bonnie glen (fka gear subdivision)

9
Planning Commission Variance & Preliminary Plan Bonnie Glen Estates Subdivision Sharon Township Meeting: August 3, 2016 App. No.: 070-2016-PP Applicant: N.B. 33/ Spicer McDowall Engineer: Lewis Land Professionals Inc. /Jason Brenner Site Area: 53.84 acres Parcel Nos.: 033-12A-26-003, 004 and 005 Sublots: 34 Zoning: R-1 Residential Utilities: Septic systems and water wells School Dist.: Highland Local Reviewer: Susan Hirsch ADJACENT ZONING/LAND USE Direction Zoning Land Use North R-1 Residential Single family homes (Ridgewood & Bonita Roads) East R-1 Residential Single family homes (Bonita Road) South R-1 Residential Single family homes, vacant, wooded West R-2 Residential (Montville Twp.) Park (Blue Heron Park) Proposal: The applicant proposes the following: 34 sublots. Create Bonnie Glen Road that runs east- west across the site from Boneta Road ending in a temporary T-turnaround at the western boundary of the site, and two permanent cul-de-sac-streets, each having sixty feet of right-of-way (ROW) and a 20- foot pavement width. Septic systems and water wells. Three storm water management basins are to be located on Sublots 9 and 10 in the south central portion of the site, Sublot 20 in the southwest portion of the site and and Sublots 15, 16 and 17 in the central portion of the site. There is also a fire pond proposed for Sublots 1 and 2. EXECUTIVE SUMMARY The site is located on the west side of Boneta Road south of the intersection of Boneta and Ridgewood Roads (see location map). The proposal includes 34 single family sublots on three public streets; one ends stubs to the western edge of the site, and two cul-de-sac streets. The subdivision requires a Variance to permit a road to be in excess of the maximum cul-de-sac length of 2,500 feet. All 34 sublots will be served by on-site septic systems and water wells. Recommendation: Variance APPROVAL and Preliminary Plan APPROVAL WITH MODIFICATIONS

Upload: hoangtruc

Post on 28-Jan-2017

221 views

Category:

Documents


0 download

TRANSCRIPT

Planning Commission

Variance & Preliminary Plan

Bonnie Glen Estates Subdivision Sharon Township

Meeting: August 3, 2016

App. No.: 070-2016-PP

Applicant: N.B. 33/ Spicer McDowall

Engineer: Lewis Land Professionals

Inc. /Jason Brenner

Site Area: 53.84 acres

Parcel Nos.: 033-12A-26-003, 004 and 005

Sublots: 34

Zoning: R-1 Residential

Utilities: Septic systems and water wells

School Dist.: Highland Local

Reviewer: Susan Hirsch

ADJACENT ZONING/LAND USE

Direction Zoning Land Use

North R-1 Residential Single family homes (Ridgewood & Bonita Roads)

East R-1 Residential Single family homes (Bonita Road)

South R-1 Residential Single family homes, vacant, wooded

West R-2 Residential (Montville Twp.) Park (Blue Heron Park)

Proposal: The applicant proposes the following:

34 sublots.

Create Bonnie Glen Road that runs east-

west across the site from Boneta Road

ending in a temporary T-turnaround at the

western boundary of the site, and two

permanent cul-de-sac-streets, each having

sixty feet of right-of-way (ROW) and a 20-

foot pavement width.

Septic systems and water wells.

Three storm water management basins are

to be located on Sublots 9 and 10 in the

south central portion of the site, Sublot 20

in the southwest portion of the site and and

Sublots 15, 16 and 17 in the central portion

of the site. There is also a fire pond

proposed for Sublots 1 and 2.

EXECUTIVE SUMMARY

The site is located on the west side of Boneta Road south of the intersection of Boneta and

Ridgewood Roads (see location map). The proposal includes 34 single family sublots on three

public streets; one ends stubs to the western edge of the site, and two cul-de-sac streets. The

subdivision requires a Variance to permit a road to be in excess of the maximum cul-de-sac

length of 2,500 feet. All 34 sublots will be served by on-site septic systems and water wells.

