Residents oppose rezoning for Sheetz, Texas Roadhouse at public hearing

by Laura Bednar

During a Bath Township trustees public hearing on May 3, several residents spoke against the proposed construction of a Sheetz gas station and Texas Roadhouse restaurant at 4073 Medina Rd.

Developer Lance Osborne is requesting a zoning change for the property from a B-3 business district, which allows for offices, research and sales facilities, to a B-2 community business district, which allows for shopping centers and other businesses.

Planning Director/Zoning Inspector William Funk said the property encompasses 5.2 acres located on the north side of Medina Road, 300 feet west of the Springside Drive and Medina Road intersection.

In September 2022, the Summit County Planning Commission approved the zoning change.

Richard Bradner, Bath Zoning Commission chair, said the commission voted 3-1 to approve the zoning change. He said the issue was brought to the commission in 2020. Since then, commission members visited the property three times.

He said the zoning change conforms to the Bath Comprehensive Plan. “It provides enhanced benefits for our citizens as well as a suitable buffer to our residential districts,” Bradner said. “The proposed development not only fits into the Montrose area character, but it provides a substantial upgrade to the Montrose district in general.”

For the plan to continue, Bath trustees must approve the zoning change. Robert Ondack, lawyer for Osborne, said he is negotiating with the township. One condition imposed by trustees restricts Sheetz from servicing commercial vehicles.

Bath’s legal counsel, Robert Konstand, said a development agreement would precede township approval. “It puts trustees in a position to approve whatever is going to go in,” he said.

Resident Bill Weber said B-3 zoning was adequate for Osborne and would preserve the safety and welfare of the township. “I don’t see any community benefit to this,” he said, adding that he was worried about the third unknown parcel and the developer was “rezoning without a plan.”

The Texas Roadhouse parcel and the third parcel would share parking. Ondack said the third parcel would likely be a restaurant or small retail space, and he is in early discussions with a coffee operator.

A 15-year ground lease is planned for Texas Roadhouse and a 20-year ground lease is planned for Sheetz. A ground lease means Osborne owns the property, but each business is responsible for its own building construction. Ondack said if the zoning is approved, Osborne would close on the acquisition of the Holiday Inn and former Hyde Park restaurant and demolish the structures.

Said resident JoAnn Alexander, “This is not a corner that needs additional gas stations; we’ve seen the market speak on this.”

She added that the area is a “front door” to the township, and the proposed project only fills the needs of travelers passing through.

No residents spoke in favor of the zoning change.

Traffic and TIF

Andrew Pierson, senior traffic engineer at TMS Engineering, proposed road improvements including dual left hand turn lanes from Springside Drive headed north to Rt. 18. He also proposed adding a right hand turn lane on Springside Drive headed south, turning onto Rt. 18.

The Ohio Department of Transportation is still reviewing a traffic study. If the state approves, it must go to the Summit County Engineer for review.

Community member Wesley Noland said he had little faith in the county’s traffic studies, citing Ghent Road as an example of poor traffic conditions.

Alexander said the trustees should not proceed without receiving the traffic report. Weber said he was concerned about an increase in traffic from I-77 and didn’t want to bear the brunt of future traffic and infrastructure costs.

Konstand explained that improvements on Springside would cost around $500,000, financed through tax increment financing, which diverts a portion of property taxes to infrastructure. The TIF would last 10 years.

The TIF portion of the property taxes would be paid out of new taxes generated by Sheetz and Texas Roadhouse. According to Konstand, 75% of the property taxes generated by the new buildings are eligible for the TIF. Bath receives about 22% of total property taxes paid on properties in the township.

“Bath should receive about the same amount of real property taxes with this TIF project as it currently receives,” said Konstand. “Once the TIF expires, the township would receive significantly more in property tax revenue from the project.”

This would be the first time the township granted a TIF, and trustees would have to approve it then send it to Summit County before the developer takes over. ∞