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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.

Results of the 6 September 2006 7PM meeting of the
Planning Commission and Board of Zoning Appeals for the Village of Boston Heights, Ohio

Click on items or parcels for more info.

Wolcott Springs Wolcott Springs American Pools - 6337 Chittenden Rd. American Pools - 6337 Chittenden Rd. 6447 Chittenden Rd. 6447 Chittenden Rd. Brighton Estates Brighton Estates 334 E. Hines Hill Rd. 334 E. Hines Hill Rd. Boston Hills Country Club

Other Links:
Boston Heights Zoning Code
Boston Heights Business & Location List
Board of Zoning Appeals
  1. Mit-Hein Homes, Inc. / S & L. Knotts (owners)
    Wolcott Springs Subdivision

    Application for variance to allow oversize real estate sign in a Residential District.
    Variance granted by the Board of Zoning Appeals.
Planning Commission
  1. American Pools & Fountains Ltd. (Continued)
    6337 Chittenden Road

    Application for permit to erect sign per CO 1179, for a business in a Light Manufacturing District.
    Deferred by the Planning Commission.
  2. William Rocco / James Adams
    6447 Chittenden Road

    Application to erect sign for auto sales business in a Light Manufacturing district.
    Sign approved by the Planning Commission.
  3. JKF Development / James H. Kurtz
    6300 + 6256 Olde Eight Road

    Application for approval of final plat for 11 lot subdivision in a Residential District.
    Deferred by the Planning Commission.
  4. Omni Turnpike LLC / Ernie Passeos
    334 E. Hines Hill Road

    Request to retain existing freestanding sign structure and banner sign on vacant land; response to warning by Zoning Inspector.
    Deferred by the Planning Commission.
  5. Boston Hills Property Investment LLC / Sam Petros
    Boston Hills Country Club, E. Hines Hill Rd & Ohio Route 8

    Proposal for new zoning code section and re-zoning of a current Residential District, and for review of a conceptual site plan, to allow 60A of shopping center and 100 housing units as a new higher-density residential use in a Planned Unit Development.
    Deferred by the Planning Commission.
  6. Old Business
    Consideration of long-term Village planning issues. (Continued)
    Consideration of further changes to Zoning and Building Codes. (Continued)
    Zoning form approved by the Planning Commission.

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


The Board of Zoning Appeals (BZA): present were Chairman William Hinkle, Don Polyak, and Council Rep. Mike Cheung. Laurie Stoddard and Ed Fetko were absent. Minutes of the June, July and August 2006 meetings were corrected and approved by the Board.

Planning Commission (PC): present were Chairman John Codrea, Mike Bush, Bob Campbell and Council Rep. Mike Cheung. Council President (Pro Tempore) Bill Goncy sat in place of Mayor Ray McFall, who was absent. August minutes were corrected and approved.


 

BZA #1: Mit-Hein Homes, Inc. / S & L. Knotts (owners)
Wolcott Springs Subdivision
Application for variance to allow oversize real estate sign in a Residential District.

Mit-Hein Homes Inc. (charter #570771) is developing a 5-home subdivision on the property located east of the cul de sac of Wolcott Drive. Mit-Hein is a Hudson company headed by John C. Heinnickel. The property is owned by Steven & Laura Knotts, and consists of a vacant 17.24A parcel (parcel #1400005) in the Residential District. The land is entirely within Nordonia School District, and has no sewer or water service. The subdivision plans were reviewed at the June 2006 PC meeting, with further discussion at the August 2006 PC meeting.

Mr. Heinnickel appeared before the Board to explain the present application, requesting a variance to allow a real estate sales sign for the Wolcott Springs subdivision larger than the six square feet permitted by the Zoning Code: CO 1179.04(a)(3)(B). This sign is 48x38.25 inches or 12.75 sq.ft. He explained that this would be an unlighted free-standing sign, preferably placed along Route 8, or otherwise at the western side of the property. The sign would have a large phone number so that interested parties could get directions to the property. He estimated a distance of about 25-30 feet from the edge of Route 8 pavement to the proposed sign location at the northeast corner of the property. He felt that his sign required this larger size in order to be safely seen and read from the distant and high-speed traffic along Route 8.

