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Lawsuit heard in Court Nov. 16-19,2009
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Apple Group's lawsuit against the township on this matter was heard in Medina County Court on November 16-19th. No decision was rendered. It may take several months for the Courts to issue their opinion. The Trustees held their Public Hearing on this matter Monday, Jan. 5, 2009. THEY DENIED THE APPLE GROUP'S APPLICATION FOR A PLANNED CONSERVATION DEVELOPMENT DISTRICT (by a formal motion accepting the denial recommendation from the Zoning Commission. The Apple Group now has 30 days to appeal that decision. The Zoning Commission unanimously denied the application from the Apple Group at their final Public Hearing and remanded it to the Trustees. The Trustee's formally accepted the matter at their December 8, 2008 Regular Meeting and set their Public Hearing for Monday, Jan. 5, 2009 at the Administration Building, 7:00 PM. When the Trustee's Public Hearing is concluded they will have 20 days to make a decision. A continued Public Hearing regarding the proposal from the Apple Group to create a Planned Development Conservation District, C-3, to affect all R-1 Residential Property in Granger Township will be held on Thursday, November 13, 2008 at the Granger Townshnip Administration Building at 7:30 PM. For questions or additional information contact Zoning Inspector Nancy West at 330/239-3611. Her office hours are Monday, Wednesday, Thursday, and Fridays from 9-11:00 a.m. The proposal is on display at the Administration Building and is also printed here for your reference. 308 Planned Conservation Development District A. Purpose and Intent The purpose of Planned Conservation Development is to establish provisions for planned It is the intent of these provisions to allow for the creation of Planned Conservation Development Districts, with the approval of the Township Trustees, and subject to the established and negotiated development standards attached to such approvals, in order to: 1. encourage creative, high quality site design practices in the development of residential areas; 2. promote harmony and integration with existing developments and protect adjoining properties from adverse impacts; 3. maintain the established one dwelling unit per two acre density of the Township; 4. promote efficient layout of infrastructure; 5. promote imaginative layouts which protect and enhance natural and historic resources; 6. permit flexible siting of housing units; 7. encourage the permanent preservation of open space and natural amenities through the use of conservation easements; and 8. Preserve the rural character and appearance of the Township. B. Application of Planned Conservation Development District Regulations The following shall govern the application of the Planned Conservation Development District regulations to properties zoned for such use: 1. No Planned Conservation Development District shall be considered except by petition by the owner(s) of land proposed to be used for planned conservation development. Until such time as a property owner applies for and receives approval for a Planned Conservation Development District, the provisions of the R-1 Residential District shall apply. 2. To the extent reasonably feasible, each Planned Conservation Development 3. To the extent reasonably feasible, each Planned Conservation Development District shall have a minimum area of not less than forty (40) contiguous acres. 4. Each Planned Conservation Development District shall be developed in conformance with a development plan which has been reviewed and approved by the Township in accordance with the provisions set forth herein. 5. Upon approval by the Township Trustees of the General Development Plan of a Planned Conservation Development District, a notation shall be placed on the Zoning Districts Map to reflect such approval and that the standard provisions of the R-1 Residential District no longer apply to the land contained within the Planned Conservation Development District. C. Uses Within a Planned Conservation Development District no building, structure or premises shall be used, arranged to be used, or designed to be used, in whole or in part, except for one or more of the following uses specifically enumerated as permitted or accessory and further provided that each such use is identified on and approved as part of the Final Development Plan: 1. Permitted Uses a. Dwelling, Single Family; b. Dwelling, Two-Family; c. Public or private parks and recreation facilities, including golf courses, club houses, swimming pools, and tennis court; and d. Uses specified in Sections a, b, c, d, and f of Section 301(B)(2) of this Zoning Resolution, which are otherwise conditionally permitted in the R-1 Residential District. 2. Accessory Uses a. Accessory buildings, structures, and uses incidental to the principal use; b. Common and/or guest parking areas; c. Home occupations subject to the provisions of Section 301(B)(1)(e) of this Zoning Resolution; and d. Signs subject to the provisions of Article IV of this Zoning Resolution. D. Development Standards The following development standards shall apply to all Planned Conservation Development Districts: 1. Total Number of Dwelling Units The maximum number of dwelling units shall be as set forth on the approved development plan, but shall in no case be greater than one (1) dwelling unit per two (2) acres based on the total gross area of the Planned Conservation Development District. 