Planning committee advances lot split for Fish Creek site amid spot‑zoning concerns

The Stow City Planning Committee voted May 8 to forward a lot‑split application for property at 4657 Fish Creek Road to the council agenda after staff outlined the technical variances and a required stormwater maintenance agreement. The applicant said the split is intended to enable a future rezoning and self‑storage proposal.

The matter drew attention because the applicant signaled an intent to seek rezoning to an I‑2 industrial district for self‑storage — a use some committee members said could constitute spot zoning and conflict with the city’s comprehensive plan.

Planning Director Mr. Cowan described the current site: a 4.72‑acre parcel containing a Balenos restaurant and a cell tower. The proposed lot split would create Parcel A, which meets lot‑size and frontage minimums but needs a variance from the rear parking setback (new property line about 4 feet from rear parking where the code requires 10), and Parcel B, which would have no street frontage and therefore needs a variance from lot‑frontage requirements.

Cowan said there is a condition of approval: the existing stormwater basin on the rear parcel must be maintained to handle runoff for Parcel A per the original design criteria and an agreement to that effect must be submitted prior to lot‑split approval.

Applicant Brad Ruth told the committee he believes self‑storage or flex space would be a better use of the rear acreage than retail, and said the lot split is intended to maximize property value. "So the only thing that made sense to me is either self storage or flex space, and either way you'd have to rezone," he said.

Councilmember Feldman asked whether the requested rezoning would amount to spot zoning. Cowan replied that rezoning the back parcel to I‑2 "would be the definition of spot zoning" and would not comply with the comprehensive plan, a point several members raised during the exchange.

Cowan also told the committee that if the lot split is approved, the applicant would still need to return for rezoning and then for conditional‑use approval of a self‑storage facility; the lot split itself does not grant rezoning.

The committee moved the lot‑split resolution to the full council agenda by motion; the committee recorded a unanimous vote to place the item on tonight's council agenda. Committee members urged the applicant to be aware that rezoning and conditional‑use approval are separate steps and would face separate review and public hearings.

Next steps: the lot‑split resolution will appear on the next council agenda. If the split is approved, the applicant would need to submit the stormwater maintenance agreement, apply for rezoning, and then pursue conditional‑use approval for any self‑storage development.