Liberty Township. Delaware County, Ohio Brewster Lane, Suite 125 Powell, OH LIBERTY TOWNSHIP ZONING COMMISSION

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1 PURPOSE: Trustees Fiscal Officer Shyra Eichhorn Nancy Denutte Mike Gemperline Melanie Leneghan Brewster Lane, Suite 125 Powell, OH requesting a proposed amendment to the Liberty Township Zoning Resolution which will rezone two parcels from Farm Residence (FR-i) to Planned Commercial (PC) to permit the development of limited commercial/retail uses to be known as Hyatts Crossing under the Preliminary Development Plan. The two parcels are as follows: 1) 3247 Hyatts Road Southern Ohio Electric Co. Both parcels are located in Range 19, Township 3, Section acres with acres as part of this rezoning currently owned by Columbus & which is a total of acres with acres as part of this rezoning currently owned parcels are as follows: 1) Delaware County tax parcel # which is the matter will be submitted to the Liberty Township Board of Trustees for its action. total of acres with acres as part of this rezoning currently owned by Adams which is a total of acres with acres as part of this rezoning currently owned Multi-Family Residence District (PMFR) to permit the development of 64 condominiums Resolution which will rezone four parcels from Farm Residence (FR-i) district to Planned Real Estate Investment Co., and 4) Delaware County tax parcel # acres located on Hyatts Road currently owned by Michael and Vallery Tzagournis, Road currently owned by Michael & Vallery Tzagournis, 3) 3247 Hyatts Road which is a Homes of Ohio, LLC requesting a proposed amendment to the Liberty Township Zoning The purpose of the meeting is to consider the following: OTHERS PRESENT: Tracey Mullenhour, Liberty Township Zoning Inspector and members Bonnie Goodson called the meeting to order at approximately 7:33 p.m. Administrat MEETING MINUTES Matt Huffman August 15, 2018 Fire Chief Thomas O Srien Andy Curmode PRESENT: Bonnie Goodson, Joe TraceyMuenholiXIEMBERS Karr, Phil Fry and Suzanne Vais of the public listed on the attached sign-in sheets. 1. Continuation of LTZ #18-02 submitted by Matthew Callahan on behalf of Pulte to be known as Hyatts Crossing under the Preliminary Development Plan. The four 2) Delaware County Parcel # which is acres located on Hyatts by Columbus & Southern Ohio Electric Co. All parcels are located in Range 19, Township 3, Section 2, Liberty Township, Delaware County, OH. At the conclusion of the hearing(s) 2. Continuation of LTZ #18-03 submitted by Jack Tzagournis on behalf of 28 LLC, by Adams Real Estate Investment Co., and 2) which is a total of 2, Liberty Township, Delaware County, OH. At the conclusion of the hearing(s) the matter will be submitted to the Liberty Township Board of Trustees for its action. Liberty Township Zoning Commission Minutes of August 15, 2018 Pait38-2oo1 A nice place to live!! LIBERTY TOWNSHIP ZONING COMMISSION Delaware County, Ohio Liberty Township

2 3. Approval of minutes 4. Other Business Mrs. Goodson explained that motions will require three affirmative votes to pass. The members of the audience were sworn in by Mrs. Goodson. 1. PURPOSE: Continuation of LTZ #18-02 submitted by Matthew Callahan on behalf of Pulte Homes of Ohio, LLC requesting a proposed amendment to the Liberty Township Zoning Resolution which will rezone four parcels from Farm Residence (FR-i) district to Planned Multi-Family Residence District (PMFR) to permit the development of 64 condominiums to be known as Hyatts Crossing under the Preliminary Development Plan. The four parcels are as follows: 1) Delaware County tax parcel # which is acres located on Hyatts Road currently owned by Michael and Vallery Tzagournis, 2) Delaware County Parcel # which is acres located on Hyatts Road currently owned by Michael & Vallery Tzagournis, 3) 3247 Hyatts Road which is a total of acres with acres as part of this rezoning currently owned by Adams Real Estate Investment Co., and 4) Delaware County tax parcel # which is a total of acres with acres as part of this rezoning currently owned by Columbus & Southern Ohio Electric Co. All parcels are located in Range 19, Township 3, Section 2, Liberty Township, Delaware County, OH. At the conclusion of the hearing(s) the matter will be submitted to the Liberty Township Board of Trustees for its action. STAFF REPORT: Zoning Inspector Tracey Mullenhour thanked the applicant for the revised development plan, which is much more detailed and addressed many of the issues brought up at the last meeting. Mrs. Mullenhour highlighted several issues from her Staff Report, a copy of which is attached hereto and made a permanent part of the record. Mrs. Mullenhour noted that with the added information a few divergences will need to be requested. On Page 3, a divergence will be needed for model homes being in operation beyond what the code allows. The way in which the up-lighting