. William Bode, of Boston Mills Road, suggested that if the Boston Mills parcel were permitted to go to retail commercial, there would be strong pressure to convert the entire adjacent residential neighborhood to the same. Mr. Baka agreed that this was probable.

At this point, Planning Commission Chair Chuck Robinson closed further discussion.

Resolution:
Reviewed by Planning Commission.
Back to the Agenda/Map

Robert & Jenny Belcher
Request for variance: number of horses stabled at 6421 Chittenden Road.
This address comprises two adjacent parcels on Chittenden, in the LM Light Manufacturing zoning district south of Pettit Road: a 4.59A lot, parcel #1300227, which appears to have a home and a barn, and a vacant 4.69A lot, parcel #1300231. Both are owned by Ms. Mary S. Olsen of Hilton Head SC.

Mr. Belcher is a well-known horse trainer, and Mrs. Belcher, horse owner (e.g. at Northfield Park). The Belchers were requested, by Zoning Inspector David Himes, to appear before the Board of Zoning Appeals in connection with a complaint that their use of this property was in violation of the limit of one horse per acre for any lot, per Zoning Code 1141.36, "Stables,Private".

A business associate of the Belchers, and Mr. Belcher, duly sworn by the Chair of the BZA, explained the following, summarized here. The Belchers had been living on the premises, under a land contract, until recently -- but are now living in Hudson. They were and are boarding horses, for a fee, at the stable on the premises. Mr. Belcher stated that they had built, with proper permits, a 24-horse barn. (The county shows this as a 3600sq.ft. pole building, built in 1994).

They further explained that they wished to continue boarding up to 24 horses on the site until sometime next year, where they would be moving to a new larger facility in Streetboro. They also mentioned that more horses could be on the site at any given time, but not boarded there. Mr. Himes asserted that he had counted 56 horse on the site during his visit, but this was disputed.

The question then arose as to whether the facility was built as a private stable, in which case there would be a question of how the village handled the implication of 24 horses rather than 10 per the Zoning Code. Or otherwise, if a commercial stable, whether the operation is properly constituted as a business within the village. In response to questions from Mr. Himes and Solicitor Russ Pry, the gentlemen stated that there are no on-site employees at this facility; all the people found working there are considered "independent contractors".

In order to allow the village offices and Zoning Inspector to research the history of this facility, and check for previous variances and reviews, the matter was tabled until the January 2004 meeting.
Resolution:
Reviewed and tabled by the Board of Zoning Appeals.
Back to the Agenda/Map

Earl Bartell - Strimple-Kallstrom-Bartell Insurance
Review of a new business (or businesses), and signage, at 6701 Chittenden Road. This is Strimple-Kallstrom-Bartell Independent Insurance Inc., formerly of Hudson OH. (Also associated with Bartell Strimple & Associates Insurance Agency Inc.)

This parcel is the former site of an auto leasing company, in the GB General Business district north of Pettit Road. It consists of a 4.45A lot, parcel #130406, with a commercial building and paved parking lot. It is now owned by Earl Bartell, of Kent OH. (Yes, this is the Earl Bartell, father of the KMart "Blue Light Special")

This new business was the subject of discussion at last month's PC/BZA meeting, as the owner or tenant undertook site grading, and installed an elevated sign, all without the necessary permits or reviews. This month, the Planning Commission at this time reviewed and approved the business use as described by Mr. Bartell.

Aside from not being properly reviewed or permitted, the Village Road Superintendent had asserted that the newly-erected sign has been erected in the Right of Way. The Board of Zoning Appeals tabled the matter until January 2004 meeting, to allow time for the right-of-way question to be settled. At that time it will consider a proper application for the sign per Zoning Code 1171.13.
Resolution:
Use approved by the Planning Commission; sign tabled by the Board of Zoning Appeals.
Back to the Agenda/Map

Final approvals for two new subdivisions
As Village Engineer Steve Schreiber reported last month, the Planning Commission reviewed the plans for two new subdivisions.

One new subdivision is "Annabelle Lake Estates", which received preliminary approval at the 4 Sep 2002 Planning Commission meeting; see also the 7 Aug 2002 meeting. This is a northerly extension of the Ashbrooke West development, along Wellington Court. It will have a cul-de-sac without an island.

Mr. Schreiber declared himself satisfied with the current state of the developer's plan, which requires no waivers from Zoning Code 1121. He recommended acceptance of the improvement plan for the subdivision. After some discussion, the Planning Commission did approve the improvement plan (for roads, utilities, rights-of-way). The Village does not at this point accept the plat or roads, however.

The other new subdivision is "Meghan's Lane" (briefly aka "The Manor"), née "Donley Farms". This is to be built on the east side of Olde Eight Road north of the golf course. Preliminary approval for the street plan was granted at the 2 Apr 2003 Planning Commission meeting; see also the 7 May 2003 BZA meeting.

Mr. John Carse appeared, not to present further plans for approval, but to object to lack of his notification of last month's meeting.

This development's plan currently includes an island in its cul-de-sac, which the Village's fire and road departments object to. Mr. Carse also objected to the village's disinclination to allow islands within new culs-de-sac. He felt that the 10ft-larger diameter of his plan, and a promise to require private snow plowing, would meet any reasonable objections. PC Chair Chuck Robinson disagreed, and there was a bit of a heated discussion. Mr. Carse also added that islands have a better aesthetic than a circle of asphalt, more in keeping with the upscale nature of his development. Solicitor Pry suggested that he take it up with the Village Council.

Councilor Mike Cheung asked why the development was changing to a gravity sewer; see the discussion of this development's sewer line, above. Mr. Schreiber explained that this was the determination of the county's Department of Environmental Services. Mr. Carse noted that it was not his doing, and he was not particularly enthusiastic about it. He added, however, that tap-in for adjacent residents would be less costly than a septic tank replacement. Mrs. Jane Robinson, of Olde 8 Road, asked whether the gravity sewer line could be stopped via a citizen's referendum. Solictor Pry said: "No".

Mrs. Robinson also complained of dirt being dumped on the property, in advance of a site clearing plan or permit. Mr. Carse denied that this was occurring, at least to his knowledge.

Resolution:
Reviewed by the Planning Commission.
Back to the Agenda/Map

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