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Board of Zoning Appeals Meeting Minutes

June 12th, 2003

7:00 PM – Trustee Meeting Room

CALL TO ORDER: John Richardson, Chairman

ROLL CALL: Scott Evans, Lee Speidel, John Richardson, Robert Giesse, Don de Reynier, and new alternate board member, Matthew Evans, were present. Township attorney, Doug Miller, was also present.

MINUTES: Minutes DT Zoning Commission May 12, 2003

Discussion & Recommendation

Motion There was a motion by Scott Evans to approve the minutes of May 12, 2003, as written. There was a second by Robert Giesse.

Roll Call Don de Reynier-yes, S. Evans-yes, L. Speidel-yes, J. Richardson-yes, R. Giesse-yes

The motion was approved.

Dave McElroy, of Warren County Water & Soil Conservation

Dave McElroy of the Warren County Water & Soil Conservation gave a Powerpoint presentation on drainage and storm water. He explained his department and their function. He said the county matches the funding this department gets from the state. He explained pre construction run-off and post construction run-off. He talked about retention basins which are wet all the time and the detention basins which are dry until it rains. He talked about annual rainfall numbers of storms which have enough rain to cause problems. Don de Reynier asked him if ground is saturated and it rains more, does he take that into account when calculating the inches of rain and the system of retention/detention ponds and pipes to carry the water away. Mr. McElroy said the ground is like damp sponge. The ground will still soak up the rain. Lee Speidel said the parking lots are not in this category. Mr. McElroy said parking lots are 98% run-off. Don de Reynier said we are mostly talking about average water, etc. Mr. McElroy had a land use graphic showing how land use changes and affects the amount of run-off. He said in “open ground” you get 25% that soaks into the ground, 25% is shallow filtration, 40% evaporates, and 10% runs off. That is an average for open ground condition. In an urban setting with a lot of concrete, roof tops, streets, etc., you get 5% defib-filtration, 10% shallow filtration, 30% evaporation, and 55% run-off. Comparing those two things, seeing the increases, are what is used to determine the size of the opening that comes out of the storm water pond and the rest is stored, so that threceiving stream doesn’t have to get it all at once. He explained the ponds. The ponds can release the water over a 24 hour period. He said wet basins out perform dry basins as far as cleansing the water. He showed photos of some ponds in the township and county. He sited a study by a college student comparing the performance of different types of retention/detention basins. The concrete “gutter / trough” type ditch to carry water away is not the best because it allows water to flow so fast there is not time to get rid of pollutants as it flows onto larger streams and ponds. He said the township probably has 200 retention / detention ponds and many are only 10 to 15 years old. Don de Reynier asked him about fountains. Mr. McElroy said the deep aerators in ponds do very well but not fountains. Mr. de Reynier asked about mosquitoes. Mr. McElroy said mosquitoes must have shade, no direct sun, and still water. He said you are no more likely to have mosquitoes in the retention/detention ponds than you are to get them in your gutters and downspouts on your house. Lee Speidel asked Mr. McElroy if any studies have been done on storm water management and mosquitoes. He said yes he has read some studies and there may be some stagnant water in storm water pipes. Mr. McElroy told the board he appreciates the opportunity to come here tonight. He said Arbor Square (a new Kroger shopping center) which is under construction has incorporated some good storm water management techniques. John Richardson thanked him for coming tonight.

NEW BUSINESS Waterstone Stage 3, Minor modification, Family Christian Store

John Richardson said this case in a minor modification of the PUD and this board will not be voting on this tonight. This review is for information only since the Deerfield Township Trustees are looking for input from this board to help them in their decision.

Staff Report Jenny Kaage described the location and said the majority of this project is in

Symmes Township, Hamilton County. The surround properties are Gratzi’s

Restaurant, Provident Bank and Pier One Imports. They are eliminating the

drive through that was still in place from the former Schlotsky’s Deli. Jenny said there is a less than 20% enlargement of the original building. The trustees wantcomments from this board for the their meeting of July 15^th, 2003. Symmes Township’s comments are included in the board’s packets. She said Warren County Building Department and Warren County Regional Planning Commission will provide comments. Lee Speidel asked Jenny to point out the line between the two jurisdictions. Jenny said we reviewed the entire sight and gave our comments to Hamilton County. John Richardson asked who has final “say so” on this case. Jenny said both jurisdictions and we are trying to work together. The store wanted 2 ground mounted signs and we told them we prefer 1. They would like more wall signage but with a PUD we limit that.