of the flag will be shielded has become an issue because of the close proximity to Perkins Observatory. Several of the elevations for the model homes show front yard fencing, which will require a divergence. The directional signs for the model homes are four square feet, the code allows two square feet. On Page 4, Mrs. Mullenhour believes clarification is needed on the minimum setbacks for accessory structures, such as a swimming pool. Mrs. Mullenhour noted that on Page 7, there are two items which will be provided under a separate development plan, proposed as planned commercial, which should be required to be heard together when it is time for the final development plan to be heard by the Zoning Commission. On Page 11, Mrs. Mullenhour noted the text states the...front, side and rear... shall be landscaped..., however, the exhibit only shows the front yard landscaping. Additionally, on Page ii, the Regional Plan Exhibit shows a proposed large subdivision on the west side; Mrs. Mullenhour recommends consideration be given for a buffer zone behind lots 1-17 to account for this subdivision. On Page 17, Mrs. Mullenhour notes that this will be an off-site subdivision sales sign. A divergence has been requested for a developer logo flag to be presented on the flagpole with the American flag. Mrs. Mullenhour pointed out that the developer logo will be on other signage on the same lot with the model home. Liberty Township Zoning Commission Minutes of August 15, 2018 Page 2 of 9

3 APPLICANT PRESENTATION: Mr. Tom Hart, representing the applicant, approached and introduced Joe Looby, landscape architect. Mr. Hart stated they do have several clarifications. There will be no fencing in the front yard, which is currently shown on the drawings. Mr. Hart stated that they did try to show how the residential will transition into the commercial, although the commercial is not being presented tonight. Mr. Hart noted that under the Zoning Code multi-family residential district does allow six units per acre; this plan is at Mr. Hart stated that there was an appropriate recognition by the Township several years ago that a hybrid-housing product, such as this detached single family condo, is needed. The code does allow this product and recognizes that it functions somewhat like a multi-family housing development. The code does not address a mixed-use development, which the applicant does consider this a mixeduse site. Mr. Hart noted that the 5.49 density calculation does not include the storm water pond, which is typically counted toward the density; if the pond is included, Mr. Hart stated the density is reduced to Mr. Hart presented documents showing comparable density sites; he believes this plan is very comparable and is a common development pattern. Mr. Hart stated the pond is being used for storm water and, as the Zoning Commission suggested, added more landscaping to make the pond more of an amenity. Mr. Joe Looby, from Stantec, approached. Mr. Looby explained he used the detailed notes from the last hearing before the Board and tried to incorporate those items. Mr. Looby stated that although the commercial site is not being heard tonight, he will address some items as they relate to the residential site. The layout, including the streets and number of units, did not change. Changes have been made on the drawing to graphically show what the residential component is going to build. Amenities have been added to the center green area including a gazebo, tables with game boards, landscaping and a walkway cut-through. There are two types of trees - street trees along the public street and yard trees; the applicant would like every home to have a yard tree. A divergence has been requested for this. The perimeter path will be asphalt and ten-foot wide. A typical landscape plan is included. A sketch is included showing the column, which will be masonry with limestone base and cap. The fence will be six-foot high, so the column will be higher and will serve as an identifier for the neighborhood. Another sidewalk has been added to the entry, so there will be sidewalks on both sides. An environmental scientist walked the site and there is no concern with the site. The landscape buffer or mound along Hyatts Road will be a minimum of four feet high with one shade tree per 100 feet, one evergreen tree per 50 feet, and one ornamental per 75 feet. Mr. Looby stated that he believes it is helpful to not only look at the twenty-eight acres by itself but to also look at this development along with a more regional plan. He explained that the area between Bunty Station and Home Road from the railroad tracks to the Township line, is almost 2,000 acres. Using information and projections from Regional Planning, he has created a drawing showing the area as it would be developed. The majority of this area will be single-family homes with about ten percent of the 2,000 acres as current school area. The applicant s commercial development is about one (1) percent of the 2,000 acres. The entire site, including the 28 acre residential, is about one and one-half (1 4) percent of the 2,000 acres. Mr. Looby believes the proposal are smart growth concepts with different housing styles. Mr. Looby stated that seniors want to be close to grandkids and amenities. He stated this is a small area next to Sawmill Parkway, with transition into the larger single-family sites. Mr. Looby stated it is common to have a park within a half-mile walk of a neighborhood. Liberty Township Zoning Commission Minutes of August 15, 2018 Page 3 of 9

