Union City Planning Commission and Board of Zoning Appeals Meeting Minutes
 
Fourth Quarter 2006
 
October 17, 2006, Meeting Minutes
November 14, 2006, Meeting Minutes
 

October 17, 2006

 

PLANNING COMMISSION MEETING

 

Members Present:

Lynne Thomas-Roth

Glynn Marsh

Al Butler

Robert Packard

John Bruns

 

City Staff Members Present:

John Applegate

Denise Winemiller

 

Mrs. Thomas-Roth called the Planning Commission meeting to order.

Attendance was taken and all of the planning commission members were present.

Mrs. Thomas-Roth welcomed Mr. Bruns to the planning commission. She said she could speak for everyone that they were sad to have lost Mr. Hissong.

1. Mrs. Thomas-Roth asked if there were any additions or corrections from the minutes of the May 16, 2006 meeting. There were no corrections so Mayor Packard moved that the minutes be accepted as prepared. Mr. Marsh seconded the motion. Mr. Bruns abstained and the other planning commission members voted for the motion. The minutes were accepted as prepared.

2. 06-11 - Preliminary Plan application for "The Grove" from Oberer Development, located south of Stoney Crest Subdivision.

Mr. Applegate said he had received a call from Mr. Oberer that day and he asked the board to table this request. Mr. Applegate explained that a grant for funding from clean water funds had been submitted so Oberer was holding off until November or December. If they do not receive some of the funding, they may cut back on the acreage on what is being developed and that would change the lay out.

The preliminary plan application for 06-11 was tabled.

3. Open Agenda

Mr. Marsh asked about the status of Five Rivers Reserve. He said at the last meeting they stated they hoped to have the first house up by Thanksgiving. He asked if there was a problem that caused the delay. Mr. Applegate said the city had some questions on the final design and the developer also had to submit the plans for the water and sewer to the Ohio EPA. Mr. Applegate said they would not let them start until they had obtained their permits to install. Mr. Applegate said they had issued three building permits and had already inspected the footers for the new homes so the development is underway.

4. Mayor Packard moved that the Planning Commission meeting be adjourned. Mr. Marsh seconded the motion. All concurred and the meeting was adjourned.

 

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BOARD OF ZONING APPEALS MEETING

 

Members Present:

Lynne Thomas-Roth

Glynn Marsh

Al Butler

Robert Packard

John Bruns

 

City Staff Members Present:

John Applegate

Denise Winemiller

 

Mrs. Thomas-Roth called the Board of Zoning Appeals meeting to order. Attendance was taken and all of the board members were at the meeting.

1. Mrs. Thomas-Roth asked if there were any additions or corrections in the minutes from the May 16, 2006 meeting. There were no corrections so Mr. Marsh moved that the minutes be accepted as prepared. Mrs. Thomas-Roth seconded the motion. Mr. Bruns abstained and the other board members voted for the motion. The minutes were accepted as prepared.

2. 06-08 - Request for a variance from Rob Sanders, Universal Electric, 107 North Main Street for two less parking spaces. Mr. Applegate said this was actually at the request of the city staff. The site plan has been approved and the building is almost completed. A new retaining wall has been built and there has been some discussions and problems with the neighbor to the north. To resolve these problems, the city re-pinned the alley and there was a discrepancy from when it had been done during the State Route 48 project. The city chose to be the arbitrators to avoid problems with the residents. The retaining wall was needed to prevent erosion and the wall went through two of the parking spaces. Mr. Applegate said that the city has committed to fill the area in the back so he will eventually have more parking spaces. For now, they need to have this application for two less parking spaces approved. Mr. Applegate said they have studied the situation and this appears to be the best solution. The city will also be meeting with the neighbor and discuss what is being done. After a discussion, Mrs. Thomas-Roth moved that the variance for 107 North Main Street be approved. Mr. Butler seconded the motion. All concurred and the variance was granted.

3. 06-09 - Request for a variance from Roland K. Foreman, for 122 Magdalena Drive in the thirty foot building set back line. Mr. Applegate said that the newer plot plan indicates the actual location and a corner of the house protrudes into the building set back. The plot plan that was submitted to the city for the building permit shows that the house is in compliance. There was a difference between what was submitted and what was built. Mr. Applegate said the house was already built and the alternatives were for the Board of Zoning Appeals to grant a variance or the house would need to be torn down. Mr. Roland Foreman said he was the second owner of the house and did not know how the error occurred. Mrs. Thomas-Roth noted that it was only about a one foot discrepancy and she asked how this was discovered. Mr. Foreman said he was in the title insurance business and when a survey was done, it came up. Mr. Foreman said the house was purchased for his parents. His father has had a stroke and the house is set up to be handicapped accessible and he would like the house for his family. Mayor Packard moved that the variance for 122 Magdalena Drive be approved. Mrs. Thomas-Roth seconded the motion. All concurred and the variance was approved.

