Planning Commission Text & Map Amendments Pavluk Properties Hinckley Township Meeting: August, 08 App. No.: 05-08-MA & TA Owner: The Pavluk Family Limited Partnership Applicant: Zoning Commission (Terry Properties, Ltd.) Site Area: 0.0 acres Parcels: Parcel ID No.: 0-03C-03-003 Text Amend.: Add Section ( ) R3: SHPUD Senior Housing Planned Unit Development District Amend.: R- Single-Family Residential to SHPUD Utilities: Central water and sewer School Dist.: Highland Local Reviewer: Rob Henwood EXECUTIVE SUMMARY The subject site is located on the south side of Center Road (SR 303) east of the intersection with West 30 th (see Map : Location Map). The applicant proposes to create new zoning text Section R3: Senior Housing Planned Unit Development (SHPUD) to the Zoning Resolution and to change the zoning district on the subject property from R- Single-Family Residential to SHPUD. The proposal includes one parcel comprising 0.0 acres. Central sewer and water facilities are available. Recommendation: Text amendment APPROVAL WITH MODIFICATIONS. amendment APPROVAL. Map ADJACENT ZONING/LAND USE Direction Zoning Land Use Single-family home fronting on SR 303 (south side) North R- Single-Family Residential Single-family homes Arborcrest Reserve Subdivision Agriculture Hillside Orchard & Farm Market East R- Single-Family Residential Single-family homes fronting on SR 303 & Stoney Hill Rd. Water tower South R- Single-Family Residential Single-family homes Country Side Reserve Subdivision West B- General Business Single-family homes fronting on SR 303 Proposal: The Hinckley Township Zoning Commission (ZC) forwarded a proposal submitted by the applicant, Terry Properties, Ltd., who proposes to add a new section to the Hinckley Township Zoning Resolution (ZR), R3: SHPUD and further to change the zoning district on the 0.0 acre subject property from R- to SHPUD, pursuant to Ohio Revised Code (ORC) 59.(B). Under B, a property owner may apply to establish a Planned Unit Development (PUD) district for a particular property that he/she owns. At the same time, the applicant submits a text amendment to the zoning resolution that contains the regulations that will apply to the specific property only. The adoption of the PUD district and the regulations are legislative acts and subject to referendum. Once adopted, however, approval according to the adopted regulations is administrative.
Site Conditions: The site is vacant and currently used for agriculture, approximately 70 percent, and wooded, approximately 30 percent (see the GIS map). The site has gently rolling topography and contains two ponds. Access: The site has direct frontage on Center Road. Don-Pre Lane, a public street with 0 feet of right-of-way (ROW) stubs to the site on the southwest. There appears to be platted street ROW stubbing to east side of the subject site. The 0 foot ROW is flanked by Blocks A and B of the Eleanor Pelcarsky s Stoney Hill Subdivision; Block A, on the north side of the ROW, is owned by the Medina County Board of Commissioners and Block B, on the south side, is owned by Lois Ann Pelcarsky. Map : Location Map Current Zoning: The purpose of the R- District is to provide for the development of low density single-family residential dwellings on subdivided lots with a minimum lot size of two () acres that will promote the continuation of the predominately rural character of the Township. Permitted uses include detached single-family homes, accessory buildings and uses, and rear or back lots (ZR R.) Conditionally permitted uses include the following ( R.3): Home-Occupations: Home-Based Government Owned or Operated Recreation Areas Institutions for Human Care Churches and Other Places of Worship Educational Institutions Public Buildings Funeral Homes and Mortuaries Parks and Recreation Areas Golf Courses Cemeteries Area, yard, and height requirements include ( R.4): Minimum Lot Area: acres Minimum Lot Frontage: 75 feet Minimum Lot Width at Building Line: 75 feet Minimum Lot Width at Street ROW: 75 feet Minimum Front Yard Setback: 90 feet from the street ROW or 0 feet from the centerline on a private street. Corner lots shall comply with the front yard setback for each street on which the lot has frontage Minimum Side Yard Width: 30 feet Minimum Rear Yard Depth: 50 feet Minimum Setback from Side Lot Line for Driveways: 5 feet Maximum Height of Buildings: 35 feet Planning Commission Page of November, 07