4 Mr. Looby explained that they decided to halt the commercial piece to further develop the plan and address more of the issues brought up by the Board at the last meeting. Mr. Looby stated that the commercial is not part of this application, but he thought it was important to show how it juxtaposes the residential site. The residential did not change. The pond is the same size as before; the drawing shows more curve with more variety in the side slopes. There is a light landscape treatment around the pond. There will be a path off the public road, loop around the pond and continue to Sawmill Parkway. The white area on the plan is where parking concepts are being developed. Mr. Looby stated that they increased the landscape treatment along Sawmill Parkway with more evergreens along Hyatts Road and at the roundabout. There will be street trees on the public road coming out, with sidewalks ten feet off the road. There is a private road between the residential and commercial where they have used traffic calming concepts and have attempted to make the pedestrian equal to the vehicle. Trees will be closer to the street and paving may be varied, they will possibly add streetlights, bike racks, and benches. Where the homes front the street, the front façade and landscaping will make this look nice. Where homes back the street, there will be a solid screen fence with foundation plants and cobbles. Mr. Looby noted there will be likely be parking lots on the one side, which will have three to four feet screening to block bumpers and bottoms of cars, along with taller trees. Mr. Looby stated they will have to be creative with the mechanicals on the back of the buildings to give it a nice look. It will be important to have a pedestrian corridor through this area and between buildings. Mr. Looby stated that the goals are to have the commercial complement the residential. Zoning Commission Member Joe Karr likened this to a strip on Sawmill Parkway south of SR161, where the logos and advertising faces Sawmill but the main entrances to the business are on the back of the buildings. Mr. Karr stated that he appreciates having the proposed commercial plan to show the whole area and how much is residential versus commercial. Mr. Hart addressed Mrs. Mullenhour s report. There will be no fences. The code allows the model to be open until 90% of the units have been sold, the text asks for 95%; the applicant will keep the code number at 90%. The applicant will provide the specifics for the light shining on the American flag outside the model to comply with the code. In terms of directional signage, the code allows two square feet; they would like a divergence for four square foot signs. The applicant did not intend to reference swimming pools; this will be removed. The language will be cleaned up regarding accessory buildings and setbacks. There will be no party house. Mr. Hart will work with Mrs. Mullenhour on these items. Mr. Hart noted Mrs. Mullenhour s comment (#8) regarding putting in a buffer between this residential development and the future Jackson property and explained that they do not typically buffer between two compatible uses, single-family to single-family. The applicant will provide dimensions and specs for the logo flag. They are trying not to add to the divergence list; they currently have two one related to signs and models and related to the type of product. Mr. Hart explained that the trend is moving away from big yards and where the sidewalk and street are up against each other, this will minimize lawn maintenance. Mrs. Goodson asked how many signs are typically used for a model home. Mr. Matt Callahan, Pulte Homes, replied the package includes a display showing the number signs for the model homes, both directional and hours of operation; this is a near identical replica at what has been used in Liberty Trace and The Heathers at Golf Village North. Zoning Commission Member Joe Karr asked if the ten-foot distance between the two products is measured from the foundation, the eaves or walls. Mr. Callahan stated it is typically measured from the foundation and there is an 8 overhang. The text states a ten-foot separation, but this will normally be a twelve-foot separation to meet fire codes. Mr. Callahan stated that the Board can assume there is ten feet between the overhangs. Mr. Karr asked Liberty Township Zoning Commission Minutes of August 15, 2018 Page 4 of 9

