SAGAMORE HILLS TOWNSHIP ZONING COMMISSION MEETING. Monday, January 26, 2015 media notified

Transcription

1 SAGAMORE HILLS TOWNSHIP ZONING COMMISSION MEETING Monday, January 26, 2015 media notified The meeting was called to order by Chair, Dr. David Koncal at 7:00 p.m. at the Northfield Elementary School, 9374 Olde Eight Road, Northfield, OH. Dr. Koncal stated the first meeting of the year required the board to reorganize and take care of some board business before proceeding. R/C: Dr. Woodruff-present; Chasar-present; Lachina-present; Dr. Koncal-present; Witkiewicz-present. Attorney Jeffrey Snell was in attendance. The first issue was to close out business for The business at hand was the minutes from the November 24, 2014 meeting and the December 22, 2014 Work Session. Dr. Woodruff made a motion to approve the November 24, 2014 Regular Meeting minutes as submitted. Seconded by Mr. Lachina. R/C Vote: all in favor Mr. Chasar made a motion to approve the December 22, 2014 Work Session minutes as submitted. Seconded by Mr. Witkiewicz. R/C Vote: all in favor Mrs. Taylor opened the floor for nominations for Chair. Dr. Woodruff nominated Dr. David Koncal for Chair. Seconded by Mr. Chasar. Dr. Koncal asked whether there were any other nominations. Mr. Chasar made a motion to close the nominations. Seconded by Dr. Woodruff. R/C Vote: Dr. Woodruff-aye; Chasar-aye; Lachina-aye; Koncal-abstain; Witkiewicz-aye. Dr. Koncal s first order of business as the Chair for 2015 was to oversee the election of the Vice Chair. Dr. Koncal nominated Mr. Chasar as Vice Chair for 2015 and moved that the nominations be closed. Seconded by Dr. Woodruff. R/C Vote: Dr Woodruff-aye; Lachine-aye; Dr. Koncal-aye; Witkiewicz-aye. The first order of business and the reason for the meeting was a developer was to speak about what he wanted to do with the 93 acres off of Dunham Road. Dr. Koncal read an dated December 24, 2014 sent by Jeff Snell to the residents that had supplied their s in order to be kept apprised of updates on the 93 acres sold by the Nordonia Hills City School District. ( attached) Dr. Koncal stated we had the room until 9:00 p.m. and rather than introduce the developer first, which is the procedure at our regular meetings, Dr. Koncal chose to make a few opening comments that hopefully would speed up the meeting and allow more time for residents to comment and ask questions. The Zoning Commission and the Township had the developer s plans for over a month to review. The Zoning Commission requires that they have a developer s plan ten days prior to a zoning meeting.

2 Monday, January 26, 2015 Page 2 The purpose of zoning is to try and preserve the character of our neighborhoods. The neighborhood around the Dunham Road property is residential. Zoning can keep factories and stores from going in there, but cannot stop a residence or residences from going in there. Our zoning is one acre one residence. There is an exception to that rule and that is cluster zoning. Dr. Koncal gave a brief description of cluster development from our zoning book. (Pages 3-3 & 3-4, items 5, 5.1, 5.2) There are advantages to the township to have cluster development and the township encourages cluster development. Cluster development allows our woods, meadows, ponds and general wildlife areas to stay and never be removed. The developer also has the advantage of not having to develop a lot of sewer lines, water lines and streets on the entire parcel of land, but have to promise the township that 40% of the land stays undeveloped, untouched open space. Dr. Koncal stated the developer has shown the township they plan to use approximately 59 acres of the Dunham Road property to put 104 homes on. The rest of the property will be open space. A problem has been identified that some of the open space consists of some high tension power lines (utility easements). At the northwest corner there is approximately ten acres of utility easements and right-of-ways which cannot go into the open space. There is also a gas line going through there that is possibly coming from a gas well on the property. If it is an active gas line nothing can be built above it. There is an existing pond on the property which would be available as open space as long as it stayed in its natural state. The retention ponds cannot be built in open space. No bulldozers are allowed in open space. There is an abandoned water/sewer line on the property that went to the old school site. The developer can build on top of this and it can be used as part of the 40% open space. There are some proposed trails in the open space, which are a nice amenity, but no chain saws or tractors are allowed in the open space. Dr. Koncal read a letter dated December 29, 2014 written by the Sagamore Hills Trustees to the Summit County Engineer regarding the entryway/exit opposite Valley View Road. (Letter attached) Dr. Koncal read a letter dated January 21, 2015 from the Service Director of Sagamore Hills Road Department, Mr. Cuprak, regarding road maintenance, snow removal and future pavement repair or replacement in the new development. (Letter attached) Dr. Koncal asked Mr. Weber, engineer, and Mr. Karnow, developer, to come forward to present their plan. Mr. Weber stated Mr. Karnow of Sagamore Land Properties is a resident of Sagamore Hills, builds homes in the area and surrounding communities. Mr. Karnow called Mr. Weber to take a look at the Dunham Road property. They first looked at it on aerial photographs. After walking the property in 8 inches of snow last year, Mr. Weber told Mr. Karnow there were a lot of things to deal with from an engineering standpoint. Mr. Weber said Mr. Karnow still felt they could do something to compliment Sagamore Hills. Mr. Weber and Mr. Karnow walked the property again after the weather improved.

