Union City Planning Commission and Board of Zoning Appeals Meeting Minutes
 
First Quarter 1999
 
Jan. 12, 1999, Meeting Minutes
Feb. 9, 1999, Meeting Minutes
March 9, 1999, Meeting Minutes

Jan. 12, 1999

PLANNING COMMISSION MINUTES

Members Present:
Lawrence Beyer
Mayor Packard
Lynn Thomas Roth
Glynn Marsh
Dale Shields
 
City Staff Members Present:
John Applegate
Denise Winemiller


Mr. Shields called the planning commission meeting to order and attendance was taken.

1. Mr. Shields asked if there were any corrections or comments on the minutes from the September 8, 1998 planning commission meeting. There were none so Mayor Packard moved that the minutes be approved. Mr. Beyer seconded the motion. Mr. Marsh abstained, Mr. Beyer, Mr. Packard, Mr. Shields, and Mrs. Thomas- Roth voted for the motion. The minutes were accepted as prepared.
2. Mr. Shields asked if there were any comments on the minutes from the November 10, 1998 planning commission meeting. There were no comments so Mr. Beyer moved that the minutes from the November 10 meeting be approved. Mayor Packard seconded the motion. Mr. Shields abstained, the other commission members voted for the motion and the minutes were accepted as prepared.

3. 99-02 - Application for a final plat approval from Daryl McKenzie for Ridgeview Woods, located on the east side of State Route 48, south of Old Springfield Road.

Mr. David Winemiller said that Daryl McKenzie was in partnership with Rodney Mallot. The intent is to build duplexes and they will need a rear yard variance on some of the lots from forty feet to thirty feet. Each individual unit would be in the price range of 150,000 dollars.
The drive would be private with a turn around. The responsibility for maintenance will be the homeowners association.

The street will be built to ODOT specifications.
Water will be extended under State Route 48 so the buildings can be tied into the water system. A fire hydrant will be set once across the road and the six inch line reduced to a four inch line which will be the responsibility of the homeowners.
Mr. Winemiller said Mr. Marsh had some concerns with stormwater. Mr. Winemiller said that they have adopted a plan from Vic Roberts of Englewood, which he refers to as a stormwater decelerator. The stormwater will be collected into a catch basin at the bottom of the road. A fifteen inch plastic line which will transport the stormwater through two different manholes, a four foot and a six foot manhole with slits in the side to slow down the flow of water and let it escape. This process stops the erosion from the stormwater.
Mr. Applegate said this is a simple system and he has seen it work in Englewood. He thought this plan would work well for this development.
Sidewalks can be eliminated since it is a private community.
Mr. Marsh said that a private Crossman development is having problems where the homeowners are trying to disband the homeowners association. Mr. Applegate said they would still be assessed since it has been a private community from the beginning.

Mayor Packard moved that the planning commission accept and approve the final plan for Ridgeview Woods contingent on the review of the covenants and homeowners association. Mr. Marsh seconded the motion. All concurred and 99-02 was passed.

4. Mayor Packard moved that the planning commission meeting be adjourned. Mr. Shields seconded the motion. All concurred and the meeting was adjourned.

BOARD OF ZONING APPEALS MINUTES

Members Present:
Lynne Thomas-Roth
Mayor Packard
Lawrence Beyer
Glynn Marsh
Dale Shields
 
City Staff Members Present:
John Applegate
Denise Winemiller

Mr. Shields called the Board of Zoning Appeals meeting to order and attendance was taken.

1. Mr. Shields asked if there were any corrections on the minutes from the September 8 meeting. There were none so Mayor Packard moved that the minutes be accepted as prepared. Mrs. Thomas-Roth seconded the motion. Mr. Marsh abstained, the other members voted for the motion and the minutes were accepted as prepared.

2. Mr. Shields then asked if there were any additions or corrections to the minutes from the November 10 meeting. There were none so Mr. Beyer moved that the minutes be accepted as prepared. Mayor Packard seconded the motion. Mr. Shields abstained, the other members voted for the motion and the minutes were accepted.

3. 99-01 - Variance request from JZ Homes for Lot 222, 162 Warner Drive. House was inadvertently set forward into building set back. A memo was provided on this to all planning commission members on November 23, 1998.

