Section 3: Making It Work
Planning & Zoning Changes Enabling the Project
Because Shaker Heights was historically developed as a residential garden suburb with strict separation of land uses, significant planning and zoning changes were needed to make the Van Aken District possible. One pivotal change came early. In 1995, the city amended its zoning code to allow mixed-use development. This was the first time Shaker permitted residential, retail, and office uses to be combined in one area. This forward-looking change laid the legal foundation for any future transit-oriented development (TOD) on the site.
The 2008 Warrensville/Van Aken TOD Plan outlined the overall layout for the district and recommended rezoning the area for higher density and pedestrian-oriented design.
In 2013, as the partnership with RMS took form, the city planning commission and city council formally approved the site plan and necessary zoning amendments. These approvals codified critical components of the project, such as the footprint of buildings, the inclusion of apartments above retail, and the creation of a central public plaza. Earlier plans specifically the 2010 Intermodal Transit Center Plan helped ensure the RTA Green and Blue Line terminus was fully integrated into the design, including adjustments to rights-of-way to create a new transit plaza.
Another major step was the reconfiguration of the street grid. The city replaced the old six-legged intersection with a more conventional street alignment. This required vacating or rerouting some segments of roadway and dedicating new public right-of-way. This work required a coordinated effort involving planning and public works.
To support the pedestrian environment and public spaces, the city’s planning department later undertook a public realm plan (completed in 2020). This plan fine-tuned the design of sidewalks, bike lanes, green space, and outdoor gathering areas in and around the Van Aken District. As each step of planning progressed, the city updated its comprehensive plan and zoning map to reflect the evolving vision.
From a regulatory standpoint, the project moved through required channels, including the city’s the board of zoning appeals and planning commission. In Shaker Heights, the zoning appeals board and planning commission are comprised of the same people: the mayor, a councilmember, and three residents who volunteer their time.
This group reviewed issues such as parcel consolidation and variances related to building form.
A variance is special permission granted by the city to allow a property to be used in a way that does not fully meet current zoning rules. For example, if a building is taller than what zoning usually allows, the developer may request a variance to move forward with their design.
Given the project’s ambition, Shaker Heights likely adjusted outdated parking requirements by relying on shared parking structures rather than traditional suburban surface parking. They also permitted design features such as curbside plazas and outdoor dining. These flexibilities were intentional, designed to support a walkable, mixed-use district rather than replicate the typical strip mall model.
In short, none of this would have been possible without modernizing Shaker Heights’ land-use regulations. By transitioning from single-use zoning to a form that supported a vibrant, dense neighborhood, the city created the legal and policy framework needed to support Van Aken. This was Shaker Heights’ first true mixed-use neighborhood under the new code, and its success has since inspired similar efforts elsewhere in the city such as the application of TOD principles to the Chagrin-Lee area.
In many cities, the planning commission and zoning appeals board are separate entities. Let’s learn more about them.
The planning commission is a citizen board appointed by the mayor or city council that oversees land use planning and development proposals. Its responsibilities typically include reviewing site plans, approving subdivision layouts, recommending zoning changes, and ensuring that new developments align with the city’s comprehensive plan. For a large and complex project like the Van Aken District, a planning commission would review whether the development’s design, density, and land use mix meet the city’s vision for the area. A planning commission would hold public meetings where residents could share input. It would also work closely with city staff to refine project details before giving approval.
A board of zoning appeals is usually a separate body that handles exceptions to the zoning code. If a developer wants to do something that doesn’t meet the existing zoning rules, such as building closer to the street than normally allowed or using less parking than required, they must apply for a variance. The zoning board reviews these requests and determines whether granting an exception is reasonable, fair, and in line with the public interest. For Van Aken, this might have included variances for building setbacks, height, or shared parking in a garage rather than surface lots.
Together, the planning commission and zoning board provide checks and balances in the development process. Their reviews help ensure that projects meet both legal standards and community expectations. Ideally, they also will allow the flexibility needed for innovative, mixed-use developments to move forward.
Discussion Questions
How do zoning codes influence the type and character of development that can happen in a city?
How might the Van Aken District have looked different if the city had not approved changes such as mixed-use zoning or reduced parking requirements
How does the variance process allow cities to adapt zoning rules for unique or innovative projects such as the Van Aken District?