Comprehensive Plan: The Future Land Use Map, Figure LU.0, of the 05 Master Policy Plan recommends the subject site for single-family residential use (see Map : Future Land Use). Objective LU.4 states that the community should [g]row consistently with the future land use map. Action LU.4. states [m]ake future development and zoning decisions that support the implementation of the Future Land Use Map. Site Objective LU. states that the community should [p]romote rural low-density development by [m]aintain[ing] a -acre minimum lot size in the R- District (Action LU..) and [d]irect[ing] densityneutral conservation development as a preferred Map : Future Land Use alternative development option in designated areas as shown on the future land use map (Action LU..). Objective LU.3 also recommends that the community should [s]upport senior housing in the Township by support[ing] the rezoning of properties currently served by infrastructure to allow the development of senior housing (Action LU.3.) and [a]mend[ing] the Zoning Code to allow detached senior housing on small lots or cluster developments that will not exceed the maximum gross density of the zoning district (Action LU.3.). Proposed Text (Staff Comments are indicated by italicized text): SECTION R3: SENIOR HOUSING PLANNED UNIT DEVELOPMENT (PUD) ROUTE 303 & West 30 TH STREET LOCATION R3. Purpose R3. Permitted Uses R3.3 Project Area/Permitted Density R3.4 Common Open Space R3.5 Area, Yard and Height Regulations R3. Dwelling Unit Requirements R3.7 Common Areas on Lots in Addition to Common Open Space R3.8 Development and Site Planning R3.9 Waivers R3.0 Project Review Procedures Sub-Section R3. PURPOSE The Senior Housing Planned Unit Development, Route 303 & West 30 th Street Location, henceforth referred to as the Senior Housing PUD, and prepared pursuant to Section 59.0(B) of the Ohio Revised Code, is established to provide for the development of low density senior housing in a cluster single family development at a maximum density of () dwelling unit per acre and to be applied to the Pavluk Property on Route 303 (Permanent Parcel Number 0-03C-03-003). The PUD promotes Hinckley Township s objective of permitting senior living options at a density most consistent with prevailing aspirations and characteristics of the Township, as articulated in the Comprehensive Plan, while preserving the predominately rural character of the Planning Commission Page 3 of November, 07
Township and maximizing conservation of open space and promoting the most desirable and beneficial use of the land in conformity with this Section. State Route 303 is known as Center Road throughout Hinckley Township. The ZC may wish to consider amending the district title. The subtitle Route 303 & West 30 th Street Location implies that other locations are potentially possible. The ZC may wish to consider editing the title to something similar to the Center Road or Stoney Hill Road Senior Housing Planned Unit Development; something that closely ties the SHPUD to its location. The site is located closer to Stoney Hill Road than West 30 th. The text of the first sentence indicates that the district will be henceforth referred to as the Senior Housing PUD. The second sentence refers to the district as the PUD. For purposes of brevity and consistency Department of Planning Services (DPS) staff recommends the district be referred to as the SHPUD. Sub-Section R3. PERMITTED USES Within the PUD, no building, structure, or premises shall be used, arranged to be used, or designed to be used, except for one or more of the following uses: A. Detached Single Family Dwellings. These dwellings shall be exclusively for occupants 55 and older as set forth in the Fair Housing Act. One of the approved homes may be used as a model home, until ninety-five percent (95%) of the units are completed and occupied at which time the use of the dwelling unit as a model shall cease. B. Accessory Buildings, Structures, and Uses: The following accessory buildings, structures, and uses are permitted provided these uses are clearly incidental and secondary to the principal use:. Parking;. Signs; 3. Ponds and lakes; 4. Community facilities such as recreation facilities and trails; 5. Home Occupations as regulated in Section R.E. No sheds or other detached accessory buildings or sheds are permitted on any individual home lot. The term sheds is unnecessarily repeated. Sub-Section R3.3 PROJECT AREA/PERMITTED DENSITY A. Minimum Project Size: The total gross area of the PUD shall be a minimum of sixty (0) acres, all of which shall be contiguous. Contiguous lands that are less than sixty (0) acres may be added through a separate zoning amendment initiated by a property owner or the Township. The minimum project size is not relevant as the proposed SHPUD is applicable to Parcel Number 0-03C-03-003 per R3. above. If there is a desire to allow for expansion of the SHPUD, only the specific parcels, indicated by parcel numbers, or portions thereof that are immediately adjacent should be permitted to be included. B. Maximum Project Density: One () dwelling unit per gross acre of land arranged pursuant to the provisions of this Chapter. Planning Commission Page 4 of November, 07