Mr. Beyer moved to grant the variance. Mayor Packard seconded the motion. All concurred and the variance was granted.

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

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Feb. 9, 1999

PLANNING COMMISSION MINUTES

Members Present:
Dale Shields
Larry Beyer
Robert Packard
Glynn Marsh
 
City Staff Members Present:
John Applegate
Denise Winemiller

Mr. Shields called the Planning Commission meeting to order. Attendance was taken. Lynn Thomas Roth was not able to attend the meeting due to business demands.

1. Mr. Shields asked if there were any additions or corrections on the minutes from the January 12, 1999 planning commission meeting. There were none so Mr. Beyer moved that the minutes be approved. Mr. Marsh seconded the motion. All concurred and the minutes were approved.

2. 99-04 - Application for a final plat approval from Jim Lindeman, for Lindeman Commons, Section III.

Mr. Applegate passed around some construction drawings for Lindeman Commons, located west of Old Mill Road off of Sweet Potato Ridge Road. This complies with the preliminary plan which is on record. Woolperts Engineering has reviewed the plans and made comments and Mr. Winemiller is responding to the comments. They are waiting for the final review.

Mr. Applegate said that they have worked with the Brethren Home on handling the storm water. Both parties have come to an agreement and that is being reviewed by Woolperts. There is a low spot at Magdelena that needed to be addressed. Mr. Applegate said the staff recommends the approval contingent to the final approval from Woolperts, and the receipt of the Subdivider's agreement and some other documents.
In a discussion about tying together the roads, Mr. Applegate said they did have the water lines in but he was concerned about the streets being completed before the lots were developed. Mr. Applegate said that could be made a requirement for the approval of the plan. He said he had also just received the covenants and wanted to review those. Pending final review by Woolperts, receiving the subdivider's agreement, approval of covenants, and requiring the extension of Magdelena to the east property line, Mayor Packard moved that the final plan of Lindeman Commons, Section III be approved. Mr. Beyer seconded the motion. All concurred and the motion was passed.

3. Review and discussion on a pre-preliminary plan from Sam Knobler of Midlife Development for property located in Concord Farm North, to be known as Stillwater Meadows. (This is not a preliminary plat application)

Mr. Knobler, Todd Duetsch, and Tim Schram, the engineer was present. Mr. Applegate indicated the area involved on the map. Mr. Applegate said this plan was a pre-preliminary plan. It has a continuation of Concord Farm Road and Marrett Farm and those do comply with the city's thoroughfare plan. The acreage is 69.705 acres, 216 lots, and the density is 3.62 units per acre and it does comply with regulations.

Mr. Applegate asked what would be done with the woods, trying to save the trees. Mr. Schram said the area would be cleared where the streets would go but they would try to maintain the existing grade and elevation in that area. He said they would try to preserve as much as possible. Mr. Applegate asked if they would consider marking or taping some that don't have to be moved. They said the first part that they would be clearing is a lot of scrub brush and the nicer trees are one hundred sixty or seventy feet back.
Mr. Applegate said he has also been asked about the eighteen acres of woods. He said the he would like to see the lots a little wider. They were talking about a fifty foot wide house, with a two car garage requirement. Mr. Applegate asked if the scale of the home seemed to be out of proportion to the lot size.
Todd from Midlife Development answered that they have some builders in mind but none has been signed up to build. He said that all of the homes will have two car garages. He gave an example of one of their developments in Fairborn, called Centennial Ridge. The ranches are wider, the maximum width but the two stories are more narrow due to the square footage. He said that they properly grade the lots and correctly place the homes on the lots.
Tim said he wanted to give the city more information on the lots and get some feed back from the planning commission. The 75 foot lots will have an average of 12,000 square feet per lot. The 65 foot lots will be an average 9,200 square feet per lot. The duplex lots will average 12,750 square feet. There is also a 5.6 acre site that will be dedicated as a public park.
The minimum set back is 25 feet and that has been varied up to 35 feet for aesthetic reasons. They will maintain the 30 foot minimum rear yard. The minimum side yard requirement is six feet with 15 feet total overall side yard requirement.
Mr. Knobler said they would like to have some nice entrance signs in the city's right of way on State Route 48.
Mr. Marsh commented that several variances had needed to be granted in Union Ridge. He asked if this would be the situation in the new development.
Todd said that was caused by curves in the streets and tapered lot lines. These lots are more rectangular and the variance situation shouldn't come up as frequently.
Mr. Beyer said that JZ Homes did not have a reputation to be proud of because of all the variances and mistakes that have been made. He said that if JZ will participate in the new development, he asked that someone talk to them to correct some problems.
Mr. Applegate asked that they be sure that the corner lots be able to take the foot print of the proposed house.
Mr. Applegate requested that the homes along the woods be 75 feet wide.
There are currently no sidewalks in the existing subdivision. Everything has green space with walkways. The zoning has been changed so that the green space is not required in the remaining R-PUD area. He said they would need to resolve that issue. They will want to do something to tie in the existing walk system. The development will have sidewalks in front of the homes.
Todd says the duplexes as shown are correct but they want to sell each one individually.
Mr. Applegate also suggested that some access be made for the city behind Marrett Farm Road, to add more area to the green space. Mr. Marsh asked if the park would be deeded to the City of Union? Mr. Applegate said the original plan showed a park and school there. The school is not needed anymore and there is additional vacant ground there. The street, Zinfadel, does end into the park so they need to establish right of way, whether they want to go through to the property or not.
In regard to the street names, all types of wine, Mr. Knobler said they were not finished with the names of the development. Mr. Marsh said there was a Stillwater Estates in Clayton. The developer probably needs to change the name of the development also.

