Variances & Preliminary Plan Hawks Ridge Montville Township EXECUTIVE SUMMARY

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1 Variances & Preliminary Plan Hawks Ridge Montville Township Meeting: February 6, 2019 App. No.: PP Applicant: Pulte Group Owners: Crum Family Ltd., RTE Investments LLC, Thomas Kowal Trustee Engineer: TGC Engineering LLC Parcel Nos.: A , 003, and 005, A Site Area: acres Sublots: 268 Open Space: 81.6 acres (47.7%) Variances: 604(B)(9) Stub Streets/Cul-De-Sacs 604(C)(3) Access Points Zoning: R-2 Single-family Suburban Residential/ Controlled Density PRD Utilities: Central water and sanitary sewer School Dist.: Medina City Reviewer: Rob Henwood EXECUTIVE SUMMARY The site is located on the north side of Wedgewood Road (S.R. 162) and west of Wooster Pike (S.R. 3) (see location map). The proposal for the acre site includes 268 sublots to be built in four phases on public streets served by central water and sanitary sewer. Recommendation: APPROVAL WITH MODIFICATIONS ADJACENT ZONING/LAND USE Direction Zoning Land Use North R-3 Single Family Urban Residential Single-family homes East C-B Community Business Single-family homes, agriculture Commercial business South R-2 Single Family Suburban Residential Single-family homes West R-2 Single Family Suburban Residential Single-family homes, agriculture MCB Medina City Buffer Single-family homes Bennington Pt. Lafayette Twp. Subdivision R-R Rural Residential Lafayette Twp. Single-family homes, agriculture Proposal: The applicant proposes the following on the acre site: sublots 81.6 acres of open space (47.7% of the site area) o o o o Block A, 2.0 acres Block B, 9.6 acres Block C, 2.2 acres Block D, 6.0 acres o o o o Block E, 26.2 acres Block F, 1.4 acres Block G, 10.5 acres Block H, 19.3 acres 10 public streets and associated utility easements: o Two through street connections: Grovewood Lane (70 foot right-of-way [ROW]) o Block I, 1.7 acres o Block J, 2.7 acres 1 For the purposes of this staff review the following Preliminary Plan document was utilized: Preliminary Plan for Hawks Ridge. TGC Engineering. Project No. 1886: 1/4/2019. File Name: 1886 prelim plan-revised (med co).dwg. Eight sheets: dated stamped by DPS staff 1/11/2019.

2 Hawks Ridge, Variances & Preliminary Plan Waterbury Drive (60 foot ROW) o Five permanent cul-de-sac streets (Streets B, C, F, I, and H [60 foot ROW]) Sanitary sewer Central water Six stormwater basins Access: Access to the site is provided by the proposed Grovewood Lane, Waterbury Drive, and Street A; Grovewood Lane (70 foot ROW) accesses Wooster Pike (SR 3) and Sharon Copley Road (SR 162) to the east and also provided access to the west, Waterbury Drive (60 foot ROW) provides access to the north, and Street A (60 foot ROW) accesses Wedgewood Drive (SR 162) to the south. Map 1: Location Map Grovewood Lane will complete the through street connection shown in the Medina Area Transportation Task Force 2001 Final Report as Project No. 33 the Southwest Connector. Site Conditions: The site is primarily used for agriculture; the western boundary is primarily wooded. The submitted Preliminary Plan and the Geographic Information System (GIS) data indicate several streams flowing from the south and east to the northwest. The site has gently rolling topography and is steeper adjacent to the stream and ponds. Several wetlands are located throughout the site. GIS data indicates that five gas/oil wells are located on the site. The GIS data lists the following well permit numbers: Zoning: The purpose of the R-2 District is to provide for the development of single-family residential dwellings on subdivided lots with a minimum lot size of 22,000 square feet, and controlled density planned residential developments to discourage large concentrations of intensive development where it is desirable to preserve reasonable amounts of open space and maintain the suburban character of the Township. Montville Township Zoning Resolution Section ( ) 410.1(D)(3). Controlled Density Planned Residential Developments (PRDs) are a permitted use in the district. Comprehensive Plan: The proposed subdivision is not consistent with the 2016 Montville Township Comprehensive Plan Update. The Future Land Use map, Figure LU.10, recommends the subject site for commercial use. Staff Comments: This report presents the two variance requests and Preliminary Plan. The Medina County Planning Commission (MCPC) must vote on each item separately. Dept. of Planning Services Page 2 of 9 February 6, 2019

