Sheetz takes legal action against the city

by Dan Holland

Sheetz Inc. has filed legal actions against the city of Broadview Heights and the city’s planning commission for denying the group from moving forward with plans to build a 6,139 square-foot, 12-pump fueling station and convenience store with a drive-thru window on the site of a shuttered Rite Aid store at 8085 Broadview Rd. 

Members of the planning commission at their Feb. 26 meeting voted 3-1 against granting preliminary approval for conditional use of a Sheetz station to have fuel islands and a drive-thru food service window on the 2.73-acre site.

Final approval for a lot consolidation request for the project, which includes two adjacent lots to the north, currently occupied by Frank’s Coach & Carriage, was approved by a 3-1 vote at the meeting. A lease agreement for the parcels is in place between Sheetz and Peter Kraus of RITEOH LLC.

The proposed business, which would operate 24 hours a day, seven days a week, would include indoor and outdoor seating, a patio area, landscaping and fencing. Under the plan, the current buildings on the site, which is zoned C-1 – neighborhood commercial district – would be demolished.

Residents who attended an initial Feb. 10 meeting regarding the Sheetz proposal of the city’s Growth, Planning and Zoning Commission, along with members of the commission, voiced concerns about the proposal, expressing concerns about the location, increased traffic, competition with existing businesses, noise, lighting, loitering and criminal activity, and safety factors.

During the GPZ meeting, Building Commissioner Joe Mandato noted that a gas station previously sat at the site prior to construction of the Rite Aid building. 

“This a convenience store and gas station as well, but it fits the C-1 zoning,” he said. “All they need to do is get some conditional use approvals.”

It was also noted that the proposal complies with city zoning codes and would not require any variances.

Concerns similar to those voiced during the GPZ meeting were also made known by residents during two commission meetings on Feb. 12 and Feb. 26.

Commission members voted to table the issue during the Feb. 12 meeting to allow time to review a traffic study of the intersection submitted by GPD Group of Akron and also to review information from Sheetz regarding the types of underground storage tanks that would be installed at the site.

Legal action

In one legal action, filed March 27 in Cuyahoga County Common Pleas Court, Sheetz filed an appeal regarding the city’s rejection of the proposed gas station and convenience store.

In an additional April 2 filing, Sheetz requested a declaratory judgment, claiming the city denied its right to build at the site. The filing asked for a mandatory court injunction that would compel the city to allow the project to move forward.

“By all appearances, the commission relied upon unsubstantiated opinions of the residents who spoke or their own capricious opinions,” said Sheetz in the legal filing. “‘However, opinions do not rise to the level of competent, credible evidence to support a planning commission decision. The decision was not based upon the evidence submitted by the Sheetz team.” Members of Broadview Heights City Council at an April 28 meeting approved a resolution, by a 5-2 vote, authorizing the mayor to enter into an agreement with McDonald Hopkins for the provision of legal services in the cases of Sheetz Inc., et al. v. the city of Broadview Heights. Mayor Sam Alai subsequently said he could not comment on ongoing litigation. 

Photo caption: The proposed Sheetz gas station, which was to be located at the site of the former Rite Aid store on Broadview Road, was rejected by the city’s planning commission earlier this year. Rendering submitted.