Commission approves minor PUD change to allow limited uncovered patio encroachment at Amberwood; city land restoration remains separate

The Beavercreek Planning Commission approved a minor modification to PUD 93-6 (Canterbury Trails / Amberwood) that allows limited, quantified encroachment into a 25-foot “non-disturbance” buffer for uncovered patios and decks along a stretch of the golf-course lots.

What was approved: The modification permits up to a five-foot encroachment for uncovered patios or decks and up to a three-foot encroachment for lawn maintenance adjacent to the patio (an effective eight-foot usable encroachment in total for patio plus lawn). The modification applies to the Amberwood development only and includes requirements for replanting and “rewilding” of disturbed areas: property owners must install five trees along the rear property line where encroachment occurred and restore non-maintenance areas within specified timelines. The commission also required the applicant to obtain permits (for example, for a retaining wall) within three months of approval and to complete the replanting/rewilding as a condition prior to permit release.

City-owned land and restoration: Commissioners and staff discussed photographs and field measurements showing limited encroachment and clearing that extended into a narrow strip of city-owned property adjacent to the lots. City staff told the commission that anything conducted on city property remains subject to separate administrative remediation: the city retains the authority to require removal or restoration of improvements on city-owned land. Planning staff said the items on city land are an administrative matter between the golf course/parks and the property owner and are not part of the PUD modification before the commission.

Public and applicant comments: John Cherry, the property owner whose patio prompted the modification, apologized for any confusion, said he did not intend to violate PUD direction and described removal of invasive vines and poison ivy during site work. Planning staff described the 2021 approved concept plan and said a nondisturbance area term lacked a clear zoning-code definition; staff proposed the limited encroachment as a compromise to allow usable backyards on otherwise shallow lots while preserving woodland-like buffers.

Commission action and HOA notification: Commissioners debated whether the change should be handled as a variance or a PUD modification and weighed precedent concerns. The commission added a ninth condition requiring that the Amberwood homeowners association be notified of the planning commission decision; the addition of condition 9 passed on roll call (4-1). The final motion to approve the minor modification with nine conditions carried 4-1.

Vote and next steps: The commission approved the minor modification 4-1. Building and zoning permits required by the conditions—and any administrative work required to restore city-owned land—are to follow the city’s standard procedures.