The Board noted in its discussions that similar variance requests have been granted by the BZA, (though all in commercial districts). Zoning Inspector David Himes stated that he understood the difficulty with sight lines from Route 8 to a sign on this property. On a motion by Dr. Cheung, the Board voted to grant the variance, due to the sight line restrictions along that section of Route 8, for the sign with dimensions as depicted in the application, not to exceed 6 feet in total height, to be placed facing Route 8 behind that right-of-way near the northeast quadrant of the property, and to be removed after the last lots are sold in this subdivision.

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

 

PC #1: American Pools & Fountains Ltd.
6337 Chittenden Road
Application for permit to erect sign per CO 1179, for a business in a Light Manufacturing District.

American Pools & Fountains Ltd. (charter #1373861) is a business at 6337 Chittenden Road. This property is parcel #1300349, 4.71 acres in the Light Manufacturing District, owned by MDF Development Group LLC. Although the County has this property listed for tax purposes as residential with a single-family home, it appears to be a commercial enterprise; in fact, the business' website advertises its "store" for walk-in business at this address, noting a "grand opening" in June 2005.

This company appears to be related to Color-Crete and Sunnywood Land Development, at the same address but with different state charters, phone and FAX numbers.

The company had applied to replace the existing free-standing Color-Crete sign with a new sign advertising this business' name and logo. After reviewing the matter with Mr. William Foster's at the August 2006 PC meeting, the Planning Commission deferred this matter until it receives a complete site plan for the business, which had apparently not yet been submitted or approved.

No additional materials were received before the application deadline for this month's meeting. The Planning Commission was informed that the applicant had sent word asking for a further deferral. The PC agreed to defer the matter again until next month.

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

PC #2: William Rocco
6447 Chittenden Road
Application to erect sign per CO 1179, for auto sales business in a Light Manufacturing district.

This property is a 1.57A parcel, parcel #1300266, owned by Mr. James T. Adams. While in the LM Light Manufacturing District along Chittenden Road (south of Pettit Road, just north of Boston Commons / Dun-Rite), it currently has a residential home and garage on it. The applicant proposes to operate a used car lot / automobile sales business on the property, with vehicles displayed on a parking area to be constructed in the front yard of the existing house, and limited parking toward the rear for employees and customers.

Mr. Rocco obtained the necessary Conditional Zoning Certificate for this conditional use at the April 2006 BZA meeting, along with a variance permitting parking in the front yard for his displayed vehicles, and allowing fewer other parking spaces than would normally be required. The variances are contingent on the continuation of this conditional use. At the May 2006 PC meeting, he also received approval of a preliminary site plan, conditioned upon approval by the Village Engineer of a conforming revised parking plan (as the preliminary plan showed undersized parking spaces).

William Rocco appeared before the Planning Commission to explain his application for a sign advertising his auto sales business. This is to be a 4x4 foot freestanding sign standing 6 feet high, unlighted, and set adjacent to the driveway entrance. It will show "Aetna Auto Sales", with the business address and phone number (330-653-9688). (Note: The Secretary of State for Ohio does not currently list a business under the name "Aetna Auto Sales".)

Mr. Rocco reported that noted that the parking area has now been paved with asphalt. Village Engineer Steve Schreiber asked whether he had ever submitted a corrected parking plan as required by the Planning Commission. Mr. Rocco said he did submit that; Mr. Schreiber said he never saw it. Mr. Rocco replied that it had been submitted about 4 weeks ago, but that he would get another copy to Mr. Schreiber for approval. Zoning Inspector David Himes stated that the parking plan should get the Engineer's approval before the business begins operation (per CO 1147.01).

The Planning Commission approved the sign as shown, to be 4x4 feet and two-sided as described, not to exceed 6 feet in height, and situated to the right of the driveway behind the right-of-way.

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

 

PC #3: JKF Development / James H. Kurtz
6300 + 6256 Olde Eight Road
Application for approval of final plat for 11 lot subdivision in a Residential District.

