Staff Presentation Mayank Kumar gave the staff report. He said the application is for a religious place of worship which is a principle permitted use under Residential Single Family Zoning. He showed photos of the old factory and the property around it. The former factory property has been vacant for the last five years. The proposal is to use the existing building with improvements and remodeling. They plan a gravel parking lot with 27 parking spaces. They showed some landscaping between the parking lot and the road. The floor plan showed~~shows~~ a sanctuary with seating for 112. He said there were some concerns about the traffic on the street and Larry Weis of our Public Works Department said that Lake Chetac was constructed according to the correct specifications. Mr. Kumar gave the Warren County agency reports as follows:

Warren County Engineer’s Office: An email dated May 25, 2005 stated “We do not have any concerns with the concept plan. However, much more detail will be necessary in the future for a meaningful site plan review. Future information to include grading plan, floodplain limits and elevations, storm water management design, location of existing and proposed utilities, roadway/drives etc.”

Warren County Sanitary Engineer: An email dated June 1, 2005 stated that the property is currently provided sewer service by Warren County and the water service is provided to the property by the Butler County. A copy of plans was sent to Butler County for their comments regarding the water service.

Warren County Soil and Water Conservation District: A letter dated May 27, 2005 included following comments:

The project encompasses about an acre and does not require an Erosion and Sediment Control Fee or formal plan according to the Warren County Erosion and Sediment Control Regulations. The exemption from submitting a plan however, does not preclude the use of sound erosion control practices during construction and the developer is responsible for following all other provisions of the Regulations.

Perimeter controls along with timely seeding where appropriate will provide protection for the site. The plans are approved.

With regard to water quality, an EPA permit is not needed if less than one acre of land is disturbed. This project will likely fall just under an acre of disturbance therefore this office will not require water quality to be addressed. However, a gravel parking lot of healthy grassed/ trees buffer to the stream can provide benefit. Warren County Soil and Water Conservation District will make inspections during construction to assure compliance with regulations.

Deerfield Township Fire Department: No objection.

Mr. Kumar explained seven standards for granting a Conditional Use in Deerfield Township in reference to Section 6.07 D.

He had some concerns regarding the parking area, landscaping, lighting, signage, and proximity to residential uses. The staff recommended approval with 13 conditions as follows:

The Township Board of Zoning Appeals shall approve, approve with modification, or deny the submitted conditional use request based on Section 6.07(C) of Deerfield Township Zoning Resolution, unless additional information is deemed necessary to make an informed decision. In the event of approval the Board shall state specific findings for each of the “Standards for Conditional use” and staff recommends the following conditions:

1. A formal set of drawings including all site improvement and details, drawn to scale not exceeding 1:100, shall be submitted addressing all the conditions listed below. No permit of any kind shall be issued without receipt of such information.

2. All existing parking for the user of the facility shall be limited to on-site and shall not be permitted within the public right-of-ways. The sanctuary and fellowship hall may not both be utilized at the same time.

3. The parking lot and access drives shall be improved in compliance with Section 20.05, Development and Maintenance of Parking Areas, of Deerfield Township Zoning Resolution.

4. One (1) off-street loading space of 10’x25’ shall be required in compliance with Section 20.08, Off-Street Loading Design Standards, of Deerfield Township Zoning Resolution.

5. A Landscaping Plan shall be submitted in compliance with Chapter 22, Bufferyards and Landscaping, of Deerfield Township Zoning Resolution to include following:

a. A minimum of fifteen (15) feet wide bufferyard along east and west property line planted with a staggered double row of evergreen trees planted at fifteen (15) feet on-center along with a row of six (6) feet high hedge except along east property line where building is located with ten (10) feet setback only. The above stated landscaping shall be accommodated within available ten (10) feet bufferyard.

b. Parking area shall have perimeter buffer zones of a minimum width of 6.5 feet containing a row of minimum 2 ½” caliper trees planted at thirty (30) feet on-center along with a row of minimum three (3) feet high bushes planted at three (3) feet on-center between the trees.

c. Parking lot landscaping shall require interior landscaping islands. For each 100 square feet or fraction thereof of vehicular use area, at least five square feet of landscape area shall be provided.

d. Existing vegetation shall be preserved in accordance with acceptable nursery industry procedures.

