Union City Planning Commission and Board of Zoning Appeals Meeting Minutes
 
Third Quarter 2004
 
August 10, 2004, Meeting Minutes
September 14, 2004, Meeting Minutes
 

August 10, 2004

PLANNING COMMISSION MEETING

Members Present:

Glynn Marsh

Robert Packard

Larry Beyer

Lynne Thomas Roth

City Staff Members Present:

John Applegate

Denise Winemiller

 

Mrs. Thomas-Roth called the Planning Commission meeting to order. Attendance was taken and Mr. Shields was absent.

1. Mrs. Thomas-Roth asked if there were any comments or corrections from the minutes of the May 11, 2004 meeting. There were none so Mr. Marsh moved that the minutes be accepted as prepared, subject to further review. Mr. Beyer seconded the motion. All concurred and the minutes were approved.

2. 04-11 Application for change of zoning district from Debbie Hartman-Hews in conjunction with Dillon and Sons Construction, Inc. for property on the south side of Phillipsburg-Union Road west of State Route 48. Proposed zoning change is from Agricultural-Residential (A-R) to Residential - 4 (R-4).

Mr. Applegate said this is the area known as the Hartman property. Mr. Applegate showed the planning commission the proposed layout. The zoning request is for R-4 but the layout shows R-2 zoning lots. They are looking at single family lots and doubles. The lots on the west property will be duplexes and other lots will have two story single family homes. Lots 29 to 35, and 45 to 54, would be duplexes. They hope to attract retired persons, baby-boomers that are retiring early, etc. They are considering $140,000 to $160,000 for each side. They have decided not to use any vinyl siding. They will have two car garages. Various home plans were distributed for the planning commission to look at.
They are planning 45 single family homes and thirty duplexes. The lots for the doubles are too large and would have to be redrawn. The drawing currently shows all single family lots. One of the lots may be lost when they change the dimensions.

Mr. Dillon was discussing how to make the development cost effective to purchase the land and run the water and sewer lines. By increasing the number of lots adding duplexes and the additional tap in fees will make it cost effective. Mr. Dillon said they will keep the duplexes to the back of the property. They will also have a private park maintained by a homeowner's association.

Before the public hearing, Mr. Applegate suggested that they get a Mylar or corrected drawing on the development. Mrs. Winemiller suggested they find out how it would affect the schools. Mr. Applegate said he thought there might be an objection to having only one entrance into the subdivision and tying into Worman Drive. Mr. Applegate said they would need two ways in and out.
Mr. Marsh said they would need to have spelled out very clearly that the park would need to be maintained by a homeowner's association.

Mr. Applegate said they will have the public hearing date established at the next council meeting on September 14, 2004.
Mayor Packard moved that the application for a change of zoning district be forwarded to the council. Mrs. Thomas-Roth seconded the motion. All concurred and the application for a change of zoning district was approved.

Mr. Applegate said they needed to amend the agenda to include Van Con Contractors.

Mr. Beyer moved that the agenda be amended to include Van Con, general contractor. Mayor Packard seconded the motion. All concurred and the agenda was amended.

3. Mr. Applegate introduced Jack A. Moorman and Sean Olson, owners of Van Con in Brookville. Mr. Applegate said they wished to have a preliminary discussion on a piece of property that is at the entrance to Union on State Route 48. It is known at the Mishler property. Since part of the property is in Union and part in Clayton, they have a concept about the property which is commercial in Union and residential in Clayton. They are talking about building a small commercial structure and townhouses overlooking the valley.

They currently have a sixty day option on the property. They think overlooking the valley should be very appealing. They were concerned with the utilities and that the property is in both entities. They would like Union to annex the entire property and have commercial in front and residential in the back.
Mr. Beyer said that since it was in the city of Clayton, they could not annex it - Clayton would have to give it up. Mr. Applegate said once the planning commission was satisfied with the concept, the city would work to have the property come into Union.
There was a discussion on if utilities would be available.
Mr. Marsh asked what kind of commercial facility they were considering.
Mr. Olsen answered professional buildings. They are thinking of a business like an accountant, a professional building with a small requirement for space and parking.
They said they were looking at capitalizing on the natural features of the land. Mr. Marsh said he didn't want to see a lot of asphalt and a massive building coming into Union since it is the entrance into the city.