3 Hawks Ridge, Variances & Preliminary Plan VARIANCE REQUEST # 1 1. The applicant has requested a variance to 604(C)(3) Access Points of the Medina County Subdivision Regulations (Regulations) which states that [n]o single access subdivision shall contain more than 50 dwelling units. 2. The applicant requests 65 dwelling units be permitted in Phase 1 of the subdivision until such time as a through street connection can be made in Phase 2; this is 15 units over the permitted maximum number of dwelling units or a 30% increase. 3. The following justifications for the variance were submitted by the applicant: a. As drawn, Phase 1 consists of 65 lots on a temporary cul-de-sac until Phase 2 is constructed. This variance request is temporary in nature and is only required until such time as construction of Phase 2 is complete. b. The most preferred development entrance cannot be constructed until after the Ohio Department of Transportation (ODOT) completes the traffic circle, which will not occur until This physical constraint requires the entrance to the development to be created from the south on Wedgewood Road. This entrance is complicated by the fact that the utilities are in the northwest corner of the site. c. While Street A could be stopped short at the 50 unit threshold and a temporary T- Turnaround added, during the Medina County Concept Planning meeting, Montville Township representatives expressed a preference that extending the street to the [southern] permanent cul-de-sac [on Street B ] provides a safer and more practical turn-around for the trucks. The proposed plan incorporates that revision and facilitates that request. We believe extending the road to the permanent cul-de-sac provides the safest and most practical configuration for Phase 1 of this development [clarification provided by author] (A)(2) of the Regulations stipulates the criteria for granting variances. The criteria are as follows (Staff comments regarding compliance with the criteria are shown in italics): a. In order to approve a variance, the MCPC must find that an unnecessary hardship may result from the strict application of the Regulations due to exceptional topographic or other conditions. An unreasonable hardship could result from the strict application of the regulation requiring the maximum number of sublots on a cul-de-sac to 40 due to exceptional topographic or other physical conditions; the applicant s preferred first entrance to the subdivision is Grovewood Lane to the east to Wooster Pike and Sharon-Copley Road, however they are unable to utilize this entrance until ODOT constructs the roundabout planned for the intersection in If the applicant was allowed to utilize Grovewood Lane as the first entrance to the subdivision, they would not be impacted by the 50 sublot rule; as presented, the subdivision shows 68 sublots are proposed with frontage on Grovewood Lane over two phases and as such compliance with the 50 sublot rule could be easily achieved without a variance. b. The MCPC may vary the Regulations so as to relieve an established hardship, provided such relief may be granted without detriment to the public interest and without impairing the intent and purpose of these regulations or the desirable development of the neighborhood and the community. The MCPC may grant relief to the applicant without detriment to the public interest and without impairing the desirable development of the community, in fact the proposed street alignment and layout reflects the township s wishes to have the Phase 1 streets be built up to and Dept. of Planning Services Page 3 of 9 February 6, 2019

