Variance & Final Plat Preserve at Trillium Creek, Ph. 1 Montville Township Meeting: January 2, 2019 App. No.: 096-2018-FP Applicant: Haslinger Holdings Owners: Trillium Creek LLC Engineer: Lewis Land Prof. Inc. Parcel No.: 030-11A-02-136 Site Area: 7.7388 acres Sublots: 11 Variance: Section 402 Covenants & Restrictions/ Owners Association Zoning: R-3 Single-family Urban Residential Utilities: Central water and sanitary sewer School Dist.: Medina City Reviewer: Rob Henwood EXECUTIVE SUMMARY The site is located on the east side of Wooster Pike (SR 3) and nearest the termini of Stockbridge and New Haven Drives (see Map 1). The proposal includes 11 sublots served by central water and sewers located on a public permanent cul-de-sac street. A variance allowing the creation of a subdivision without a Homeowner s Association is requested. Recommendation: Variance DISAPPROVAL and Phase 1, Final Plat APPROVAL WITH MODIFICATIONS Proposal: The applicant proposes the following on the 7.74 acre site (see the attached Final Plat): 1 A variance from Section ( ) 402 of the Subdivision Regulations (Regulations) to permit the creation of a subdivision without a Homeowner s Association (HOA). 11 sublots. Central water and sanitary sewer. Extend one public permanent cul-de-sac street (Stock bridge Drive) with a 60-foot right-of-way (ROW) and with a 12-foot associated utility easement. One stormwater management easement. One sanitary sewer easement. History: The Concept Plan for the Preserve at Map 1: Location Map Trillium Creek was held in December of 2017. The Preliminary Plan was approved by the Medina County Planning Commission (MCPC) in March of 2018. Access: Access to the site is by the proposed extension of Stockbridge Drive. 1 For the purposes of this staff review the following Final Plat document was utilized: The Preserve at Trillium Creek Subdivision Phase 1: Creating Sublots 1 through 11. Lewis Land Professionals, Inc. Project No. 17-469: File Name: 17-469_Plat.dwg. Three sheets: dated stamped by DPS staff 11/5/2018.
Trillium Creek, Variance & Ph.1, Final Plat Zoning: The subject property is zoned R-3 Single-Family Urban Residential District (see GIS map). The Montville Township Zoning Resolution Section ( ) 410.1(D)(4) indicates that the R-3 District is established to encourage single-family residential dwellings at a density of approximately 2.7 dwelling units per acre in locations that are adjacent to the City of Medina. This District is to serve as a transitional district between similar or higher density residential neighborhoods in the City and the intended lower density residential neighborhoods in the Township in a manner that will provide for the efficient development and utilization of community facilities such as water and sewers, streets, and schools. Single-family residential detached dwellings, a permitted use ( 410.3), with a minimum lot size of 12,000 square feet and a minimum width of 80 feet at the building line. The minimum lot frontage required for lots located on cul-de-sacs is 50 feet ( 410.4). Chapter 570 of the Zoning Resolution indicates a 25 foot riparian setback is required from each side of the stream on the subject site. Comprehensive Plan: The proposed subdivision is not entirely consistent with the 2016 Montville Township Comprehensive Plan Update. The Proposed Land Use map, Figure 3-1, recommends the subject site for high density residential development with a density less than 22,000 square feet per unit. Staff Comments: This staff report presents staff comments and recommendations for both the Variance request and the Phase 1, Final Plat. The MCPC must vote on each item separately. VARIANCE REQUEST 1. The applicant has requested a variance to 402 of the Regulations. This section reads as follows: An Owners Association is a viable tool for owning and/or maintaining various aspects of a subdivision, including but not limited to, stormwater management and natural drainage ways, common areas, open space, private streets and sidewalks, bicycle lanes, and landscape elements (e.g. gateways, buffers, etc.). Major Subdivisions with private dedicated features such as these shall establish covenants and restrictions providing for an owners association and specifically assigned duties, responsibility, membership, and authority. 2. The following justifications for the variance were submitted by the applicant: a. There is only a detention basin and a cul-de-sac [island] to maintain and the subdivision is only 11 [sub]lots. [Clarification added by author]. The developer would like to make the cul-de-sac lots responsible for the future maintenance costs after the initial period. Planning Commission Page 2 of 7 January 2, 2019