They said they just wanted to discuss some things with the planning commission and make sure there was no opposition.
Mr. Marsh asked what percentage of the property was in Union. Two acres are in Union and three acres are in Clayton.
Mr. Applegate said people in that neighborhood are concerned about what will occur in that area. They are afraid of a fast food restaurant, etc.
Mr. Applegate said they would need to modify the zoning and come up with a mixed use zoning.
Mr. Applegate said do we want to have them continue on? Mr. Marsh said yes. Mr. Applegate said he will get with Dave Rowlands, City Manager in Clayton.
The proposed condominiums will be nice. They are considering two story buildings, priced at $200,000 dollars, a half basement as a recreation room, a master suite on the first floor and a two car garage, and extra bedrooms on the 2nd floor. They are planning on pushing the $200,000 price tag so they have to have the buildings be very nice.
Van Con would not commit to keeping the property for themselves and they might sell it in the future.
The planning commission members suggested that they pursue their plans but Mr. Beyer warned them that they would not have everything clarified within the sixty day option.
If they can not obtain utilities, they probably will not pursue this.

Mr. Applegate said the city has approached Clayton and have not received a response.

Mr. Applegate reported that there is a developer looking at Rinehart Road and Sweet Potato where it goes through to Hoke. They looked at Don Huber's property and sewer lines that are to go through Mr. Huber's right of way.
Between Englewood, Clayton, and Union, they may eventually get Rinehart Road through. Mr. Applegate said they need fifty acres to get the rest of the line through. Mr. Applegate said he was considering going before the Clayton Council and make an official request for a boundary adjustment. Mr. Applegate said there are certain things that need to be done for the benefit of the area.
Mr. Applegate said they need to improve the road net work.

4. Open Agenda

Mr. Applegate said he would like to amend the current ordinance to allow the storage buildings to go to twelve feet in height. Union's code restricts to eleven feet in height. Most of the pre-built buildings are up to twelve feet. They have checked around and other cities are using twelve feet. The height is the only thing that is being considered for change.

Mr. Applegate reported that Union Springs is back on track. The streets are being widened and changing from private streets.

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

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September 14, 2004

PLANNING COMMISSION MEETING

Members Present:

Glynn Marsh

Robert Packard

Lawrence Beyer

Lynne Thomas Roth

City Staff Members Present:

John Applegate

Denise Winemiller

 

Mrs. Lynn Thomas-Roth called the planning commission to order. Attendance was taken and Mr. Shields was absent.

1. Mrs. Lynn Thomas-Roth asked if there were any corrections to the minutes from the planning commission meeting that was held on August 10, 2004. There were no corrections so Mr. Beyer moved that the minutes be accepted as prepared. Mr. Marsh seconded the motion. All concurred and the minutes were accepted.

2. 04-13 Request for approval of the preliminary plan for a subdivision on 2.9484 acres located on Sheets Street.

Mrs. Thomas-Roth said they had received a memo that they were expecting additional information. Mr. Applegate said they had not received anything else so he suggested they table this request.

Mr. Beyer moved that 04-13 be tabled until the next planning commission meeting. Mr. Marsh seconded the motion. All concurred and 04-13 was tabled.

3. Additional discussion on 04-11, application for a change of zoning district from Debbie Hartman-Hews in conjunction with Dillon and Sons Construction, Inc. for property on the south side of Phillipsburg-Union Road west of State Route 48. Mr. Applegate said they had discussed this at the last meeting, and had forwarded this to council to set a public hearing. They received a revised drawing but changes had been made and a cul-de-sac had been added Mr. Applegate suggested Mr. Dillon present it before the planning commission a second time. Mr. Applegate said with the change to the basic drawing, he didn't feel comfortable presenting it to the council without the planning commission seeing it again. He said he wanted them to have time to consider how to best handle the type of proposed subdivision. If the zoning would be changed to R-4, even though the lots shown are much bigger than allowed, someone else could purchase the property, and submit a development with smaller lots, complying with the R-4 zoning. He thought this plan presented would satisfy most of the neighbors in the area.
Mr. Applegate said they supplied the plans to the planning commission ahead of time and he had discussed the plan with Mr. Green, the Building/Zoning inspector. Mr. Applegate said as they looked at this, they realized that a builder would not be able to build a single family house on some of these lots. To make the subdivision work better, and in looking at the original plan, they moved and shortened lots from 200 to 160 feet, allowing the 35 foot set back per lot. They may still need a few variances on a few of the lots available. The R-2 zoning has a minimum of 2,000 square feet for single family homes.
Mr. Applegate said they were also concerned about the drainage systems. For the city to maintain this, because it is a major collection point for the city's storm water system to the west, they needed to maintain twenty feet on each side of the creek and to maintain existing vegetationMr. Applegate felt that the city needed to amend the code to include attached single family dwellings, which could only be two single family homes together, not doubles which would have one owner. He also suggested they amend the code to include attached living space of 1,500 feet each side. Mr. Dillon thought that the 1,500 square feet was larger than their target homes. He said all of the single family homes were over 2,000.
Mr. Marsh asked about the area by lot 24. Mr. Dillon said that was a common area. The area by lot 60 is an easement. The common areas will be maintained by the association. Mr. Applegate said they will require an easement through the back so the city has access to those lots.
The easement, with the exception of the creek, will be maintained by the homeowner's association. Mr. Applegate said the city had to keep control of the drainage system. Mr. Marsh said he did not want the city to have more land to mow. Mr. Applegate said the area would be left natural.