4 Hawks Ridge, Variances & Preliminary Plan including the southern permanent cul-de-sac on Street B as it provides a safer and more practical turn-around for trucks. In addition, the MCPC may grant a variance as granting the variance will not impair the intent and purpose of the regulations. The Regulations, however, provide little guidance regarding how much of a variance to grant or how much of a variance is too much. In the past 10+ years the MCPC has granted nine variances for streets (between May 2007 and present); four for cul-de-sac length and five for the MCPC Date Sub. Reg. Description Limit Proposal Variance % 4/4/ (B)(9) Units on cul-de-sac % 1/3/ (B)(9) Units on cul-de-sac % 1/3/ (B)(9) Cul-de-sac length (ft) 2,500 2, % 12/6/ (B)(9) Cul-de-sac length (ft) 2,500 2, % 8/3/ (B)(9) Cul-de-sac length (ft) 2,500 2, % 1/8/ (B)(9) Units on cul-de-sac % 7/3/ (B)(9) Units on cul-de-sac % 12/7/ (B)(9) Units on cul-de-sac % 5/2/ (B)(9) Cul-de-sac length (ft) 2,500 3, % Table 1: MCPC Street Variance Summary number of sublots on a cul-de-sac. The range of percentage granted over the limits for these types of variances range from 5.00% to 37.56% (see Table 1 above). The average variance granted for all these variances is 19.83%. The MCPC must decide if the requested variance is reasonable, or if not, how much of a variance is appropriate to be granted (A)(2) of the Regulations also states that the MCPC action must not conflict with certain policies, as follows: a. In no instance shall a variance be granted for the sole purpose of increasing economic benefit to the applicant. Granting the variance does not solely increase the economic benefit to the applicant; the street layout is proposed, in part, as a response to a request of the township and still achieves the intent and purposes of the regulations. b. In no instance shall a variance be granted which has the effect of nullifying the intent and purposes of the Regulations or a valid township zoning resolution if such exists. Granting a variance would not have the effect of nullifying the intent and purposes of the Regulations or the Montville Township Zoning Resolution. Recommendation: DPS Staff recommends that the MCPC APPROVE a variance to 604(C)(3) of the Regulations limiting a single access subdivision to 50 dwelling units (Variance Request #1); the MCPC must decide if the requested variance is reasonable or if not, how much of a variance is appropriate to be granted. VARIANCE REQUEST # 2 1. The applicant has requested a variance to 604(B)(9) Stub Streets/Cul-De-Sacs of the Regulations which states: For greater convenience to traffic, more effective police and fire protection, and efficiency of road maintenance, permanent cul-de-sac streets shall not serve in excess of 40 dwelling units, nor have a length in excess of 2,500 feet. The length of the cul-de-sac street shall be measured along the centerline of the proposed cul-de-sac street from the centerline of the Dept. of Planning Services Page 4 of 9 February 6, 2019

5 Hawks Ridge, Variances & Preliminary Plan nearest existing or proposed intersecting through street to the center of the cul-de-sac turn around. 2. The applicant requests 49 dwelling units be permitted on Streets E and F, which when combined form an effective cul-de-sac; this is nine units over the permitted maximum number of dwelling units or a 22.5% increase. 3. The following justifications for the variance were submitted by the applicant: a. As drawn, Streets E and F contain 49 lots. This variance request is temporary in nature and is only required until such time as construction of Phase 2 is complete. b. A plan was presented during the Concept Plan [m]eeting which showed an additional [northern] connection on to Street E (see Map 2). [The Montville Service Department] expressed concerns that this connection location presented both safety and practical challenges. [Clarification provided by author]. Map 2: Extra street connection. Map 3: Current Plan (no connection). c. In addition to the aforementioned northern route we presented during the Concept Plan meeting, we also evaluated three additional methods of connecting Streets G and H to the south to address the 40 lot limitation. They are as follows: i. Extending Street H to Street A This route is not possible to the large block of wetlands to the south of Street H. Additionally, directly south of the wetlands provides the best natural location for stormwater management adjacent to the low elevation. ii. Extending a new street south from Street G to Street B - This connection is constrained due to steep topographic challenges and difficult ravine crossings. The terrain is very steep and would inhibit the intention of Dept. of Planning Services Page 5 of 9 February 6, 2019

