Board of zoning appeals votes down Sheetz building size, approves driveway expansion

by Laura Bednar

June 16 board of zoning appeals meeting

A proposed Sheetz gas station at Ghent Road and I-77 gains another step toward completion with the board of zoning appeals’ approval of a wider driveway, but a variance for the station’s convenience store – which would be double the current building size limit – was denied.

The BZA granted conditional use permits for gas station use and drive-thru food pickup at the location at its April meeting. At a township appearance review commission meeting in May, Sheetz representatives presented an updated design plan for the convenience store building to conform to the other buildings along the area, according to Stephen Funk, attorney with Roetzel & Andress representing Sheetz.

The changes include the addition of a white picket fence along the front of the business facing Ghent Road, brick pavers for the building’s patio, additional two-tone brick on the building, reduced Kelvin lighting that is Dark Sky compliant, and tinted concrete. The ARC approved the changes pending review by the township planning director.

Sheetz representatives were granted a variance to expand the driveway by 10 feet from the maximum permitted 30 feet to 40 feet. Robert Matko, traffic and safety engineer with CESO, explained that the driveway expansion would line up with the I-77 on/off ramp, allowing for a thru-left lane exiting I-77.

“A wider driveway is beneficial not only for the development but for the intersection,” said Matko.

Additionally, a 200-foot dedicated right turn lane will be added heading west along Ghent Road to turn into the gas station. In a separate Ohio Department of Transportation project, a center left turn lane is being added on Ghent Road, in which cars can turn left into an existing business development or left into Sheetz. Matko said it allows storage space for three cars at a time.

He said both ODOT and the Summit County Engineer’s Office reviewed the traffic study done in the area and were in favor of the size of Sheetz’s three-lane driveway, one for entry and two for exiting either right or left.

Matko said the only note from ODOT was a desire to coordinate timing among traffic lights at the I-77 on/off ramps and N. Cleveland-Massillon Road, which he said would improve traffic.

Many residents stated concerns about an increase in traffic. Matko said based on the traffic study, the Sheetz development would generate 2,766 trips on a daily basis, and of those, 75% were pass-by trips, meaning cars already traversing the road, not heading to Sheetz as a destination.

Cars from any future development on the 16-acre land, of which Sheetz would take 3.22 acres with 4.41 acres undeveloped due to right-of-way, were factored into the traffic study.

BZA took issue with the proposed size of the station’s convenience store. At 6,139 square feet, the building would exceed the B-1 business district zoning restriction of 3,000 square feet maximum. Funk argued that there are eight other business buildings in the immediate vicinity along Ghent Road that are all larger than the proposed Sheetz convenience store. These include the Montrose Zion United Methodist Church, banks and office buildings like Dan Marchetta Realty.

Funk cited meeting minutes from previous BZA meetings in which variances were granted for some of these buildings. He said the board at the time said the buildings “would not alter the character of the neighborhood.”

BZA chairman Jeff Kerr said the canopy over the gas pumps adds to the context of the application and affects the character of Bath. Funk said the building and canopy combined would still be smaller than surrounding buildings.

Funk said there was no evidence the building size would have an effect on neighbors. “The impact on adjacent property owners is nil,” he said.

The building size variance was voted down unanimously 4-0. Sheetz can appeal the decision in Summit County Common Pleas Court, return to the BZA with an altered design for the building, or return before BZA with the same design after one year’s time.

Public comment

During the public hearing portion of the meeting, several residents voiced their opposition to granting the variances. Jackie Vari asked what the gas station would do to Yellow Creek and the environment in general. She also asked Sheetz to consider not selling lottery tickets, cigarettes or alcohol at the location.

Environmentally, existing mature trees along the side of the property would remain, and Funk said county-approved stormwater management would be installed.

Michael Ackermann said the B-1 business district is for small-scale businesses, and noted that some of the buildings along Ghent Road housed multiple businesses.

Rose Soltz noted concerns with the location, traffic and operation of the Sheetz. “Zoning regulations exist for a reason,” she said, questioning the validity of a project that needs so many variances. She, along with other residents, also noted concerns about increased crime with a 24-hour gas station.

Ellen Selle, representative from Sheetz, said she spoke with the Bath fire and police chiefs about Sheetz safety protocols and they did not voice any concerns.