Union City Planning Commission and Board of Zoning Appeals Meeting Minutes   Fourth Quarter 2004   October 20, 2004, Meeting Minutes November 9, 2004, Meeting Minutes December 14, 2004, Meeting Minutes       October 20, 2004 PLANNING COMMISSION MEETING Members Present: Dale Shields Robert Packard Lawrence Beyer Lynne Thomas Roth Glynn Marsh   City Staff Members Present: John Applegate Denise Winemiller   Mr. Shields called the planning commission meeting to order. Attendance was taken and all of the planning commission members were present. 1. Mr. Shields asked if there were any additions or corrections on the minutes from the September 14, 2004 meeting. There were no changes so Mr. Marsh moved that the minutes be approved. Mr. Beyer seconded the motion. Mr. Shields abstained, the other planning commission members voted for the motion and the minutes were accepted. 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. Mr. Applegate said if they would look at the map, this land is directly across from the entrance of Stoney Crest Road on Old Springfield Road. There is a piece of property east of the intersection of Old Springfield and Frederick. Oberer Development has an opportunity to purchase this property. Planning Commission October 20, 2004 page 2 Mr. Oberer had a presentation to show the planning commission members. This re-zoning request is for an 148 acre tract. Originally, they had not been able to acquire the Sortman property that they wanted and since that was now available, they have decided to look again at developing the area since it is a very important intersection. They wanted to be consistent with the street scape and blend this area with Stoney Crest. Oberer Development wants to develop a self contained community with mixed use, with residential and some office space and retail development. They wanted to also have walking trails which would tie into Stoney Crest also. They are looking at R-3, single family, R-4, single family and allows doubles, R-5, a combination of single family, doubles, and multi-family and C-1, commercial. Mr. Oberer said the existing zoning, R-PUD and R-2 would not allow commercial or multi density housing. Mr. Oberer said this would be smaller lots and was a concept that would allow homes with smaller yards, and offer maintenance services, like grass cutting, snow removal, fertilization, etc. The homes will be designed as a maintenance free product. Oberer has a similar development at Yankee Trace Golf Course and it is very successful. They can get a contract to mow the entire neighborhood and they would have a home owner's association. Mr. Oberer said they are building homes for empty nesters down in Washington Township. They have multiple floor plans and some have up to four units attached. Mr. Applegate asked if Oberer would offer to do all the maintenance until the home owner's association takes over. Mr. Oberer said they would set it up as a business unit that would manage the development up until they had enough homes to turn it over to the homeowner's association. The new plan tries to save some of the tree lines and Mr. Oberer said the plan was more environmentally friendly and would be more pleasing to the home owners. They are planning a nice entry way with some extra features, greenery, etc. There are also very few cul-de-sacs which should mean easier maintenance for Union. Another topic that Mr. Oberer had discussed was that they could include a swimming pool if the city was interested. It would be something that the home owner's association would manage. Mr. Beyer said they had a private pool in Irongate Estates. The commission discussed having water park but Mr. Beyer said it could become a free park for the city and people outside the city, even though it was paid for by the home owner's association. Mr. Oberer said they have a similar facility and they have posted that it is private and they keep it locked. Mr. Oberer said they have not had problems with people using the facility. Mr. Marsh asked if the property to the east was in the city now and Mr. Applegate said it was. The zoning for land surrounding the area is R-4, the north part is R-3, and the area south is zoned Light Industry. Mr. Marsh said he saw no break out for connecting roads He also acknowledged that some of the area because of the topography, could not have any development. Mr. Oberer said this was very conceptual and they would be coming back to the city with a more detailed plan. The homes planned would typically be brick fronts but Mr. Oberer said they were willing to have whatever the city preferred. There are some newer products out now that look very good. Mr. Oberer asked