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Boston Heights Overlook
Not an official public document by, of or for
the Village of Boston Heights OH.
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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 1 November 2006 7PM meeting of the
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Other Links: Boston Heights Zoning Code Boston Heights Business & Location List |
Board of Zoning Appeals
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General Notes
Solicitor Russ Pry acted as legal counsel for the
Planning Commission and BZA. Also in attendance were Zoning Inspector David Himes and
Mr. Ed Franks of ACLA, standing in for Village Engineer
Steve Schreiber.
BZA #1: John & Glenda Baker
dba John's Landscaping and Tree Service
6731 Chittenden Road
Application for variance to allow nonconforming freestanding sign in a
General Business district.
John's Landscaping and Tree Service appears to be an unregistered trade name of John T. Baker Enterprises (charter #638327), headed by Mr. John Baker of Boston Mills Road in Boston Heights. The company was previously headquartered in Hudson, but now occupies a new building at this location.
This is a 4.65 acre lot (parcel #1300233) in the GB General Business district. For earlier action on this facility, see the meetings of June 2005 and July 2005. The conditional use certificate granted at the latter meeting allowed this business use, with the stipulations that there be only "casual" outside storage of landscaping materials, and only up to four (4) business vehicles stored outside.
Zoning Code CO 1179 (Signs) permits a single freestanding sign of up to 32 sq.ft. and up to two sides back-to-back and substantially parallel to each other (CO 1179.02(a)(2)(F) and 1179.04(c)(1)). The code permits the highest point of the sign's supporting structure to be up to eight feet above the surrounding grade (CO 1179.02(a)(2)(F) and 1179.04(c)(1)).
Mr. John Baker, owner of the property and the business on it, appeared before the BZA to address his requested for a variance to allow a sign structure that is both larger and higher than permitted by code. The proposed sign has two 32 sq. ft. signs in a 90-degree 'vee' configuration. The proposed brick structure for holding the signs is in excess of ten feet high (grade to cap), with the signs themselves topping out at about ten feet. Mr. Baker explained that the ODOT plans for Chittenden Road would take part of his front yard, pushing back the possible sign location to an area adjacent to the parking lot, away from and somewhat depressed from the roadway. Because of the current configuration of Chittenden and Route 8, neither a 1-sided nor 2-sided sign would have reasonable visibility. Mr. Baker also pointed out that he was proposing a substantial sign structure that he did not want to modify if and when he added a second sign for a future tenant business. On those merits, the Board of Zoning appeals granted a variance both for the 'vee' configuration and additional height.
Resolution:
PC #1: John T. Baker Enterprises Inc.
dba John's Landscaping and Tree Service
6731 Chittenden Road
Application for permission to erect freestanding sign in a General Business district.
See the applicant's BZA variance application for this sign, above. Given the variance granted by the BZA, and after further review of the proposed sign's appearance, the Planning Commission approved the sign as proposed.
Resolution:
PC #2: 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. Approval of the permanent improvement plan (roadway, e.g.) was granted last month, at which time the recommendation for final plat approval was tabled until the necessary bond was posted.
At the recommendation of Village Engineer Steve Schreiber, the Planning Commission voted to recommend approval by Council.
Resolution:
PC #3: Boston Hills Property Investment LLC / Sam Petros
(former) 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.
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' development group has since purchased the golf course and closed 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 now-closed Boston Hills Country Club, a 168 acre group of parcels 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.
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.
In addition to the "Conceptual Land Use" maps, the original application also included 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).
At the meetings of September 2006 and October 2006, as well as at a subsequent work session and a special meeting, Sam Petros and Neil Brennan appeared before the Planning Commission to formally submit this application, as described above. At the special meeting of 18 October 2006, the applicants introduced proposed revisions to address the possibility of Conservation Development Zoning, and modified Retail Business zoning.
This Month
Mr. Petros and Mr. Brennan appeared once again, with a revised proposal involving even more homes on even smaller lots,
those to be marketed as age-restricted properties. They displayed new land use diagram for this approach,
which also showed the proposed retail area shifted to the west with green space (for storm water detention ponds)
along Route 8. There was a further lengthy discussion on possible approaches toward a Conservation Development
Zoning overlay, as well as further public debate (all of which will be transcribed here at some future point).
It was agreed that Village Solicitor Russ Pry would work with the developers to create draft zoning code language that reflected their current proposal, so that the Planning Commission could address specific points at next month's meeting. Mr. Petros therefore again agreed to allow the Planning Commission additional time to consider his company's zoning change application. The matter was then deferred until next month.
Resolution:
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
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:|
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