Trillium Creek, Variance & Ph.1, Final Plat b. The costs to create and maintain an association and the yearly accounting/legal costs far outweigh the benefits for the small future costs associated with the areas to maintain. c. The County has a reserve fund set aside for the ongoing repair costs of any structures within the detention basin. The approved Preliminary Plan includes 21 sublots, 11 in the first phase and 10 in the second phase including another cul-de-sac with an island and a second stormwater basin. The applicant s above listed rationale, that the subdivision is small with limited common area to maintain, does not address the maintenance responsibilities associated with the second phase. 3. 203(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. No hardship will result from the strict application of the regulation requiring the creation of a HOA due to exceptional topographic or other physical conditions; the applicant s desire not to create a HOA has nothing to do with the topographic or other physical condition of the site. No permissible hardship will result from the application of the regulation. 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. No permissible hardship will result from the application of the regulation. 4. 203(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. The hardship expressed by the applicant states the costs to create and maintain an association and the yearly accounting/legal costs far outweigh the benefits for the small future costs associated with the areas to maintain. As indicated above, the requested variance is solely be based on increasing the economic benefit to the applicant. 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 the variance would not necessarily have the effect of nullifying the intent and purposes of the Regulations or the Montville Township Zoning Resolution as deed restrictions could be drafted to appropriately address ownership and maintenance of the stormwater management basins and cul-de-sac islands. Recommendation: DPS Staff recommends that the MCPC DISAPPROVE the requested variance to 402 of the Regulations permitting the creation of the Preserve of Trillium Creek Subdivision, Phase 1 without the creation of HOA for the following reasons: Planning Commission Page 3 of 7 January 2, 2019
Trillium Creek, Variance & Ph.1, Final Plat 1. No hardship will result from strict application of the Regulations due to exceptional topographic or other physical conditions of the site. 2. The requested variance is solely based on increasing the economic benefit to the applicant. PHASE 1 FINAL PLAT Agency Comments: Italicized text indicates quotations from submitting agency comments. TransCanada/Columbia Gas, Russ Johnson, 11/13/2018. APPROVED. Highway Engineer, Matt Martin, 11/9/2018. APPROVED. Sanitary Engineer, Jeremy Sinko, 11/8/2018. APPROVED. Prosecutor s Office, Mike Lyons, 11/7/2018. The Declaration of Covenants, Easements and Restrictions for the Trillium Creek subdivision are not complete or adequate to address governance of the restrictions or maintenance of the common areas and storm water management easement. The Declaration imposes a number of restrictions on the use of lots and design of buildings on the lots, and requires that those designs be approved by an architectural review committee. This type of restriction will require the creation of a HOA with bylaws that define how these types of restrictions would be administered and enforced. A HOA is also needed to assume responsibility for maintenance of any common areas and storm water easements. This Declaration imposes a duty on the owners of the properties that abut the cul-de-sac to maintain the storm water easement. There is no mechanism for the neighborhood to monitor or enforce this requirement. This would again be the function of a HOA. I don't think you should accept this for filing unless the developer submits a HOA declaration/agreement and bylaws. Health Department, Steve Mazak, 11/7/2018. No further comments. Ohio Department of Transportation, Jared Feller, 11/6/2018. No objections. Medina Fire Department, Mark Crumley, Assistant Chief, 2/27/2018. Fire hydrants will need to be located every 300 feet. Tax Maps, Beth Mika, 2/16/2018 1. It is recommended that you submit the final subdivision plat to Tax Maps for review, before obtaining signatures. 2. Subject to the Medina County Engineer Land Conveyence Standards found at: http://engineer.medinaco.org/surveying/landconveystds.pdf and to all Tax Map Dept. comments from previous Planning Dept. reviews. Montville Township, Planning and Zoning Director, Paul Jeffers, 2/14/2018. CONDITIONAL APPROVAL. The plan depicts lots that comply with the Montville Zoning Resolution according Planning Commission Page 4 of 7 January 2, 2019
Trillium Creek, Variance & Ph.1, Final Plat to size and setbacks. The township will require a tree survey per Chapter 560.4B and the developer will need to follow the regulation of Chapter 570 Riparian and Wetland setbacks. Soil and Water Conservation District, Jim Deiter, 12/4/2017. There is not a significant potential for contaminating ground water resources in this area. However, this does not mean ground water contamination is not possible and it certainly does not alleviate the developer or future landowners of any responsibility they may have with the contamination of underlying ground water resources. Detention ponds are located on individual lots. This may cause a maintenance issue and needs to be addressed with the HOA and the home owner. This area is primarily wooded. Excavating for roadway and house foundations should