- Union City Planning Commission
and Board of Zoning Appeals Meeting Minutes
- Fourth Quarter 2002
2, 2002, Meeting Minutes
8, 2002, Meeting Minutes
COMMISSION WORKSHOP MEETING
City Staff Members Present:
called the work shop meeting to order and attendance was taken.
Mr. Shields was absent from the meeting.
OF REZONING FOR THE CUMMINGS PROPERTY LOCATED EAST OF THE RIVER.
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.
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.
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
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
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
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.
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.
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.
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.
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October 8, 2002
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
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
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
3. 02-13 -
Final discussion and decision of square foot requirement for
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.
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
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.
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.
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.
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