3 Monday, January 26, 2015 Page 3 Mr. Weber stated their interpretation of Section 5.2 may have been with blinders on in regard to use of the open space. They have to have 40% open space which he believes is absolutely achievable, and confident they can meet the code. Mr. Weber stated the homes that would be built by Mr. Karnow would be a compliment to the area, a cluster development with a traditional residential feel. The homes average 2700 sq. ft. and priced in the neighborhood of $330,000 and up. Mr. Karnow builds homes per year, and has a subdivision in Macedonia. Mr. Weber conceded there are some things they have to overcome to meet the zoning code. They could create some buffers between the existing residential properties and the new lots by shortening them up by feet. Some of the items brought up by Dr. Koncal were engineering items and would be addressed through engineering. Mr. Weber said, The reality of it is, we can put 104 homes on this property even if all we have is 20 acres to work with. If we can find a way per the code, if there were only 20 acres to work with of the 105, by code we could put in 104. A recreational building was intended, but it may or may not happen depending upon the flexibility or the ability to work together with the township and the requirements. Mr. Weber asked whether there were any questions. Dr. Koncal asked Mr. Karnow whether he built some homes in Red Hawk Reserve. Mr. Karnow replied he built 20 homes in the Red Hawk Reserve. Dr. Koncal stated Red Hawk Reserve is another cluster development that is in Sagamore Hills, North of Rt. 82 off of Gannett and Carter Roads. Mr. Snell said he asked Mr. Weber to clarify the actual acreage of the property because the question had been asked repeatedly by residents. Mr. Snell said Mr. Weber had certified that the land mass is actually acres. That is important because you can build one house on an acre, that is 104 homes not 105 homes. The proposal that was submitted was for 105 homes. The discrepancy was the original legal description that included property that was actually part of the right-of-way of Valley View Road. Mr. Snell clarified with Mr. Weber that the difference between the new plan he presented and the one we have that has been circulated and posted on the township website is the buffers and the lot size. Instead of the lots being 150 ft. deep, they would be 120 ft. deep to give more open space. Dr. Koncal said the principal problem we had with the original plan is they would be allowed 62 acres to build on provided they gave us 42 acres of undisturbed open space. Mr. Weber said the original plan had 46 acres of undisturbed open space, but by taking out the utility line easements, the gas line easement and the recreation hall, that left only about acres of open space. They have to come up with some additional open space to be able to go ahead with this cluster development as they are proposing. Dr. Koncal said when Mr. Weber brings a new plan like this, they have to have an additional ten days to review it before they would consider voting on it. Mr. Weber said he only brought the new plan as a presentation to identify the fact that they have options for additional open space. Mr. Snell confirmed that this new plan would put a buffer between the Hawthorne Circle neighborhood and the development, the towpath area and the development and increases the green space along some of the lots coming in off of Valley View towards the back of the former Domzalski property.