if they had any questions. Mr. Beyer asked how small the homes and lots would be. They are considering 55-60 foot lots for the empty nesters and 65-70 foot for the medium density lots. Mr. Applegate said with the smaller lots, the homes should be brick or stone so they would have a better appearance. The planning commission talked about some of the proposed homes and they were 2100 square feet. The product range would be 1400 square foot and could include a master bedroom, finished bonus room in the attic, etc. That is the Jefferson Planning Commission model and with a Florida room optional, it would be 2300 square foot. Mr. Beyer said the 65 foot lots seems small. Mr. Oberer said they would want the lots deeper so they can offer the four bedroom house. Mr. Applegate said R-PUD is 65 x 100 square foot lots with 20 percent being 75 x 100. Oberer Development would like one portion of the lot as commercial. If they would change their mind, they could come back later and change it back to residential. Mr. Applegate said that property at the intersection lends itself as a commercial property. Mr. Marsh said he had no problem with a commercial area within the property development. He said he was bothered by the R-5 zoning in looking at what would be allowed. For multiple family units like the quads, the square footage could go down to 650 square feet for an efficiency home. He said with the appearance of Stoney Crest, he was not for small units going in there. Mr. Applegate asked what they envisioned when they say multi-family homes. Mr. Oberer said he was considering townhouses and a mixture of products. Mr. Applegate said that this would allow apartment buildings which would have no garages. Mr. Marsh said that was the part of the concept that bothered him by permitting that. Mr. Applegate said he felt commercial structures on the ground level and apartments above would not appeal to residents. Mr. Oberer said he did not believe that those kind of units would work. He said that when they stipulate multi-family concepts, they would have to stipulate a minimum number of square feet, two bedrooms, etc. Mr. Beyer said he thought people that retire would want less yard but would still want larger homes and three car garages. Mr. Oberer showed one elevation where the garage creates a court yard effect with a three car garage. Mr. Applegate asked if they were looking at something like their Gold Key apartments. Mr. Marsh said with R-5 zoning, they could put 18 units in a row. He said he would object to anything more than four units or small units even though it would be permitted in the R-5 zoning. Mr. Applegate said that they would need to think about that, in case of another developer came in or the development did not get built out. They talked about restrictions like no more than two stories, or not to exceed six units or a minimum square footage requirement on the living area. Mr. Oberer said they were planning a pin wheel design with court yards or sun rooms and still had garages. The living areas face a court yard area. Mr. Applegate said they would need to give this matter some thought. He suggested that Oberer Development come back in three weeks for the next planning commission meeting so they can talk again before making a recommendation to the council. Mr. Oberer said that a multi family area will become more attractive as more people move in the area. Mr. Marsh said the four to six unit buildings can be quite attractive and blend in with the area. Mr. Oberer said they could have a conditional approval for R-5 with certain restrictions. Mr. Applegate said whatever is approved for R-5 zoning is what is stipulated and what can be enforced for the zoning. Mr. Marsh asked if there was other R-5 zoning in the city. Mr. Applegate said there is a small parcel, a couple of acres, where he lives, that is developed. The other property is Union Terminal. Mrs. Thomas asked what they expected in the commercial area. Mr. Oberer said they would like a small grocery store or convenience store. They could also have CPA, attorney, dentist office, etc. There was a discussion about if residential properties are allowed in commercial districts. That occurs only if it was pre-existing. New business offices with apartments above would not be permitted. Mr. Oberer said that usually would only occur in urban areas where housing was very expensive. Mr. Applegate said he was not opposed to that because some of the existing business were made viable because they were able to rent out apartments in the space above. Mr. Applegate said if it would get the buildings the city wanted built, he would not be opposed to have that situation considered as a conditional use but for now, residential dwellings would not be allowed in commercial districts. Mr. Marsh moved that 04-14 be tabled until the next meeting. Mr. Beyer seconded the motion. All concurred and 04-14 was tabled. 