6 Hawks Ridge, Variances & Preliminary Plan iii. preserving sensitive natural area. Our design goal is to have a full swath of land preserved from the eastern edge of the site to the western edge and minimize any crossings of that environmentally sensitive area. We currently have only one crossing planned. Extending Street G due west to Street B This extension is constrained due to wetlands, topography and the presence of the main gas line and therefore not practical. We believe the plan currently presented offers the least environmental impact, greatest safety and overall practical maintenance solutions. 4. Per 203(A)(2) the criteria for approving a variance are as follows (Staff comments regarding compliance with the criteria are shown in italics): a. The MCPC must find that an unnecessary hardship may result from the strict application of the Regulations due to exceptional topographic or other conditions. An unreasonable hardship could result from the strict application of the regulation requiring the maximum number of sublots on a cul-de-sac to 40 due to exceptional topographic or other physical conditions; the applicant s original preferred first street layout showed an additional street connection to Grovewood Lane (see Map 2). If the applicant was allowed to utilize the additional street connection to Grovewood Lane, they would not be impacted by the 40 sublot limit as a through street connection is created. The applicant elected not to create the through street connection in response to the Township Service Department concerns over safety and practical challenges presented by the proposed additional intersection with Grovewood Lane. b. The MCPC may vary the Regulations so as to relieve an established hardship, provided such relief may be granted without detriment to the public interest and without impairing the intent and purpose of these regulations or the desirable development of the neighborhood and the community. The MCPC may grant relief to the applicant without detriment to the public interest and without impairing the intent and purpose of the regulations or the desirable development of the community. The applicant demonstrates that other through street connections are not practical due to topographic issues and the locations of streams, wetlands, and a gas line. As indicated above, the Regulations provide little guidance regarding how much of a variance to grant or how much of a variance is too much. In the past 10+ years the MCPC has granted nine variances for streets, the range of the variances granted over the limits for all these types of variances range from 5.00% to 37.56% and the average variance granted is 19.83% (see Table 1 above). When specifically evaluating variances granted for the maximum number of sublots on a cul-de-sac, variances ranged from 5.00% to 25.00% and the average variance granted was 17.50%. The MCPC must decide if the requested variance is reasonable or if not, how much of a variance is appropriate to be granted (A)(2) of the Regulations also states that the MCPC action must not conflict with certain policies, as follows: a. In no instance shall a variance be granted for the sole purpose of increasing economic benefit to the applicant. Granting the variance does not solely increase Dept. of Planning Services Page 6 of 9 February 6, 2019

7 Hawks Ridge, Variances & Preliminary Plan the economic benefit to the applicant; the proposed street layout is proposed, in part, as a response to a request of the township and still achieves the intent and purposes of the regulations. b. In no instance shall a variance be granted which has the effect of nullifying the intent and purposes of the Regulations or a valid township zoning resolution if such exists. Granting a variance would not have the effect of nullifying the intent and purposes of the Regulations or the Montville Township Zoning Resolution. Recommendation: DPS Staff recommends that the MCPC APPROVE a variance to 604(B)(9) of the Regulations limiting a the number of dwelling units permitted on a cul-da-sac to 40 (Variance Request #2); the MCPC must decide if the requested variance is reasonable or if not, how much of a variance is appropriate to be granted. PRELIMINARY PLAN Agency Comments: Italicized text indicates quotations from submitting agency comments. Sanitary Engineer, Jeremy Sinko, 1/24/2019, APPROVED 1. Detailed engineering plans at the time of construction must meet the current rules and regulations for water and sanitary sewer per the Sanitary Engineer s Office. 2. Existing sanitary sewer utilities will need to be extended along property frontage abuts Wooster Pike Road (SR 3) and Wedgewood Road (SR 162). 3. The existing water main along Grovewood Lane must be extended and looped to the existing water mains along Wooster Pike Road (SR 3) and Wedgewood Road (SR 162). Highway Engineer, Matt Martin, 1/24/2019, DISAPPROVED 1. O.D.O.T. approval for S.R. 3 and S.R. 162 access. 2. The portion of Grovewood Lane within the Commercially Zoned frontage of SR 3 to have a thickened pavement section determined during construction plan review process. 3. Ensure any applicable Montville Township setbacks are shown (riparian and wells). 4. Drainage Maintenance Funds to be established. 5. Strictly maintain watersheds to mitigate negative impacts. 6. Provide/show storm sewer overland flood routes as part of the drainage design. 7. Rear storm sewer systems and easements should be located in open space if possible. Additional rear storm sewers may be required during construction plan review. 8. Montville Township to provide approval for rolled curb option. 9. Re-align Streets G and H intersection to provide a more defined intersection layout. 10. Street A to be upgraded to a minor collector due to anticipated traffic volumes. 11. Include the construction of the pavement at existing Grovewood Lane as part of the plan. 12. Remove Sublots 236 and 246 due to existing gas line. 13. Provide well and gas line owner contact information. 14. Prior to Preliminary Plan approval the developer is to provide standards from the gas company for street crossings. These standards may require significant revision to the subdivision layout. Ohio Department of Transportation (ODOT), Jared Feller, 1/24/2019. ODOT has no objections to the preliminary plan for the proposed Hawks Ridge subdivision. The developer has met with Dept. of Planning Services Page 7 of 9 February 6, 2019