Sub-Section R3.4 COMMON OPEN SPACE A. Standards and Criteria for Common Open Space:. A minimum of forty-five percent (45%) of the total PUD area shall be set aside as common open space. Open space shall not include small, isolated land fragments.. The following areas shall not be considered common open space: a. Private roads and public road right-of-way; b. Parking areas, access-ways and driveways; c. Recreational areas and facilities intended for the use of residents of the proposed development; d. Required setbacks between buildings, parking areas and project boundaries; e. Required setbacks between buildings and streets; f. Minimum spacing between buildings, and between buildings and parking areas; g. Private yards; 3. Common open space shall be interconnected with open space areas on abutting parcels to the maximum extent possible. 4. Sewage service, storm water management, and/or water supply facilities may be located partially or entirely within common open space areas when such facilities are so located and developed in a manner consistent with the purposes and requirements of the open space. 5. Any area within the common open space that is disturbed during construction or otherwise not preserved in its natural state shall be landscaped with vegetation following construction that is compatible with the natural characteristics of the site. Sub-Section R3.5 AREA, YARD AND HEIGHT REGULATIONS A. Minimum Lot Width at Building Line: 75 feet The styles used to write numbers and units should be utilized consistently throughout the zoning text. B. Minimum Front Yard Setback: Shall be thirty (30) feet from the right-of-way line of a public street. Corner lots shall comply with the front yard setback for each street on which the lot has frontage. C. Maximum Height of Buildings or Structures: 35 feet D. Riparian Setback Requirements shall be satisfied, as applicable. Sub-Section R3. DWELLING UNIT REQUIREMENTS A. Floor Area Requirements: Each single-family dwelling unit shall have a minimum first floor area of,800 square feet not including the required attached garage. Numbers and units. A minimum floor area of,800 square feet is approximately 40 percent larger than required by the R- zoning (,80 square feet). It is not clear why such a large structure is required, particularly in a district that is intended for seniors. Planning Commission Page 5 of November, 07
B. Attached Garages: A two-car attached garage shall be provided for each dwelling unit with a minimum size of feet by 4 feet. C. Off-Street Parking Requirement: A minimum of two () enclosed parking spaces shall be required for each dwelling unit. These spaces shall not be included as part of the floor area of the dwelling. D. Design Features:. Each single-family dwelling shall have a first floor master bedroom.. Roofs shall have a - pitch (rising for every inward towards the peak or ridge). 3. Roof dormers shall be provided with a - pitch. 4. All dwelling units shall share a common design aesthetic. Architectural compatibility will be determined by review and approval of the Zoning Commission. Architectural review of dwelling units does not fall under the authority of the ZC unless the township has adopted architectural standards and procedures and the enforcement authority is delegated to the ZC by the Trustees. Sub-Section R3.7 COMMON AREAS ON LOTS IN ADDITION TO COMMON OPEN SPACE A. Standards for Common Areas: Common areas shall be held in ownership by a Homeowners Association (HOA), Community Association, or other similar legal entity.. The Township s Legal Advisor shall determine based on documents submitted with the General Development Plan, that the association s bylaws or code of regulations specify the following requirements: a. Membership in the Association shall be mandatory for all purchasers of lots in the development. b. The Association shall be responsible for maintenance, control, and insurance of common areas, including any private roads and common drives and the portion of individual lots that is not devoted to patios and personal gardens or landscaped areas, immediately adjacent to the dwelling, with such exclude areas being clearly described in the Code of Regulations. The HOA must also be responsible for the maintenance of stormwater structures. The sentence should read with such excluded areas rather than area. The area of lots referenced as excluded areas should not be left to be defined by the code of regulations. This portion of the individual lots not devoted to patios and personal gardens or landscaped areas immediately adjacent to the dwelling needs to be defined and depicted on the Concept Plan.. Common areas shall be prohibited from further subdivision or development by deed restriction, conservation easement, or other agreement in a form acceptable to the Township s Legal Advisor. 3. Common areas such as required setbacks and both sides of new streets shall be landscaped with vegetation that is compatible with the natural characteristics of the Planning Commission Page of November, 07