6. All activity on the entire facility shall be limited between 8:00 a.m. to 11:00 p.m. on any day. All activities in the fellowship hall shall terminate by 9:30 p.m.

7. The fellowship hall shall not be used for living accommodations or transient lodging in any manner.

8. Parking lot lighting shall include a maximum twelve (12) feet high light poles with full cut-off lighting fixtures. Any building mounted lighting fixture shall not exceed ten (10) feet height with full cut-off lighting fixture. A formal lighting plan shall be prepared and submitted prior to issuance of zoning permit showing location of all lighting fixtures and the illumination level on the entire property. The illumination level shall not exceed 10 footcandles at any location and 0.2 along all property lines except the access drive locations.

9. Signage shall be in compliance with Chapter 22, Signs, of Deerfield Township Zoning Resolution.

10. Owner shall provide a letter of approval from Warren County Engineer’s Office for the interior circulation, site improvement, and Stormwater Management. If required by Warren County Engineer’s Office, Stormwater Management Plan shall be prepared at developer’s expense and a copy shall be submitted to the Deerfield Township Zoning Office.

11. Owner shall provide a letter of approval from Deerfield Township Fire Department for interior circulation, emergency access, and location of fire hydrants.

12. Owner shall provide a letter of approval from Warren County Soil and Water Conservation District for Soil and Erosion Control.

13. Compliance with Warren County Subdivision Regulations, if applicable.

Board Questions Mr. Kumar asked for any board questions. Ms. Linder had concerns about the parking. She asked Mr. Kumar if they were ~~are~~ supposed to have 68 spaces. Mr. Kumar said yes and the plan showed~~shows~~ 27. Ms. Linder asked him if there is enough land to make that many more parking spaces. Mr. Rinehart said the code says we must do so many spaces per the building size. Mr. Leary asked Mr. Kumar to show the photo again of the building. Mr. Kumar explained the photos and the setback. Mr. Kumar said the minimum front setback was is 50 feet but this is an existing building. Mr. Heckman asked what the setback for the parking lot was. ~~is.~~ Mr. Kumar said it wasis 30-35 feet setback there. Mr. Leary asked about the current building and the seating capacity and asked if there would be an issue with the parking. Mr. Kumar said yes. He also asked Mr. Kumar the original use. Mr. Kumar said there was an industrial use. Mr. Leary asked if the properties on either side are currently occupied. Mr. Kumar said yes. Mr. Kean asked if the building runs parallel to the lot boundary lines. Mr. Kumar said they need a better copy of surveyed drawings.

Proponent Timothy G. Branham, 6449 Snidercrest Road, Mason, said he wasis the site manager / contractor on this project. Mr. Branham described~~said this is~~ a 7500 square foot abandoned warehouse. It wasis in desperate need of repair. He said they would~~will~~ update the entire property and remodel the interior of the building. It would~~will~~ be nicely landscaped to the Deerfield Township code. Mr. Branham said he has been in contact with the Warren County Agencies in regard to this property. Mr. Leary asked him if he would beis putting a new roof on the building. Mr. Branham explained the roof and where the major repairs must be done. Mr. Branham said he wasis working with the architect to get the floor plan but didn’t~~doesn’t~~ feel they should pay for an architect until they see if this concept would beis approved tonight. Ms. Linder asked him where on the site he could come up with more parking. Mr. Branham said the sanctuary seats 112 but there are only 30 people attending right now. Mr. Leary said he was concerned that down the road there may be many people and not enough room. Mr. Leary asked if the parking could be reconfigured. Mr. Branham explained the parking lot for the factory and where that was~~currently is~~ and where they could add the additional parking. Mr. Rinehart was concerned about the creek near the property.

