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Boston Heights Overlook

This is a publication of Boston Heights Overlook.
Not an official public document by, of or for
the Village of Boston Heights OH.

Click on items or parcels for more info.

15 W. Streetsboro Rd. 15 W. Streetsboro Rd. HinesHill & Olde Eight Rds. HinesHill & Olde Eight Rds. 7720 Olde Eight Rd. 7720 Olde Eight Rd. 7720 Olde Eight Rd. 7108 Olde Eight Rd. 7600 Olde Eight Rd. 7600 Olde Eight Rd. Omni Rezoning to Retail/Cluster Homes Omni Rezoning to Retail/Cluster Homes Signs, fences, etc.

On the agenda of the 07 July 2004 7PM meeting of the Planning Commission and Board of Zoning Appeals for the Village of Boston Heights, Ohio

  1. Christine Mayfield
    Sign approval for insurance agency at 15 W. Streetsboro Road.
    Approved by Board of Zoning Appeals; see below.
  2. Steve Hutchinson
    Request regarding Hines Hill & Olde Eight, SE corner (church?).
    No action by Planning Commission (or BZA); see below.
  3. Sara Fenderbosch & Fallon Jentas (Rainbower)
    Request to expand retail (at Rainbower Gallery) to include season produce, and sign approval.
    Approved by Board of Zoning Appeals; see below.
  4. Debra Hummert
    Lot split approval, 4 more lots at residential property at 7108 Olde Eight Rd.
    Reviewed by Planning Commission; see below.
  5. Rob Robinson
    Temporary wagon and canopy for selling fresh vegetables & fruits (at old Lucerne site).
    Approved by Board of Zoning Appeals; see below.
  6. Omni Realty Company Zoning Alert!
    Request for creating of new zoning district:
    PRD Planned Residential Development
    Request for rezoning north of Boston Mills Road to RB and PRD. This is to related to a proposed commercial and higher-density residential development spanning the Turnpike at Hines Hill and Boston Mills Rd: "The Crossings at Boston Heights".
    "Not recommended" to Council by Planning Commission; see below.
  7. Consideration of Zoning and Sign Ordinance Changes
    Ongoing discussions of various issues in the zoning code.
    No action by Planning Commission; see below.

General Notes
Solicitor Russ Pry acted as legal counsel for the Planning Commission and BZA. Zoning Inspector David Himes was also in attendance, as was Engineer Steve Schreiber.

Planning Commission (PC): present were Mayor Ray McFall, Chairman Chuck Robinson, Council Rep. Mike Cheung, John Codrea, Bob Campbell. The PC approved the minutes of the previous meeting and disposed of their agenda. Due to the length of the evening's agenda, the PC once again decided to not yet revisit its recent work on proposed changes in sign regulations, etc.

Board of Zoning Appeals (BZA): present were Chairman Bill Hinkle, Ken Metz, Ed Fetko, and Kevin Lightner, as well as Council Rep. Mike Cheung. The BZA approved the minutes of the previous meeting and disposed of their agenda.
Under Old Business, the Board then discussed and approved two documents that had been introduced at the previous meeting:
- "BZA General Information", informally explaining the Board of Zoning Appeals.
- "BZA Rules and Regulations" formalizing the Board of Zoning Appeals procedures.
Under New Business, Mr. Hinkle introduced a draft of an application form for Board of Zoning Appeals business (appeals, conditional use, variance, etc.).

Christine Mayfield: Agency for Allstate Insurance
Review of sign proposed for an Allstate Insurance agency at 15 W. Streetsboro Road.

This is the house and garage on W. Streetsboro Rd. (Rt. 303) near Olde Eight, next to Mayfield Motors.
At its March 2004 meeting, the Planning Commission gave conditional approval to Christine Mayfield (via her father, Bob Thomason) for this property's use as an Allstate Insurance agency, subject to two conditions:
(1) Per Zoning Code 1157.05, the Village Engineer must approve the site plan;
(2) there is to be no common use of paved areas between this office and Mayfield Motors (the adjacent auto dealership).

Previously:
At the April 2004 meeting, Mr. Thomason had proposed an unacceptably-large elevated sign.
At the May 2004 meeting, Ms. Mayfield proposed an elevated free-standing sign that included separate signage for Allstate Insurance and for Mayfield Insurance. The sum of the sign areas exceeded 50 sq.ft. per side. Dr. Mike Cheung averred that this constituted a unacceptably-large elevated sign, since Allstate itself was not a separate business on this site -- that "Allstate" was merely a brand name or product line, not a separate business. Ms. Mayfield disagreed with this view; in her subsequent absence, the PC then deferred the matter until June 2004. No one appeared to support the application; the PC then denied the application based on the proposed sign being larger than allowed.

This Month:
Ms. Mayfield proposed a two-sided rectangular sign, 4.3x6.6 feet in dimension. This internally-illuminated sign will be placed atop the existing sign pole structure, making the top of the sign 38 feet high.
The Planning Commission briefly reviewed this, and upon noting that it was an elevated sign, referred it to the BZA. The BZA reviewed the dimensions and placement; Mr. Himes stated that the signposts were out of the Rt.303 right-of-way.
The proposed sign was approved by the BZA under Zoning Code 1171.13.