site. If possible, existing vegetation should be retained and may be substituted for landscaping. 4. Any common area intended for recreational activities shall be of usable size and shape for the intended purposes as determined by the Township Zoning Commission. Where deemed appropriate by the Township Zoning Commission, recreation areas shall be provided with sufficient parking and appropriate access. 5. The Association shall not authorize its dissolution or the sale, transfer or other disposal of any common area, including common open space, without: a. an affirmative vote of sixty (0) percent of its members; b. having established a successor entity to take over said property pursuant to the Township s Zoning Resolution; and c. the approval of the Township Board of Trustees.. The Association bylaws or code of regulations shall identify Hinckley Township as a beneficial party thereto with rights, but no obligation to enforce the provisions contained therein related to common areas. The bylaws or code of regulations shall convey to the Township and other appropriate governmental bodies, after proper notice, the right to entrance to any common area for emergency purposes or in the event of nonperformance of maintenance or improvements affecting the public health, safety and welfare. Such governments shall have the right, after proper notice, to make improvements and perform maintenance functions. In addition, the Township shall have the right to proceed against the Association for reimbursements of said costs, including the right to file liens against individual condominium units, houses and vacant building lots. 7. The developer shall retain control of the HOA until seventy-five (75) percent of the lots are sold. Sub-Section R3.8 DEVELOPMENT AND SITE PLANNING A. Development and Site Planning Standards:. Ownership: Any ownership arrangement, including but not limited to lots, is permitted in the PUD. Regardless of the ownership of the land, the arrangement of the dwelling units shall comply with the spacing requirements of this section.. Lot Requirements: a. Dwelling units are required to be on individual lots of sufficient size and shape to accommodate dwelling units in compliance with the requirements of this section. b. The applicant shall depict on the development plan the maximum parameters, or building envelopes, to indicate where buildings shall be located, and shall demonstrate that such building locations will be in compliance with the spacing requirements of this section. 3. Perimeter Building Requirements: a. The minimum setback from an existing public street shall be ninety (90) feet. b. The minimum setback from the project boundary shall be fifty (50) feet. 4. Interior Building Setback/Spacing Requirements: The minimum separation between dwellings shall be a minimum of fifteen (5) feet. Planning Commission Page 7 of November, 07
This minimum building separation distance appears relatively small. The ZC may wish to consider a ten foot side yard setback. No street setbacks are included. The ZC should ensure that front yard setbacks are included for both public and private streets unless the applicant specifies which type of streets will be utilized. 5. Street and Drive Requirements: The SHPUD does not contain specific regulations governing public and private streets and common drives. Staff recommends including language similar to that used in R.7(E)(8)d., e., and g. a. The locations of streets should be planned to avoid excessive storm water runoff and the need for storm sewers. b. All streets in the PUD shall be constructed in accordance with the construction standards set forth for streets as determined by the Medina County Engineering Code for Subdivision Development. c. A pedestrian circulation and/or trail system may be included in the PUD and should be designed to ensure that pedestrians can walk safely and easily throughout the development. Sidewalks, independent of a trail system, should be required on both sides of proposed public and/or private streets. Sub-Section R3.9 WAIVERS When considering the development plan waivers (with the exception that waivers to the Project Area/Permitted Density requirements is not permitted) may be granted by the Township Zoning Commission only when it determines: () that certain standards set forth in this section (hereinafter regulatory standards ) do not or should not apply based on the circumstances of this project; and () the alternative method proposed by the applicant to achieve the objective of regulatory standard is equal to or better than the strict application of the regulatory standard. A waiver may only be considered and approved by the Township Zoning Commission during the review and approval procedures for General Development Plans and Final Development Plans. After making those two determinations, the Township Zoning Commission may relax the regulatory standard to an extent deemed just and proper, provided that the granting of such relief shall be without detriment to the health and safety of the community and without detriment to or impairment of the intent of this Resolution. Sub-Section R3.0 PROJECT REVIEW PROCEDURES Under the authority established in ORC 59.0, the Township Zoning Commission shall review and approve development plans for the proposed PUD according to the procedures set forth in the Ohio Revised Code and this section. A. Concurrent with the adoption of these regulations and the map amendment to apply these regulations to the subject parcel, a Concept Plan shall be approved by the Township. The concept Plan shall include: Capitalize Concept.. Boundaries of the area proposed for development, dimensions and total acreage; Planning Commission Page 8 of November, 07