3. Open Agenda Mr. Marsh asked about 04-13, Sheets Street, which had been tabled from the last meeting. Mr. Applegate said they have tried to call the resident, Helen Oberer. The engineer had not picked up the applications. Mr. Applegate suggested they table this to the next meeting and they would contact Ms. Oberer. Mr. Marsh moved that they table 04-13 until the November meeting. Mr. Beyer seconded the motion. All concurred and the motion was passed. 4. Mr. Beyer moved that the meeting be adjourned. Mr. Shields seconded the motion. All concurred and the meeting was adjourned. Back to top of page.   November 9, 2004 PLANNING COMMISSION MEETING Members Present: Dale Shields Robert Packard Lynne Thomas Roth Glynn Marsh   City Staff Members Present: John Applegate Denise Winemiller The Planning Commission meeting was called to order on November 9, 2004. Attendance was taken and Mr. Beyer was absent from the meeting. 1. Mr. Shields asked if there were any corrections or additions on the minutes from the October 20, 2004 meeting. There were none so Mr. Marsh moved that the minutes be accepted as prepared. The motion was seconded by Mrs. Thomas-Roth. All concurred and the minutes were accepted as prepared. 2. 04-13 - Application for subdivision located on Sheets Street, requested by John and Helen Oberer. Mr. Applegate said that parcel 1 would be sold to Eric Didier and would be attached to his property. Parcel 2 and 3 would be building lots, and parcel 5 would remain with the Oberer property. There is a twenty foot access to the two back lots, and parcel 4 is being reconfigured. Mr. Applegate said this subdivision complies with the R-3 zoning. Water and sewer laterals will be run back to those properties and that would all be considered as private. Even if lot 5 was further divided, the existing house would still meet the side yard requirement. Mr. Marsh commented that it would be their responsibility to run the water lines back. Mrs. Oberer said it would be their responsibility or the builder's. Right now, Didier's lot, parcel 1, is the only one that Oberer's have sold. Mr. Packard moved that the application for the subdivision be approved. Mr. Shields seconded the motion. All concurred and the subdivision was approved. 3. 04-14 - Application for a change of zoning district requested by Oberer Development for 148.98 acres located on Old Springfield Road and Frederick Road. Proposed change is from R-PUD and R-3 to R-4, R-5, and C-1. Mr. Packard said they had a lot of questions the last time this proposal was discussed and he asked if Oberer had gotten back to the city with any changes. Mr. Applegate said he had talked to them concerning the R-5 zoning. Mr. Applegate said that he had discussed things with the law director and Woolpert Engineering. He said there are several ways that the city can guarantee certain square footage, etc. on the property if the developer would agree. The first way would be to use R-PUD zoning. That zoning used to be considered mixed use and includes a greater variety of what could be done. R-PUD zoning has varied set back lines, all sizes of buildings, etc. and creates a concept plan that would have to be approved. Once approved, the development would have to be built according to the approved plan. Mr. Applegate commented that was the way Concord North and West had been done. Any changes wanted by the developer would have to go back through the planning commission. The second way would be to create a mixed use zoning, which would be like an overlay and would be similar to an R-PUD. It could be single family, multi-family, or commercial. The third way would be to create plat restrictions, and Mr. Applegate emphasized that plat restrictions are different from plat covenants. The restrictions would be filed with the plat and could be enforced by the city, unlike covenants. Even if the property was sold, the restrictions would run with the deed. The city would have recourse by taking owners to court and making them comply with the restrictions filed with the plat. Mr. Applegate read from the Union codified ordinances, Chapter 1101.04 CONFORMITY WITH LAND USE PLAN; COMPATIBILITY WITH LAND.