Union City Planning Commission and Board of Zoning Appeals Meeting Minutes
 
First Quarter 2005
 
January 11, 2005, Meeting Minutes
February 8, 2005, Meeting Minutes
March 8, 2005, Meeting Minutes

January 11, 2005

PLANNING COMMISSION MEETING

Members Present:

Glynn Marsh

Robert Packard

Lynn Thomas-Roth

City Staff Members Present:

John Applegate

Denise Winemiller

 

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.
Mr. Oberer said once they had acquired the additional Sortman property, they decided to re-look at the situation.

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. Oberer said they could put a cap of two stories on the building. He thought there would be a market for a two bedroom condominiums. He offered 1000 square foot minimum, a minimum of one garage, no driveways on to Old Springfield or Frederick, only a main curb cut entrance to service the interior system. Mr. Oberer said this was his response to some of the city's concerns and questions.

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. Applegate said they had this discussion with Mill Ridge when they asked to put in homes with one car garages and the city would not allow them to do that. Mr. Applegate said that now Mill Ridge is even putting in three car garages.
Mr. Marsh asked Mr. Oberer if they were proposing a deed restriction on that property instead of covenants.

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.

The planning 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.

Mr. Applegate 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.

Mr. Applegate 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.
Mr. Marsh also thought the stonework at the intersection made an entry or gateway illusion coming into the city.
Mr. Applegate said the plan called for mixed use zoning. The area used to be commercial up to Bowmans. Mr. Applegate said they thought the south-east property known as the McMillan property, could have an entrance at the back of the property and put in store fronts along the front walk. The parking would be behind the building. Mr. Applegate said he had talked to Richard Oaks about it. Van Con had looked at it and was considering buying the property. They had talked about putting living quarters above a shop. Mr. Applegate added that he would like to see something unique there. The walk is already there. Mr. Marsh said he would not like to see a gas station or a drug store on that corner but he understood the property owner's interest in a zoning change.

Mr. Applegate 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.
Mrs. Thomas-Roth said she was not at the last meeting but she had talked to Mr. Beyer about the discussion. She said that one of the things that Union had that was unique and different was the valley and the view looking out over the valley. For that reason, she was not favorable to commercial zoning. She said if there was a really nice restaurant designed to over look the valley that would be a positive use of the area but there still would be parking lots, etc. and she did not want that. She was not in favor of having the south east corner go commercial.
Mr. Applegate said they were trying to improve what was done in the past. The city does need commercial businesses. Mr. Applegate said at a major intersection in a city, the land will eventually become commercial.
Mr. Applegate suggested that they invite anyone with a conceptual plan to come to the meeting. The planning commission agreed. Mr. Applegate said store front businesses with light traffic would work, like an insurance office, doctor's office - not a restaurant which would have a lot of traffic.
Instead of tabling this, the planning commission will not recommend the zoning change at this time. Mr. Applegate said he will make the property owners and their realtor aware of their options. Mrs. Thomas said she was thinking boutiques or a coffee shop. Mr. Applegate said they would like to get something started to generate interest in the community. They talked about a town center concept. Mr. Applegate said that the population was 6,500 and the community needed some businesses.
If the larger parcel would be developed, it would make the other parcels more attractive. Mr. Applegate said they needed to encourage some things to happen.

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.

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February, 2005

PLANNING COMMISSION MEETING

Members Present:

Glynn Marsh

Robert Packard

Lynn Thomas-Roth

Dale Shields

 

City Staff Members Present:

John Applegate

Denise Winemiller

 

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.

Mr. Applegate 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.
Mr. Oberer said in doing the final engineering on that area, they decided that there had been good reasons to originally have the land zoned R-PUD instead of R-4. He said land planners were looking at it and designing the development, then the engineering department looked at it and determined it should remain zoned R-PUD.
Mr. Oberer said the American Dream series built in Stoney Crest is smaller than what is planned for this new development but has similar elevations. They will mix things up with a variety of brick, front porches, gables, etc. but Mr. Oberer said it would be hard to come up with a specific percentage of brick. He said there are garage doors, windows, etc., so he felt it would be difficult to determine a percentage.
Mr. Marsh said he was concerned more with the multi-family homes rather than the single family homes since Oberer was already well established in the community by having built single family homes. Mr. Marsh said he would like Oberer to establish a criteria like what they usually do so if the property was sold, they would still have a decorative facade in the development. Mr. Marsh said he wanted a rough percentage of decorative stone, rock or something of that nature specified.
Mr. Oberer distributed some photographs which are similar to Hunter's Glen, showing new elevations with higher roof treatments, different windows and brick or stone treatments. He said that if someone heard that twenty-five percent of the homes need to be brick, they would think that was not a very high percentage. Mr. Shields said he felt like they needed to come up with a different terminology and require a combination of what they want to make up the development.

Mr. Oberer 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.
The price range they are discussing is from $160,000 to $240,000. Mr. Oberer added that property taxes are not discounted because they are private streets, so the city gets the same amount of property tax money even though they do not have to maintain the streets.

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.

Mrs. Thomas-Roth asked what was covered by the terms brick and masonry since it would depend on the design of the building.
Mr. Marsh said he did not want to see a 100 percent vinyl structure or the possibility of that.
Mr. Applegate said there are different grades of vinyl and even different types of backing for vinyl.

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.

Mr. Applegate 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 street corner.
There is a potential for commercial on the east side of the river and a lot of available acreage.
Mr. Oberer said he appreciated the input from the planning commission members.

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
adjourned. Mr. Shields seconded the motion. All concurred and the planning commission meeting was adjourned.

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March 8, 2005

BOARD OF ZONING APPEALS MEETING

 

Members Present:

Lynn Thomas-Roth

Glynn Marsh

Mayor Packard

Lawrence Beyer

 

City Staff Members Present:

John Applegate

Denise Winemiller

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.

Mr. Applegate said that Mr. Deaton was present. Mr. Applegate said that the staff had reviewed this and had no objections.
Mr. Marsh asked what was located behind the room addition, if there were other homes. Mr. Deaton said the rear yard was a fence line and a vacant area.
Mr. Marsh also established that there was a variance granted originally on the property to Mike Joly when the house was first built.
Mrs. Thomas-Roth asked what the two room additions would be used for and why the rooms were separated. Mr. Deaton responded that one room was for the children and the other room was an extension on a bedroom. The homeowners are planning on establishing a courtyard area in between the two new rooms.

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 Appeals.
Mr. Marsh said he would prefer to see brick to the back and to be consistent to the rest of the construction so it would not look like an add on.
Mr. Applegate said that Mr. Deaton could use brick on the outside and vinyl on the inside facing the interior courtyard which would satisfy the forty percent brick requirement.
The property backs up to a farm that is located in Clayton and there are no houses directly behind the house.
Mr. Marsh moved that he would approve the variance and that the structure
be brick to the square with the exception of the interior court yard. Mr.
Beyer seconded the motion. Mayor Packard voted against the motion, Mrs. Thomas-Roth, Mr. Marsh, and Mr. Beyer voted for the motion and the variance was granted.

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.
Mr. Marsh said the local paper wrote about a proposed sport complex that would be part of the development around the school. He later saw on the evening news that Brookville is having a sports complex built there.

4. Mr. Beyer moved that the Board of Zoning Appeals meeting be adjourned.
Mrs. Thomas-Roth seconded the motion. All concurred and the meeting was adjourned.

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