. Contour lines at vertical intervals of not more than two () feet, highlighting significant topographical features. 3. Location of wetlands (and potential wetlands), rivers and streams and their related water courses; Add ponds. 4. General locations of wooded areas, tree lines, hedgerows; 5. Delineation of existing drainage patterns on the property;. Existing buildings, structures and other significant manmade features on the site and within two-hundred (00) feet of the project boundary; 7. A general development plan, drawn at a scale not less than = 00 which shall include: Use the term Concept Plan rather than general development plan consistent with A. above. Numbers and units. a. A summary of the proposed development including the total acreage, number of residential units, and acreage of common open space and common areas to be conserved; b. A sketch layout of lots; c. The location, size, number of units; d. The location of the common open space and other common areas; e. Any proposed recreational facilities; f. Natural features to be conserved and any required buffer areas; g. General location of new public street right-of-way and general circulation for dwelling areas; and Add proposed utility easement locations. Add language similar to R.8(A)(4) that requires [a]n outline of the method and legal structure to identify what entity shall be responsible for maintenance, control, and insurance of common areas. Add language similar to R.8(A)(5) that requires a description of the project area phasing provided that the common area required shall be secured as part of phase one. B. Once the zoning for this PUD has been adopted by the Township, the property owner continues to be subject to Township approval of a Preliminary Site Plan and Final Site Plan pursuant to Chapter Site Plan Review. Staff Comments: TEXT AMENDMENT. The writing of numbers and units of measure in the text is not handled consistently. One style for writing numbers and units should be used consistently; words only (nineteen), numbers or digits only (9), or a combination of words, numbers, and units (nineteen feet (9 )).. The proposed text amendment appears to be modelled relatively closely on R.7 Development Standards and Criteria Conservation Development and R.8 Project Review Procedures for Conservation Development. The following significant elements of these sections are either omitted or modified: Planning Commission Page 9 of November, 07
a. The purpose statement for the SHPUD omits the following additional purposes included in the Conservation Development purpose statement that provide meaningful context and value to the regulations: i. Recommended methods for maximizing the protection of the site s natural resources. ii. Characteristics of rural quality to be conserved on the site. While all the features listed in R.7 may not be present on the SHPUD site, many are and are worthy of inclusion in the text. b. The SHPUD does not include Restricted Open Space as part of the regulations, and as such does not differentiate between Common Open Space and Restricted Open Space as in the Conservation Development section. In addition, the owner of the Common Open Space is not required to grant a conservation easement to an entity listed in ORC 530.8. c. No standards or criteria for resource protection are included. The SHPUD site does not contain FEMA floodplains and as such does not warrant text regarding such features. The SHPUD text should include language requiring wetland protection. Staff recommends including language similar to that found in R.7(F)(). d. Development design criteria are not included. Staff recommends including language similar to that found in R.7(H) that are applicable to conditions found on the SHPUD site. e. In lieu of utilizing the following project review procedures contained in the Conservation Development language, the applicant proposes that the SHPUD follow the requirements for Preliminary Site Plans and Final Site Plans pursuant to Chapter Site Plan Review: i. Remaining General Development Plan Requirements ( R.8(B) through (F):. Review For Completeness. Review of General Development Plan by Others 3. Site Visit 4. Review and Approval by Township 5. Significance of Approved Plan ii. Final Development Plan. Submission Requirements. Review for Completeness 3. Review by the Township s Legal Advisor 4. Review and Approval by Township 5. Amendments to Final Development Plan While it appears that much of the above steps are somewhat redundant, this procedure exists in the Conservation Development section and is being utilized. Staff recommends the ZC consider an abbreviated process similar to the applicant s proposal. Planning Commission Page 0 of November, 07
