PLANNING COMMISSION MEETING
City Staff Members Present:
The planning commission was called to order on January 11, 2005. Mr. Shields and Mr. Beyer were absent.
1. Mrs. Lynne Thomas-Roth asked if there were any additions or corrections to the minutes from the December 14, 2004 meeting. Mr. Marsh said that the last paragraph on the first page should be referring to "commercial" property instead of agricultural. Marsh moved that the minutes be accepted as prepared with that correction. Mayor Packard seconded the motion. Mrs. Thomas-Roth abstained, Mr. Marsh and Mayor Packard voted for the motion and the minutes were accepted with the correction.
2. 04-14 - Application for a change of zoning district requested by Oberer Development for 148.98 acres located on Springfield Pike and Frederick Road. Proposed change is from R-PUD and R-3 to R-4, R-5, and C-1.
The areas involved
include the parcel on the east side of Frederick Pike known as
the Sortman property and the parcel on the west side of Frederick
Pike known as the Miller property.
He said the
concept plan presented mixed use. At the last meeting they attended,
they had asked for multi-family. Mr. Oberer said the city had
expressed concerns with that request so they wanted to offer
some kind of assurances to the city that they would not build
high density units. They would be willing to adopt covenants
or deed restrictions.
They are planning on condominium type units, and the buildings will not be promoted as rental units. They are anticipating attracting the "empty nesters." He said they would be willing to limit the number to four units per building. They proposed something like a pin wheel single story. They would hold to no more than eight units per acre. Mr. Applegate said the R-5 or multi-family zoning allows up to fifteen units per acre.
Mr. Marsh said he thought the earlier discussion was with the R-5 zoning and that is what they were concerned about.
Mr. Marsh asked what the minimum square footage is for R-5 zoning. For a two bedroom, it was 950 square feet for a multi family building, not an individual unit. Mr. Oberer said they could design it as all individual entry ways. Mr. Marsh suggested a concept such as Hunter's Glen. Mr. Marsh said he did not want one car garages.
Mr. Oberer he was willing to do whatever the city would be more comfortable with. He suggested that the city list conditions that Oberer Development would have to adhere to. Mr. Marsh said he would like to come up with the easiest and most expedient way to accomplish the zoning change.
Mr. Applegate said when it was discussed originally, it would either be by covenants or deed restrictions. Deed restrictions would be in effect even if the lots would be sold to another builder. Mr. Oberer suggested a list or addendum. When they go to market the property, they would know what the parameters would be.
Mr. Marsh said he was still concerned that if the property was re-zoned, the zoning would take precedence on what could be done. Mr. Oberer said he would agree to deed restrictions.
Mr. Marsh said he would be more comfortable with deed restrictions. Mr. Applegate said that with a deed restriction, the city could enforce that, even if they would need to go to court. With the covenants, they could not. It would be a civil matter.
Mr. Applegate referred to 1101.04 (b) The subdivider may place restrictions on any of the land contained in the subdivision greater than those required by the Zoning Ordinance, but such restrictions shall be indicated on the deed.
commission felt that it would be the best way to allow the different
zoning on the property.
Mr. Marsh also
asked about a limit of no more than four units per building,
each with an entrance and no common corridors.
said they would need to increase the square footage.
Mr. Marsh said the pinwheel design gives the illusion of larger, single family homes.
Mr. Marsh asked about driveways. Mr. Oberer said to keep it more secure, he would want only one entry way. They would have private streets in the multi-family so they would not want to encourage a drive though street though the development since the streets would be maintained privately.
questioned the proposed change from the existing R-PUD to R-4.
He asked if the R-4 would allow them to do what they wanted.
Greg Smith said they would have the same number of lots and have
more area for open space.
Mr. Marsh, to clarify the zoning, asked if everything west of Frederick would be R-4, east of Frederick would be R-4, the pink area on the map would be commercial and the yellow area is the R-5 with deed restrictions. Mr. Oberer said that was correct. Mr. Marsh said he thought they could still forward this to council with the information that the square footage information would be added.
