TWP TWINBURG. – A revised plan is expected to be submitted in the near future for a roughly 40-acre seniors’ housing project at the former Minihan property after trustees approved a settlement with developer 7957 Darrow Road LLC.
The Tynes Farm subdivision proposed by the Sommers Development Group would be on land on the east side of Darrow Road between Old Mill Road and the Woodland Glade/Country Club of Hudson subdivision.
At a special meeting on April 27, administrators approved the deal, which will terminate the developer’s legal complaint filed in the U.S. District Court for the Northern District of Ohio-Eastern Division seeking $32 million. dollars in damages.
After lengthy discussions with a court-appointed mediator, the parties agreed to dismiss the litigation without prejudice and allow the developer to resubmit an application and plan for the project under the rescinded Chapter 25 guidelines of the resolution. zoning.
The dismissal stipulation specifies that each party will bear its own costs and attorneys’ fees, with legal costs to be borne by the promoter. The court would retain jurisdiction only in the event of an alleged breach of the settlement agreement.
“The township will review the revised application and work together diligently and in good faith to review this development, and the administrators will grant final approval if it is determined that all requirements of Chapter 25 have been met,” says the rule.
Township attorney Al Schrader told administrators that the settlement mainly deals with the procedures to be followed. “That doesn’t mean the township will ultimately approve the plan; it gives the developer a due process for the revised plan to be reviewed and implemented,” he said.
Public hearings would be held and the zoning commission and trustees would decide whether or not to approve the plan. “It’s a much better course of action than the township having to pay $32 million in damages,” Schrader said.
Sommers Development filed its lawsuit in December 2021, saying it had submitted plans before last year’s moratorium on submitting SRD plans, and that the township’s refusal to pursue its request and the repeal of Chapter 25 were unconstitutional.
The developer had asked the court to prohibit the township from applying the moratorium and repeal the resolution, and had claimed $32 million in damages.
After last year’s moratorium ended, the township’s zoning commission and Summit County’s planning commission favored rescinding Chapter 25, and administrators subsequently approved the repeal.
Chapter 25 was created in 2018 to implement recommendations from the 2003 Comprehensive Plan to improve the quality of development, plan for innovation and flexibility, and allow for a variety of housing types. He established the Elderly Residential Overlay District.
Sommers Development proposed to build the township’s first seniors residential development, which was originally planned to have 204 units. In meetings last year, several nearby residents questioned and opposed the plans.
At the April 27 meeting, four residents urged the trustees not to sign the settlement agreement.
A resident noted that the deal would only benefit Sommers Development after Schrader explained that no other areas could be developed under the canceled SRD regulations.
Resident Steve Hummel said agreeing to the settlement would constitute “targeted zoning” and “if it goes as it should, residents may have to take legal action against the township to recover the financial losses that we will accumulate”.
Residents have expressed concerns about the Tynes Farm project, such as density, environmental aspects, setbacks, traffic, crime, light pollution and that the proposed units would be rented and not owned.
Many of them have attended previous public hearings and some members of the zoning commission indicated that they were not against the development, but as a handful said, “we need a good development”.
Contact the newspaper at email@example.com.