Boston Heights Overlook
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Boston Heights Overlook.
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the Village of Boston Heights OH.
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
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).
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.
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.
This is at Rainbower Gallery
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.
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:
Mr. Robinson and his partner Jarrod Rose,
representing Brandywine Development Corp.
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.
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:
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, 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.
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.
Due to the length of the meeting, he PC decided to defer this matter once again.
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