Mayor Packard moved to forward the proposed zoning change to the council to set up a public hearing. Mrs. Thomas-Roth seconded the motion. All concurred and the motion was passed.
Mr. Oberer said they would incorporate the square foot requirement in a letter they would provide to the city. Mr. Oberer thought they could obtain photographs of the new designs.
3. 04-16 - Discussion and action on city initiated zoning change for lots located south of intersection of Old Springfield and Phillipsburg-Union Road. Proposed change is from R-3 Residential to C-1 General Commercial.
Mr. Applegate asked if anyone had driven by and looked at the property. Mr. Marsh said he had a problem with converting it to commercial property. He said that he listened to people taking about property overlooking the river valley being a very strong point for condominiums. Rodney Mallott had used that as a selling point for Ridgeview Acres. Mr. Marsh said he would prefer that kind of use for the area on the east side. He said he realized that if the area stayed residential, there was not sufficient acreage for the two parcels. He said one parcel did have an immediate need for a zoning change. He said if it would ever develop as commercial, they would see an increase in traffic in that area. He thought Richard Oaks, the traffic engineer could check that. Mr. Marsh thought the additional development around Stoneycrest would also increase traffic.
Mr. Marsh said
that in the master plan, the proposal was to keep the commercial
areas close together, as in the older part of town. He said there
was no commercial use north of Charles Place except for the non-conforming
use on the property which has been used as a tool and die company.
said the interested parties should attend a meeting and see what
the planning commission thoughts are. If a unique idea or design
was presented, the planning commission would be interested in
seeing the proposal. Mr. Marsh said without a plan, he was not
interested in changing the zoning. Mr. Marsh was concerned about
the homes located next to the property and how a business would
affect them with the extra lighting, etc.
Mr. Marsh said he would rather someone would come forward with a specific request. Mr. Applegate said as part of the annexation, they had said they would look at the area and change the zoning if necessary and that is why this was considered city initiated.
Mr. Marsh moved to deny the zoning request of 04-16 to change the zoning from R-3 to C-1. Mrs. Thomas-Roth seconded the motion. All concurred and the motion was passed.
4. Open Agenda
Mr. Marsh asked if the city staff would take care of the walkway connection mentioned in the Northmont Schools letter about the proposed development on Phillipsburg-Union Road. Mr. Marsh commented that there was very little growth in the student population.
Mr. Applegate said they have a new sheet showing the number of homes built by each builder. Mr. Applegate said that Inverness will not be building in the city next year.
Mr. Marsh said he was surprised of the average price. The square footage has increased also.
5. Mr. Marsh moved that the planning commission meeting be adjourned. Mayor Packard seconded the motion. All concurred and the planning commission meeting was adjourned.
PLANNING COMMISSION MEETING
City Staff Members Present:
The planning commission was called to order on February 8, 2005 by Mr. Shields.
Attendance was taken and Mr. Beyer was absent due to illness.
1. Mr. Shields asked if there were any additions or corrections of the minutes from the January 11, 2005 planning commission meeting. Mr. Marsh had a correction on page 4, third paragraph, changing the description of the location of the property to be zoned R-4. He suggested it should read "east of Frederick". Mayor Packard moved to accept the minutes as prepared with that correction. Mrs. Thomas-Roth seconded the motion. Mr. Shields abstained, Mrs. Thomas-Roth and Mayor Packard voted for the motion. The minutes were accepted with the correction.
2. Discussion of brick facade for mixed use zoning for Oberer Development.
Mr. Applegate said they wanted to define what percentage of homes would be brick facades, etc. in the development proposed along Frederick. Mr. Applegate added that they should have this determined before the public hearing was done on the zoning change. For this reason, he had asked Mr. Oberer to attend the meeting.
said he had also provided the planning commission with a copy
of the letter from Oberer Development removing a portion of the
property from the zoning application. The property is currently
zoned R-PUD. The letter will also be provided to the council.
said the design used for multi family buildings looked like large
homes, not buildings with multiple garage doors in a row. In
terms of the market, Mr. Oberer said the population was aging
but people would still want to maintain an independent life style.