2. Open Space Requirements a. Open space and recreation areas shall be as set forth on the approved Final Development Plan provided, however, that the land area designated for open space and recreational use shall not be less than forty percent (40%) of the total land area of the Planned Conservation Development b. Land areas devoted to streets, drives, parking areas, rights-of-way, required spacing between buildings, and areas within individual lots shall not be included in the calculation of open space for the purpose of meeting the minimum area requirement subject to the following: 1) Open space areas within required buffers and/or setbacks from property lines may be counted as open space when such areas are contiguous to and part of a larger open space area; and 2) Parking areas, drive aisles and other similar features may be counted as part of the open space requirement when they serve recreation uses. c. The open space shall be made subject to a perpetual conservation easement in a form reasonably approved by the Township in favor of an organization or agency acceptable to the Township. Conservation easements shall include the Township as third party beneficiary of the d. The ownership of all common areas, vegetative buffers, fences, ponds, parking areas, and similar common spaces shall be identified and a perpetual maintenance plan for said areas submitted to the Township for review and approval. Said perpetual maintenance plan shall set forth responsibility for maintenance of all such areas and describe the method of financing for said maintenance program. The perpetual maintenance plan shall become part of the approved Final Development Plan and shall be placed on record with the Medina County Recorder as a covenant on the land. The perpetual maintenance plan shall identify the Township as 3. Utilities 4. Maximum Height 5. Parking a. Each dwelling unit shall be provided with a minimum of two and one-half (2.5) off-street parking spaces, at least two (2) of which shall be within a completely enclosed attached garage; b. Parking for recreation facilities and other permitted non-residential uses shall be as identified on the approved Final Development Plan; d. All common parking areas shall be improved with a compacted base, not less than four (4) inches in depth and shall be surfaced with a minimum of two (2) inches of asphaltic concrete or comparable all-weather dustless surface material. Every parking area designed for parking of e. Parking of boats, trailers, travel trailers, recreational vehicles, and similar vehicles shall be prohibited except within parking areas specifically designed and designated on the approved Final Development Plan to accommodate such vehicles. 6. Access and Street Requirements a. Subject to all applicable thoroughfare, access, and right-of-way regulations, all Planned Conservation Development Districts shall be designed to provide access for proposed uses internally within the development and to minimize access points and intersections onto b. All streets constructed within a Planned Conservation Development District may be public and/or private streets, which shall be determined during the General Development Plan approval process in Section E(3) below, on a case by case basis. Once determined, the approved public or c. All streets shall be designed and constructed in accordance with the standards and specifications of the Engineering Code for Subdivision Development of Medina County, Ohio; d. Each dwelling unit and each non-residential use shall have access to a street internal to the Planed Conservation Development District in a manner approved by the Township and said access shall be clearly defined on the approved Final Development Plan; e. Planned Conservation Development Districts shall be designed to permit adequate access by emergency vehicles, promote the safety of motorists and pedestrians, minimize traffic conflicts and congestion, and promote the safe, efficient flow of vehicular traffic; and f. Street identification signs and traffic control devices shall be provided and installed by the developer as directed by the Township and in accordance with the standards of the Medina County Engineer and the Ohio Department of Transportation for such devices. The maintenance 7. Setbacks and Separations a. No building, structure, or parking area shall be located closer than fifty (50) feet to any project boundary line of the District; b. No building, structure, or parking area shall be located closer than one hundred (100) feet to the right-of-way line of any existing public street, unless the circumstances reasonably warrant a shorter distance; c. No building or structure shall be located closer than twenty-five (25) feet to the nearer of the edge of pavement or the edge of an easement of/for any public or private street; and 8. Minimum Building Lot Area Where individual building lots are established within a Planned Conservation Development District, the sizes of said lots shall be established on the approved Final Development Plan. 9. Landscaping and Buffers a. All landscaping shall be in conformance with an approved landscaping plan for the District, and such plan shall, to the extent reasonably practicable, conserve the pre-construction natural environment; b. All disturbed areas within a Planned Conservation Development District which are not covered by permitted structures or pavement shall be evaluated to determine whether it is reasonably necessary to landscape those areas with grass, trees, shrubbery, other appropriate ground cover or landscaping materials, or some combination thereof, to achieve the b. If the Township reasonably determines that the proposed landscape plan does not adequately provide a rural streetscape along existing public streets contiguous to the District, then it may require landscaping and/or buffering at locations within the proposed District deemed reasonably c. Landscaping may be required within setbacks from properties adjoining the Planned Conservation Development District where the Zoning Commission and/or Township Trustees reasonably determine that such landscaping is necessary to mitigate anticipated material adverse visual or auditory impacts outside the District; and d. No requirements imposed under this paragraph 9 shall alter, or have the effect of altering, any setback, lot area, density, or other area parameter authorized in this Section 308 of the Zoning Resolution. 