4. Review and discussion on a proposed Kocolene Development for the Hine's and Country Mart properties.

Mr. Applegate introduced Mark Sexton, the Director of Real Estate for Kocolene Development, representing the Fast Max store at 110 South Main Street.
Mr. Applegate thought the planning commission could start the review of the proposed situation even though the city council would have the final action on vacating the alley.

Mr. Sexton said they are working with Bob Hine to purchase the Hine's Hardware property but they would need the alley to be vacated. They are proposing to eliminate the car wash and utilize the Hine property but there is an alley going right down the middle of the two properties. They would want to move the buildings back and over, leaving more room for customers. All alleys are sixteen and a half feet wide. They want to build a new convenience store and add a small craft store.
On some of their other sites, the buildings have a different look with split faced brick and they add a log cabin looking type building with a front porch next to it, to hold the crafts.

Mr. Applegate said that Kocolene has agreed if their plans fall through, the alley would revert back to the city.
The proposed buildings would be constructed approximately two years in the future. Nothing would be started until after the expansion of State Route 48 has occurred.
Mr. Applegate said that when Kocolene comes back in two years with a final plan, the city can take a closer look at their proposal. No action needs to be taken now.

Mr. Applegate mentioned that Woolpert's had given the city a cost for an update on a new land use plan. At this time, the City of Union does not have the funds to complete the project in a one year period. After discussion the proposal with the Planning Commission, it was decided to postpone the creation of a new land use plan.

5. Mr. Marsh moved that the planning commission meeting be adjourned. Mr. Beyer seconded the motion. All concurred and the meeting was adjourned.

BOARD OF ZONING APPEALS MINUTES

Members Present:
Dale Shields
Mayor Packard
Lawrence Beyer
Glynn Marsh
City Staff Members Present:
John Applegate
Denise Winemiller

Mr. Shields called the Board of Zoning Appeals meeting to order and attendance was taken.

Mr. Shields said that Mrs. Thomas-Roth was not able to attend the meeting due to business concerns.

1. There were no corrections or comments on the minutes from the last meeting so Mayor Packard moved to accept the January 12, 1999 minutes from the Board of Zoning Appeals meeting. Mr. Marsh seconded the motion. All concurred and the minutes were accepted as prepared.

2. 99-03 - Variance request from Randy Butler for rear yard variance for building addition located on Hawker Street.

Mr. Applegate explained that the Montgomery Village area adjacent to the property is zoned R-5 now but was zoned Commercial, C-1 in the past. Mr. Applegate indicated on the map where a large reserve area was located where building is prohibited. There is a 50 foot easement for Dayton Power and Light.
If the zoning would still be at C-1, there would only be a one-half foot variance needed. Since the area is now R-5, they need a variance of thirty and one-half feet. Mr. Applegate said considering the location of the property, he did not feel there would be a problem. The mowers and equipment that are now stored outside would be moved inside, stored within the new addition which would improve the aesthetics of the property.
Considering the projected use of the building, Mr. Applegate said that the staff had no objections to the granting of the variance.
Mr. Beyer moved that the variance be approved. Mr. Shields seconded the motion. All concurred and the variance was approved.