Mr. Marsh said he would like to see that kind of housing in the community since there is nothing like it right now. He said he wanted to specify a minimum percentage of masonry on the exterior to assure him that it would be a desirable type product and an asset to the City of Union.
Mr. Oberer suggested they could consider a twenty-five percent minimum unless the specific plan was approved by the planning commission. The percentage would not include the windows and garage doors.
asked what was covered by the terms brick and masonry since it
would depend on the design of the building.
Mr. Thomas-Roth suggested wording using natural products and high quality vinyl trim.
It was mentioned that Hunter's Glen has the appearance of a high percentage of brick. Mr. Marsh said even if it was only five or ten percent, at least a minimum would be established. Mr. Applegate said he would prefer varied roof lines because it looks more attractive and breaks up whatever material is being used. Mayor Packard asked if they wanted to require a certain percentage or a certain material.
Mr. Marsh wanted a percentage of masonry for the development. Mr. Applegate said he would add the photograph that Mr. Oberer brought to the file for the public hearing. Mr. Oberer said he would provide a letter stating what the planning commission wanted.
said they will refer to this area as a mixed use only area. Mr.
Marsh asked if they had any conceptual plans on the commercial
area. Mr. Oberer said they knew what they would like but they
were open to a convenience store, Star Bucks, doctor or dentist
offices, sub shop, etc. They would like to do an "old town"
facade with a two story parapet wall so it would look like a
The public hearing was set for March 14, 2005 and Mr. Oberer said he was out of town on that day. Mr. Applegate said they could reschedule the public hearing. They would have to put in a new notice in the paper. They will change the public hearing date to March 28, 2005.
3. Open Agenda
There was nothing to discuss for the open agenda.
4. Mrs. Thomas-Roth
moved that the planning commission meeting be
BOARD OF ZONING APPEALS MEETING
City Staff Members Present:
Mrs. Thomas-Roth called the March 8, 2005 Board of Zoning Appeals meeting to order. Attendance was taken and Mr. Shields was absent due to illness.
1. Mrs. Thomas-Roth asked if there were any additions or corrections from the minutes of the December 14, 2004 Board of Zoning Appeals meeting. Mr. Marsh noted that "Lindeman" was spelled incorrectly on page 2. With that correction, Mr. Marsh moved that the minutes be accepted as prepared. Mr. Beyer seconded the motion. Mrs. Thomas-Roth abstained, the other Board of Zoning Appeals members voted for the motion and the minutes were accepted with the correction.
2. Application for an appeal for a variance from a zoning resolution requested by Gerald Deaton, Balsbaugh Builders, for 102 Sue Circle Court in the rear yard set back for a room addition. Asking for a change of 30 feet to 20 feet six inches.
said that Mr. Deaton was present. Mr. Applegate said that the
staff had reviewed this and had no objections.
Mr. Marsh asked
if the room additions would be brick since most of the homes
in Lindeman Commons are brick. Mr. Deaton said that he had been
asked that the additions be brick up to the bottom of the windows
and then siding on up. Mr. Deaton said the homes all had to be
a certain percentage of brick. The house is all brick except
for the gables. Mr. Deaton said the homeowners would prefer partial
brick but would go with what was decided by the Board of Zoning
3. Open Agenda
Mr. Beyer said
he was watching the coverage of the Clayton Council meeting on
television and Mr. Gudorf said they were only going to develop
the 1200 acres right around the school. Mr. Beyer said Mr. Gudorf
added that the developer was only going to put in 100 homes a
year and that was sufficient for the City of Clayton because
they wanted slow growth in the city, not 200 homes a year.
4. Mr. Beyer
moved that the Board of Zoning Appeals meeting be adjourned.