4 Monday, January 26, 2015 Page 4 Mr. Weber stated the perimeter of the entire original 93 acre portion will have a buffer and the 11 acre parcel would not have a buffer on the east side due to the existing roadway easement. Mr. Snell asked Mr. Weber what this kind of layout would have in open space. Mr. Weber replied acres, but will need to work through the details. Mr. Karnow said there will be about 60 acres of space that will not be developed. Dr. Koncal said a letter was submitted to the township on Monday, January 26 th from Ms. Loya on behalf of her mother that had some good questions, and he wanted to bring those questions up so that Mr. Weber or Mr. Snell could perhaps answer them. 1. Will traffic studies with the county be done regarding the proposed Valley View road entrance/exit? Dr. Koncal stated the township trustees have already contacted the County Engineer. (Letter previously read by Dr. Koncal) The trustees do not make that decision. 2. Off of Valley View, how can a private drive just be removed? Mr. Snell said there are three properties that share a private drive that go out to Valley View Road. It is his understanding that all of the roadways will be developed on the property that the developer owns, and nothing will be done on the adjoining property owners. Mr. Snell said the county can determine whether the three property owners can maintain a separate driveway or whether they have to tie into a different roadway with their driveway. 3. What happened to the private cul-de-sac proposed to Summit County off of Valley View? Dr. Koncal said initially the 11 acres was not going to be connected. There is a problem with traffic exiting on to Valley View Road and the Summit County Engineer will have to make a decision on this. The Fire Department always wants at least two entrances into a subdivision for safety purposes. Mr. Snell said the private cul-de-sac was a concept plan proposed to the County Engineer and that is now not part of this proposal. 4. Has the storm water impact been estimated for current property owners on Dunham Road where a proposed pond is wanting to be built at the very end of their existing properties? Dr. Koncal said this is up to the county engineer. 5. Is West Hill Drive misrepresented on the proposed maps? Dr. Koncal said no, it is just not completely shown. 6. What is the storm water retention for the approximately 78 home sites off Dunham Road? Dr. Koncal said this is something the county engineer will be deciding. 7. Open space areas throughout does this mean that the current natural wilderness will be left or will that still be knocked down for grass to be planted? There are lots of lush pine forests on the Sagamore Road side of the property and down towards the Hike & bike Trail. Dr. Koncal said no bulldozers, no tractors, and no chain saws. Dr. Koncal asked whether the board had any questions. There were no questions. Dr. Koncal opened the meeting up for questions from the floor.

5 Monday, January 26, 2015 Page 5 Mr. Millard, Dunham Road, expressed his concerns about water runoff because there is already flooding on Dunham Road. Mr. Snell said once the developer gets a concept plan that is approved, the next step will be a stormwater plan. The county engineer will approve it, the township will post it and welcome any input that anyone has on stormwater, piping, ditches and address it. Gary Spriggs, 8588 Eaton Drive, asked whether the developer would be the sole builder of all the homes. Mr. Weber replied yes. Mr. Spriggs asked under Phase I would the roadway from Valley View to Dunham be placed in. Mr. Weber said that roadway would be tied in during the second phase. Al Papesh, Dunham Road, expressed his concern about septic systems and that in the future the county would require the township to connect to the sewer system. Mr. Snell, who was on the Summit County Health Board for twenty-two years, replied that if you have a septic system that operates you can continue to have it; if your septic system has an issue and it can be repaired you can continue to have it; if your entire septic system needs to be repaired and sewer is available at a reasonable cost, then you would be required to connect. The only one to extend the sewer would be the county. There has been no discussion with the county about extending a sewer on Dunham Road. Mr. Papesh replied that he is afraid the township as a township might get blindsided by the county having to incur the cost of putting in sanitary if the county requires it down the road. Mr. Snell replied that to his knowledge the county has not forced any community to extend a sewer system. Mr. Papesh said they did it in Cuyahoga County. Cathy Loya, 9186 N. Bedford Road, spoke on her behalf and on her mother s behalf that lives on 1134 Sagamore Road. Ms. Loya expressed her concerns that the developer s plan was wrong for the Nordonia Hills community and it was wrong on how Sagamore Land Properties came to purchase this land from the Nordonia Hills School Board. Ms. Loya urged the members of the Zoning Commission to please do what is right for Sagamore Hills Township, its residents and the Nordonia Hills Community and please do not allow this proposal to come to fruition. Dan Soukup, 8063 Sandstone, expressed his concern regarding the effect of an additional 104 homes on the school system and the effect on property values and taxes. Mr. Snell stated the Trust for Public Land was trying to purchase the 93 acres and had a contract that the township trustees passed a resolution in support of. The trustees supported the purchase of the land by the Summit County Metroparks and were an active supporter in trying to make it happen. Obviously everyone is aware of what happened. The property is zoned R1 and it can be developed. Numerous residents expressed their concern that most of the people of Sagamore Hills do not want this development. Mr. Weber said they are sensitive to what the residents expect, what they are allowed to do by code and what makes sense that is a compliment to the township. Bob Miller, 960 Westhill Drive, commented that in one sense they said it is one house one acre, but in another sense they said they can build whatever they want. Dr. Koncal replied no, they cannot build whatever they want. Mr. Chasar said one house one acre is one kind of development, but this is a cluster development. Under cluster development the only setbacks required shall be a building line by at least 35 ft. from any new street right-of-way line and 100 ft. from any existing street right-of-way. The building shall be no closer than 20 ft. to another. No building shall be closer than 10 ft. from the property line of the cluster development property line.