James Kurtz is developing the 11-home "Brighton" subdivision on the property best known as the estate of the late Ben Matthews, along with an adjoining property. The property is near the south end of Olde Eight Road, west to the Bike & Hike Trail. The bulk of the property, at 6300 Olde Eight Rd., previously owned by Linda Matthews, comprises a 43.4A parcel (parcel #1300904) in the Hudson School District and a 1.7A parcel (parcel #1200061) in the Woodridge School District. The balance of the property, at 6256 Olde Eight Rd., is a 2.3A parcel (parcel #1300903) previously owned by Margaret Hodge and Samuel Marshall. (The Mrozik property, at 6304 Olde Eight Rd., is not included in this project). All this land is in the Residential District. Approval of the preliminary site plan was granted at the June 2006 Planning Commission meeting.

Mr. Kurtz and his engineer appeared before the Planning Commission in conjunction with his application seeking approval of the final plat for the Brighton subdivision. (Note: the final plan presented was slightly modified from the sketch shown here, which was based on the preliminary site plan. The final plan includes a public footpath from the cul de sac to the Bike & Hike Trail to the west.)

Village Engineer Steve Schreiber stated that the subdivision plans were not yet finalized, nor approved by his office. Possible changes might yet occur to what had been presented as a final plat. He asked whether the necessary fee had been received; PC Clerk Maryann Bode confirmed that it was. He added that street profiles had not yet been approved by the Village, and title insurance and bonds had not been received. He therefore could not recommend final approval at this time. He also noted that there may yet be riparian setback issues that would require addition of allowed house placement envelopes on the plat, and that water quality impacts had yet to be discussed.

Dr. Cheung pointed out that Zoning Code CO 1121.04(s) requires approval or rejection of the plat within 30 days, unless the applicant agrees otherwise. Mr. Schreiber also noted that Council must accept the streets and improvements after final plat approval. He felt all the outstanding matters could be resolved before the next Council Finance Committee meeting, and added that improvements could be started with the approval of the Engineer. In response to Dr. Cheung's query, Mr. Kurtz agreed that he would allow deferral of the plat approval, and added that he would have the homeowners' association and deed restriction agreements ready, too. He explained that his insurance company wants to see final plans before it issues bonds. Mr. Schreiber said he would OK grading once Summit Soil and Water signs off on the grading plan; his approval for tree clearing had already been given. In response to another query by Dr. Cheung, Mr. Kurtz confirmed that he would like to pave the new road yet this year. He agreed to get all outstanding issues resolved before the PC's October meeting. The Planning Commission voted to defer the matter to next month.

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

 

PC #4: Omni Turnpike LLC / Ernie Passeos
334 E. Hines Hill Road
Request to retain existing freestanding sign structure and banner sign on vacant land; response to warning by Zoning Inspector.

The Planning Commission amended its agenda to change this matter from item 5 to item 4.

This property is the site of now-demolished high-rise hotel, variously known as the Hudson Inn, Days Inn, Brown Derby, and Yankee Clipper. Click here for a history of this hotel property. The property is owned by Omni Turnpike LLC (charter #1333582).

The hotel was closed in 1998, and after standing derelict for a number of years was found to be a public nuisance by the Village Nuisance Abatement Board on 19 April 2004. In lieu of abatement of this nuisance, the hotel was demolished in early 2005. However, the hotel's elevated free-standing sign has since remained on the vacant lot, as shown.

As the hotel and its restaurant business are long out of business, and the hotel was demolished in response to a nuisance abatement order, the Zoning Inspector has instructed the owners to remove this sign. The order is presumably based on Building Code CO 1385.09, empowering the Zoning Inspector to require removal of signs relating to closed businesses.

Ernie Passeos, representing Omni Turnpike LLC, appeared before the Planning Commission in answer to the letter received from the Zoning Inspector, as mentioned above. Zoning Inspector David Himes explained the requirement of CO 1385.09: that as there was no longer a business at this location, the sign must be removed. He added that Greg Bakka, another representative of Omni Turnpike LLC, had been told verbally to remove it in the past, and as no action had occurred, Mr. Himes acted formally to require its removal. Solicitor Russ Pry confirmed that numerous conversations with Mr. Bakka had taken place on this matter. Mr. Passeos said he was taking over the matter from Omni Realty, and request that the sign be allowed to remain where it was.