8 Hawks Ridge, Variances & Preliminary Plan ODOT regarding the proposed access points along SR 3 and SR 162, and is aware of ODOT s permit requirements. A permit will need to be issued by ODOT for the proposed access point (Street A) shown along SR 162, west of SR 3. The developer will also construct the west leg of the proposed roundabout at the northern SR 3 & SR 162 intersection and plans to construct this access point after the completion of the ODOT roundabout project. The relocation of the existing Aspire gas main along Grovewood Lane on the west side of SR 3 will need to be determined. Where this gas main is relocated will affect how Aspire ties the gas main into a new Columbia Gas of Ohio pump house that will be constructed. A meeting was held in September 2018 with the developer, gas companies, and ODOT to discuss the relocation of the gas main. Medina Fire Department, Assistant Chief, Mark Crumley, 1/18/ Fire hydrants need to be located every 300 feet. 2. The fire hydrant side of the street will need signage that read No parking This Side of Street. Health Department, Christine Fienga, 1/10/2019. Public water and sewer: this office has no comment. Tax Maps, Beth Mika, 11/14/2018, APPROVED. Final plat will be subject to the Engineer Land Conveyance Standards found at: Montville Township, Planning and Zoning Director, Paul Jeffers, 11/14/2018, CONDITIONAL APPROVAL. The Concept Plan meets the total allowed homes and the open space requirements. The proposal of Phase I with greater than 50 homes per one access point would need to be approved by the Zoning Commission (with high emphasis on the MC Planning Commission also giving approval). Per discussion regarding the wetlands and the Category 2 setbacks of 75 feet, a variance will need to be granted for those areas in which the 75 feet cannot be met. HOA documents will need to be submitted for review by township legal counsel. TransCanada/Columbia Gas, Russ Johnson, 11/13/2018. APPROVED Soil and Water Conservation District, Jim Dieter, 11/5/2018 Wetland and stream areas must be clearly marked to limit construction and homeowner use. Open space areas behind building lots need to be marked so these areas do not become yard extensions for the homeowner. The [Homeowner s Association] (HOA) will need to monitor these areas. Signage should be installed to limit construction access. Wadsworth and Rittman soils are the primary soil of this development. The limitations of this soil are moderate wetness for homes with basements. Wetlands have been delineated on this site. They will need to be marked and protected. The storm water management ponds appear to be located in the open space areas. The HOA will need to make a plan in order to manage these ponds once the building phase of construction has been completed. The ponds will require maintenance that may include cleaning the pond due to sediment buildup and future dam/spillway maintenance. Dept. of Planning Services Page 8 of 9 February 6, 2019