Recommendation: Variance APPROVAL and Preliminary Plan APPROVAL WITH

MODIFICATIONS

Bonnie Glen Estates, Variance and Preliminary Plan

Medina Co. Planning Commission Page 2 of 6 August 3, 2016

Site Conditions: The site is moderately rolling with steeper slopes on the western two thirds of

the site; particularly the southwest and southeastern corners of the site (see GIS map). A stream

flows from north to south on the western part of the site. A few smaller tributaries also drain to

the southern part of the site. There is an existing pond located on Sublots 1 and 2.

Much of the site has been used for agriculture and there are wooded areas on the western half of

the site.

Access: Access to the site is provided by Bonnie Glen Road from Boneta Road. Access to

Sublots 2 and 34 is limited to Bonnie Glen Road only. Both Streets A and B are proposed to

terminate in permanent cul-de-sacs.

Street stubs to the east, and south are not practical for the following reasons:

Stubs to the east are not practical as the land is currently fully developed with single-

family homes with frontage on Boneta Road.

Stubs to the south are not possible as the parcels are either developed as lots with

frontage on Boneta Road or are land-locked parcels.

A street stub to the north may be beneficial for making a connection to Ridgewood Road. The

three parcels that could provide access to Ridgewood Road vary in size between 9.4051 and

17.3404 acres. Each of these three parcels contains single-family homes. It may prove difficult

to provide access to the subject site utilizing only one of these properties.

A stub street to the west is proposed. As shown, Bonnie Glen Road ends in a “temporary T-

turnaround with a 10 foot reservation strip at the western property line. Although Bonnie Glen

Road stubs to the west, the street does not add additional access to the subdivision since the

property to the west is a Township public park. There is no opportunity for Bonnie Glen Road to

become a through street. Therefore this stub will not negate the requirement for a variance.

Bonnie Glen Road requires a Variance from Section 604(B)(9) of the Medina County

Subdivision Regulations (Regulations) to permit it to be 2,991 feet in length; 491 feet longer than

the maximum permitted cul-de-sac length of 2,500 feet.

History: A Concept Plan for this property was discussed at a meeting on June 15, 2016. At that

meeting the need for a variance for the length of a cul-de-sac street was discussed.

Zoning: The subject property is zoned R-1 Residential. The Sharon Township Zoning

Resolution indicates single family dwellings are permitted in the R-1 District (Section 601). The

minimum lot size is two acres with a minimum 200 foot lot width or 60 feet of frontage on cul-

de-sacs with 200 foot lot-width measured at the building line (Section 601-2(A & B).

Comprehensive Plan: The 1996 update of the Sharon Township Development Policy Plan

(Plan) does not include a Future Land Use map nor does it recommend future land uses in

specified locations. The Plan does, however, indicate that the bulk of the land in the township is

zoned R-1 Residential, with a two acre minimum lot size; it further recommends that this land

use is appropriate. Goal I of the Plan calls for the preservation of the “rural, small-town

Bonnie Glen Estates, Variance and Preliminary Plan

Medina Co. Planning Commission Page 3 of 6 August 3, 2016

atmosphere of Sharon Township.” This subdivision proposal is consistent with this broad goal

and is also consistent with the following objective and policies enumerated in the Plan:

1. Objective IB: Maintain the township’s low-density residential environment….

2. Policy IB.1: … [N]ew development shall be compatible with the predominantly rural,

small-town residential nature of the community.

3. Policy IB.2: New residential development shall be planned at densities appropriate for

the township…

Staff Comments: This staff report presents staff comments and recommendations for both the

Variance Request and the Preliminary Plan. The Planning Commission must vote on each item

separately. Preliminary Plan comments are presented assuming that the Variance is approved.

VARIANCE REQUEST

1. The applicant has requested a variance to Section 604(B)(9) of the Medina County

Subdivision Regulations. This Section reads in part:

“A cul-de-sac turnaround shall be provided at the end of all permanent

turnarounds in accordance with the standards of the Engineering Code.

