Deerfield Township Zoning Commission

                                           DRAFT

                  ZONING COMMISSION

         MEETING OF APRIL 14, 2003

 

                                ZONING COMMISSION

Deerfield Township Meeting Room   7 p.m. April 14, 2003

                      MINUTES

CALL TO ORDER:           John Richardson, Chairman

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

MINUTES:                            Minutes DT Zoning Commission March 10, 2003

Motion  by_Scott Evans to approve the 3/10/03 Zoning Commission minutes as written except changing on Page 5 the word “loose” to “lose”.  Second  _by Don de Renier

Roll Call   Don de Reynier-yes, S. Evans-yes, L. Speidel-yes,

J. Richardson-yes

The motion was approved.

 OLD BUSINESS                                                                  

CASE 2002-843                   Arbor Square, McDonald’s Building Lighting

Staff Report                           Jenny Kaage said the applicant cannot be here tonight.  The applicant asked Jenny to see if the board would continue this case.  She asked if the board members were able to drive by other McDonald’s with this type of architectural lighting on the roof.

Discussion/Recommendation

                                               Don de Reynier said he drove by and viewed the other McDonald’s in the area with this type of lighting and those yellow roof accents are the dominant feature when you look at the building.  Mr. de Reynier said this would not add to the quality of this development.  Lee Speidel said he agrees with Don.  John said there was a question as to whether this is more of a sign than a design feature. Jenny said we have already voted on this case but the developer wants clarification on the lighting to be forwarded to the trustees.

Motion                                   Motion by Don de Reynier that this board tell McDonald’s that there will be no illuminated architectural features (objects) on the roof such as yellow roof beams be allowed or accepted.    2nd  _by Lee Speidel_

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

                                               The motion was approved.

 

CASE 2003-102                   Kiosk for drive through pharmacy at Kroger, 2900 Montgomery Road, PUD Modification

Staff Report                          Jenny Kaage described the plans for a drive through kiosk for the Landen Krogers Pharmacy in the parking lot.  Jenny said in the event the board approves this case, there are 5 conditions which are required.

Proponent                             Russ Moody, Architect, said he reviewed the 5 conditions.  He said he had some concerns which need to be clarified.  He said the lane which is designated for the pharmacy needs to have a “bail out” capability which the board mentioned at the last meeting. Therefore, the drive through area should not have curbs which are suggested in Condition #2. Don de Reynier asked if some type of bumps could be installed that would divide the drive through area but still allow for the “bail out” feature of the drive through lane.  Scott Evans said this type of bump is difficult for snow plows.  Mr. Moody said they are also concerned about identifying this kiosk as a pharmacy pick up station so that it would not be confused with an ATM.  He said they need an enter and exit sign and an arrow to designate directions.  The kiosk has some illumination.  Mr. Moody said they can stay within the 10 square feet amountf or the kiosk sign referred to in condition #2.  Scott Evans asked about the hours of operation for the pharmacy but no one seemed to know for sure.  Mr. Moody showed photos and said the kiosk is 10 feet 5 inches high. Mr. Moody said he would verify the number of parking spaces.  He did an informal count which was 842.  According the code there should be 600 spaces for the shopping center, so the number is within the code.  Lee Speidel     explained some changes in the center and the PUD over the years with the addition of McDonald’s and Tabby’s.  John Richardson asked for more questions from the board and there were none.  Mr. Richardson asked if there were any public who wanted to speak.  There were none.

Discussion/ Recommendation

                                               On Condition #2, the last sentence regarding the permanent curb should be eliminated.  Lee Speidel suggested adding a Condition #6, stating that “the lined areas at the entry and exit of the kiosk lanes shall have permanent curbs and landscaping like the other traffic  islands and the lined area between the kiosk lane and traffic aisle shall have a raised curb or bump that can be crossed by a vehicle.”

                                              

Motion                                   Motion  by Don de Reynier to approve Case 2003-102 with the 5 Staff

                                              Conditions but eliminate the last sentence from Condition #2 and adding

                                              Condition #6_stating that “the lined areas at the entry and exit of the kiosk

                                              lanes shall have permanent curbs and landscaping like the other traffic 

                                              islands and the lined area between the kiosk lane and traffic aisle shall

                                              have a raised curb or bump that can be crossed by a vehicle.”

                                              2nd by John Richardson

 

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

                                                The motion was approved.

 

CASE 2003-103                Biggs, 9600 Mason-Montgomery Road, Outdoor Storage

 

Staff Report  Jenny Kaage gave the staff report.  She described the parking lot area where Biggs stack the bags of mulch for seasonal sales from April through August. Jenny distributed photos showing the stacks of mulch using 17 parking spaces. Jenny said in the event the board approves this there are 6 conditions which must be adhered to.  Jenny went over the 6 conditions. 