10. Drainage 11. Fire Protection E. Application Requirements and Procedures 1. Pre-Application Meeting Prior to the submission of an application and development plan for a Planned Conservation Development District, applicants shall notify the Zoning Inspector of their intent to file an application and request to be scheduled on the next available meeting agenda for the Zoning Commission. The applicant shall appear before the Zoning Commission and may present a preliminary sketch or concept plan of the proposed District. The purpose of this pre-application 2. Application For General Development Plan Approval After the Pre-Application Meeting with the Zoning Commission, the applicant shall submit to the Zoning Inspector an application for creation of a Planned Conservation Development District (NOTE: Planned Conservation Developments that are also subject to the subdivision regulations of Medina County shall make concurrent application for approval of such subdivision to the a. A General Development Plan conforming to the requirements of Section 308F(1) and F(3) of this Zoning Resolution; b. Evidence from the appropriate Medina County agency that public water and sanitary sewer facilities are adequate to handle the proposed development, and that no sanitary sewer pumping or lift stations are required; c. Information regarding the applicant’s proposed standards for development including the intended method of providing for ownership, perpetual maintenance responsibility, and financing for all open space, recreation facilities, common parking areas, private streets, and other d. Fees and deposits in conformance with the provisions of Section I below. 3. Review and Approval of General Development Plans a. Zoning Commission Upon receipt of a complete application for creation of a Planned Conservation Development District and approval of a General Development Plan, the Zoning Inspector shall forward copies to the Zoning Commission and such other officials or advisors as the Trustees may from time to time designate. The Zoning Commission shall schedule the application to be heard at their next meeting occurring at least twenty-one (21) days subsequent to the filing date of the complete b. Township Trustees The Township Trustees shall act upon each application and General Development Plan referred by the Zoning Commission within sixty (60) days of a receipt of the Zoning Commission’s recommendation, provided, however, that said time period may be extended by the Trustees with the consent of the applicant. If the Trustees deny approval of the General Development Plan, they shall state in writing the specific reason(s) for their disapproval. The Township Trustees shall act upon the application and recommendations within the times prescribed in this 4. Application for Final Development Plan Approval Final Development Plans conforming to the requirements of Section F(2) below shall be submitted to the Zoning Commission for review and shall be based on a previously approved General Development Plan and may be for portions or phases of the entire plan area. Final Development Plans shall be submitted at least ten (10) working days prior to the meeting at which said plans will be reviewed by the Zoning Commission. A minimum of sixteen (16) copies shall be submitted. Submission shall include fees and deposits as established by the Township Trustees. 5. Review and Approval of Final Development Plans a. Zoning Commission The Zoning Commission shall review each Final Development Plan and, in a purely advisory capacity, shall make a recommendation to the Township Trustees to approve or reject the Final Development Plan within forty-five (45) days of the date at which said Final Development b. Township Trustees The Township Trustees shall act upon each Final Development Plan referred by the Zoning Commission within forty-five (45) days of receipt of the Zoning Commission’s recommendation provided, however, that said time period may be extended by the Township Trustees with the 6. Compliance Required After the approval of a Final Development Plan, all site plans, building permits, Zoning Certificates, and other plans for improvements and any development or construction within the Planned Conservation Development District shall be in substantial compliance with the approved Final Development Plan and any conditions of such approval adopted by the Township. Any departure from the approved Final Development Plan or from any conditions or development 7. Amendments To Development Plans The owner(s) of an approved Planned Conservation Development District may submit to the Zoning Inspector plans for amendment of an approved General or Final Development Plan. Except as provided otherwise in section 5(A) and 5(B) above, the Zoning Commission and Township Trustees shall review such amended plans within forty-five (45) days of their receipt, and may approve the amendment if it is determined, after public hearing, that the amendment complies with the standards and criteria set forth herein. F. Development Plan Requirements and Criteria 1. General Development Plan Requirements Each application for General Development Plan review shall include sixteen (16) copies of a plan for the entire Planned Conservation Development District, drawn to scale, and shall include, at a minimum, the following data: a. The name of the development, the name of the owner or developer, north arrow, date and scale; b. The owners and zoning classification of adjoining parcels; c. A boundary survey; d. Existing topography and proposed finished grade with a maximum two foot (2’) contour interval; e. Proposed building locations and setbacks; f. Vehicular and pedestrian circulation plans; g. All off-street parking areas indicating the number of parking spaces provided and the number required; h. A storm drainage plan; including preliminary arrangements for storm detention facilities. i. All existing and proposed water facilities including the location and sizes of water mains, and the location of fire hydrants; j. All existing and proposed sanitary sewer facilities; k. General concept plans for landscaping; l. Architectural guidelines for proposed buildings and structures; m. Typical sections for all access drives and parking areas; n. Proposed phases if the project is to be developed in phases; and o. Proposed distances for building setbacks and separations. 