be clearly marked so that spoil is not spread over remaining tree roots. Once trees and cleared, erosion control and ground stabilization will need to be maintained throughout the building process on home sites and roadway. There is a 20 foot sanitary easement along the south edge of site. This may limit the home owners on placement of house and outbuildings. The primary soil types is Rittman Silt Loam. This soil has a seasonal high water table and is slow to drain. When the site is cleared, erosion control practices must be in place. Homes with basements will need to plan for seasonal high water table. Footer tile will be required to maintain basement stability. Staff Comments: 1. The following required data/information must be provided on or with a corrected Preliminary Plan as required by the MCPC s conditional approval granted at the March 7, 2018 meeting: a. Submit HOA documents or deed restrictions acceptable to Montville Township and the Prosecutor s Office. b. Submit correspondence from the U.S. Army Corp of Engineers District Office (USACE). 2. As noted in the Concept Plan comments from the Medina Fire Department dated 12/13/2017, fire hydrants must be located at 300 foot intervals on the subject site (see comment above). 3. The following required data/information was not provided on or with the Final Plat (Regulations section references are included): a. An original mylar of the Final Plat. 404(D)(2)d. Submit the original mylar. b. Signature and seal of a Registered Surveyor on each sheet. 404(D)(2)f.16. Provide the surveyor s signature on each sheet. c. Notarized certification by the owner or owners of the subdivision. 404(D)(2)f.17. Provide notarized signatures of the owners. d. Variances approved, if any. 404(D)(2)f.18. If the requested variance is approved, provide a note on the first sheet of the plat indicating a variance from 402 Covenants & Restrictions/Owners Association was granted permitting the subdivision to be created without a HOA. e. Certification from the Township that the Final Plat as submitted is in compliance with local zoning standards and requirements. Such Certification shall be in the form of an executed signature block on the original mylar and signed by at least Planning Commission Page 5 of 7 January 2, 2019
Trillium Creek, Variance & Ph.1, Final Plat two of the Township Trustees. 404(D)(2)g.1. Provide signatures of at least two of the township trustees. f. A subdivision served by a public central sanitary sewer shall be certified by the Medina County Sanitary Engineer stating all required wastewater disposal facilities and central water facilities have been satisfactorily installed or adequate financial guarantees have been approved. Such Certification shall be in the form of an executed signature block on the original mylar. 404(D)(2)g.4. Provide the signature of the Sanitary Engineer. g. Certification of County Engineer that all required improvements have been satisfactorily installed or financial guarantees have been provided to cover all construction. 404(D)(2)g.5. Provide the signature of the Highway Engineer. h. Acceptance of offers of dedication by County Commissioners, when all improvements have been constructed, or financial guarantees and construction agreements have been approved. 404(D)(2)g.6. Provide the signatures of the County Commissioners. i. Covenants and Restrictions and/or deed restrictions including establishment of Owners Association, and if applicable, assignment of responsibilities, ownership of common areas, and any other areas of responsibility or concern relative to public or private maintenance of areas or facilities. Such covenants and/or Deed Restrictions shall be on a page or pages of the proposed Final Plat or referenced thereon and approved by the Medina County Prosecutors Office as to form and correctness. 404(D)(2)h. i. Assign responsibility for the maintenance of the stormwater basins and the cul-de-sac islands in the HOA documents or in deed restrictions. ii. Submit evidence that the HOA documents/language or deed restrictions have been approved by the Prosecutor s Office and township. j. Protective covenants, conditions and restrictions shall be either shown on the plat or recorded separately as a separate instrument, provided volume and page reference thereto is indicated on the plat. 404(D)(2)i. Provide reference to the applicable and recorded HOA documents or deed restriction language or include the HOA or deed restriction language on the Final Plat. 4. The proposed Final Plat primarily fulfills the purpose and intent and substantially meets the standards and requirements of the Subdivision Regulations per 404(D)(5)b.1. and 2. 5. The proposed Final Plat is in substantial conformance with the approved Preliminary Plan per 404(D)(5)b.3. 6. The Final Plat appears to be in conformance with Montville Township Zoning per 404(D)(5)b.4. 7. The Medina County Sanitary Engineer has determined that all required central wastewater disposal facilities and central water facilities have been satisfactorily installed or adequate financial guarantees have been approved. 404(D)(5)b.6. 8. Upon receipt of Highway Engineer s certification of approval of the construction drawings, the Director is authorized to execute the Final Plat on behalf of the MCPC upon certification by the Highway Engineer that the construction is complete or that adequate financial guarantees have been provided per 404(D)(5)b.7. Planning Commission Page 6 of 7 January 2, 2019