Resolution:
Approved by the Board of Zoning Appeals.
Back to the Agenda/Map

Steve Hutchinson
Unspecified requesting regarding the corner of Hines Hill Road and Olde 8 Road. This may be the rumored proposal for a church at the southeast corner. If so:
This corner is the remnant of the parcel largely purchased by the USA in 2002, for an Army Reserve Center. This 8.91 acre lot, parcel #1300723, is currently zoned OP Office-Professional District. It is owned by Second Green LP (Charter #1135552); see the Army Center FAQ for more information on this company.
Mr. Hutchinson, who appears to be a resident of Hudson on Boston Mills Road, did not appear.

Resolution:
Not reviewed by Planning Commission.
Back to the Agenda/Map

Sara Fenderbosch & Fallon Jentas (Rainbower)
Request to expand retail to include seasonal produce, and sign approval.

This is at Rainbower Gallery (Charter #914235), at 7720 Olde Eight Road. As with Mr. Robinson's proposal, below, the frontage of this property is in a GB General Business district. The Planning Commission declined to treat this as a "grocery store", a permitted use, instead referring it to the Board of Zoning Appeals as a conditional use per Zoning Code 1157.01(d)(13): "other compatible use".
Ms. Fenderbosch explained that her daughter would operate a produce stand at Rainbower Gallery during the summer and fall. There would be a small stand in front of the store, with some items inside. A two-sided 2x4 foot "sandwich board" sign would be outside as well. After some discussion, Dr. Cheung moved to grant the application with certain conditions.
A Conditional Use allowing the sale of seasonal produced at the retail property at 7720 Olde Eight Road, presently Rainbower Gallery, with these conditions:
- Conditional Use is granted to Sara Fenderbosch and Fallon Jentas (only).
- Produce stand hours to be restricted to Rainbower store hours.
- Operation permitted from June through October.
- Sign essentially as shown: 2-sided 4x2 foot sandwich-board sign.
- Area of operation outside the store to be no greater than 12x12 feet.
- No structure will be erected for this operation.
As Ms. Fenderbosch found these conditions acceptable, the Board granted that conditional use.

Resolution:
Conditional Use granted by Board of Zoning Appeals.
Back to the Agenda/Map

Debra Hummert
Application for lot split at 7108 Olde Eight Road.

Debra Hummert is the owner of 7108 Olde Eight Road, a Residential property totaling about 35 acres and, after the lot split discussed at the April 2004 meeting, now comprising three parcels: #1300946 (3.3A, with the current house) & #1300947 (6.21A), both in the Hudson school district, and #1200622 (26.1A) in the Woodridge school district, back along the Bike & Hike Trail.

The current application is for a further split into a minor subdivision, for a total of 6 building lots on the original property (including the existing home). As this lot split falls under the rule of "Approval without Plat", Zoning Code 1121.06, Engineer Steve Schreiber simply showed the approved plat plan to the Planning Commission for their information. Mr. Schreiber is referring to this so-far unnamed development as "Hummert Estates"; the private road will be called "Dragonfly Alley". The new lots have been approved for septic service by the Summit County Health Department.

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

Rob Robinson
Temporary wagon and canopy for selling fresh vegetables & fruits, at the former Lucerne plant, 7600 Olde 8 Road.

Mr. Robinson and his partner Jarrod Rose, representing Brandywine Development Corp. (Charter #1033898), proposed the sale of seasonal produce at a stand in or near the turnaround on his property at Grandview and Olde 8 Roads (at the old Lucerne building). This property is in a GB General Business district. As with the similar application above, this was referred to the Board of Zoning Appeals for consideration as conditional use, as an "other compatible use" per Zoning Code 1157.01(d)(13).
Mr. Robinson submitted a multi-page proposal, showing a canopied farm cart as a produce display, which would be garaged at night and in inclement weather. They would do business as "Boston Heights Fresh Vegetables".
After a review of the proposal and some discussion, including considerations of parking and traffic flow, Dr. Cheung moved to grant the application with certain conditions.
A Conditional Use allowing the sale of seasonal produced at the retail property at 7600 Olde Eight Road, with these conditions:
- Conditional Use is granted to Mssrs. Robinson and Rose, DBA: "Boston Heights Fresh Vegetables" (only).
- Produce stand hours to be restricted to 10-7PM Monday-Saturday.
- Operation permitted from May through October.
- Sign per proposal: 2-sided 4x2 foot sign, only during operating hours.
- Site of operation as depicted in proposal (in or near turnaround).
- Area of operation essentially as depicted in the proposal (canopied cart).
- Area of operation a minimum of 15 feet from the right-of-way.
- No permanent structure will be erected for this operation.
- All materials to be removed outside of hours of operation.
As the gentlemen found these conditions acceptable, the Board granted that conditional use.