(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 development could have minimums for house and lot sizes but there are no restrictions that homes can not be built larger than the minimum. Mr. Applegate said those are the three ways of doing this proposed zoning. The city can do what they want and it can be enforced. Mr. Marsh said using the deed restriction would be quickest and more detailed. Mr. Applegate said that the buildings on Main Street, in Union and Clayton, when those houses were built there was a deed restriction that the houses can not be torn down to build a commercial building. Commercial structures could be built in the rear of the lot but the house can not be torn down to be replaced with a commercial structure or converted to a commercial structure. Mr. Applegate said he had checked that with Joe Moore, the Law director who thought that deed restrictions would work for the proposed development. Even if the properties would sell, the deed restriction would still be in place. Mr. Marsh asked if the surrounding properties would agree to allow the deed restriction to be changed if that would be possible. Mr. Applegate said the deed restriction could not be changed for any reason unless that situation to allow change was included in the deed restriction. Mr. Applegate said he would advise Mr. Oberer of this discussion. The planning commission's concerns were about the R-5 zoning and that the seller would need to take the responsibility of getting the deed restriction put onto the deed. Mr. Marsh said he would like to see more detailed plans. Mr. Packard moved that this development plan, 04-14, be tabled. Mr. Shields seconded the motion. All concurred and the development proposal was tabled. 4. Open Agenda Mr. Marsh asked if Brighten Homes was leaving from Concord Meadows and Mr. Applegate said that was correct. They had one more lot and then they were leaving. 5. Mr. Packard moved that the planning commission be adjourned. Mr. Shields seconded the motion. All concurred and the planning commission meeting was adjourned. Back to top of page.   December 14, 2004 PLANNING COMMISSION MEETING Members Present: Dale Shields Robert Packard Lawrence Beyer Glynn Marsh   City Staff Members Present: John Applegate Denise Winemiller   The Planning Commission meeting was called to order on December 14, 2004. Attendance was taken and Mrs. Thomas-Roth was absent from the meeting. 1. Mr. Shields asked if there were any additions or corrections to the minutes of the November 9, 2004 planning commission meeting. There were no corrections so Mr. Marsh moved that the minutes be accepted as prepared. Mayor Packard seconded the motion. Mr. Beyer abstained, Mr. Shields, Mr. Marsh, and Mayor Packard voted for the motion so the minutes from the November 9, 2004 meeting were accepted as prepared. 2. 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 said several of the residents in that area have talked to him about changing zoning. Commercial-residential zoning requires a minimum of five acres. Mr. Applegate said the Bowman property was located there and had been used as a commercial business in the past. The land is located at the south east and south west corner of Old Springfield and Phillipsburg-Union Roads. Since it is a major intersection, the city initiated the zoning because the changes would tie into the city's mixed use plan. An attorney representing the residents contacted the city. The realtor for McMillan's has also contacted the city. If they wanted to do a zoning change, they would need at least a five acre tract. Mayor Packard asked what the people on Phillipsburg-Union Road thought about it and Mr. Applegate said that was something that would be discovered during the public hearing. He said that the realtor working for McMillan was talking to the land owners in the area. Mr. Marsh asked about the zoning for the house on the north-east corner. Mr. Applegate said when annexed, it was left as A-R. They discussed the lot sizes. Immediately after the site of the house on one corner, the terrain drops and there is not much level ground. There is 4.01 acres on one side and .9 on the other side of the creek. Mr. Beyer said even if it was all zoned commercial, there was not much room. Mr. Applegate said the Bowman building has been used as a non-conforming use over the years. The zoning was changed back in 1973. At one time, that area was commercial. The McMillan house has been added on several times. Mr. Applegate said that Mrs. McMillan's was talking with someone who was interested in the site. Mr. Marsh asked who initiated the packet of information and Mr. Applegate said it was Mrs. McMillan. Mr. Applegate said other people had contacted him, like Mr. Bever who is on the other side of Phillipsburg-Union Road. He would also like his property to be zoned commercial. Mr. Applegate said he was then approached by McMillan's attorney and Mr. Applegate said he would be willing to check into the matter after the first of the year. Mr. Marsh said he would like to physically look at the properties and at what could be done. He said he did not feel that the need was pressing for an immediate answer. He said he would prefer not to take any action at this time. Mr. Marsh moved to table 04-16 on the proposed zoning change on Old Springfield and Phillipsburg-Union Road. Mayor Packard seconded the motion. All concurred and 04-16 was tabled until the next meeting. 