Trillium Creek, Variance & Ph.1, Final Plat Recommendation: Staff recommends the MCPC APPROVE WITH MODIFICATIONS the Phase 1 Final Plat for the Preserve of Trillium Creek Subdivision, subject to the following: 1. Submit all required data/information listed above in Staff Comment 1 as required by the MCPC s conditional approval of the Preliminary Plan. 2. Satisfy the comments provided by the Prosecutor s Office (see 11/7/2018 comment above). 3. Satisfy the comments provided by the Medina Fire Department (see 2/27/2018 comment above). 4. Submit all the required data/information and corrections or additions as listed in Staff Comment 3 on or with a corrected Final Plat. The following steps must be completed to finalize the Final Plat approval: 1. Three copies of the corrected Final Plat and a PDF of the layout must be submitted to the Department of Planning Services (DPS) for transmittal to the appropriate agencies. 2. All approval conditions must be satisfied prior to the Director signing the Final Plat. 3. Upon recordation, the applicant shall provide a copy of the recorded Final Plat to the DPS. Attachments: Variance application GIS map Phase 1, Final Plat R:\wp\planning\major_subdivisions\2018\trillium_creek_ph1_final\trillium_creek_final_Ph-1_01022019.docx Planning Commission Page 7 of 7 January 2, 2019
Appendix G Application for Variance Medina County Department of Planning Services 124 W. Washington St. Suite B-4 Medina Ohio 44256 Phone: 330/722-9219 Fax: 330.764.8456 Brunswick: 330.225.7100 * Wadsworth: 330.336.6657 Application for Variance Please submit this application form, accompanying maps and plans and fee Application Number Application Date Name of Proposed Subdivision The Preserve at Trillium Creek Douglas Haslinger, President Haslinger Holding Company Name of Applicant Address P.O. Box 1139 Bath, OH 44210 Phone Number Fax Number E-mail ( ) 330-523 7196 ( ) - haslinger@roadrunner.com Developer Name Contact Address Timothy Powers 4499 Regal Drive Copley, OH 44321 Phone Number Fax Number ( ) 330-441 2128 ( ) - E-mail Surveyor Name Contact timothy_powers@hotmail.com Lewis Land Company Joseph Burgoon Surveyor Address 8691 Wadsworth Road #100 Wadsworth, OH 44281 Surveyor Phone Surveyor Fax 330 ( ) - 335 8232 ( ) - Appendix G Medina County Department of Planning Services Subdivision Regulations xxvii
Appendix G Application for Variance Surveyor E-mail jburgoon@landprosinc.com Subdivision Type Township Section Quarter Section Access Roads Proposed Use of Lots Single Family Residential Montville Lot 24 single family residential lots Date of Original Approval Please fully describe justification for the variance: The regulations ask for the creation of a homeowner's association and since there is only a detention basin and a cul-de-sac to maintain and the subdivision is only 11 lots, the developer would like to make the cul-de-sac lots responsible for the future maintenance costs after the initial period and have the requirement of the association waived by the Medina County Planning Commission. The costs to create and maintain an association and the yearly accounting/legal costs far outweigh the benefits for the small future costs associated with the areas to maintain. Also, the County has a reserve fund set aside for the ongoing repair costs of any structures within the detention basin area. I certify that all information contained in this application and its supplements are true and correct. Applicant Signature 12/06/18 Date Appendix G Medina County Department of Planning Services Subdivision Regulations xxviii
Appendix G Application for Variance Office Use Only Fee Amount Paid $ Date Application Received Planning Staff Recommendation(s) for Variance Date MCPC Decision on Variance: Date of MCPC Meeting Approved Disapproved Tabled MCPC Comments Appendix G Medina County Department of Planning Services Subdivision Regulations xxix
PINEWOOD DRIVE Medina BRIMFIELD DRIVE Montville Twp. Medina Montville Twp. NORTHAMPTON DRIVE Easement Street Centerline Sublot Street ROW Subject Site City/Twp. Boundary SARAH LANE STOCKBRIDGE DRIVE NEW HAVEN DRIVE COLINAS DRIVE Parcels Visit us on the web at www.planning.co.medina.oh.us Preserve at Trillium Creek Phase 1, Final Plat App. 096-2018-FP Montville Township Meeting Date: 1/2/2019 Zoning: R-3 Residential Sublots: 11 Area: 7.7388 acres O 1 inch = 200 feet 0 30 60 120 180 240 300 Feet
Lewis Land Professionals, Inc. Civil Engineering & Surveying 8691 Wadsworth Rd. Suite 100 Wadsworth, Ohio 44281 Phone:(330) 335-8232 www.landprosinc.com
Lewis Land Professionals, Inc. Civil Engineering & Surveying 8691 Wadsworth Rd. Suite 100 Wadsworth, Ohio 44281 Phone:(330) 335-8232 www.landprosinc.com
Lewis Land Professionals, Inc. Civil Engineering & Surveying 8691 Wadsworth Rd. Suite 100 Wadsworth, Ohio 44281 Phone:(330) 335-8232 www.landprosinc.com