9 Hawks Ridge, Variances & Preliminary Plan Staff Comments: 1. The applicant submitted the following documents as part of the Preliminary Plan application (Subdivision Regulations [Regulations] section references are included): a. Draft Declaration of Covenants, Conditions, Easements, and Restrictions of Crum Kowal Acres Subdivision: Montville Township, Medina County, Ohio. 404(C)(2)c.8 b. A copy of a letter dated October 1, 2018 from Teresa Spagna, Chief, North Branch, Huntington District, United States Army Corps of Engineers (USACE) indicating that the Preliminary Jurisdictional Determination has been issued for the proposed subdivision. 404(C)(2)c The following required data/information was not provided on or with the Preliminary Plan (Regulations section references are included): a. A copy of the Developers Notice of Intent to obtain an Ohio Environmental Protection Agency stormwater management permit (NOI) if applicable. 404(C)(2)d.7. Submit a copy of the NOI if applicable. b. Ten foot reservation strip[s are required] to control access from a stub street to undeveloped land within the dedicated right-of-way. 604(B)(8). Add access reservation easements at phase boundaries to limit access to the streets. 3. The proposed subdivision substantially meets the standards and requirements of the Regulations per 404(C)(4)b The applicant HAS NOT submitted evidence indicating that the proposed subdivision meets the standards and requirements of the Montville Township Zoning Resolution per 404(C)(4)b The Sanitary Engineer has determined the subdivision will be adequately serviced by sanitary sewer subject to approval of detailed plans per 404(C)(4)b The Highway Engineer HAS NOT determined the Preliminary Plan for streets, stormwater management and natural drainage ways protection is acceptable subsequent to the approval of more detailed construction drawings per 404(C)(4)b.3. Recommendation: DPS Staff recommends that the MCPC APPROVE WITH MODIFICATION the Preliminary Plan for Hawks Ridge subdivision subject to the following: 1. Submit the required data/information as listed above on or with the Preliminary Plan. 2. Submit evidence indicating that the proposed subdivision meets the standards and requirements of the Montville Township Zoning Resolution. 3. Satisfy the above listed comments from the Highway and Sanitary Engineers. 4. Satisfy the above listed comments from the Medina City Fire Department. The applicant shall provide all requested documentation and three full size copies of the corrected Preliminary Plan (including a PDF copy of the layout) prior to Final Plat submission. Attachments: GIS map Preliminary Plan Variance narrative R:\wp\planning\major_subdivisions\2019\hawks_ridge_preplan_var\hawks_ridge_preplan_variances_ docx Dept. of Planning Services Page 9 of 9 February 6, 2019

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18 387 Medina Road, Suite 1700 :: Medina, OH :: :: fax Hawks Ridge Development Application for Variance Submittal Variance Request # 1 - Article VI, 604, C, 3. Access Points: No single access subdivision shall contain more than 50 dwelling units. As drawn, Phase 1 consists of 65 lots on a temporary cul-de-sac until Phase 2 is constructed. This variance request is temporary in nature and is only required until such time as construction of Phase 2 is complete. The most preferred development entrance cannot be constructed until after ODOT completes the traffic circle, which will not occur until This physical constraint requires the entrance to the development to be created from the south on Wedgewood Road. This entrance is complicated by the fact that the utilities are in the northwest corner of the site. While Street A could be stopped short at the 50 unit threshold and a temporary T-Turnaround added, during the Medina County Concept Planning meeting, Montville Township representatives expressed a preference that extending the street to the permanent cul-de-sac provides a safer and more practical turn-around for the trucks. The proposed plan incorporates that revision and facilitates that request. Streets G & H will not be constructed until a later phase and therefore are not included in the 65 lots. We believe extending the road to the permanent cul-de-sac provides the safest and most practical configuration for phase 1 of this development. Variance Request # 1 - Article VI, 604, B, 9. Cul-de-sac Dwelling Units: Permanent cul-desac streets shall not serve in excess of 40 dwelling units. As drawn, Streets R & F contain 49 lots. This design has been studied and we believe the current design presents the most practical design solution. This requested variance is a combination of requested changes from Montville Township and physical/environmental design challenges. A plan was presented during the Medina County Concept Planning Meeting which showed an additional connection on to Street E. All parties expressed concerns that this connection location presented both safety challenges and practical challenges for the Montville Service Department. Page 1 of 2

19 387 Medina Road, Suite 1700 :: Medina, OH :: :: fax In addition to the aforementioned northern route we presented during the Concept Planning meeting, we also evaluated three additional methods of connecting Streets G & H to the south to address the 40 lot limitation. They are as follows: Extending Street H to Street A This route is not possible to the large block of wetlands to the south of Street H. Additionally, directly south of the wetlands provides the best natural location for stormwater management adjacent to the low elevation. Extending a new street south from Street G to Street B - This connection is constrained due to steep topographic challenges and difficult ravine crossings. The terrain is very steep and would inhibit the intention of preserving sensitive natural area. Our design goal is to have a full swath of land preserved from the eastern edge of the site to the western edge and minimize any crossings of that environmentally sensitive area. We currently have only 1 crossing planned Extending Street G due west to Street B This extension is constrained due to wetlands, topography and the presence of the main gas line and therefore not practical. We believe the plan currently presented offers the least environmental impact, greatest safety and overall practical maintenance solutions. We are therefore requesting these two variances for your consideration. Page 2 of 2