13-2005 - Glenview Farm Estate ZMA

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RESOLUTION NO. 13 - 2005
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RESOLUTION APPROVING A ZONING MAP AMENDMENT FROM "A-I" TO "R-PUD"
AND PRELIMINARY DEVELOPMENT PLAN FOR
CASE #02-05 GLENVIEW FARM ESTATE
WHEREAS, on Febmary 22, 2005, an application was submitted to the West Chester
Township Zoning Commission by Foxborough, LLC (ZC Case #02-05) for a Zoning Map
Amendment from "A-I" to "R-PUD" for 83± acres of land, and a Preliminary Development Plan
containing 110 single-family residential lots and reserved open space areas; and,
WHEREAS, on March 8, 2005, the Butler County Planning Commission recommended
approval of the proposed request; and,
WHEREAS, on March 21, 2005, the West Chester Zoning Commission recommended
approval of the proposed request with conditions; and,
WHEREAS, by advertisement, a public hearing for the aforesaid Zoning Map Amendment
and Preliminary Development Plan was held before the West Chester Township Board of Tmstees on
April 12, 2005 as applied for by Foxborough, LLC; and,
WHEREAS, all those present for the hearing who wished to be heard voiced their opinions
with respect thereto.
NOW THEREFORE, BE IT RESOLVED that on the basis of the above actions and
findings, the West Chester Township Board of Tmstees does hereby concur with the recommendation
and conditions of approval of the West Chester Township Zoning Commiss ion and does hereby
approve the application for the aforesaid Zoning Map Amendment and Preliminary Development
Plan consistent with the submitted site plan with the following conditions:
SECTION 1. The necessary right-of-way along Hamilton-Mason Road and S.R. 747 shall be
dedicated to the appropriate agency as it is required by the Butler County Thoroughfare Plan, or as
otherwise required by the BCEO and/or the Butler County TID to accommodate planned
improvements to Hamilton-Mason Road and S.R. 747. The dedicated right-of-way shall be reflected
on all Final Development Plans and shall be dedicated prior to the issuance of any Zoning Certificate.
SECTION 2. All improvements to Hamilton-Mason Road that are required by the BCEO,
shall be reflected on all Final Development Plans, which shall be completed at the expense of the
applicant and/or developer. Any recommended improvements of the Traffic Study shall be required,
as approved by the BCEO. In conjunction with the submittal of a Final Development Plan
application, an approval letter and responsive comments shall be provided from the BCEO regarding
the traffic study. Prior to the issuance of any Zoning Certificate, the developer shall post the
necessary bonds guaranteeing constmction of the improvements as determined by the approved
subdivision plat.
SECTION 3. A West Chester entryway monument shall be constructed on the southwest
corner of the Hamilton-Mason Road and S.R. 747 intersection, which shall be designed according to
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the "Primary" signage detai l as illustrated in the "Identity Study Summarization for West Chester in
Union Township Butler County, Ohio" that was prepared by McGill Smith Punshon, Inc. in
November 1998. The specific location, design , landscaping, maintenance responsibilities, etc. shall
be approved as part of a Final Development Plan.
SECTION 4. All roadways shall be considered public and constructed as required by the
BCEO standards for public roads unless otherwise approved at the Final Development Plan stage by
the BCEO and West Chester Planning and Zoning Department. The road connections to the south
and west, into the existing Foxborough and Reserves of Providence subdivisions, shall be
incorporated into the Final Development Plan as it is recommended by the West Chester Fire Chief in
a letter dated April 22, 2005. The applicant shall also investigate various traffic calming techniques
to discourage cut-through traffic between Hamilton-Mason Road and Tylersville Road, which shall
be incorporated into the Final Development Plan. Prior to the issuance of any Zoning Certificate, the
developer shall post the necessary bonds guaranteeing construction of roadways by phase.