Mark Fish, 8903 Penfield Way, Maineville, OH, said that he and his wife live in Landen and work in Mason and said that he is the president of the congregation. He said as a homeowner he would have questions and he appreciated where the residents were coming from. Mr. Fish said they meet twice a week on either Friday night or Saturday morning. During the school year they also meet for Sunday School. There is a membership of 50 families but 10 to 30 people attend regularly. Mr. Fish said they have no intention of becoming a mega synagogue. Mr. Fish said that Mr. Kumar’s condition that the sanctuary and educational area not be used at the same time was acceptable to him and would work to make sure they would be using the property as directed. He said they have been around for 6 years but have been meeting at St. Anne’s Episcopal in West Chester Township. He said that they would be good neighbors. Mr. Rinehart asked if they have purchased the property yet. Mr. Fish said no. Mr. Leary closed this portion of the case and asked for any public who would like to speak to come forward.

Concerned Citizens Jim Woeste, 6960 Lake Chetac Drive, Cinti., OH, said he lived~~lives~~ closer to Butler-Warren and was is the 3^rd house on the street. Mr. Woeste did not agree with what Mr. Kumar said concerning the street width. He said that the standard residential street is 22 feet wide and this street is only 14 feet wide. Mr. Woeste said when the religious services let out there would be 27 cars driving down his street. Mr. Rinehart asked if he had talked to Larry Weis about the narrowness of the road. Mr. Woeste said when two cars meet, one must get off the road in order to let the other pass. Mr. Heckman asked considering the factory was there, do you think this would beis an improvement. Mr. Woeste said he had no problem with any place of worship going in there but he said there wasis a problem with the street.

Diana Schmidt, 8282 Gustin-Rider Road, Blanchester, OH, said she is a property owner at 6885 Lake Chetac Drive where her mother lives. Diana said she disagreed that the synagogue would stay small because most places of worship would always want to grow and she felt that it is unrealistic to say any such place won’t grow. She also did not agree with the concept that only certain parts of the building would be used at a time. Mrs. Schmidt was concerned about the parking but said the improvements to the building would be welcomed. She said going from grass to a gravel parking lot is not an improvement. She said she didn’t want the road widened because it would take the frontage from her property where her mother lives. Mrs. Schmidt said it was a gravel road when she was younger. Mrs. Schmidt said she is there every day because her mom is a shut in and she said she did not believe that traffic was high volume on the street.

Desi Murphy, 8616 Lake Chetac, Cinti., OH, said the cul-de-sac was put in so there would be room for the loading dock for the previous factory owner. He said there is traffic to the fishing lake on the weekend but not so much on week days. He said the back side of the property has flooding when it rains so that area could not be used for parking. Mr. Leary asked where the parking for the fishermen was.~~is.~~ Mr. Murphy said they parked all around the rim of the 3 acre lake. Mr. Murphy showed on the map how they drive back to fish. Mr. Leary asked him what the factory was used for. Mr. Murphy said at one time they did sheet metal work there.

Joan Walcher, 8555 Lake Chetac Drive, Cinti., OH, pointed out her house on the map and said she has lived there for 43 years. She said the building in question was a small metal shop and they added on to the building over the years. She said the factory sometimes had 3 shifts working. She said there would be 18 wheeler trucks. She said just like Mrs. Schmidt said, that the congregation would grow and she didn’t feel there would be adequate parking. Mr. Leary asked her about the pay fishing lake and the traffic. She said the traffic flow wasn’t~~isn’t~~ bad because there were~~are~~ so few residents on the street but the fishing lake draws people. She said she would rather see the “eye sore” than have the traffic.

Desi Murphy, 8616 Lake Chetac, Cinti., OH, said his girlfriend owns the fishing lake. He said during the week it varies according to the weather but sometimes there are 2 cars a day, sometimes 35 a day but on the weekends there could be 60-70 cars. Mr. Murphy said it is open 24 hours a day except on Monday.

Diana Schmidt, 8282 Gustin-Rider Road, Blanchester, OH, said not everyone was notified on the street. She said that her property is 6885 Lake Chetac Drive, and she only heard about this meeting from a neighbor. Mayank Kumar said the parcels within 300 feet of the subject address were notified.