MAP AMENDMENT. The site is currently zoned R- Residential and primarily vacant and wooded.. Utilities are available to the site. 3. The current surrounding land uses are compatible with the proposed use. Site perimeter buffers of 50 feet provide substantial area between proposed units and surrounding lower density residential uses. 4. The majority of the current land zoned B- and B- in the township where senior development is currently conditionally permitted is developed or used for business or commercial purposes or not suitable for senior residential development due to incompatible adjoining land uses. 5. The Master Policy Plan recommends the subject site for single-family residential use with a minimum lot size of one dwelling unit per two acres.. There is a tension between the objectives expressed in the Master Policy Plan; on the one hand the plan recommends maintaining the rural character of the township by maintaining the density permitted in the existing R- district at one unit per two acres while on the other hand it also recommends making new areas available for senior developments on small lots or cluster developments via rezoning. 7. The applicant provided the following rationales for permitting the zoning district change: a. Sanitary sewers are available to the property which precludes development on septic tanks. With central utilities being required, the development under the current zoning (one unit per two acres) is not economically feasible. b. This property has unique location characteristics based on the surrounding pattern of existing development commercial/industrial to the west and established residential developments to the east and south- compared to other locations in Hinckley Township. c. The clustering of the units will provide common open space which will reinforce the open and rural character Hinckley Township aspires to maintain. d. Based on the proposed density, the type and value of homes and the buffer zones, this development will have no material adverse impact on the adjacent residential areas. 8. Given the conflict between the competing objectives of maintaining the rural character of the community and providing new areas for senior developments, it is reasonable to attempt to balance the costs and benefits of changing the zoning versus not permitting the proposal. a. Permitting the increased density as proposed may jeopardize the rural character of the surrounding area. Elements of the SHPUD proposal that protect the rural character of the area: i. The zoning is only applicable to the properties specified in the text. ii. The rural character of the property frontage along the Center Road (SR 303) is protected by a proposed 90 foot setback. iii. The rural character along the periphery of the site and adjacent to existing residential properties is protected by a proposed 50 foot setback. iv. The rural character within the site is protected by requiring 45 percent of the site be reserved as open space. This is marginally less than required in a Conservation Development (50 percent). Planning Commission Page of November, 07
Elements of the SHPUD proposal that do not protect the rural character of the area: i. The density permitted in a SHPUD is 00 percent higher than permitted in a Conservation Development. ii. The Common Space in a SHPUD is not as rigorously protected as the Restricted Open Space in a Conservation Development. b. Not permitting the proposal will not expand opportunities for senior housing. It is DPS staff s opinion that approving the Map Amendment from R- to SHPUD provides reasonable protection of the area rural character while providing additional opportunities for senior housing. Recommendation: DPS staff recommends that the Medina County Planning Commission APPROVE WITH MODIFICATIONS the zoning text amendment adding the new R3: Senior Housing Planned Unit Development to the ZR subject to the above staff comments. The Department of Planning Services recommends that the Medina County Planning Commission APPROVE the zoning map amendment from R- Residential to Senior Housing Planned Unit Development. R:\wp\planning\Text_Amend\hinckley\08\terry\hinckley_05-08-ma&ta.docx Planning Commission Page of November, 07
8 5 50 5 50 48 0 4 4 0 0 34 3 50 ARBORCREST DRIVE 4 0 0 8 30 54 08 04 CENTER ROAD 4 48 4 5 54 0 4 4 4 3 44 8 4 50 5 44 40 38 5 R- to SHPUD 38 5 R- 5 3 50 5 4 8 5 48 50 0 Pavluk Properties Text & Map Amendment App. 05-08-MA & TA Hinckley Township 3 4 3 Meeting Date: 8//08 Hearing Date: Cont'd Amendment: R- to SHPUD Parcels: 5 50 8 3 0 Visit us on the web at www.planning.co.medina.oh.us 30 3 DON-PRE LANE 3 4 44 4 8 54 40 4 5 5 4 50 8 3 I- 0 5 30 0 5 5 5 4 O :4,00 0 45 90 80 70 30 Feet