Resolution:
Conditional Use granted by Board of Zoning Appeals.
Back to the Agenda/Map

Omni Realty Company

Omni Realty, a partner in Omni Turnpike LLC, has made a formal request for creation of a new zoning district within the Village of Boston Heights, to allow cluster housing at a density of four units per acre. In addition, Omni has requested that land along Boston Mills Road be rezoned from OP Office Professional to RB Retail Business and to this new PRD Planned Residential Development district. This project has been referred to as "The Crossings at Boston Heights" in conjunction with further developments north of the Turnpike.

Since last August, Omni Realty has presented a variety of proposals for development of the property north and south of the Turnpike and east of Route 8. These proposals have been presented by Mr. Greg Baka of Omni and Mr. Dale Markowitz, attorney for Omni.

In previous proposals, Omni wished 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. The Boston Heights Village Council reviewed this approach at their December 2003 Finance Committee meeting, and declined to act on it. It was suggested that Omni revise their proposal to be more in keeping with the village's comprehensive zoning plan.

For more on the Omni proposals, see these previous Planning Commission meetings:
May 2004, February 2004, December 2003, November 2003, October 2003, September 2003, August 2003

While the current applications concern only the land between the Turnpike and Boston Mills Road, the overall proposals involve four general areas:

As in the most recent proposals, 20 acres to the east (at Boston Mills near the BP Station) would be used for retail and other commercial uses up to 50,000 square feet (that is, each building could be larger than 1 acre). To the west, 57 acres would be used for cluster homes. The most recent proposal showed up 228 cluster homes, for a density of four homes per acre. The development might be serviced by private roads.
(Ed. Note: There were 407 homes in Boston Heights as of Census 2000).
Mr. Baka had presented a simple diagram of this plan; our "artist's conception" of that plan is shown here.

Previously
In May, the Planning Commission began its formal review of Omni's applications, including its proposal for this new PRD zoning district, and the specific requests for rezoning of the parcels along Boston Mills Road, across from existing single-family homes. Although Omni Turnpike LLC does not own this property, it is presumably acting as an agent for the current owner, Boston Heights Development Company, under a purchase option. Please see notes from the May 2004 meeting.
In addition, a Public Hearing was held by Council on 9 June 2004 to review these requests and hear statements from the public.

This Month
This month, the Planning Commission had to make a recommendation to Council, which will subsequently vote to approve or deny the requests. See Zoning Code 1143.03 for zoning amendment procedures. See Zoning Code 1159 for RB Retail Business zoning.
There was no further discussion on these application, except that Russ Pry noted that a Public Hearing had been held on the matter in June, as required by law. Each of the three applications was voted on separately:
- To rezone 20 acres to RB Retail Business.
- To create a new PRD Planned Residential Development zoning district.
- To rezone 57+ acres to PRD Planned Residential Development.
For each of these applications, the Planning Commission voted to "Not Recommend" to Council, which must now vote to accept or overrule these recommendations. In each case, all members of the Planning Commission voted FOR the motion to "Not Recommend", except Mr. Codrea who voted against in each case.

Resolution:
Not Recommended by Planning Commission.
Back to the Agenda/Map

Consideration of Zoning and Sign Ordinance Changes
The Planning Commission (in consulation with the BZA) has been considering requests by Zoning Inspector David Himes, and Council representative Dr. Mike Cheung, for review of various parts of the Zoning Code and other Codified Ordinances of the Village of Boston Heights.
N.B. Some of these items had been reviewed at the March 2004 meeting, but have not yet receive an official recommendation by the Planning Commission.
  1. sign language to cover each district - size, height, placement
  2. fences - type, height, opening/no openings, post placement
  3. outdoor storage for each district
  4. Occupancy Permits - who provides - see CO 1375.01(C)(3)/(4) and 1147.01(B)
  5. Required 5000 foot spacing between service stations, per Zoning Code 1159.04(1)(A), and unspecified spacing between self-storage facilities.

Previously, Dr. Cheung acknowledged a consensus that the village's sign regulations were too confusing. More immediately, Liberty Harley-Davidson had asked to have a larger elevated sign (along the Turnpike) than is currently permitted. Some of the current code references include:

The subject of fencing and outdoor storage had been discussed, without resolution, at the September 2003 and October 2003 meetings of the Planning Commission. The main fencing regulation is currently Zoning Code 1171.07(a). The main outdoor storage regulation is currently Zoning Code 11571.01(f)(1).

The question of service station spacing was raised by Omni Realty's proposal for a Sheetz gas station at the southeast corner of Hines Hill Road and Route 8 -- at the site of the derelict hotel. That site is much closer than 5000 feet to several existing stations: Boston Heights Marathon (481 ft); BP @Boston Mills (2563 ft); Starfire (3082 ft). Dr. Cheung suggested a new limit of 500 feet, measured from parcel lines.

Dr. Cheung has also suggested that a similar revision might be made to Self-Service Storage spacing, per Zoning Code 1175.02. While that section requires 1000ft spacing to certain other uses, it specifies no spacing between such facilities. Dr. Cheung suggested a minimum 1000ft spacing.

A proposal for new sign regulations was developed by a working group and briefly reviewed at the April 2004 meeting.

This Month
Due to the length of the meeting, he PC decided to defer this matter once again.

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

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Boston Heights Overlook and BostonHeights.Org are not affiliated with the Village of Boston Heights OH.