Mr. Himes added that, aside from the requirement that signs for derelict business must be removed, as there was no business in place, no sign was permitted (referring here to the restriction on billboard signs in CO 1179.03(b); vide CO 1179.02(b)(1)). Mr. Pry mentioned that he had not looked into whether there were grounds for the applicant to seek a variance. PC Chairman John Codrea suggested that the present request might be more correctly directed to the Board of Zoning Appeals. Dr. Cheung asked Mr. Passeos to clarify whether he wished to preserve the sign as an asset of the property; Mr. Passeos agreed with that assessment.

Dr. Cheung then moved to table the matter for a month, to allow the application to be supplemented with additional information or to be re-directed to the Board of Zoning Appeals. From the audience, BZA Chairman William Hinkle asked whether the matter would be construed as an appeal of a decision of the Zoning Inspector (per CO 1145.03(b)). Dr. Cheung and Mr. Pry allowed that as a possibility. The Planning Commission approved the motion to defer.

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

 

Boston Hills Country Club PC #5: Boston Hills Property Investment LLC / Sam Petros
Boston Hills Country Club, E. Hines Hill Rd & Ohio Route 8
Proposal for new zoning code section and re-zoning of a current Residential District, and for review of a conceptual site plan, to allow 60A of shopping center and 100 housing units as a new higher-density residential use in a Planned Unit Development.

The Planning Commission amended its agenda to change this matter from item 4 to item 5.

At the PC's August 2006 meeting, Sam Petros of Petros Homes, and Boston Hills Property Investment LLC, previewed new development proposal for the Boston Hills Country Club. Mr. Petros also announced he had an agreement to buy the golf course, and would close it permanently in early October 2006.

Boston Hills Property Investment LLC (charter #1569813), a consortium of developers formed 16 Sep 2005, made an earlier series of development proposals for the golf course which were ultimately rejected by the Village; see the PC's March 2006 meeting, and Council's April 2006 meeting. The property in question is the Boston Hills Country Club, a 168 acre golf course at the heart of Boston Heights, at E. Hines Hill Road and State Route 8. The property is zoning RES Residential, which requires single-family homes on minimum 1.5 acre lots.

The application proposes splitting the 168 acres into a 60 acre commercial district to the east, along Route 8, and a 100+ acre residential district to the west, along Hines Hill and Olde Eight Roads. The plan may include several acres granted to the Village, midway along Hines Hill at a new intersection.

BHCC 060906 1A Lots BHCC 060906 4/10A Lots Two conceptual plans were submitted: one with 100 homes on lots averaging 1.0 acre, and no greenspace reservation; the other has 100 homes on 0.39 acre lots (approx.) with a separate greenspace reservation. Neither plan is conformant with the 1.5 acre requirement of current Residential zoning. The application includes a proposed code for "Planned Development Area" zoning, including new regulations and procedures which would allow the residential developments shown here but also modify a number of other residential zoning requirements. In addition, these PDA regulations would allow inclusion of commercial uses within (not just adjacent to) the PDA.

(Click on maps to enlarge...)

In addition to the "Conceptual Land Use" maps, the application also includes a proposed code for a new "Shopping Center" Zoning District, which is similar to the existing RB Retail Business district but has essentially open-ended permitted uses and virtually no limit on building floor area (square footage).

This Month
Sam Petros and Neil Brennan appeared before the Planning Commission, once again, to formally submit this application as described above. Mr. Petros stated that he was with Petros Homes, but in this case was speaking as managing partner of Boston Hills Property Investment LLC. The firm wished to build 100 single-family homes on about 100+ acres of the present golf course, and develop about 60 acres as retail. He recounted earlier plans discussed with the Planning Commission for many more homes, the last of which was formally rejected by the Planning Commission and Council, as noted above.

Mr. Petros said this new plan addressed many of the concerns he had heard voiced in earlier meetings, and felt that this plan should be acceptable to all parties. He expects to complete the purchase of the golf course on 3 October 2006, and will close the course soon thereafter. He repeated a phrase he had used in previous presentations: "Change is here"; referring to the development trends in other nearby communities, and the planned upgrade of Route 8.

Mr. Petros stated that he sees this plan as dividing the golf course land into residential to the west, contiguous with the existing residential area, and commercial to the east, adjacent to Route 8. He mentioned the possibility of a traffic circle midway along that stretch of Hines Hill Road, to separate traffic from these two zones. He suggested that the developers might give a multi-acre parcel on the corner of this circle to the Village, for some civic use. He also mentioned the potential of the Office-Professional zoning district across Hines Hill Road to the south (currently occupied primarily by The Range driving range.)