4. 06-10 - Request for a variance from Tescon, Inc. and Thomas Winemiller & Associates for 103 Margaret's Run Court in the thirty foot building set back line. Mr. Applegate said this variance request was for a house that had been built but was extending into the building set back line. Mr. Applegate referred the board to the plot plan on page 4. The next page shows the plot plan that was submitted for the building permit. Mr. Winemiller said they had staked the property for Mr. Testerman. The house was dug into rock so it must have been moved around. Mr. Winemiller said his employees said they had checked the set back. Mr. Winemiller said he had driven by the house on various occasions and the location of the home is not unsightly or noticeable due to the curve of the street. Mr. Applegate said the building inspector had not seen the discrepancy. Mr. Applegate said, just like the previous home discussed, the only remedy was to grant a variance or tear off the corner of the house. Mr. Winemiller said they stake roughly four hundred houses a year they have gone back to see how this mistake was made. Mr. Marsh said this was a situation that the house was placed incorrectly on the lot, not where the house was too big for the lot. Mr. Applegate said it was staff's recommendation to approve this variance. He said it is not a noticeable difference between the other homes. Mayor Packard moved that the variance be accepted. Mr. Butler seconded the motion. All concurred and the variance was approved.

5. Open Agenda

Mr. Applegate said that at the next meeting, they will have a conceptual plan for another residential development on the east side of the river, in Butler Township, north and south of Old Springfield and east of Frederick. There will be a presentation from the developers who are coming from Chicago.

6. Mayor Packard moved that the Board of Zoning Appeals meeting be adjourned. Mrs. Thomas-Roth seconded the motion. All concurred and the meeting was adjourned.

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November 14, 2006

PLANNING COMMISSION MEETING

 

Members Present:

Lynne Thomas-Roth

Glynn Marsh

Al Butler

Robert Packard

John Bruns

 

City Staff Members Present:

John Applegate

Denise Winemiller

 

Mrs. Thomas-Roth called the Planning Commission meeting to order. Attendance was taken and all of the planning commission members were present.

 

1. Mrs. Thomas-Roth asked if there were any additions or corrections from the minutes of the October 17, 2006 planning commission meeting. There were no corrections so Mayor Packard moved that the minutes be approved. Mrs. Thomas-Roth seconded the motion. All concurred and the planning commission minutes were accepted as prepared.

 

2. 06-12 - Presentation of conceptual plan of The Glen on Old Springfield. Mr. Applegate introduced Jim Ely, the real estate agent, Mr. Ron Jackson, the property owner, and Mike Carder, an engineer that the city is using for studies on the water system and potential new water tower. Richard Oaks the city's traffic engineer was present also. Jeffrey Hyman, the principal of LandTech Development Group introduced himself. He said his purpose was to present a plan for a 150 acre development. He said they were interested in building a community that people would have pride in. In the northern portion, there was a 12.3 acre site and they are planning 30 custom built homes, two and one half units per acre. South of that, eighty foot wide single family lots, three and one half units per acre. On the other side of Furnas, sixty five foot wide lots with three and one half units per acre. Going across Old Springfield would be a small area of duplexes with two units per building, five units per acre, with fifty-two units total. South of that would be an apartment development. There is a developer in the Midwest called Amli and they build two and three story apartments. They are higher end apartments. Mr. Hyman says they view these apartments as serving as an incubator, where people will come in, become familiar to the area, and then purchase a home. This would be an upscale housing community.

On the other side of the community, would be an area of forty acres of active adult housing. The houses would be for 55 years of age and older, age restrictive with no children and that would be a restriction placed on the deed. This community would be a mix of primarily detached and possibly some attached homes. They would be referred to as small, cottage homes, but Mr. Hyman said the square footage is not small. They would be 1900 to 2500 square feet per home with an optional second story. The density would be four units per acre. The price ranges for custom homes would be 475 to 500 thousand dollar range. The larger single family would be in the mid three hundred thousand dollar range, the smaller homes, mid to upper two hundred thousand dollar range, the duplexes in the one hundred eighty-five to two hundred fifteen thousand dollar range, the apartments between eight and nine hundred dollars rent for a two bedroom apartment which would be fifty percent of the apartments. They would have some one and three bedroom apartments.