Proponent                            Otto Weening, Biggs, said the patrons pay for the mulch in the garden area and the mulch is loaded in the parking lot.  Mr. Weening said Condition #2 suggested the permit be for 3 months and can be done twice a year.  Mr. Weening said they only need the permit for 4 months one time a year.  On the Condition #4 regarding the landscaping, Mr. Weening said they lease from Duke and would not be allowed to do any landscaping changes.  He said they are willing to do the fence for screening.  They have split rail fence with concrete  blocks now.  That is not the privacy fence suggested in Condition #4 but that  type of fence would have to be ordered and they are already into the season now.  Jenny said this case is the first case to enforce the rules regarding stacks of mulch at other locations throughout the township. Lee Speidel asked him how often they receive deliveries of mulch.  They get 2 or 3 deliveries a week and most is kept in the back and they bring it out to the parking lot to stack as needed.  Scott said their aisles are double wide and there is plenty of room for loading the cars.  Scott said the gas stations have mulch stacked also.  Mr. Weening said he will work with what the township requires.  Mr. Weening explained that they do not sell Christmas trees.  This is the only time of year they need the parking lot.  Lee said if you are getting several deliveries a week would 20 parking spaces work?  Lee said the board and the trustees may be more lenient if there are smaller amounts out front.  John Richardson said this case would dictate how the other stacks of mulch at other locations in the township are handled.  Don said this case could be an exception.  John Richardson asked the board if they had more questions.  John asked Jenny if the code states 3 months.  Jenny said it doesn’t.  Banners are mentioned in the code for 3 months.  John Richardson said prior to the other businesses getting their permit, we need to come up with rules and guidelines.  Maybe the board needs to work on these. 

Discussion/Recommendation 

                                                Lee Speidel asked what authority in the code this comes from.  Doug Miller said there is a section in 25.05 C that says “The Zoning Inspector may request the specific review and approval by the Zoning Commission of any application.”  That’s an application for an outdoor use permit.  The review and approval of the Zoning Commission may also be requested by any applicant whose application has been rejected or modified by the Zoning Inspector.”  We are sort of doing a variance.  We are not setting a policy for every case of this nature.  Lee said whatever we decide tonight, we might specify that this applicant already has the material on this site and this is the first case of this nature and that has had some influence on the case.  Doug said that this is a temporary permit and that they need to come back next year.   Jenny said what is going to happen is that any other such as Meijer will have to come before the zoning board.  John Richardson said that the landscaping is beyond what they have control over since they lease from Duke.  Don de Reynier said it can be unattractive for 4 months of the year.  John Richardson said an 8 foot fence around it would be even more unattractive.  John said the guidelines are for permanent outdoor storage, not temporary outdoor storage.  Doug said the code deals with permanent outdoor storage such as the ones at Home Depot or Tractor Supply.  Doug said the permanent storage is dealt with in the PUD.  John said to come up with a code that deals with temporary storage, we should maybe write a separate code for temporary storage.

Motion                                    Motion  by Lee Speidel to approve the Bigg’s application (Case 2003-103) for temporary outdoor storage and sales of mulch including the 6 Staff Conditions and eliminating Condition #4  and specifying that because the code is not there and  because this is our first case of this sort, that this is strictly a temporary permit and maybe our next case could have a different view.  2nd by John Richardson

Don de Reynier asked about Condition #2 regarding  the 3 month time period twice a year instead of their usual 4 months once a year.  Doug Miller said that you are not going to be able to enforce it for a month now due to the timing of the case and the season.  The board did not change this condition. 

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

                                           The motion was approved.

 CASE 2002-799                 Deerfield Township Zoning Map Changes

                                               Motion by John Richardson to continue this case to the next regularly scheduled meeting of May 12._      

2nd  __by Scott Evans_

                                                 

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

                                               The motion was approved.

 

CASE 2003-137                 Deerfield Township Zoning Text  Amendments     

·         Text Amendment Chapter / Section 3.105

                                                Change the definition of informational / directional sign Jenny said the staff overlooked the fact that 3.114 is a repeat of 3.105.  She said they are exactly the same and we should eliminate 3.114.  Don de Reynier said we should leave 3.114 the way it is and change the 3.105 by deleting the word “informational” and in the text deleting “or facility information”.

MOTION                                Motion  by Don de Reynier to adopt the text change for Section 3.105 with the following modifications:  in the title eliminate “/ information in the text we eliminate “or facility information and insert “or” between directions, instructions. 