Doug Richards, Michael Schuster Associates, 316 West 4^th Street, Cinti., OH 45202, said when they spoke to Hamilton County, both sides will be regulated by

each township involved. He said this is a very unique site. Mr. Giesse was concerned about the traffic flow around the building and how it affects the surrounding buildings. He said removal of the drive through should improve that traffic flow.

Doug Richards explained the change to the building. He said they are removing the drive through and keeping the same parking area. The area which was formerly the drive through will become more building. Matt Evans asked them when they took out the drive through (exit lane), was concerned about the exit traffic. Mr. Richards said there was a buffer before by the drive through. Mr. Richardson said there was probably a curb for that. Matt Evans was concerned about the safety of the location of the dumpster and the location of parking. Mr. Evans said it seems tight there for that activity. Mr. Richards said they hope to work that out with whoever is picking up the dumpster. John Richardson said there are landscaping requirement there also.

Jim Pandzik, Cintech Construction, 10 Techview Place, Cinti., OH 45215, showed the overall site plan and pointed out how the entrance and exits are the same as before except for the elimination of the drive through lane. Lee Speidel asked Jenny about the landscaping requirements. Jenny said they have added those to the plan and they will be monitored to make sure they comply. John Richardson asked if there were comments from any public in attendance and there were none. He asked the board for comments for the trustees. John asked if we (the board) are all in agreement that we approve of the minor modification. Don de Reynier said we have a General Business PUD and Symmes Township has an EE PUD. He said it sounds like there are 2 PUD’s. John Richardson told Jenny that he thinks the comments to the trustees should be that we don’t object to the changes.

CASE 2002-799 Deerfield Township Zoning Map Changes

Jenny Kaage explained that there was still much to do on this case and that

some of the property owners still need to be contacted and we can’t move forward with this yet. Jenny suggested the board continue this case to the next Zoning Commission Meeting. John Richardson opened discussion on this case.

Motion There was a motion by Lee Speidel to continue Case #2002-799 until the next regularly scheduled Zoning Commission Meeting. Scott Evans seconded the motion.

Roll Call R. Giesse-yes, Don de Reynier-yes, S. Evans-yes, L. Speidel-yes, J. Richardson-yes

The motion was approved.

CASE 2003-137 Deerfield Township Zoning Text Amendments

Staff Report Jenny Kaage said the text amendments would be for Section 3.710, Section

3.711, Section 3.712, and Chapter 19 Section 10. Lee Speidel said the last sentence in Chapter 19 Section 10 should be eliminated since it conflicts with Section 3.711. Lee said that is why we need to delete that last line.

Discussion/ Recommend Don de Reynier when we split up the code into “active” or “passive” open space so I don’t think we must put examples in there. Doug Miller said all restrictions should be moved up to the section under “open space.” Doug Miller said it is possible for a retention could be considered an “active” open space for fishing or what ever. Doug Miller agreed with Lee Speidel to delete the last sentence under Chapter 19 Section 10 and go back to Section 3.710 and in the second sentence change it to read as follows: “Aside from buffering needs, in no event shall any area of a lot constituting the required minimum lot area, nor any part of existing or future public or private road or road rights-of-way parking areas or driveways be considered toward fulfilling an open space requirement.”

Motion There was a motion by Lee Speidel to approve the 4 text changes except in Chapter 19 Section 10 eliminating the last sentence and changing the second sentence in Section 3.710 to read as follows: “Aside from buffering needs, in no event shall any area of a lot constituting the required minimum lot area, nor any part of existing or future public or private road or road rights-of-way parking areas or driveways be considered toward fulfilling an open space requirement.”^d by John Richardson

Roll Call J. Richardson-yes, R. Giesse-yes, Matthew Evans-yes, Don de Reynier-yes, S. Evans-yes, L. Speidel-yes

The motion was approved.

8:30 PM ADJOURNMENT

There was a motion by Robert Giesse to adjourn. There was second by Don de Reynier.

Roll Call S. Evans-yes, L. Speidel-yes, J. Richardson-yes, R. Giesse-yes, Don de Reynier-yes

The motion was approved.