Wetlands for the Win
- Angie Charles
- Mar 19
- 6 min read
City Council Rejects Sheetz Plan for Fishcreek/Stow Rd. Intersection, Approves Acquisition of Land off Steels Corners Rd.
In its March 6 meeting, City Council voted twice to protect wetlands in Stow, first in rejecting a proposed Sheetz at the corner of Fishcreek and Stow roads and then approving a plan to acquire 39 acres of wetlands off Steels Corners Rd.
Council voted 5-1 to reject the conditional use permit requested by Sheetz, with Ward 4 Councilman Mario Fiocca voting in favor of the proposal and Ward 1 Councilman Matt Riehl abstaining. Councilmen At-Large Cyle Feldman, Jeremy McIntire and Kyle Herman as well as Ward 2 Councilwoman Kelly Coffey and Ward 3 Councilman John Baranek all voted against the proposal, which was rejected unanimously by the city’s Planning Commission on Feb. 26.
Traffic, Flooding Concerns
Prior to council’s vote, 10 residents spoke out against the proposal during the public comment period in the Planning Committee meeting. The primary concerns among those homeowners present was that mitigating 60% of the wetlands on the property could cause additional flooding on their nearby properties on Fishcreek and Stow Roads and that adding another gas station would further snarl traffic at that intersection.
One resident, Kevin Tichnell, keyed in on whether approving the variances requested by Sheetz are appropriate.
“The purpose of a variance is to allow this group (Sheetz) to have flexibility when that variance provides an improvement and a benefit and an ROI to the residents. I believe nothing we’ve heard here tonight shows that,” he said.
He expressed concern that the company’s plan to have an entrance/exit nearly across from the Circle K’s entrance/exit on Stow Rd. would become a traffic nightmare for cars trying to turn left out of both driveways at the same time.
Prior to council’s vote, McIntire said he would not support the plan because the proposal did not conform to a section of the city’s zoning code that required “the plan to the extent practical will preserve and be sensitive to the natural characteristics of the site.”
“In this case, I don’t think it meets that condition,” he said. “When you’re taking more than half of a wetland and building up the site on top of it, it doesn’t meet that.”
He also cited traffic concerns. “Secondly for me, it’s the impact on traffic. We’re not improving any traffic,” he said. “All we’re doing is over a $1 million investment in the intersection to improve a 7-second delay. The evidence to me doesn’t suggest that it’s going to change that level of service to what was proposed. It’s nothing more than a million-dollar investment to get the vehicles in to patronize that business. So, for me, I will not be supporting this legislation.”
Coffey said she had the same concerns as McIntire.
Although council voted the proposal down, Sheetz could file a type of lawsuit called an administrative appeal with the Summit County Court of Common Pleas, according to Stow Law Director Drew Reilly. Such a review would be done to determine whether the city had appropriately followed its procedures and zoning code in rejecting the plan.
The company has until April 6 to file such an appeal, but had not as of March 17.
In 2015, Dollar General filed an administrative appeal after its proposal for a store on that same intersection was rejected on a 4-2 vote by City Council. The city ultimately reached a settlement with the developer to allow the Dollar General to go forward to end the lawsuit.
Although Sheetz could file for an administrative appeal, Reilly said the difference between the Dollar General situation and the Sheetz is that the Dollar General was “permitted by right” in the zoning code and met all zoning requirements when it was rejected by council, whereas the Sheetz plan was for two conditional uses (one for a drive-thru and one for a gas station) plus variances.
Wetlands Purchase Approved
A separate wetlands project, the acquisition of 38.7 acres of land along Mud Brook off of Steels Corner’s Road, was approved by council in two separate votes.
The first piece of legislation authorized the purchase of the land from the Western Reserve Land Conservancy for $440,000 plus closing costs, but only if and when the city obtains grant funding to pay for the acquisition. Council approved that legislation on a 6-1 vote, with McIntire being the sole vote against.
The second vote authorized the city to work with the Western Reserve Land Conservancy to apply for a grant through the Clean Ohio Conservation Program. That resolution also was passed 6-1, with McIntire voting against.
The city does not have any current plans for the land. It could leave the land untouched or eventually use the property as a city park, with walking trails, while preserving the wetlands on the site.
“The city shouldn’t be in the business of just acquiring land for whatever reason. I can tell you a few years back we acquired a property over on Hibbard for the purpose of addressing stormwater issues and to date we’ve done nothing – nothing. We purchased the driving range and everything else. The driving range has seen lots of improvements but the other end of the property, that had lots of intentions of doing. Nothing,” McIntire said before the vote.
“I’m not supporting it regardless of who’s paying for it,” McIntire continued. “It’s coming from the federal government, so to say the taxpayers aren’t paying for it is just false. It is tax-payer funded. But I just don’t think we should be in the business of acquiring properties considering it hasn’t even been on the city’s radar.”
The opportunity to buy the wetlands was brought to the city’s attention last August by the Western Reserve Land Conservancy, a non-profit organization that works in 29 counties to identify projects that preserve land and water.
Council Discusses Adding TIFs on Developments
Miller’s Landing TIF
A public hearing was held prior to the March 6 City Council meeting, to enable public input on a planned Tax Increment Financing (TIF) plan for the Miller’s Landing housing development on N. River Road.
Law Director Drew Reilly explained that a TIF is an agreement between the city and county, whereby the city captures a portion of the property taxes paid on the property to set aside for investment in future projects that benefit the area.
In the case of Miller’s Landing, funds collected through the TIF could be used to address future stormwater or traffic issues, which were concerns of nearby homeowners. The legislation proposed by Reilly and Ward 1 Councilman Matt Riehl is a non-school TIF, which means it would not impact property taxes collected for Stow-Munroe Falls schools or the library.
There were no residents in attendance who chose to speak during the public hearing.
As City Council is not allowed to vote on the measure until 30 days after the public hearing, a vote on the legislation was tabled until the April 10 meeting.
Former Stow-Glen Property TIF
Legislation to apply a non-school TIF to the former Stow-Glen Retirement Village was passed unanimously, 7-0.
Proposed by Planning Director Zack Cowan, the legislation will create a fund that would be used for future infrastructure improvements in that area.
New Traffic Signal Planned for Seasons/Allen Rd Intersection
City Engineer Mike Jones requested approval of a resolution for the city to seek an Ohio Department of Transportation grant to pay for a traffic signal and a left turn lane at the intersection of Seasons and Allen Roads. Jones said a traffic study of Season Rd. indicated the need for the improvements.
Council approved the resolution unanimously with a 7-0 vote.
Economic Development Update
Cowan offered several updates on projects underway in the city:
Dick’s Sporting Goods is expected to open at the end of March;
WayBack Burgers is expected to open in June in Fishcreek Plaza at 4437 Kent Road;
The new owner of the former Stow-Kent Bowling Center plans to meet with the city soon to review plans, which will be for the same concept as previously planned but with a different layout that moves sensitive features away from the gas pipeline that passes under the property.
Charter Review Commission Public Meeting
Reilly said the Charter Review Commission has reviewed six chapters of the city’s charter and plans to make its final recommendations to council in early June to allow for council consideration prior to the August 1 deadline for ballot initiatives.
All Charter Review Commission meetings are open to residents to attend, with the next regularly scheduled meetings planned on March 25 and April 2 at 6:30 pm in the Boards & Commissions Room in City Hall.
Additionally, the commission plans to present its initial recommendations to city officials and residents at a Town Hall Meeting on April 1 at 7 pm in Council Chambers. Residents are encouraged to attend to learn about the changes being proposed and to provide input.