He stated he had projections of $7.2M in new tax revenues -- this factoring in some unstated level of development of the Office-Professional district, which is not included in this application, and not part of the golf course land sale. Pointing to the Newell Creek development in Mentor as a similar development, he claimed this was a "sustainable use" because of the projected confluence of residential, office and retail uses.

Zoning Inspector David Himes asked for an explanation of the difference between the two development plans. Mr. Petros replied that the difference was in open space: the plan with the smaller 100x170 lots included many acres of reserved "green space", which the plan with the near- 1 acre lots had essentially none. The greenspace plan also included bermed landscaping dividers along Olde Eight Road. Mr. Petros showed photos of what he anticipated as the kind of homes that would be built on these smaller lots.

William Hinkle, of Boston Mills Road, asked why the developers were asking for Planned Development Area zoning when they appeared to be asking separately for an entirely new zoning district for the retail component. Mr. Brennan replied that this was intended to restrict application of the PDA measures (smaller lots, e.g.) to parcels of at least 150 acres. (This is about 168 acres, less what will be taken by ODOT for Route 8 ramps.) PC member Mike Bush asked whether their PDA language had been used elsewhere, and was their preferred solution vs. Conservation Development Zoning. Mr. Brennan said it was preferred so as to restrict application elsewhere in the Village.

PC member Robert Campbell asked whether the development group was also purchasing The Range. This is driving range across Hines Hills that occupies much of the Office-Professional district that Mr. Petros has cited as an integral part of his development vision. The answer he received was "no" -- but negotiations had occurred. The developers do have a contractual interest in the 10 acres on the southeast corner of Hines Hill Road and Olde Eight Road (though they do not own it as yet).

PC Chairman John Codrea asked about the distinctions between the current RB Retail Business district code and the requested new SC Shopping Center district code. Mr. Brennan replied that the difference was entirely in restriction on building size, and that the RB limit of 50,000 square feet was "very limiting", allowing only a local shopping center. The developers want to buid a regional shopping center, as it is located at a highway intersection. Mr. Codrea thought the SC code seemed "thin" (note: perhaps because there are no restrictions listed for permitted uses). He asked for confirmation that this code would have no limit on building size -- Mr. Brennan affirmed this. PC member Mike Cheung also noted changes in the overall percentage of land coverage permitted, where up to 25% of the land could be placed under roof. He stated that while he understood the concerns on building area, perhaps a middle ground could be found.

Mr. Petros said the intention was to persuade large retail and restaurant tenants to consider moving to the area, and that these kinds of tenants would not even consider locations that had restrictive zoning. He projected 4-5 larger retail tenants, such as mid-to-upper range department stores, and wholesale stores. He stated that he was not interested in bringing in a Super Wal-Mart as had been mentioned in the newspapers.

Chairman Codrea allowed a period of citizen's comments at this point.
Beverly Mikolay, of W. Boston Mills Road, said that shopping centers will bring only minimum wage jobs and more congestion. Mark Pennington, of Olde Eight Road, noted that he was "accutely close" to this project and was concerned about increased traffic on side roads. Mr. Petros disagreed, as he felt that this project would direct traffic through the shopping area and not the existing residential area. Marge Donley, of Olde Eight Road, asked about differences between the outline of the retail area on various maps being displayed; Mr. Petros replied that there was a stream crossing west-to-east along the top of the retail area that may impact how much of that land could be developed. Another resident of Olde Eight asked whether there would really be only one entrance to the retail area; Mr. Petros confirmed this, noting that most retail traffic would be in the evenings and on weekends. Mary Griffith, of Olde Eight, noted that she was directly across the street from this development, and that it "does nothing" for her. She objected to the mounds and entrances facing her home, and was afraid of increased crime that would accompany the commercial development. Mr. Petros stated his belief that the mounding would support an "open-space" look to the residential development. Ms. Griffith replied that she doesn't like the look of backyards opening out to through streets, as is seen elsewhere (e.g. Ashbrooke West on Walters Road; Village West on Boston Mills Road in Hudson). In response to a further question from Mr. Pennington, Mr. Petros stated that the mounding would be landscaped and would rise about 7 feet.