Mark Fish, 8903 Penfield Way, Maineville, OH, said that he wanted to respond to questions about growth. Mr. Fish said they are currently a 50 family congregation with low attendance for the services. Mr. Fish said he would not want or expect any large growth. There were some questions asked about weddings. Mr. Fish said the spaces would be adequate for the sanctuary seating. He said large wedding receptions would have to be held elsewhere. He said if they needed additional parking for some big event, they could have an agreement with another congregation~~congreation~~ to allow parking there.

Mr. Leary closed the floor discussion.

Board Discussion Jim Rinehart said he was is hung up on the parking. Mr. Dean said there should be 41 parking spaces and that should be a condition. One board member said that 41 cars a week would not put that much stress on the road. Mr. Leary said he had an issue with the parking, also. Ms. Linder said this lot is a huge problem because of the parking.

Motion Motion by Jim Rinehart to deny 2005-265 for the reason of parking issues

and traffic. There was a 2^nd by Brian Leary.

Mr. Heckman said he would feel more comfortable if the applicant would have an opportunity to re-apply showing additional parking. Mr. Kumar said he believed there would not be enough space on the property due to the flood plain in the back for additional parking unless they remove part of the building. Ms. Linder asked could we put something in the motion, ~~there~~ that if the applicant must re-submit, we would ~~could~~

waive the fee. Mr. Rinehart asked if we table the case would they have to re-submit . Mr. Kumar said if we table this case, and they would be willing to come back, there would not be more fees. Mr. Leary wanted them to understand that even if they re-submit, there is no guarantee that this case would be approved.

The board asked the proponent to come back to the podium and if he would be willing to make some changes. Mark Fish, 8903 Penfield Way, Maineville, OH, thanked the board for trying to work with them. He said he would like to talk to his board about this. Mr. Heckman asked Mr. Fish if he was interested because of the square feet or the cost. Mr. Fish they have been looking for property for 3 years. He said the remodeling would be cheaper than starting from scratch. Mr. Kumar asked Mr. Branham if he would get some good architectural drawings. Tim Branham, 6649 Snidercrest Drive, Mason, OH 45040 said he would be willing to work with an architect to come up with a plan for this property.

Lois McKnight said they should work out a time line for this case so that if they don’t return within 4 months or 6 months the case would closed.

Motion Motion by Jim Rinehart to withdraw his motion on Case 2005-265 for denial.

There was a 2^nd by Cherry Linder.

Roll Call: William Heckman-Yes, James Rinehart-Yes, Brian Leary-Yes, Cherry Linder-Yes, Mike Kean-Yes The motion was approved.

Mr. Leary said we need to make a motion to table this under a specific timeline. Jim Rinehart said he was concerned about the letter from Dave Mick at Warren County regarding the condition of Lake Chetac Drive for a residential area. Mayank suggested the time line for the tabling be November of 2005.

Motion Motion by Brian Leary to table Case 2005-265, a conditional use in R-SF, for a Synagogue at 8596 Lake Chetac Drive. The motion was to table the case for up to 6 months with the applicant to return with plans that specifically address the parking issues that include a suitable site plan as recommended by staff and that staff address the road issues with Public Works. There was a 2^nd by Jim Rinehart.

Roll Call: James Rinehart-Yes, Cherry Linder-Yes, Brian Leary-Yes, William Heckman-Yes, Mike Kean-Yes The motion was approved.

New Business Jim Rinehart talked about the 20 Mile House Restaurant and the sign which was approved by this board. There was discussion on them continuing to use temporary signs in violation of what was suggested at the BZA meeting. Lois McKnight explained that the zoning department has called them and visited them in order to get the temporary signs removed.

Adjourn

Motion to adjourn by Cherry Linder. 2^nd by William Heckman.

Roll Call: William Heckman-Yes, James Rinehart-Yes, Cherry Linder-Yes, Mike Kean-Yes Brian Leary-Yes The motion was approved.

__________________________________ __________________________________

Brian Leary, Chairperson Date William Heckman, Secretary Date

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