Union City Planning Commission and Board of Zoning Appeals Meeting Minutes   Fourth Quarter 2002   October 2, 2002, Meeting Minutes October 8, 2002, Meeting Minutes     October 2, 2002 PLANNING COMMISSION WORKSHOP MEETING Members Present: Glynn Marsh Lynn Thomas-Roth Lawrence Beyer Robert Packard City Staff Members Present: John Applegate Denise Winemiller   Mrs. Thomas-Roth called the work shop meeting to order and attendance was taken. Mr. Shields was absent from the meeting. 1. DISCUSSION OF REZONING FOR THE CUMMINGS PROPERTY LOCATED EAST OF THE RIVER. Mr. Applegate indicated the parcel on the map, located off of Frederick Road, known as the Cummings property, south of Stoney Crest. Some of the property owners had attended a meeting earlier expressing their interest in rezoning. One of the property owners that did not attend was Sue Cummings. Since that time, Oberer Development now has an option to purchase her property. The developer is interested in R-PUD zoning instead of the R-3 zoning which was approved for Stoney Crest development. Mark Locke from Oberer Development was present. He stated that they had an option for Phil Mote's property which was nine acres, and the Cummings property which is sixty-seven acres for a total of approximately seventy-six acres. He indicated that there were several challenges to building on the site, as shown on the topographical map. There are two streams with natural springs and wet land areas. The R-PUD zoning would allow for cluster homes so they would not have to eliminate those features. Approximately four or five acres, or five to ten percent of the site would be affected by the streams. Other lots would be difficult just because of the topography, except if they would be left as green space. R-PUD would allow for cluster homes, different lot sizes, and would help save the trees. Mr. Locke said they would continue with the same kind of fence that was used in the Stoney Crest development and plan an entry way from Frederick Pike. Mayor Packard asked why they would want to tie the R-PUD zoning across the street from the Stoney Crest Development. Mr. Locke said it was because of the unique topography of the property and the R-PUD zoning would give a variety of housing selections, and more flexibility in the layout. Mayor Packard also asked what they discussed with Sue Cummings. Mr. Applegate said he had not met with Ms. Cummings. If they would choose R-3 zoning, the entire property would need to be leveled. If they go with the R-PUD zoning, they may be able to retain some of the natural woods, ravines, etc. Otherwise, the entire property would need to be leveled. Mr. Applegate said that originally Ms. Cummings had not planned to sell the property but that has changed. The property is a unique site and if they want to save the natural terrain, they would need to rezone the area. Mr. George Oberer Jr. said that to keep consistent lots sizes and set backs that are required in the R-3 zoning would be very confining and it would be hard to save the unique features of the property. If the streets are allowed to follow the natural contours of the land, the developer would not have to remove a considerable amount of dirt. The curved streets are more interesting and there would be cul-de-sacs which are what buyers want. Set backs can be staggered, there are no rear yard requirements and there is much more flexibility in the zoning. Mrs. Thomas-Roth asked what size homes were planned. Mr. Oberer Jr. said the Union zoning code required 1400 square feet. They will be planning all single family homes. They houses will be larger as the market demands. Mr. Applegate said there is no side or rear lot requirements in R-PUD zoning. Mr. Applegate said he would not like to see an area that would not have vehicle access to the rear yard so he would suggest at least an eight foot minimum side yard. Mr. Beyer asked if they had anything to show what the cluster homes would be like. Mr. Oberer said he may have used the term incorrectly, he just meant that they could have some of the homes closer together. Mr. Beyer said he would like to see their plan to see if it was different from across the street in the development that Oberer is doing. Mr. Applegate said the lot size would be a minimum seventy feet wide and he did not want to see a reduction of lot size. Mr. Oberer said he had brought some plans and elevations for the commission to see. He said they would plan on putting more money in the quality of the house rather than in a larger lot. He thought this would be an opportunity to do that in this development. Mr. Oberer said they had a development called Fawn Ridge in Fairborn that is similar to what they plan on doing. It is a continuation of the American Dream series of homes that are built off of Wenger Road. Mr. Applegate asked for directions to the development in case the planning commission members wanted to check out the appearance of Fawn Ridge. Mr. Applegate said they were considering raising the square footage of homes to 1600 square feet. Mr. Oberer said he hoped that they would reconsider that. He said it would raise the entry level of the homes by at least $15,000. He said it was costing roughly $100.00 a square foot for building, and it would be like adding on an extra room to a house. He added that it would limit their wide range of products. He said he would offer that maybe only twenty percent of the homes built would be less than 1600 square feet. He said sometimes builders start limiting the cost of materials in homes to keep overall cost of the home down, like instead of using an oak cabinet, they might use a Formica cabinet. Mr. Marsh asked if they would all be single family homes and Mr. Oberer said yes. Mr. Applegate said they have a public hearing in two weeks on the 640 acre annexation. If the planning commission wants to allow the area to be zoned R-PUD, that zoning district needs to be added to the letter to be sent to the surrounding residents. Mr. Oberer offered