3. Mr. Shields moved that the meeting be adjourned. Mr. Beyer seconded the motion. All concurred and the Board of Zoning Appeals meeting was adjourned.

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March 9, 1999

BOARD OF ZONING APPEALS MINUTES

Members Present:
Dale Shields
Mayor Packard
Lynn Thomas-Roth
Glynn Marsh
City Staff Members Present:
John Applegate
Denise Winemiller

Mr. Shields called the Board of Zoning Appeals meeting to order and attendance was taken.

Mr. Beyer was not able to attend the meeting because he was out of town.

1. Mr. Shields asked if there were any questions or comments on the minutes from the February 9, 1999 meeting. There were none so Mayor Packard moved that the minutes be approved. Mr. Marsh seconded the motion. Mrs. Thomas-Roth abstained, the other members concurred and the minutes were accepted as prepared.

2. 99-05 - Variance request from JZ Homes on side yard requirement for lot 199/200, 129 and 127 Brumbaugh Court. They are asking for .84/100 of one foot variance for lot 199 and 1.03 foot variance for lot 200.

Mr. Applegate said Mr. Samuelson was present to explain why the variances need to be granted.

Mr. Samuelson said the house was already up and it was recently discovered that the house was slightly off in the layout. The house is on a pie shaped lot and part of the unit projected out too far. When the property was laid out, it was measured from the wrong stake. There was a series of three houses that were affected and variances have been granted already. Because the lot is wedge shaped, it has caused a problem.

Mr. Marsh said in looking through the minutes from the last year, there was a substantial amount of variances granted. He said he thought that JZ gave the city assurances that this would not continue to happen. He asked if Mr. Samuelson had taken the proper steps with his layout people.

Mr. Samuelson said that they have done two things to prevent this from happening again. Now when there is an irregular lot, they verify the layout of the lot. The second thing is that they have shifted the garage over, bringing the side of the house in about four feet.

The new development in the area of Concord Farm North will have wider lots. Mr. Samuelson said they were inundated with sales and they couldn't change the plan once the houses had been sold. Mr. Samuelson said they did not realize that the house design would be that successful.

He said there are only three more lots and one has a variance already granted. He told Mr. Applegate he would be willing to put his newly designed home on the lot, even the lot with the variance already granted.

Mr. Applegate said they knew some size problems could occur and actually made the development drop one lot so the remaining ones would be wider.

Mr. Samuelson said he didn't have a choice on this building but they would try to avoid these variance requests in the future.
Mr. Applegate said the lots were originally laid out for two other builders that were to build doubles. When those were not selling, JZ Homes was created to come up with a product that would sell. Mr. Applegate explained that they had come up with a product that sold but they were not designed as well to fit on the existing lots.
Mr. Applegate said they have tried to satisfy the city's desire for size requirements and for a product that looks nice. The original square footage requirement was for 900 feet per half and now it is 1,000 square feet per half.

Mr. Samuelson said the had a new, unproven design that they would be trying in the new development. He said he was aware that there were some complaints that too many homes were looking the same. He said they would vary the color of the brick, and use different colors of the siding.

Mr. Marsh said that with the assurances that Mr. Samuelson had given them, he moved that the variance be granted on lot 199 and lot 200.
Mr. Packard seconded the motion. All concurred and the variance was granted.

3. 99-06 - Variance request from JZ Homes for Lot 209/210, 107 and 109 Brumbaugh Court, from JZ Homes. They need 1.7 foot side yard variance for lot 209 and 2.11 foot side yard variance for lot 210.

These units are sold but not started. Mr. Applegate said he would prefer not to "crunch" the garage. They felt that curb appeal would be better on a wider structure.

Mr. Marsh moved that they grant the variance for 99-06. Mr. Packard seconded the motion. All concurred and the variance was granted.

4. Mr. Shields moved that the meeting be adjourned. Mr. Marsh seconded the motion. All concurred and the board of zoning appeals meeting was adjourned.

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