Mr. Applegate said the average size home built in Union was just a little over 2,000 square feet.
Mayor Packard asked about some of the lot widths in the cul-de-sacs. The ones that he asked about have been changed.
Mr. Marsh said he was concerned about narrow road frontage where cement drives joins with cement drives.
Mr. Marsh asked if this would all go to R-2 if the attached single family homes could be built anywhere in the project. Mr. Applegate said that was correct and the only problem that could occur is that if the original developer would go under and lose the property, then a new person could come in with a new plan with smaller lots and homes. Mr. Applegate said that is why they are considering allowing attached single family homes in R-2 zoning, maintaining the larger lot sizes and larger homes. The minimum square footage for double homes is 1,100/side in R-4 zoning.
Mr. Marsh asked if there were other R-2 areas that are not developed. Mr. Applegate said at this time, there is no other R-2 zoning.
Mr. Dillon said he has built homes in Centerville, on Alex-Bell and Bigger Roads. He has also built his own house and it is one of the plans that he will be using. He has built duplexes in Lexington Meadows.

Mr. Applegate said he would also have Richard Oaks, the city's traffic engineer take a look at the plan.

Mr. Dillon said they were considering doing a five year project in three phases. The total number of lots would be 74, and 14 lots would be doubled, 59 single family homes, so there will be 80 units.

Mr. Applegate said another problem is that the developer will need to run 1700 feet of sanitary sewer up Phillipsburg-Union Road.

Mr. Marsh asked if they should change R-2 zoning to allow the duplexes, and if they should present this to council under the R-2 zoning.
Mr. Beyer said it is council's decision and they would need to have a public hearing on both issues. Mr. Applegate said they would need to change the R-2 zoning first. There is no more R-1 and R-2 zoning in the city, and that zoning has the largest lots. Mr. Applegate said there is a market for larger lots and the city does not have that now.
Mr. Marsh said they need to specify the larger size and attached single family housing and does not permit doubles, with one owner. Mr. Marsh wanted to give their recommendation to the council, and the council could change it.
The zoning for R-4 is now 1,100 square feet. The planning commission decided on 1,500 square feet for the attached, single family homes. Single family in R-2 is now 2,000 square feet and that will remain the same. Mr. Beyer thought that people are preferring larger homes and he thought they should go at least 1,500 square feet. Mr. Marsh agreed.
Mr. Beyer moved that this go forward to the council that R-2 zoning be amended to allow attached single family homes, minimum size 1,500 square feet per side. Mayor Packard seconded the motion. All concurred and the motion was passed.

Mr. Beyer then moved to direct council to set a public hearing to change the zoning of the Hartman property to R-2 zoning. Mr. Packard seconded the motion. All concurred and the motion was passed.

Mr. Beyer said they should say a maximum of "two" attached single family homes to avoid triplex, quadraplex, etc. Mr. Applegate said the definition in zoning for "attached single family" is two.

Mr. Applegate said he was glad that Mr. Dillon made a decision to use brick for the attached single family homes.
Mr. Beyer wanted to amend the motion for the public hearing for the change in R-2 zoning to include attached, single family homes, no more than two attached single family, and the R-2 code to include brick wrap on all attached single family homes and the minimum square footage to be 1,500.
Mayor Packard seconded the motion. All concurred and the motion passed.

4. Open Agenda

Mr. Applegate said that they had received a call from a realtor, and they were looking for forty to sixty acres of ground, with woods, and rolling ground for a corporate headquarters. The city is sending them information.

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

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