to submit a letter or include in the covenants that they would not be building doubles, only single family homes. Mr. Marsh was concerned that if Oberer Development would not develop the land, and another builder would purchase it, they might have a different concept of the development. If so, the city could change the zoning. Mr. Beyer said he would like to have a letter from Oberer Development on file. The letter would state no more than twenty percent of homes would be less than 1600 square feet, no duplexes, and that the purpose of the R-PUD zoning was not to alter the house size but to allow flexibility in the lot size and side and rear yard requirements and to try to preserve the natural topography, and a commitment that if they would not go forward with purchasing the property, they would notify the city manager immediately. Mr. Beyer moved that the planning commission direct the city manager to add R-PUD zoning to the October 15 public hearing on the property across the river contingent to the letter from Oberer Development. Mayor Packard seconded the motion. Mr. Marsh asked if the plans would come first to the planning commission for approval and Mr. Applegate said they would. All concurred and the motion was passed. Mr. Applegate said they had a sign request for Stoney Crest. Mr. Oberer said Mrs. Winemiller had contacted him and requested the details on the sign. They want four signs, two at each entrance, and the signs will match the fence that is already there. 2. Mr. Beyer moved that the workshop meeting be adjourned. Mr. Marsh seconded the motion. All concurred and the meeting was adjourned. Back to top of page.    October 8, 2002 PLANNING COMMISSION MEETING   Members Present: Glynn Marsh Dale Shields Lawrence Beyer Robert Packard City Staff Members Present: John Applegate Denise Winemiller Mr. Shields called the meeting to order. Attendance was taken and Mrs. Thomas-Roth was absent. 1. Mr. Shields asked if there were any corrections or additions to the minutes of the September 10, 2002 meeting. Mr. Marsh questioned a portion of the minutes about the brick going up to the soffits. Mr. Marsh thought that Mr. Musser said the brick would go to the square. Mr. Applegate suggested that they approve the minutes contingent upon reviewing the tape and possibly correcting that comment. Mr. Applegate also suggested that they acknowledge that it is the planning commission's understanding that the brick would be up to the square, which would be the soffits, front and back, but not the gables on the side of the house. Mayor Packard moved that the September 10, 2002 minutes for the planning commission meeting be approved, with the possible correction of the comment concerning the brick in Mill Ridge Village. Mr. Beyer seconded the motion. Mr. Shields abstained, the other planning commission members voted for the motion and the minutes were accepted as prepared. 2. Mr. Shields then asked if there were any corrections or additions to the minutes of October 2, 2002 work shop meeting. There were none so Mr. Beyer moved that those minutes be approved. Mr. Shields abstained, the other planning commission members voted for the minutes and the October 2, 2002 minutes were accepted as prepared. 3. 02-13 - Final discussion and decision of square foot requirement for Mill Ridge. The representatives from Mill Ridge were not present but Mr. Beyer suggested the planning commission make their decision and then send a letter to Mill Ridge Village. Mr. Marsh moved that they propose to Mill Ridge Village, the following: that their two family residences, (doubles) be a minimum of 1100 square feet per unit, with a single car garage allowed with the stipulation that the garages be in the middle of the building, joined together for a two car garage appearance, and for single family units the city would require a minimum of 1300 square feet or greater, with two car garages, all brick up to the soffits on all units, with the 1100 square foot doubles not to exceed twenty-five percent of the total housing units proposed (doubles greater than 1100 square feet would be permitted), and that the motion would be contingent upon the legal review by the city law director and staff to determine the legality of the proposed zoning that the city wants to have, and that they request that the zoning be made on the order of a retirement community PUD (planned unit development) - or words to that effect to maintain the character of this property as a retirement community, and a proposed addition of an assisted living facility be permitted consisting of a one story building of twenty units and a two story building of twenty independent units and that the units in the assisted living building shall not count towards the total number of units for the purpose of the percentage of doubles. Mr. Beyer seconded the motion. All concurred and the motion was passed. There was a discussion concerning if a new zoning district would be required or if this development would fall under R-PUD-1. Mr. Applegate said the 1100 square feet was indicated in the R-PUD-1 zoning but it was determined that it would require a two car garage. Mr. Applegate said they could change the square footage of R-PUD-1 from 1400 to 1300 and that twenty-five percent of the doubles could be single car garages and that R-PUD-1 could only be used for a retirement community. Mr. Marsh thought a letter should still be sent to Mill Ridge Village. Mr. Applegate said they would still need to address the assisted living and independent living building and he suggested it be handled as a conditional use. Mr. Marsh asked if the city would still be protected if Mill Ridge would sell out. Mr. Applegate said they would make R-PUD-1 a retirement zoning, or a retirement community concept and that would be in the general purpose statement. 4. Mayor Packard moved that the planning commission meeting be adjourned. Mr. Beyer seconded the motion. All concurred and the meeting was adjourned. Back to top of page.