There would be a large clubhouse which would only be for the people in the community, and a private pool. The entire community will have architectural controls and they plan on submitting their designs to Union for their input. They will govern building materials, sizes, use of the property, and want restrictions on no overnight parking, size of driveways, etc. They want the people to see the street scape when they come home, not cars parked in the driveways. They want to develop the property, bring in the water and sewer, and bring in utility stubs for the lots but Landtech is not planning on developing the housing sites except for the custom single family homes.

Mr. Hyman said this area had a country character that was intact and unspoiled, rolling country side, trees, etc. He said they chose this area over Washington and Sugarcreek Townships. The main entrance of the development would be on Old Springfield Road. They want to incorporate water features in the area. Throughout Glen Drive, there will be a homeowner's association controlled with parks and water scapes that will be visible along Glen drive. They also want walking paths with exercise stations to create socialization. There will also be turn about areas so the area does not become a raceway. This plan is conceptual and the engineering has not been completed. The homeowner's association will take care of the walkways, etc.

Mayor Packard asked if Mr. Applegate had looked at it. Mr. Applegate said they have looked at it, and have some notes and some items to clarify for when the zoning is changed, which is the next item on the agenda. Mr. Applegate mentioned a few different zoning codes that would be required based on the proposed housing. Mr. Hyman said garages will be recessed and side loaded. They would like some reduced set backs off the right of ways which is why they want cars not parked in the driveway. They want the street scape to be visible, not hidden behind cars. Mayor Packard asked about the traffic. Mr. Oaks said he had looked at it. He said with the amount of traffic that would be generated, he would not anticipate any problems. As they get more information, they may make some improvements such as the intersection with Old Springfield. Without the specific details, it would be hard to determine. Mr. Applegate said they have control such as turn lanes, storage lanes, etc. since those are within the corporation.

The other side is not within the city corporation line. Mr. Applegate said they had looked at the Comprehensive Land Plan and a proposed thoroughfare plan. There is no exit on the south end of the development for future development so that is something they will be looking at. That road extension is shown on the Comprehensive Land Plan. Mr. Oaks said they would not want to detract from the street scape and aesthetic of their plan but with the thoroughfare plan, they wanted to provide a path for residential traffic. He thought they should consider their thoroughfare plan and that it would be a good opportunity to have the residential traffic flow south. Mr. Hyman said they could envision some access to this area. Mr. Applegate said this was a conceptual plan and would be changed. He said what they were looking for tonight was if the planning commission felt at ease with what was being proposed for the city and the area east of the Stillwater. In talking with the landowners, this is what they wanted to see and would open the area up.

Mr. Applegate asked about the ponds and if there was any water flowing over the property. Mr. Hyman thought the water would need to be supplied and circulated so it would be the responsibility of the homeowner's association.

Mr. Hyman added that except for the apartments, they would like all of the streets to be considered public streets and maintained by the city. They are planning several areas that will have access for a fire truck, ambulance, etc. Mr. Applegate said there will be some minor changes on the application which he will explain when they discuss the zoning change information. Mr. Applegate said most of the zoning is R-3 and R-4 and C-1. There are just some minor zoning changes that need to be done. Landtech will be selling lots to different builders and the builders will put their own streets in. The restrictions will stay and actually be attached to the deed. Mr. Hyman said it would be up to the association to enforce the covenants but he liked the restrictions on the deeds. Mr. Hyman suggested a back up SSA, (Special Service Area), which would allow a special tax to be placed on the property owners in the development to maintain the development. It is dormant and he has never seen one implemented. If they can't pay their dues, they should not be buying the house. He thought people will buy into this community because of the look of it.

Mr. Marsh asked if they will be bringing in the utilities a little at a time. Mr. Hyman said it was a marketing and financial question. He said if someone buys in the custom area, they will need to make sure they can get to it. He said they will put in Glen Drive as needed. He thought certain sections would develop first. Mr. Bruns asked what would happen if the development plan fell through after the property was rezoned. Mr. Applegate said R-5 is the five units per acre area so it could not have a greater density. Mr. Applegate said the city can require specifications such as all brick, etc. so if someone else comes in, there are certain minimum requirements that must be met. Mr. Hyman said he thought the apartments would be the last area to be developed. Mr. Applegate said once the engineering starts, sometimes they have to reduce the number of lots.