For greater convenience to traffic, more effective police and fire

protection, and efficiency of maintenance, permanent cul-de-sac streets

shall not serve in access 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

nearest existing or proposed intersecting through street to the center of the

cul-de-sac turnaround.”

The length of Bonnie Glen Road in combination with Street “B” is 2,991 feet, 491 feet

more than what is permitted.

2. The following is the justification for the variance submitted by the applicant:

Topographical restrictions for surrounding property;

200 foot frontage makes for long streets with small number of lots;

Other stubs will not go to developable property; stubs would go to

environmentally sensitive land with steep slopes.

3. Section 203(A)(2) of the Regulations stipulates the criteria for granting variances to the

Regulations. The criteria are as follows (Staff comments regarding compliance with the

criteria are shown in italics):

a. In order to approve a variance, the Planning Commission must find that an

unnecessary hardship may result from the strict application of the Subdivision

Regulations due to exceptional topographic or other physical conditions. The

applicant sites the topographical restraints of surrounding properties as a factor

in preventing additional stub streets to surrounding properties. The addition of a

stub street to the north or south would alter the point from which the cul-de-sac

length is measured and could eliminate the need for a variance.

Bonnie Glen Estates, Variance and Preliminary Plan

Medina Co. Planning Commission Page 4 of 6 August 3, 2016

Additionally, the surrounding development and parcel configuration are physical

conditions that further limit the ability to provide stub streets to adjacent

properties:

Stubs to the east are not practical as the land is currently fully developed

with single-family homes with frontage on Boneta Road.

Stubs to the south are not possible as the parcels are either developed as

lots with frontage on Boneta Road or are land-locked parcels.

Stub to the north may prove difficult as there are three parcels each

ranging in size between 9.4051 and 17.3404 acres. Each of these three

parcels contains single-family homes.

A stub to the west is shown; however, it is the site of a Montville

Township’s Blue Heron Park with restrictions for future development.

Topography and natural physical conditions are also a factor in making any

internal connection very difficult. If streets “A” and “B” could be connected to

form a loop, this would also alter the point from which the cul-de-sac length is

measured. However, making this connection would require crossing steep terrain

and several streams. This area is also heavily wooded.

b. The Planning Commission 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 Planning

Commission may consider self-created nature of the hardship as a factor. The R-1

Residential District requires a two acre lot and 200 feet of frontage. Given this

frontage requirement, the 2,500 foot maximum cul-de-sac length requirement

limits the number of sublots to fewer than what would be permitted given the

acreage of the site and the regulation that permits up to 40 units on a cul-de-sac.

The additional 491 feet would not prove a detriment to the public interest, the

neighborhood or the community. It is necessitated by the 200 foot frontage

requirement.

4. Section 203 A. 3. of the Regulations states that the Planning Commission 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. Although strict adherence to the subdivision

regulation limiting cul-de-sac length to 2,500 feet will undoubtedly reduce the

number of sublots, it will also significantly reduce the developer’s ability to

efficiently and effectively use the property and avoid environmentally sensitive

areas.

b. In no instance shall a variance be granted which has the effect of nullifying the

intent and purposes of the Subdivision Regulations or a valid township zoning

resolution if such exists. Granting of the variance will not have the effect of

nullifying the intent and purposes of the Subdivision Regulations or the Sharon

Township Zoning Resolution

Bonnie Glen Estates, Variance and Preliminary Plan

Medina Co. Planning Commission Page 5 of 6 August 3, 2016

Recommendation: Staff recommends that the Medina County Planning Commission grant the

variance to Section 604(B)(9) of the Medina County Subdivision Regulations.

PRELIMINARY PLAN

Agency Comments: Italicized text indicates quotations from submitting agency comments.

Columbia Gas, Russ Johnson, 7/13/2016. APPROVED.

Highway Engineer, Andy Conrad, 7/13/2016.