Kathy Holsopple, of Wolcott Drive, said she had read that the 60 acres of retail was similar to the size of Macedonia Commons. Mr. Petros did not think that was true, but was not sure. (Note: Macedonia Commons itself is approximately 80 acres. This is exclusive of the older adjacent retail area, previously occupied by K-Mart, that existed before Macedonia Commons was built.)

Lisa McCarthy, of Brandywine Road, asked what contribution the developers might make to the community to ensure safety -- that is, to enhance police and fire protection. Mr. Petros replied that the development would bring substantial new tax revenues, perhaps as much as three times the current budget. Ms. McCarthy persisted in asking for the developers' own contribution. Mr. Petros cited the development itself, its roads, the proposed civic area, and high quality homes. He added that he wants to try to influence ODOT to build the Route 8 ramping system differently than as is currently planned and designed so as to promote his development as a core business area. Ms. McCarthy noted that his other big development, Newell Creek in Mentor, is in a much larger city that has the infrastructure to handle this kind of development. Mr. Petros replied that this is really not that big compared to other nearby developments. Ms. Mikolay asked for clarification on the location of Newell Creek in Mentor, and got it from Mr. Petros.

Another resident expressed concern about further use of Olde Eight as a bypass route, especially during construction of this project. Kevin Lightner asked whether the developers had looked at this zoning change request with an eye to existing community zoning -- specifically, the other nearby retail zoning that already exists. He asked, given that there was already substantial retail zoning districts in the Village, why this shouldn't be kept as all residential. Mr. Petros replied that this was a good non-wetland area for building large retail buildings, and that other already-zoned areas were not as viable for this use. Mr. Lightner asked for consideration of the Village's master zoning plan. Mr. Petros replied that retail tenants were asking for this kind of development in this kind of location.

Mary Griffith asked why the open-space plan had such a concentration of greenspace. Mr. Petros replied that this was the already-wooded area of the parcel and as such is more environmentally sensitive. Mr. Hinkle made some remarks on the nature of regional shopping centers as a destination that would draw traffic from distant points to big-box stores. He also noted that the open-space plan represented a 50% density bonus over the existing 1.5 acre residential zoning -- far in excess of the 10-20% common for Conservation Development Zoning as had been suggested by the Cuyahoga Valley National Park.

Marge Donley asked whether the developers would pursue their proposal through a lawsuit, as had been mentioned in earlier discussions on this parcel (and in a quote from Mr. Petros to the Hudson Hub-Times). Mr. Petros cited his constitutional rights to use his land. He stated that "lawsuits happen" and that while he did not want that, it could happen. He prefers a win-win solution. Bev Mikolay asked what the Planning Commission thought of this statement -- specifically, that a lawsuit could occur. Mr. Petros hastened to clarify that he did not want to participate in such an action. PC Chairman John Codrea pointed out that the Planning Commission avoids giving advisory opinions, as it is supposed to hear applications and apply the law. He therefore would not state what he "thinks" of such statements, as this could be misused. Mrs. Mikolay asked whether public opinion had any impact on these decisions. Mr. Codrea pointed out that the citizens' opinions were on the record. Solicitor Russ Pry told Mrs. Mikolay that the PC understood her position against a zoning change, but that the Commission must consider the application and make a recommendation to Council.

Jane Robinson, of Olde Eight Road, asked who would maintain the greenspace shown in the open-space proposal. Mr. Petros replied that this would be the duty of the homeowners' association, and that the greenspace would be "left alone".

Brian McCarthy, of Brandywine Road, pointed out that "all this could be avoided" if the developers would abide by the existing zoning code. He thought that the developers were only concerned with their own rights and not fully considering the community's rights. He also objected to the recurring changes to the development plan. Mr. Petros said that such changes were an attempt to find the best solution, and that he is working to do this without stepping on toes or involving lawyers. Mr. McCarthy pointed to Macedonia Commons as an example of a troublesome commercial development. Mr. Petros replied that there are commercial uses that are not very draconian. In response to another question, Mr. Petros denied that the return of retail to the developers' plans had anything to do with the current drop in the residential housing market. Mr. McCarthy asked for a guarantee of the proposed homes' value; Mr. Petros estimated $500-700K.