Mr. Applegate asked what Mr. Jackson thought. Mr. Jackson said he had been impressed with Mr. Hyman and his presentation. Mr. Marsh asked if Mr. Jackson's older house would be included. Mr. Jackson said his house would stay. Mr. Marsh asked about the cemetery. Mr. Applegate said the city is maintaining that. The cemetery is not part of the transaction. Mr. Hyman said they would probably screen that. Mr. Applegate said the cemetery was actually on Mr. Jackson's ground so they should specify that in the deed. Mr. Marsh asked about the Frederick cemetery. He asked if Frederick or Furnas Road would take the most traffic to the development. Mr. Oaks said he did not expect there to be enough traffic to create a problem. Mr. Marsh said there was more emphasis on developing the northern part rather than Furnas Road. He was concerned about navigating the left turns. The road goes north of the cemetery instead of south. Mr. Hyman offered to work with the city's consulting engineer as they go along. They hoped to have the preliminary site plan approval in March, and be ready in May.

Mr. Applegate said the sewer was at the Stoneycrest entrance and the water at Frederick and Old Springfield. Mr. Marsh said it would be their responsibility to get it to that site. Mr. Applegate said they would be discussing a revolving account to assist with the expense, as they have done with Irongate Estates. The city would not have the money to extend it themselves. Mr. Marsh asked about the storm water in the flat areas. He asked if there was a breaking point where it flows in the other direction. Mr. Jackson said Furnas Road is an area where the water flows east but eventually it swings it's way around and flows back to the Stillwater River. Mr. Hyman said their plan was that the development would have their own detention pond.

Mr. Marsh said he had no problem with the concept plan. Mr. Applegate said there was a lot of reviewing to be done and it was the details that would make a development right. Mayor Packard moved to approve the conceptual plan of The Glen on Old Springfield Road. Mrs. Thomas-Roth seconded the motion. All concurred and the motion was passed.

 

3. 06-13 - Zoning change application from LandTech for property at 1810 Old Springfield Road. Mr. Applegate said on item 6, they wanted to make a few minor corrections. The upper portion came in as an annexation and was currently zoned A-R and to be changed to R-3. An R-3 area will stay the same, R-3 to R-4, C-1 to R-4, Apartments from R-4 to R-5, and active adult, will go from R-4 to R-PUD-1 if desired. R-4 is single family, two family. R-PUD-1 is what was done in Mill Ridge and allows for a variety of single family to four family homes. Mr. Hyman said he was more interested in the variable side yards and set backs. Mr. Applegate said R-PUD-1 would allow that, where R-4 has set side yards, etc. The R-PUD-1 would give them more flexibility. So they would add R-4 to R-PUD-1. All of the corrections will be made on the zoning map and the application. Mr. Applegate said what they are asking is that the planning commission recommend that this application go before the council so they can set a public hearing date. Mr. Applegate said he wanted to make sure that everyone was for the changes. They would have two weeks before the council meeting and the public hearing date would be set which would give them time to make the changes. Mr. Marsh summarized the zoning changes as follows, starting at the top of the development: A-R to R-3 12.3 acres R-3 staying R-3. R-3/C-1 to R-4 C-1 to R-3 R-4 to R-5 - Apartment area R-4 to R-PUD-1 - Adult Active Community - to be added to the application. A corrected map will be prepared for the council. Mr. Bruns moved to approve the zoning change application as presented with corrections from LandTech and forward the matter to council. Mayor Packard seconded the motion. All concurred and the motion was passed.

4. Open Agenda Mr. Applegate said they have been looking into a site for a water tower, knowing that this development was proposed. Mike Carder, from GGC Engineers had assisted the city before with their iron removal plant. He had invited Mr. Carder to attend the meeting to see the presentation. They are looking at the size of the main and what is required with the use of software utilized by Mr. Carder. He said that they were looking to be certain that the infrastructure could support the city's continuing growth. The program can show what happens during certain scenarios, like a fire, etc. They can look at individual items, like chlorine residuals. He said Union, like other communities, is interested in encouraging industrial and commercial growth. They will also look at fire support and how much water storage is necessary. Mr. Carder said instead of wondering, "what if?" everything can be plugged into the software and see what would happen to the systems. Mr. Applegate said this will allow the city to see what changes need to take place, for instance, like putting in a twelve inch water line. This lets them be sure that they will have the capability to handle the additional development. Mr. Applegate said this will help them make the determination of the size of water tower needed.

5. Mrs. Thomas-Roth moved that the planning commission meeting be adjourned. Mr. Marsh seconded the motion. All concurred and the motion was passed.

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