1. Temporary turn-around is to be a cul-de-sac.

2. Provide a reasonable width for drive access on S/L 20.

3. Verify S/Ls 8, 16-20 and 28 will be able to support septic systems.

4. Provide typical shoulder/ditch section along Boneta Road frontage.

5. Drainage assessments will be required.

6. Show existing well and provide plugging report.

Ohio Department of Transportation (ODOT), Jared Feller, 7/12/2016. Since the subdivision

does not have direct access to a state highway, ODOT does not have any objections.

Highland School District, Catherine Aukerman, 7/13/2016. This subdivision is entirely within

the Highland School District.

Soil and Water Conservation District, Jeff Van, 6/6/2016

1. The… topography is… [i]n some cases, very steep.

2. The low lying area consists of Orville silt loam. This soil is… prone to… flooding.

3. The broader flat areas are Wadsworth silt loams (WaA and WaB). These soils have slow

permeability and seasonal wetness.

4. Other flatter areas are Rittman silt loam (RsB and RsB2). These also have slow

permeability and seasonal wetness.

5. The remaining sloping and steeper ground are Rittman silt loam (RsC2, RsE2, and RsF).

These will be more conducive to erosion during construction and individual house

building. [T]he proposed lots and house builds are largely located away from these sites.

6. Post house construction lot drainage will need to be accounted for to prevent

mismanaged surface flows across some adjoining properties.

Health Department, Christine Fienga, 7/15/2016. The services of a certified soil scientist must

evaluate the soil conditions for each lot and provide a report to this office on the findings of the

evaluation in accordance with State Rules Chapter 3701-29.

Tax Maps, Beth Mika, 7/27/2016. CONDITIONAL APPROVAL

1. No parcel numbers on final plat.

2. Please contact the Tax Map Office with the preferred new road names, so we can verify

availability and reserve the names for this subdivision.

3. It is recommended that the applicant submit the final subdivision plat to Tax Maps for

review, before obtaining signatures.

Bonnie Glen Estates, Variance and Preliminary Plan

Medina Co. Planning Commission Page 6 of 6 August 3, 2016

4. Subject to Medina County Engineer Land Conveyance Standards found at

http://www.highwayengineer.co.medina.oh.us/surveying/landconveystds.pdf.

Sanitary Engineer, Jeremy Sinko, 7/12/2016. We do not currently have any water or sanitary

sewer utilities at this location.

Staff Comments:

1. The following required data/information was not provided on or with the Revised

Preliminary Plan (Subdivision Regulation section references are included):

a. Permanent parcel numbers of the property to be subdivided and names of the

property owners contiguous to and directly across the street from the proposed

subdivision. § 404(C)(2)a.3. Indicate names of property owners contiguous to

and across the street from the subject site on the Preliminary Plan. 2. The proposed subdivision is consistent with Sharon Township zoning.

3. The proposed subdivision is consistent with the Sharon Township Comprehensive Plan.

4. The developer shall contact in writing the applicable U.S. Army Corp of Engineers

District Office regarding the proposed subdivision, and shall submit such correspondence

to the Medina County Planning Commission as a condition of Preliminary Plan approval.

5. There are three proposed storm water management basins that are located on two or more

sublots each (Sublots 8 and 9, Sublots 15, 16 and 17, and Sublots 21 and 22). If the

storm water management basins will not be maintained by the homeowner association,

staff suggests that there be an agreement between the co-owners of the basins addressing

use, maintenance responsibility, liability etc.

6. The Plan indicates this subdivision will be developed as one phase.

7. There is a note on the Preliminary Plan that states that there will be no direct vehicular

assess to Boneta Road from Sublots 2 and 34. Language similar to this note should be

placed within the deeds for these sublots as well.

8. Draft HOA documents have been submitted to the Department of Planning Services for

review by the Prosecutor’s Office and the Township. Final corrected documents must be

submitted with the Final Plat.

Recommendation: Staff recommends that the Medina County Planning Commission

APPROVE WITH MODIFICATIONS the Preliminary Plan for Bonnie Glen Estates

Subdivision. The modifications are as follows:

1. The temporary T-turnaround at the western end of Bonnie Glen Road must be a full cul-

de-sac.

