Voters to decide rezoning issue, charter articles to go on November ballot

by Dan Holland

July 5 city council meeting and public hearing

Members of Broadview Heights City Council at their July 5 meeting passed an ordinance that will allow voters to decide whether or not to rezone a vacant 15-acre parcel at the northeast corner of Boston and Broadview roads from C-2 general commercial to B-1 cluster/townhomes.

Council also passed individual ordinances that will send seven items that would make changes or additions to the city charter to the November ballot for voter approval.


The city planning commission granted approval to the rezoning matter at its May 25 meeting, which then had to subsequently be approved by city council.

The rezoning is at the request of Sam Petros representing The MacIntosh Land Company, Limited Partnership and Zaremba Management Company. A rezoning application received by the city’s building department on Jan. 28 lists the intended use as “townhome condominiums and/or detached or attached single family housing.”

Preliminary drawings submitted with the application showed two possible renditions of up to 60 clustered townhome units in groupings of between three and five units. Final plans/renditions are not yet available for the proposed project.

During a public hearing on the matter just prior to the regular council meeting, Majeed Makhlouf spoke on behalf of Petros Development Corp.

“We want to thank council for supporting this project,” said Makhlouf. “I think we view it as an appropriate transitional zoning from commercial to residential. It just fits the area and is the right zoning for that site.”

“We are not here tonight trying to get any kind of site approval,” he continued. “I think once the rezoning is in place, at some point, it will hopefully pass a vote of the people. At that point, the engineering work will be done, and we’ll know what can be developed and what can’t be developed, and we will come before the city with the approvals for the actual development. The history of this developer is very clear with the city, as they always work with the city on those issues.”

Council President Robert Boldt pointed out to those in attendance that the number of units and details of the proposed development were not being approved by council; merely the option of placing the rezoning issue on the November ballot.

“For anyone out there who wants to know what they’re going to be able to do, it is the 60 homes,” said Boldt. “But as far as a rendering is concerned, they’re not bound by that, because that’s not what is going to the vote of the people. They’ll be voting on the rezoning only.”

Broadview Heights resident Jaime Pedaci, whose property abuts the parcel in question, urged city council members not to approve the measure, but to let the parcel retain its commercial zoning status. She cited the impact a new development could potentially bring as far as an increase in traffic and also the strain it could place on infrastructure such as water, sewers and the electrical grid.

“It’s a commercial area, and it’s been that way for a long time,” said Pedaci. “It’s not just surrounded by residential; there’s a very busy winery across the way and there’s a lot of traffic. I haven’t heard any specific benefits this would bring to the community, and we don’t seem to be lacking in houses, especially given the number of housing developments that this builder wants to put up.”

Charter items

The seven items to appear on the November ballot that would make changes or additions to the city charter (in summary) consist of:

  • Article III – City Council; identifies the process for removing a member of city council for misconduct under specified circumstances.
  • Article IV – The Mayor; a mayoral candidate must have resided in the city for no less than four years preceding the election date (changed from two years).
  • Article V, Sec. 7 – Planning Commission; no amendment, repeal or adoption of a zoning ordinance may be passed by city council without first giving at least 14 days’ notice of the time and place of a public hearing to be posted on the city’s website and also a newspaper of general circulation (changed from posted at city hall).
  • Article V, Sec. 8 – Board of Zoning Appeals; members of the BZA shall not be filled exclusively from one ward. Also eliminates a previous requirement that at least one member reside in each ward.
  • Article V, Sec. 8 – Board of Zoning Appeals; written notice of a variance to be considered by the BZA shall be mailed to all property owners within 1,000 feet from the edge of the property line (changed from 500 feet).
  • Article V, Sec. 9 – Civil Service Commission; amends and clarifies the general duties of the civil service commission.
  • Article XIV – Miscellaneous Provisions; upon adoption of the city charter, the provision allows the city clerk to make updates in regard to deletion of obsolete language, arrangement of numbers and titles and correction of typographical errors as long as it does not change the substance of the charter.

In other business, council:

  • Passed a resolution accepting a plat of a portion of Boulder Wood Drive submitted by RM Kole & Associates for record purposes only.
  • Passed a resolution to enter into an agreement with Signal Service Co. for repair of traffic signals in the city at a total cost of $25,413.
  • Passed a resolution authorizing the city to dispose of service department items by way of public auction.
  • Passed a resolution to enter in a memorandum of understanding between the city and the Brecksville-Broadview Heights City School District for the school resource officer program.
  • Passed a resolution authorizing the city finance director to certify delinquent grass cutting charges to the county fiscal officer for collection. A similar separate resolution was also passed to certify and collect on delinquent storm and sanitary sewer service charges.
  • Passed a resolution to enter into an agreement with Rudzik Excavating, Inc. for stormwater improvements in the city.
  • Passed a resolution to accept a roadwork development grant from the Ohio Department of Development for up to $750,000 covering 50% of eligible roadwork costs.
  • Passed a resolution to enter into a grant agreement with the Ohio Department of Transportation for the Treeworth Boulevard extension project up to a maximum of $200,000. ∞