3. Open Agenda Mr. Marsh said he wanted to comment on Mr. Dillon's presentation from the council meeting on December 13. Mr. Marsh said he thought Mr. Dillon would be the land developer and the builder. Now, he understands that Mr. Dillon will be selling lots. He also thought that Mr. Dillon would be running the sanitary sewer up to the property at his expense. After listening to him at the meeting, he thought Mr. Dillon was saying it would be city operated and they would add the cost of the sanitary sewer lines to the tap in fees and the city would collect that. Mayor Packard said that eventually, the sewer would have to be brought up to that area anyway. Mr. Applegate said that was correct. It is in the city plans to make that connection within the next two years, but he hoped that the land would be developed so the city would not have to bear the entire cost of installing the sewer line. Mr. Applegate said the city can be asked to collect the money and they are doing that for Irongate Estates, if the developer is willing to install the oversize lines. The money is only collected on the lots that are sold within the subdivision. Mr. Dillon is also getting requests from builders that have worked in the city and are interested in building the 2,000 square foot homes. Mr. Applegate said these are builders who build nice homes in the city. Mr. Applegate said that in the event that the developer would fail, the land would still be zoned for R-2 which would only allow specific size single family attached and detached homes and the building of that size home would increase the property values in the core part of the community. Mr. Beyer said that the council would determine what happens now with the zoning but Mr. Dillon would have to come back to the planning commission with his preliminary plan for the development. Mr. Applegate said everyone that has looked at the property has wanted R-3 or R-4 zoning and the public will never go for R-4. Mr. Applegate said this is the city's chance to get the property developed and the sewer installed. Mr. Applegate said he was anxious to see how the development would progress. 4. Mayor Packard moved that the planning commission meeting be adjourned. Mr. Marsh seconded the motion. All concurred and the planning commission meeting was adjourned. Back to top of page.   BOARD OF ZONING APPEALS MEETING Members Present: Dale Shields Glynn Marsh Mayor Packard Lawrence Beyer   City Staff Members Present: John Applegate Denise Winemiller   Mr. Shields called the December 14, 2004 Board of Zoning Appeals meeting to order. Attendance was taken and Mrs. Thomas-Roth was absent. 1. Mr. Shields asked if there were any additions or corrections to the minutes of the September 14, 2004 meeting. There were no changes so Mr. Marsh moved that the minutes be approved. Mr. Beyer seconded the motion. Mr. Shields abstained, the other members voted for the motion and the minutes were accepted as prepared. 2. 04-15 - Application for a zoning variance in the side yard requirement and front yard set back requirement for 160 Concord Farm Road, requested by J. Michael Joly. Mr. Applegate said Mr. Joly was asking for a variance, as stated. The lot currently has an existing house built on it. Mr. Beyer moved that the application for a zoning variance be granted for 160 Concord Farm Road. Mr. Marsh seconded the motion. All concurred and the motion was passed. The variance was granted. 3. 04-17 - Application for a zoning variance in the side yard requirement for 102 Williams Way, Lot 41, Lindeman Commons, requested by Jeff Testerman, of TesCon. Mr. Applegate said that as the application states, Mr. Testerman needs a one foot variance on the east side to build the house planned for Lot 41. Mr. Beyer moved that the application for a zoning variance in the side yard requirement for 102 Williams Way be granted. Mr. Shields seconded the motion. All concurred and the motion was passed. The variance was granted. 4. Open Agenda There was nothing for the open agenda. 5. Mr. Shields moved that the Board of Zoning Appeals meeting be adjourned. Mr. Beyer seconded the motion. All concurred and the meeting was adjourned. Back to top of page.