5 about the completion of the roads. Mr. Callahan replied that they are cognizant of the Fire Department s requirements for entry and will build accordingly. Mrs. Mullenhour stated that the plans will have to be reviewed by the Fire Department. Each unit will have a two-car garage, two spots in the driveway and some on street parking for guests on one side of the street. The street width has been increased to 28 feet, which they believe is consistent with the Fire Department. Mrs. Goodson stated she is concerned with the size of stub streets at lots 1, 2, 16, and 17. Mr. Karr stated the only divergence is the size of the signs, from 12x12 to 24x24, and clarification on the eaves. Zoning Commission Member Suzanne Vais asked if the storm water will go in with this residential despite where the other rezoning would stand. Mr. Callahan replied that it will and they will ensure it is adequate for residential. Mrs. Vais asked if the fence buffer will be maintained by the homeowner s association. It will be. The applicant stated the details of the commercial will presumably be completed by the date of the next hearing. This will include the architectural elements; their intention tonight was to show the Board how the two will work together. Mrs. Goodson asked if the Board is comfortable making a motion on this preliminary plan, as it was the recommendation of the Zoning Inspector that both applications are heard together since they share the roadway system and storm water pond. Mr. Karr has no issues with them separating the two. Mrs. Goodson asked Mrs. Mullenhour if she is comfortable with this, she replied that she is. However, it is her recommendation to require that both be heard together for the final development plan approval. Zoning Commission Phil Fry asked if the proposed wood fence used for screening runs approximately 700 feet in length. Mr. Hart explained that there will be monument pillars combined with the six-foot high wood fence, with low flowering landscaping on the street side. Mrs. Vais asked if the applicant considered just landscaping as a buffer. Mr. Hart stated that a solid fence provides a better buffer and is a physical barrier for the residential area. Mrs. Vais noted ten units will face this fence. Mrs. Goodson commented that maintenance of a fence is difficult. The Board asked if other fencing materials were considered. Mr. Callahan agreed that a solid wood fence would not be ideal; he agreed to add landscaping to break this up, and he is willing to require the HOA to maintain the fence. The applicant would also be agreeable to installing a line of evergreen trees instead of the fencing. Mr. Karr noted that there are some developments using arborvitae as barriers and suggested that board on board fencing will look good as long as someone maintains it. Mr. Karr has less concern with the fencing here as it will be behind the commercial strip. Mr. Patrick Sells, 3460 Hyatts Road, stated he is concerned with disease hitting a solid wall of arborvitae and was not sure if the residents would be happy with a solid wall of fencing. Mr. Callahan stated the homeowners will have the choice of a patio or an enclosed sunroom, in some instances there may be privacy fencing around the patios. Mr. Fry and Mr. Karr suggested landscaping on both sides of the fencing. Mrs. Goodson noted that the fencing will block lights from cars. Mr. Fry asked about sidewalks. Mr. Callahan stated that within the residential section there will be a sidewalk on one side of the street but on both sides of the street at the entry roads. Mr. Fry stated his biggest concern is density; he questioned why there is an allowance for higher density in different areas and he does not believe this is compatible for what is in the area. Mr. Fry stated he is very concerned with five and one-half (5%) units per acre as opposed to one or two. He is not sure this is what the residents want in this area. Mr. Callahan stated that in the Comp Plan the proposed commercial area was designated as utility, essentially a piece owned by AEP and identified as a future expansion of their Liberty Township Zoning Commission Minutes of August 15, 2018 Page 5 of 9