6 Monday, January 26, 2015 Page 6 There is no minimum lot size requirement, but you have to be 35 ft. off the road and 20 ft. away from your neighbor. That is why the developer can be flexible in building this development. Mr. Snell gave an overview of other cluster developments in Sagamore Hills and pointed out that cluster developments preserve more open space. Dave MacRaild, Valley View asked what was the least amount of square footage for the smallest home, the largest amount of square footage for the larger home, and the lowest starting price of a home. Mr. Karnow replied the ranch style home is 2000 square feet and the two-story home is 2300 square feet. Mr. Weber stated the homes start at $330,000. Mr. Snell said in our zoning code there is a requirement of house size. It applies to everyone in R1. A one story house shall have a minimum of 1100 square feet of living area. A standard garage would be 400 square feet. A multi floor dwelling is 750 square feet on the first level with a total living area of 1500 square feet, plus a garage. Ron Bof, Dunham Road, asked how long it would take to build this development. Mr. Weber replied seven years. Ted Bodnovich, Valley View Road, expressed concerns regarding the 1300 square feet of roadway in front of his home increasing his property taxes. Mr. Bodnovich commented before this gets approved or disapproved, he would like to meet with the township trustees and the engineers to see how this would affect his property. When the Towpath was put in the water table was disturbed, and Mr. Bodnovich lost his water well and had to re-drill the well at his own expense. Dr. Koncal said there will be a meeting with the township and the three residences on Valley View. Mr. Snell asked Mr. Bodnovich and the other residences to see him after the meeting to obtain their contact information. Jill Ferrara, Dunham Road, expressed her concern about the new houses being built too close to the fence at the back of her property and whether the buffer zone would have landscaping. Mr. Snell reminded everyone this is only a concept plan and the developer will be revising this plan. When the township receives a revised plan, it will be posted on our website. Anyone that signed in and provided an address will receive the revised plan by . If anyone wants to send in any comments, please send them to Joanne Taylor, admin@mysagamorehills.com, who will accept everyone s s on behalf of the township. Carole Pleskovic, 814 Southridge Road, said the Mottl property is in her back yard, and appreciated that the 192 cluster development was stopped. She would have preferred if the Nordonia Hills City District School Board would have sold the Dunham Road property to the metroparks, and also expressed concern regarding stormwater. Sagamore Hills Township Trustee Paul Schweikert said if Mr. Karnow decides not to move forward with a revision, that the township is still interested in trying to put together something with the Trust for Public Land and sit down and talk with him about purchasing the land. Dr. Koncal thanked everyone for coming and said everyone will be kept informed of any future developments.

7 Monday, January 26, 2015 Page 7 There was no further business. Dr. Woodruff moved to adjourn at 8:45 p.m. Seconded by Mr. Witkiewicz. R/C Vote: all in favor