2nd  _by Scott Evans_

                                                 

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

                                              The motion was approved.

 ·         Text Amendment Chapter/Section 7.04B

Purpose is to change the monetary fine amount of a Zoning Violation from $100 to $500 at the request of Judge Parker.  Change was made to the ORC on 6/14/02. Lee Speidel asked Doug if this amount seems excessive.  Doug said it is not a money making venture but this is to insure compliance with the law and the zoning code.  Doug Miller said this $100 amount has not been changed for a long time and in the text a “d” should be put on “issued” changing it from “issues”.                                             

MOTION                              Motion by John Richardson to accept the change to the fine amount from $100 to $500 and in the text “issues” should be changed to “issued”

                                               2nd  __by Scott Evans_

                                                 

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

                                               The motion was approved.

 ·         Text Amendment Chapter/Section 3.157 (addition of Definition)

Include a definition of a junk vehicle.  The definition will appear in Chapter 3 and label section number 157. Lee Speidel referred to ORC Section 505.173 in the  township law which specifies township powers to regulate junk vehicles with a description of junk vehicles in there and gave it to Doug Miller.  Lee said we should try to use this one.  Otherwise we may have 2 different laws clashing.   

MOTION                              Motion by Lee Speidel to continue this case at the next regularly scheduled Zoning Commission meeting of  May 12, 2003 and have the staff review this.    2nd  __by Scott Evans_

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

                                               The motion was approved.

                                               ·         Text Amendment Chapter / Section 19.05A.1; 19.06A.1

Change the Stage I and Stage II notification of property owners from two hundred (200) feet to three hundred (300) feet, which will be consistent with the notification requirements for a variance and conditional use. Doug Miller said that this will change the requirement for the distance location of persons to whom we send notification which we receive from the applicant but we need another section which tells us the distance location of the property owners which tells us whom we notify.  Doug said the requirement on a zone change is to notify the continuous and adjoining property owners.  Doug said if the staff finds other deficiencies in the code they can change it.  Don de Reynier the change is to what (information) the applicant has to provide to the township. 

MOTION                                 Motion by John Richardson to approve the text amendment change to   

                                               Section 19.05A.1 and 19:06A.1  2nd by Lee Speidel 

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

                                               The motion was approved                                               

·         Text Amendment Chapter / Section 3.71; 19.10

The purpose is to prohibit the use of detention / retention areas as common open space for the public to enjoy.  Currently, the open space calculation can include these areas. Don de Reynier said he likes the idea of breaking up open space into passive or active areas.  There was discussion on putting in a comma after “roads” and doing away with “or”.   

MOTION                                 Motion by Don de Reynier to table this text amendment change and to

                                                allow the open spaces to be better defined and explore how this will

                                                impact other parts of the code, Section 3.71 and 19:10   2nd by Lee Speidel

 

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

                                                The motion was approved                                             

                    

·         Text Amendment Chapter / Section 22.05E

To regulate portable changeable copy (manual, aka reader board) signs.  The purpose is to prohibit the use of portable changeable copy (manual, aka reader board) signs since  the majority of signs are erected in the public right-of-way, drive lanes, parking areas, or interfere with traffic visibility, and morph into permanent signs. Jenny said the RPC is in agreement with this change by warned that the township could be sued. 

  MOTION                                 Motion by Lee Speidel to approve this text amendment to Section 22.05E

                                                2nd by Scott Evans

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

                                                The motion was approved.                                            

Text Amendment Chapter / Section 14.09, 16.09, 17.09

Limit on height of buildings in the Office Warehouse, General Business, and Light Manufacturing Districts. The purpose is to limit the height of buildings to a maximum of 75 feet in the Office Warehouse, General Business, and Light Manufacturing District, which should be the extent of most tree canopies. There was discussion on the various buildings which are now in the township which exceed these heights.  John Richardson asked if this would affect any previously approved buildings which are this high.  Doug Miller said not if they are already approved.

 MOTION                                Motion by Scott Evans to approve this text amendment to Sections 14.09,

                                              16.09, 17.09                  2nd by Lee Speidel

                                                

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

                                              The motion was approved.                                            

Doug Miller asked Jenny if there were any text changes on signs.  There were none but Doug said the trustees were interested in some changes in signs.  Jenny said we get a lot of variances on signs. Scott Evans said the board still should have a meeting with the trustees because the trustees go over the same things the zoning commission.  Scott said the board needs an alternate.  John Richardson asked Jenny to make sure the trustees get this information.

8:45 PM                                  ADJOURNMENT      

                                               Motion  by John Richardson to adjourn_  2nd by Lee Speidel                                                                       

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

                                                                 The motion was approved.