6 substations. The rest of the site was planned for one to two units per acre; Mr. Fry is correct in that half the site will have more density and half the site was planned for a potential utility. The applicant believes this is an appropriate use for this location and the residential becomes a transition away from the commercial/retail services. There is a site in the Clark-Shaw Reserve development, which is almost the exact same product. Mr. Hart showed the Board where the Clark-Shaw Reserve drawings and explained that Clark-Shaw Reserve includes the pond in their density; this application does not. In identifying comparable product, Clark Shaw Reserve at 4.08 units per acre, The Courtyards at Bradford Court at 5 units per acre, Seldom Seen is the same type of product and is at 5.56 units per acre. Counting the pond, this density is 4.24 and within the code. Mr. Hart advised the Board that the Comp Plan is a guide. Mr. Hart stated they are within the density of everything else in this corridor. Mr. Hart gave the Board another handout showing Bradford Court, which is very similar to the site on the application. The sites look the same, have the same density, the same separation between units, and the same curb and street treatment to avoid big yards. Mr. Fry stated that Bradford Court is in a different location in the Township and it is a different context. Mr. Karr noted at the bottom of page 16, it states front setbacks are diverged from 30 to either 27.5 or The applicant replied that this is due to the placement of the sidewalks. PUBLIC COMMENT: Mr. Andy Turner, 3484 Hyatts Road, approached and stated his concern with the density. He asked if there is a guarantee this will be senior living as there are other communities, which claim to be for empty nesters, but turn into rentals or used by divorced families moving in for the schools. Mr. Turner questioned how the pond may be counted as open area, as the residents will not use it. He is also concerned with how close the road is to the roundabout. Mrs. Goodson asked the applicant to answer this concern. The applicant had discussions with the County Engineer and at their suggestion, the road was moved toward the east. While the traffic study is not yet finalized, they will make sure it is approved by the County Engineer. Mr. Turner believes that a traffic study done now will not account for traffic coming in from Clark-Shaw Reserve and the other new developments. Mr. Hart stated that the traffic engineering study is very standard and does account for future developments. Mr. Patrick Sells, 3460 Hyatts Road, approached and stated that the Comprehensive Plan is meant to be a guide for the Township. He stated that in the southwest corner of Sawmill Parkway, Hyatts Road will be the condominium part of the Clark-Shaw Reserve, and there will be 1,000 new homes in-between Sawmill Parkway and South Section Line Road. Mr. Sells stated the traffic study is a big concern. He noted concerns with the roundabout when trying to go into the commercial portion with the traffic and back-ups, which will be due to the increase in housing. He is concerned with the sidewalks along the commercial businesses next to Sawmill Parkway and is not sure this is consistent with the area. Mr. Sells asked if the commercial properties have been approval for drive-throughs, as this will affect the traffic. He is concerned with density and concerned that the developer did not reach out to the neighbors as other developers have done. Mr. Sells stated the lot size is a concern, the Clark-Shaw Reserve did take into account the open space allocated on the east side of Sawmill Parkway. BOARD DISCUSSION: Mr. Karr stated the traffic engineer is responsible for determining if the thoroughfares in the Township are adequate to handle the current and proposed traffic. Mr. Karr believes the Township has changed dramatically and the traffic is getting worse. He continued that the development will continue whether from the north or the south, as the property that is Liberty Township Zoning Commission Minutes of August 15, 2018 Page 6 of 9

7 farmland today has a limited life as farmland and will most likely be developed. Mr. Karr noted that the commercial portion of this application was not on the table tonight so there is no way to determine what will be going in there. The County Engineer is going to put a cut-through on the Parkway to line up with their maintenance facilities; Mr. Karr believes there are only one or two cut-throughs on the Parkway which do not have a traffic light. Mr. Karr stated that he hopes it does not turn into a fast food strip, and would like to see low-density office condos, but this is not the application tonight. Mr. Karr stated the density is an arbitrary issue as the code allows retention ponds to be counted as part of the open space and the fact that the applicant did not include this in the residential side is surprising. Mr. Karr will take this into consideration. Mr. Karr stated that it is no longer five-acre lots and the Board must operate within the code and the Comp Plan is a plan. He would rather see this product than another power substation. Mr. Fry stated that he recognizes that anything would be better than a substation, but he is not sure if what is being presented is compatible with what the Board is supposed to be doing. Mr. Fry continued that just because the code allows a certain maximum density, does not mean the Board is obligated to give that density. He also