SECTION 5. A 4 foot sidewalk shall be located on both sides of all public roadways and
constructed as required by the BCEO standards for sidewalks, except on Hamilton-Mason Road
where the bike path is located and along S.R. 747 where no sidewalks are required.
SECTION 6. Building setbacks shall be approved as it is noted in the "Project Summary" on
the approved Preliminary Development Plan, and the Front Building Lines that are illustrated on the
indi vidual parcels shall also be approved and used in determining the front, side and rear yards . At
the Final Development Plan stage, all setback lines shall be illustrated for all flag lots.
SECTION 7_ All residences that are located on a lot that adjoins Hamilton-Mason Road and
S.R. 747 shall be restricted to the following exterior building material requirements for primary
structures and detached garages: The entire first floor portion of the front, side and rear exterior wall
areas shall be constructed of brick, stone, cultured stone, stucco, drivit or natural wood siding. The
areas of the first floor portions expressly excluded from the above stated materials shall include areas
where normal building practices prohibit the use of the materials stated above, including but not
limited to gas fireplace insert cantilever, gables, overhangs, kitchen and other bays, and other types of
protrusions that structurally preclude the use of the above stated materials. All other exterior wall
areas may be constructed of the above listed materials or other compatible siding materials. Any
request for variation from these guidelines shall be reviewed by the developer and presented to the
Planning and Zoning Director. The Planning and Zoning Director shall approve or deny the proposed
variation in writing within ten (10) working days, however, failure to do so shall not constitute
approval. In no event shall any exterior wall contain less than 50% coverage of the specified
approved masonry or natural wood type material.
SECTION 8. The Home Owner's Association and Restrictions & Covenants for the ex isting
Foxborough development shall be required to be applied to the proposed Glenview Farm Estate at
Foxborough development, which shall be responsible for the following , which shall be specified in
the Home Owner's Association declaration: l)keeping all open space and green space areas free from
litter and debris; 2)maintain all drainage ways and retention/detention basins to perform their
designated function; 3)maintain all landscaping as approved on the Final Development Plan;
4)maintain the bike path along Hamilton-Mason Road as approved on the Final Development Plan;
and 5)maintain the West Chester Entryway Monument located on the southwest corner of the
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Hamilton-Mason Road/S.R. 747 intersection as approved on the Final Development Plan. A draft
copy of the Home Owner's Association and Restrictions & Covenant documents shall be submitted
with the first Final Development Plan for review , and recorded prior to the issuance of any Zoning
Certificate. An approved Butler County Ditch Petition may substitute for the retention/detention
responsibilities at Staff's discretion. If the developer can provide documentation at the FDP stage
that the maintenance of the entryway monument will be assumed by another agency, the HOA may
be relieved of the maintenance responsibilities.
SECTION 9. Detailed plans for all open space and green space areas shall be submitted in
conjunction with a Final Development Plan. The open space along the entire Hamilton-Mason Road
frontage shall contain a 10' bike path and split-rail fence, similar to the bike path and split-rail fence
in the Reserves of Providence development to the west, and shall be constructed with similar
materials. An alternate design may be approved at the FDP stage, if it is determined to be
complementary to the adjoining bike path. Prior to the issuance of a Zoning Certificate, all open
space and green space areas, as illustrated on the approved FDP, shall be recorded as such and
dedicated to an established Home Owner's Association, and a public easement shall be recorded for
the bike path to ensure the general public's use of the path.
SECTION 10. A combination of mounding and landscaping shall be located along the
frontages of Hamilton-Mason Road and S.R. 747, where practical, and any existing vegetation along
the west and south property lines that is practical to retain , shall remain to provide privacy to
adjoining developments.
SECTION 11. A detailed landscaping pl an shall be submitted with all Final Development
Plans, which shall include street trees on all roads and extensive landscaping at the main entrance on
Hamilton-Mason Road.
SECTION 12. A subdivision entrance monument may be permitted at the main entrance at
Hamilton-Mason Road and shall require Final Development Plan approval.