2. Final Development Plan Requirements Final Development Plans shall be prepared by persons professionally qualified to do such work, certified by an architect, engineer or land surveyor duly registered by the State of Ohio, and prepared at an appropriate scale, but not less than one inch equals one hundred feet (1” = 100’). Profiles must be submitted on standard plan profile sheets. Final Development Plans shall include detailed design information for all items contained on the approved General Development Plans and shall also include detailed construction drawings for proposed improvements including detailed proposals and/or depictions of the following items: a. Traffic control provisions such as signage, pavement markings, and signalization; b. Utility improvement plans including all pipe sizes, types, grades, invert elevations, and the location of manholes for sanitary and storm sewers, the location and sizes of water mains, and the location of fire hydrants; c. A landscaping plan including a listing of all plant material by type, size, and number; d. Provisions for the adequate control of erosion and sedimentation; e. The location, type, size and height of all fencing, screening, and retaining walls; f. The location, width, size and intended purpose of all easements and rights-of-way and whether they are to be publicly or privately maintained; g. A site lighting plan; h. A site signage plan; and i. Site grading and drainage plans including storm detention calculations and pipe sizing analyses. 3. Reviewed Criteria For General Development Plans When reviewing an application for a Planned Conservation Development District, the Zoning Commission and Board of Township Trustees shall consider, but shall not be limited to consideration of, the following characteristics of the proposed District: a. The comprehensive nature and design of the General Development Plan including appropriate design of the physical, aesthetic, and economic relationships among its parts; b. The anticipated effects of the proposed development upon the Township and upon adjoining and proximate neighbors and properties including the impacts of traffic, storm water, noise, lighting, utilities, aesthetic values and other impacts; c. The adequacy of existing and planned roads, drives, and parking areas to meet the projected demand for such facilities and to integrate with existing and planned facilities in the Township; d. The relationships of the surrounding properties to the architectural and site design characteristics among the areas within the District; e. The nature and extent of proposed landscaping, existing vegetation and landform to be retained, and of proposed screening and buffering, particularly perimeter buffers; f. The suitability of the proposed separations between buildings, including any proposed setbacks or yards; g. The number and bulk of buildings proposed; and h. The ability of each proposed phase of the District, or of any group of developed phases, to meet the standards established in this Zoning Resolution. G. Professional Assistance The extent and complexity of certain applications for Planned Conservation Development 1. The Zoning Commission shall determine at the pre-application meeting called for in Section E1. above whether such studies or expert advice are necessary to evaluate a proposed development relative to the requirements of this Section 308. 2. The Zoning Commission shall at that time advise the applicant which if any such studies are required and provide an estimate of whether and the extent to which the anticipated costs of such studies will exceed the base deposit set forth in Section I below. 3. To the extent such costs exceed the base deposit, the applicant shall deposit with the Township sufficient additional funds as may be needed to pay for such studies or review assistance. Said deposit shall be made at the time an application for General Development Plan approval is submitted. H. Construction Inspection Or Certification During construction of a Planned Conservation Development District, the Township’s representatives shall be afforded adequate opportunity to inspect the development to confirm proper installation of improvements and compliance with the provisions of the Zoning Resolution, the approved standards and conditions for the Planned Conservation I. Fees And Deposits 1. All applications for General and Final Development Plan review and approval shall be accompanied by a non-refundable fee in an amount as set forth in the fee schedule as established by the Township Trustees. 2. All applications for plan review and approval shall also be accompanied, when applicable, by a cash deposit for professional consultant services in an amount as set forth in the fee schedule as established from time to time by the Township Trustees. Any balance of unused funds shall be refunded to the applicant within sixty (60) days of the Township’s final action on the application. 3. Prior to commencement of construction, the developer of a Planned Conservation Development District shall deposit with the Township Clerk an amount based upon the estimated cost of construction of inspection services as determined by the Township’s consultants, which funds shall be used by the Township to pay for project inspections during construction as provided in Section H. The amount of the inspection deposit shall be estimated based upon the estimated cost of construction and the type and frequency of the inspections reasonably and 4. Where inspections are to be performed by an independent engineer responsible for certifying proper construction of required improvements as provided in Section H, the developer shall be solely responsible for the cost of such engineering and inspection services and the inspection deposit herein described shall not be required. AMEND SECTION 301(B)(1), PERMITTED USES IN R-1 RESIDENTIAL g. Planned Conservation Development Districts, subject to the provisions of Section 308 of this Zoning Resolution.
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