2. The developer shall contact in writing the applicable U.S. Army Corp of Engineers

District Office regarding the proposed subdivision, and shall submit such correspondence

to the Medina County Planning Commission as a condition of Preliminary Plan approval.

3. Address the comments from the Highway Engineer and Tax Maps Department.

4. A note on the plan restricting access to Boneta Road from Sublots 2 and 34 should also

be placed in the deeds for these units.

5. Maintenance of the storm water basins must be addressed in the HOA documents and/or

by private agreement.

R:\arcview\wp_planning\major_subdivisions\2016\Bonnie_Glen_Prelim_Plan\working_docs\Bonnie_Glen_preliminary_plan_08032016_

R-1

R-2

R-1

R-1

BONE

TA R

OAD

RIDGEWOOD ROAD

WHEELING AND LAKE ERIE RAILWAY

SHARON COPLEY ROAD

ARLYNE LANE

THOROUGHBRED DRIVE

BLUE HERO N TRACE

SUMM

ERLA

KE DRIVE

WOODSHIRE LANE

FOX CHASE DRIVE

ROBER T GARY COURT

Bonnie Glen EstatesPreliminary Plan & VarianceApp. No. 070-2016-PPSharon Township

Meeting Date: 8/3/2016Zoning: R-1 Residential

Sublots: 34Area: 87.30 acres

O0 290 580 870 1,160 1,450145

Feet

1 inch = 1,000 feet

Visit us on the web at www.planning.co.medina.oh.us

Proposed SubdivisionStreet Centerline

Sublot Boundary

Street ROW

Subject Site

Jurisdiction Boundary

Zoning Districts

Parcels

10 Foot Contours

Sharon Twp.Montville Twp.

R-1

R-2

R-1

1178

117611741 172

11701168

1 16

6

116 4

1162

1184

1180

11 82

1 186

1160

11881 1 90

1132

11581156

1154

1130

115 2

1150

11 9211

28

1148

11 46

11441142

1140

1 138

1136

1134

11941196

11261124

1122

1120

1118

1116

1114

1112

1110

1108

1106110

41102

11001098

10 96

10 94

1092

1090

10881 0861 08 4

1082

10

80

1198

10 781076

1074

10 72

1070

1200

1068 10661064

1062

120 2

1060

10 581056

1054

1052

1204

10 50

1206

10 48

1046

1044

1042

1208

1040

1210

1034

1062

1 198

1196

1144

118 4

1118

1196

10 64

11 22

1186

1206

1192

10 5810 54

113 8

114 2

10641184

1072

1170

1054

1112

1150

1164

1062

1 188

1 1 52

1188

1194

1178

106 0

1190

1182

1168

12081188

1 1881186

1066

1206

1 160

1078

11 2 0 1 116

1192

1202

1124

1190

1196

1086

1108

12 00

1082

119 8

1198

1146

1126

1200

1 202

1194

1160

1134

11 82

10 56

1070

1 2 04

1198

1106

1 192

1126

1114

11 96

1122

1142

1060

1152

1198

120 4

1172

1208

1 1041186

116 2

114 8

11 70

1204

1190

1194

1196

1136

1140

11 10

1064

1 188

1 1 46

1196

11 80

BONE

TA R

OAD

23464

23465

21748

21677

21568

21567

Bonnie Glen EstatesPreliminary Plan & VarianceApp. No. 070-2016-PPSharon Township

Meeting Date: 8/3/2016Zoning: R-1 Residential

Sublots: 34Area: 87.30 acres

O0 130 260 390 520 65065

Feet

1 inch = 450 feet

Visit us on the web at www.planning.co.medina.oh.us

Proposed SubdivisionStreet Centerline

Sublot Boundary

Street ROW

Gas & Oil Wells

200' Well Buffer

Subject Site

Jurisdiction Boundary

Zoning Districts

Parcels

2 Foot Contours