SECTION 13. All phases at Final Development Plan stage shall include a detailed drainage
plan and calculations prepared and stamped by a professional engineer, which shall meet the approval
of the BCEO. In conjunction with the submittal of a Final Development Plan application, an
approval letter and responsive comments shall be provided from the BCEO regarding the detailed
drainage plan. The exact location and design of any retention or detention facility shall be approved
at the Final Development Plan stage, which shall be designed and constructed in a way as to deter
water foul from attraction and habitation of the retention pond.
SECTION 14. All private drives to be shared by multiple lot owners shall require a cross
access easement, which shall be illustrated on all Final Development Plans and recorded as such.
Documentation of the recorded easement shall be provided to the West Chester Department of
Planning & Zoning, prior to the issuance of a Zoning Certificate for any structure using the private
drive.
SECTION 15. All private drives servlc1l1g a flag lot shall be constructed to support the
weight of a fire truck and accommodate the turning movements of a fire truck.
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SECTION 16. The location and number of fire hydrants shall be determined at the Final
Development Plan stage for all phases and shall meet the approval of the West Chester Fire
Department and West Chester Department of Planning & Zoning. All residences in all phases shall
be located within the minimum distance to a fire hydrant according to West Chester Fire Department
standards. If it is determined during Zoning Certificate review that a proposed residence does not
comply with the fire hydrant regulations, Planning & Zoning Staff shall be authorized to coordinate
with the Fire Department and approve a solution, but at no time shall an emergency access drive be
permitted from Hamilton-Mason Road and/or S.R. 747.
SECTION 17. A separate pool, and pool house area, shall be located on the Glenview Farm
Estates property, as opposed to expanding the existing Foxborough pool area for the use of both
developments. A revised plan shall be submitted within 30 days to reflect the location of the pool
area. The revised plan shall be subject to approval by the West Chester Department of Planning &
Zoning, who shall be authorized to approve minimal changes to the Preliminary Development Plan
for the purpose of accommodating the pool house area.
SECTION 18. All construction traffic shall access the site from Hamilton-Mason Road.
Therefore, the first Final Development Plan shall include a public road to Hamilton-Mason Road, or a
temporary construction road shall be provided, which shall be designed to support all construction
traffic in all weather conditions.
BE IT FURTHER RESOLVED, that all plats, plans, applications, and other data submitted
are hereby incorporated in this approval.
Adopted this
26th
day o! _ _--"'Al!.p,'-!·i'-l_ _~, 2005.
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Yes/No
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ATTEST:
Q,~..'7uYh ~1VJ
Patricia Williams, Township Clerk
APPROVED AS TO FORM:
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L.
yP5
George Lang, Vice President
Catherine Stoker, Trustee
Dona
yeS
Yrs/No
ram, Law Director
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Yes/ No
CERTIFICATE OF PUBLICATION
_A:..=pn:..:'::...l::..:12C,2,-=2c:.0-'-OS"-_ _ _ _ _ _ _ _ _ First Reading
Date
--=-_____________ __
Emergency Reading
Date
_A:..=p::..:t1-=-1"'2,:c6," "2=-0'-'0c:.S__________ Second Reading
Date
May 2, 200S Journal News
First Publication
~Da;::te::.<a'-'n::cdc.:N=-ew:..:s::p'-'ap:..:e:..:r====------ (After Approval)
May S, 200S Pulse Journal
_M:;":::a,, -y-.:,92,',=2",0.::.0=-S.::.Jo=-u::crn=al:.;N:..:..::ew=s______ Second Publi cation
(After Approval)
Date and Newspaper
May 12, 200S Pulse Journal
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' ' ' ' ' tb2tJ./1', '_--4+:1. :JlJ>lf-..'o.J!.". t __ Certificate of Publication
Clerk Signature & Date
(RES: 13·0S)