Trustees, Developer Reach Truce Over Apartments Dispute
Bainbridge Township Trustees reached an agreement July 28 with the developer that threatened a lawsuit against the township in early June.
Bainbridge Township Trustees reached an agreement July 28 with the developer that threatened a lawsuit against the township in early June.
After trustees repeatedly denied occupancy permits for VC Park at Geauga Lake apartment complex due to safety concerns, Vision Development — the company leading the project — said it would be taking legal action against the trustees.
Vorys law firm, representing Columbus-based VD, sent the Geauga County Prosecutor’s Office a letter June 4 stating three reasons why they believe the township was working unlawfully.
“Aurora Apartments (VD) constructed the buildings pursuant to the building code and fire code, yet the county and township are improperly delaying occupancy,” the letter said. “The county is required to issue the certificates of occupancy under Ohio law and the township has no authority to interfere with this straightforward process. The county and township are exposing themselves to unnecessary liability for violation of the law.”
The letter went on to demand occupancy for nine buildings on the property.
“Aurora Apartments hereby demands that the county immediately execute certificates of occupancy for the nine completed (and approved) buildings within the development and the township cease and desist from its illegal interference with same,” it said.
Bainbridge Township’s legal counsel, Tom Simmons, summarized the negotiation process with VD at the July 28 trustees regular meeting.
The developer wanted to open the 15 to 18 apartment buildings individually, he explained, adding residents would be driving through active construction zones.
“I think I am not talking out of turn by saying, I don’t think that we thought that that was particularly well thought out,” he said.
With this litigation process, trustees were able to get VD to agree to requirements concerning occupancy and property operations, Simmons said.
If VD did not agree to meet the requirements they laid out, the township was prepared to file litigation against the developer, Simmons said.
As part of the agreement, VD committed to having the exterior of every building within the three phases complete before any building is occupied, he said.
“So, no earth-moving equipment, no large construction vehicles (or) construction vans for interior work kind of circulating on the site at the same time as the residents,” he said.
The developer also agreed to erect fencing around live construction areas during phases two and three, Simmons said.
“Each of those phases will be entirely encircled in (fencing) to allow access for residents in phase one to come off of what will be Big Dipper Road onto the site,” he continued. “Again, a key fact that was not part of their original thought. So, even if they were done with all the exterior construction on phase one, they still would have all those large equipment and other sorts of things on phases two and three. So, this ensures, as best we can, kind of the safety of the residents … in that development.”
The township conceded on a few items related to signage, security and construction vehicle parking, Simmons said, adding in total, there were 12 concessions between the township and VD.
Simmons thanked Zoning Inspector Steve Averill and Planning and Zoning Coordinator and Assistant Zoning Inspector Dave Dietrich for their assistance in identifying safety concerns.
While negotiations were underway, VD had referred future residents of VC Park concerned about their inability to move into the complex to trustees, Trustee Jeff Markley said.
“I would want to tell you that we have held back for the very purpose of ensuring (the) safety of the residents living there,” he said.
It’s a constriction zone, which has debris like nails and screws, Markley added.
“Notably, the road is not a dedicated road,” he said. “There are no street lights on that road. There won’t be supervision, police and fire supervision, or the service department on that road. So, folks might be living there and our plow trucks are not plowing private drives. And until that road is dedicated, it’s going to be a private drive.”
In addition, there is currently a right-in, right-out entrance and exit from the undedicated Big Dipper Road onto state Route 43 that drivers have not been respecting, Markley said.
“Our police department has been actively patrolling that and will continue to actively patrol it and they will ticket it without warning anybody that turns left (out) onto (Route) 43 or turns left into the community,” he said.
Trustee Kristina O’Brien thanked Fire Inspector Bill Lovell for his help, as well.
“The township has truly attempted to bring this together for the safety of our residents and the benefit of our residents,” she said, adding they recently found out the apartment buildings would remain unlocked, creating a safety issue outside their control.
Trustees voted unanimously to adopt and approve the agreement with VD.
“The best settlement agreement is a scenario where no one’s happy with what they got,” Simmons said. “I actually feel pretty happy with what we got here and it was a result of a lot of negotiation.”
VD did not respond to a request for further comment prior to press deadline.