stated that the Comp Plan had a lot of public comment and it is a guide on how the Township wants to develop. Mr. Fry stated the County Engineer will give due diligence with their traffic study. He stated no one wants to see high density in this area and there are still a lot of five-acre lots here. Mr. Fry stated he does not believe this is the best way to develop it. He also said that when the Jackson property develops, there will be another one of these developments. Mr. Fry noted that eventually the sewer will not be able to handle any more developments. Mrs. Vais stated the Comp Plan does not give full guidance on this site, as it was slated for a utility. The regional plan does help Mrs. Vais see what development is coming in and in her opinion, this product is an acceptable transition between a more typical single-family development and Sawmill Parkway corridor. She believes the Bradford Court example is appropriate. Mrs. Vais stated the density is higher than some of the previously approved plans but does not believe it is off the scale. Mrs. Goodson asked if the applicant would remove two condos in the center, center the gazebo with more greenspace, and take two units out of lots 1 through 17. She stated this would help with the density. Mr. Hart responded that he is very studious of the sewer situation in this area and this type of buyer typically is a low utility user. He stated that he does not have a guarantee that school age kids will not move in to this development, however, the school system does track how many students come from different housing products. Epcon has 893 units in the Olentangy School District and there are 58 school kids from these developments. Mr. Hart stated that it is very hard to tell someone where or where not they can rent their house, however, the school data shows this is a very low number of people per unit and per acre. This is a product that every builder has to have and is based on baby boomers changing houses. This is not the same as other high density developments, this product has fewer residents using less utilities and travelling less. Mr. Hart stated that they have work to do on the application based on Mrs. Mullenhour s report and the suggestions of the Board. They would also like to meet with the neighbors. The applicant requested the application be tabled. Mr. Karr stated that it is best to do these two applications during its own meeting and not have other applications on the agenda. MOTION: Zoning Commission Member Joe Karr motioned to table LTZ #18-02 to October 17, Zoning Commission Member Suzanne Vais seconded the motion. The roll call vote was as Liberty Township Zoning Commission Minutes of August 15, 2018 Page 7 of 9

8 follows: Mrs. Goodson - Yes, Mr. Karr - Yes, Mr. Fry - Yes, and Mrs. Vais - Yes. The motion passed with 4 - Yes and 0 - No votes. CONCLUSION: This portion of the meeting concluded at 9:20 p.m. 2. PURPOSE: Continuation of LTZ #18-03 submitted by Jack Tzagournis on behalf of 28 LLC, requesting a proposed amendment to the Liberty Township Zoning Resolution which will rezone two parcels from Farm Residence (FR-i) to Planned Commercial (PC) to permit the development of limited commercial/retail uses to be known as Hyatts Crossing under the Preliminary Development Plan. The two parcels are as follows: 1) 3247 Hyatts Road which is a total of acres with acres as part of this rezoning currently owned by Adams Real Estate Investment Co., and 2) which is a total of acres with acres as part of this rezoning currently owned by Columbus & Southern Ohio Electric Co. Both parcels are located in Range 19, Township 3, Section 2, Liberty Township, Delaware County, OH. At the conclusion of the hearing(s) the matter will be submitted to the Liberty Township Board of Trustees for its action. The applicant is requesting to table LTZ # MOTION: Zoning Commission Member Joe Karr motioned to table LTZ #18-03 to October 17, Zoning Commission Member Phil Fry seconded the motion. All say aye. CONCLUSION: This portion of the meeting concluded at 9:25 p.m. 3. APPROVAL OF MINUTES Board Member Joe Karr motioned to approve the minutes of the July 18, 2018 Zoning Commission meeting. Board Member Suzanne Vais seconded the motion. The roll call vote was as follows: Mr. Karr - Yes, Mr. Fry - Yes, Mrs. Vais - Yes, and Mrs. Goodson - Yes. The motion passed with 4 - Yes and 0 - No votes. CONCLUSION: This portion of the meeting concluded at 9:30 p.m. ADJOURN: Board Member Phil Fry motioned to adjourn the meeting. All say aye. The meeting was adjourned at 9:35 p.m. Liberty Township Zoning Commission Minutes of August 15, 2018 Page 8 of 9

9 Respectfully Submitted: Liberty Township Zoning Commission By: (p/i i/i Cathy B hrer, for the Zoning Secretary Date And: J?jY(/)tA.QJ (9Xj&X1 Bonnie Goodson, Zoning Commission Chairperson /0/I Date Liberty Township Zoning Commission Minutes of August 15, 2018 Page 9 of 9