Council approves preliminary Concordia site plan amid resident concerns

by Laura Bednar

Independence City Council voted 5-2 at its February meeting to approve Petros Development’s preliminary plan for the Concordia housing subdivision at Stone and Brecksville roads.

Greg Modic, president of land development for Petros, said the size of the stormwater basin for the development is triple the size of the original plan, and the 10.5 acres that is draining down Stone Road will be diverted to a regional stormwater basin. The drainage area will be reduced to one acre. Modic said the piping will be oversized to ensure water is carried to the retention ponds.

He added that a homeowners association will be created before Petros sells any lots, and the HOA rules will be sent to the city for review. “It will be owner occupied,” Modic said.

Councilperson Chris Walchanowicz said language should be added to HOA rules to prohibit rentals.

Vice Mayor Anthony Togliatti said HOAs have previously gone defunct in the city, and the retention basins and regional stormwater system are not on Concordia property but on the property to the south.

Modic said the property to the south has a retention basin. Petros will expand the basin and connect it to the Concordia site. The HOA would maintain the basins; Togliatti expressed concern that the city would have to repair basins if the HOA doesn’t take responsibility.

“We don’t know how the HOA will interact with that [southern] property owner,” he said.

Law Director Greg O’Brien said there is a legal mechanism for the city to pass repair costs to residents of the property if the HOA fails and the city has to intervene.

Modic said Petros has an agreement prepared with the southern property owner for an easement, which will be finalized after the final development plan is approved. He added the HOA will be required to provide an annual report to the city that is has a certified inspector for the retention ponds.

Togliatti voiced his concern about gas wells on the property, with homes 50 feet from the wells. Modic said Petros is following all regulations and other developments throughout Northeast Ohio have wells within the same distance.

Togliatti said he thinks sidewalks in the subdivision should be 10 feet wide instead of 5 feet to accommodate bikers and walkers from the Hemlock Trail connection planned for the development.

“I’m not sure it’s going to make the final drawings,” said Mayor Greg Kurtz, noting it may be easier for walkers or hikers to come out on Brecksville Road.

Councilperson Dale Veverka said he didn’t think subdivision residents would be eager to have a trail cut through their development. Kurtz said it is something that Petros will explore.

Veverka asked if a traffic light would be needed onto Brecksville Road. Modic said a traffic study will be conducted after the number of homes is finalized.

Togliatti made a motion to send the proposed development to the voters for approval. Veverka, Jim Trakas and Togliatti voted in favor and Kevin Day, John DiGeronimo, Tom Narduzzi and Chris Walchanowicz voted against.

“It’s not the right place to shoehorn a development,” said Togliatti, adding that it seems the city is doing everything to maximize the number of lots on the property.

Public participation

Many residents who spoke at previous public hearings and open meetings returned to state their concerns over the project and the approval process.

Matt Benkner said city council went out of its way to circumvent the 1975 ordinance that states any zoning ordinances to provide for multiple family dwellings, attached single-family dwellings or cluster subdivisions must be submitted to the electors following council approval. The city claims the development does not meet the American Planning Association’s definition of cluster homes.

A new section was added to the city’s zoning code, which allows for the planned smaller homes and lots.

“Pushing this through without a say from the people is unethical,” Benkner said. “This sets a precedent going forward … that you no longer have to follow the ordinance.”

Daniel Sobotka said, “The mayor is throwing out our whole building code for the developer while getting absolutely nothing back in return.”

Viveka Jenks read a prepared statement from her husband, Brian, who noted that greenspace was an appealing facet of the city, and it was discouraging to see planned clear cutting of the forest. He added that water runoff is already a problem for Stone Road residents, and the city is not taking into consideration the detrimental impact of the watershed downhill.

Kate Saylor suggested placing the retention basins on the property so it would be possible to connect them to existing storm sewers.

Mike McClendon asked how the administration can say the project will benefit the city at large if there are only enough homes to accommodate 1% of existing Independence households. “The half a million dollar price tag ensures that these homes will be bought by people in upper income brackets,” he said.

Peter Panizutti talked about the idea of stewardship, which he said, “should be the driving force of all decisions.” He referenced the forested land that will be cleared: “Do we have the right to destroy something that predates even our republic?” ∞