George Hlavacs, of Ledgeview Drive, pointed out that Macedonia Commons is 5 minutes to the north, Cuyahoga Falls shopping areas are 8 minutes to the south, and Hudson is even closer. He stated that another shopping center is not required, but that more homes are OK. This statement drew applause from the audience. He added that plenty of empty shopping center space can be seen locally.

PC member Mike Bush asked why, if Mr. Petros had already had discussions with specific retail tenants, he could not give a limit to the allowed building footprint in the Shopping Center zoning code. Mr. Petros explained that retail tenants change their minds about how much space is needed, and that makes development difficult when there are limits in place. He said he would try to have some possible size limits in hand for the next meeting, however.

Ernie Passeos, owner of the Libery Harley-Davidson dealership on Hines Hill Road, and partner in Omni Turnpike LLC which owns some adjacent commercial property, opined that this is a "brilliant" plan and that the town should rally behind it. Bryan Kolleda, owner of the former Fast City restaurant, suggested that no one would buy a $500K home right on Route 8, so why not retail?

Helen Brostek, of 7527 Olde Eight Road, stated that she has a particular interest in this matter since she rents a house from the golf course owners. However, her particular concern as a mother of two Boston Heights firefighters was with whether the Fire Department would have the capacity to handle this new development. PC Chairman Codrea pointed out that about 100 houses could be built now on the entire parcel, under existing zoning. Another citizen asked whether this would be economically viable; Mr. Petros replied that it would not be, and that the current zoning had no provision at all for retail development.

Janet Stone, of Richard Road, had concerns about storm water flow from the property, as it included a high ridge point (dividing the water flowing to Brandywine Creek and that flowing westward more directly toward the Cuyahoga River). She was also concerned about impacts on local water wells, and asked whether the developers would bring water service to existing residents. Mr. Petros said he would not be permitted to change the amount of runoff from the site, but felt that this was already considerable because of the compacted nature of older golf courses. The new development would use Cleveland water service, but he would check on impacts to local aquifers. Further discussions followed on local water well issues. Mark Pennington asked whether a new water main would come down Olde Eight Road; Mr. Petros replied "very probably". Mrs. Stone stated that she would be willing to trade away zoning changes for water hookups. Kevin Lightner, of W. Hines Hill Road, asked about the water retention basins depicted on some of the maps. Mr. Petros replied that they expected to collect water near the center of the property and drain it off from there.

PC member Mike Cheung noted that a letter had been received from Superintendent John Debo of the Cuyahoga Valley National Park; he asked that this letter be read into the record. Here is Mr. Debo's letter of 6 September 2006. Upon popular demand, Chairman Codrea read out this letter wherein Mr. Debo stated that this development plan would be detrimental to the watershed and to the National Park, and urged its rejection in favor of properly configured Conservation Development Zoning. He pointed out the many ways in which even the open-space proposal differs from authentic CDZ, and also pointed out the detrimental aspects of large-scale retail zoning in this community, adjacent to the Park.

As a procedural matter, Mr. Petros was asked whether he was asking for a vote on approval of his application this evening; he replied that he was. Dr. Cheung therefore made a formal motion to defer the matter until next month; this deferral was approved by the Planning Commission.

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

PC Old Business

Consideration of long-term Village planning issues per Council Res. 31-2004.
With Resolution 31-2004, Village Council asked the Planning Commission to enter into discussions with adjacent communities and to consider planning and zoning coordination, including the possibility of residential growth limitation. Previously, PC member and Council representative Dr. H. Michael Cheung announced that he is compiling a narrative that would reflect the history and intent of the Village's land use and zoning plan.

Consideration of further changes to Zoning and Building Codes

The Planning Commission considered a draft of a new application form for Zoning Certificates, for use by the Zoning Inspector. After some discussion and tweaking, the new form was approved.

In July 2006, Dr. Cheung recommended that the Planning Commission undertake another review of the Village's comprehensive zoning plan, and asked PC members to consider what issues are worth discussing and amending. Some of the issues Dr. Cheung mentioned were the upcoming Route 8 upgrade project, and the proposed soccer stadium complex in Northfield Center Township. This matter was not discussed this month.

Resolution:
New form approved by the Planning Commission.
Back to the Agenda/Map

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